Bill Text: IL SB3936 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Metropolitan Mobility Authority Act, and establishes the Metropolitan Mobility Authority. Provides that the Chicago Transit Authority, the Commuter Rail Division and the Suburban Bus Division of the Regional Transportation Authority, and the Regional Transportation Authority are consolidated into the Metropolitan Mobility Authority and the Service Boards are abolished, instead creating the Suburban Bus Operating Division, Commuter Rail Operating Division, and the Chicago Transit Operating Division. Reinserts, reorganizes, and changes some provisions from the Metropolitan Transit Authority Act and the Regional Transportation Authority Act into the new Act and repeals those Acts. Includes provisions about the operation of the Metropolitan Mobility Authority. Creates the Equitable Transit-Supportive Development Act. Establishes the Office of Transit-Oriented Development. Provides that the Office and the Fund are to aid transit-supportive development near high-quality transit by providing specified funding to municipalities that have adopted the standards in the transit support overlay district for that area or that have adopted zoning and other changes that the Office determines have benefits greater than or equal to such a District, including transit support overlay districts. Includes provisions relating to Office standards, procedures, and reports. Creates the Zero-Emission Vehicle Act. Provides that all on-road vehicles purchased or leased by a governmental unit on or after January 1, 2028 must be a manufactured zero-emission vehicle, repowered zero-emission vehicle, manufactured near zero-emission vehicle, or repowered near zero-emission vehicle. Provides that on and after January 1, 2033, all on-road vehicles purchased or leased by a governmental unit must be a manufactured zero-emission vehicle or repowered zero-emission vehicle. Provides that, by January 1, 2048, all on-road vehicles operated by a governmental unit must be a manufactured or repowered zero-emission vehicle. Sets forth provisions implementing the Act, including requiring the Department of Central Management Services to adopt certain rules. Amends various Acts, Laws, and Codes to make conforming changes for the new Acts and to make other changes. Provides that some provisions are effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-08-14 - Added as Co-Sponsor Sen. Robert Peters [SB3936 Detail]

Download: Illinois-2023-SB3936-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3936 Introduced 5/1/2024, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
See Index
Creates the Metropolitan Mobility Authority Act, and establishes the Metropolitan Mobility Authority. Provides that the Chicago Transit Authority, the Commuter Rail Division and the Suburban Bus Division of the Regional Transportation Authority, and the Regional Transportation Authority are consolidated into the Metropolitan Mobility Authority and the Service Boards are abolished, instead creating the Suburban Bus Operating Division, Commuter Rail Operating Division, and the Chicago Transit Operating Division. Reinserts, reorganizes, and changes some provisions from the Metropolitan Transit Authority Act and the Regional Transportation Authority Act into the new Act and repeals those Acts. Includes provisions about the operation of the Metropolitan Mobility Authority. Creates the Equitable Transit-Supportive Development Act. Establishes the Office of Transit-Oriented Development. Provides that the Office and the Fund are to aid transit-supportive development near high-quality transit by providing specified funding to municipalities that have adopted the standards in the transit support overlay district for that area or that have adopted zoning and other changes that the Office determines have benefits greater than or equal to such a District, including transit support overlay districts. Includes provisions relating to Office standards, procedures, and reports. Creates the Zero-Emission Vehicle Act. Provides that all on-road vehicles purchased or leased by a governmental unit on or after January 1, 2028 must be a manufactured zero-emission vehicle, repowered zero-emission vehicle, manufactured near zero-emission vehicle, or repowered near zero-emission vehicle. Provides that on and after January 1, 2033, all on-road vehicles purchased or leased by a governmental unit must be a manufactured zero-emission vehicle or repowered zero-emission vehicle. Provides that, by January 1, 2048, all on-road vehicles operated by a governmental unit must be a manufactured or repowered zero-emission vehicle. Sets forth provisions implementing the Act, including requiring the Department of Central Management Services to adopt certain rules. Amends various Acts, Laws, and Codes to make conforming changes for the new Acts and to make other changes. Provides that some provisions are effective immediately.
LRB103 40367 AWJ 72644 b
A BILL FOR
SB3936 LRB103 40367 AWJ 72644 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article I. METROPOLITAN MOBILITY AUTHORITY
Section 1.01. Short title; references to Act.
(a) Short title. Articles I through VI of this Act may be
cited as the Metropolitan Mobility Authority Act. References
to "this Act" in Articles I through VI of this Act mean
Articles I through VI of this Act.
(b) References to Act. This Act, including both the new
and amendatory provisions, may be referred to as Clean and
Equitable Transportation Act.
Section 1.02. Legislative findings and purpose.
(a) The General Assembly finds:
(1) Section 7 of Article XIII of the Illinois
Constitution provides that public transportation is an
essential public purpose for which public funds may be
expended, and it also authorizes the State to provide
financial assistance to units of local government for
distribution to providers of public transportation.
(2) There is an urgent need to reform and continue a
unit of local government to ensure the proper management

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and operation of public transportation, to receive and
distribute State or federal operating assistance, and to
raise and distribute revenues for local operating
assistance. System generated revenues are not adequate for
such service and a public need exists to provide for, aid,
and assist public transportation in the metropolitan
region, consisting of Cook, DuPage, Kane, Lake, McHenry,
and Will counties.
(3) Comprehensive and coordinated regional public
transportation is essential to public health, safety, and
welfare. It is essential to ensuring economic well-being,
addressing the climate crisis, providing affordable
transportation options for residents at all income levels,
conserving sources of energy and land for open space,
reducing traffic congestion, and providing for and
maintaining a healthful environment for the benefit of
present and future generations in the metropolitan region.
Public transportation decreases air pollution and other
environmental hazards as well as the tragic loss of life
from crashes and allows for more efficient land use and
planning.
(4) Public transportation advances equity and equal
opportunity by improving the mobility of the public and
providing more people with greater access to jobs,
commercial businesses, schools, medical facilities, and
cultural attractions.

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(5) Public transportation in the metropolitan region
is being threatened by grave financial conditions. With
existing methods of financing, coordination, structure,
and management, the public transportation system is not
providing adequate service to ensure the public health,
safety, and welfare.
(6) The COVID-19 pandemic caused unprecedented
disruption in public transportation ridership and
operations from which the service providers have yet to
fully recover and the pandemic-related federal funding
support for public transportation operations has expired.
Although ridership levels continue to improve from the
lowest levels observed during the pandemic, net ridership
levels have not recovered to pre-pandemic levels.
Furthermore, the system experienced persistent losses in
ridership, service quality, and financial stability for
many years before the pandemic. These systemic issues,
combined with the changes in passenger behaviors,
experiences, and commuting patterns experienced since the
pandemic, create conditions untenable to a sustainable and
thriving public transportation system.
(7) Additional commitments to the public
transportation needs of persons with disabilities, the
economically disadvantaged, and the elderly are necessary.
(8) To solve these problems, it is necessary to
provide for the creation of a regional transportation

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authority with the powers necessary to ensure adequate
public transportation and a board of directors that has
the diverse experience, expertise, and background to
effectively oversee the public transportation system.
(9) A substantial or total loss of public
transportation services or any segment of public
transportation services would create an emergency
threatening the safety and well-being of the people in the
metropolitan region.
(10) To meet the urgent needs of the people of the
metropolitan region, avoid a transportation emergency, and
provide financially sound methods of managing the
provision of public transportation services in the
metropolitan region, it is necessary to create one truly
integrated regional transit system instead of 3 separate
transit systems by combining the existing Service Boards
and Regional Transportation Authority into one agency.
(11) The economic vitality of Illinois requires
regionwide and systemwide efforts to increase ridership on
the transit systems, improve roadway operations within the
metropolitan region, and allocate resources for
transportation so as to assist in the development of an
adequate, efficient, equitable, and coordinated regional
public transportation system that is in a state of good
repair.
(b) It is the purpose of this Act to provide for, aid, and

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assist public transportation in the metropolitan region
without impairing the overall quality of existing public
transportation by providing for the creation of a single
authority responsive to the people and elected officials of
the area and with the power and competence to operate the
regional transportation system, develop, implement, and
enforce plans that promote adequate, efficient, equitable, and
coordinated public transportation, provide responsible
financial stewardship of the public transportation system in
the metropolitan region, and facilitate the delivery of public
transportation that is attractive and safe to passengers and
employees, comprehensive and coordinated among its various
elements, economic and efficient, and coordinated among local,
regional, and State programs, plans, and projects.
Section 1.03. Definitions. As used in this Act:
"Authority" means the Metropolitan Mobility Authority, the
successor to the Regional Transportation Authority and the
Chicago Transit Authority.
"Board" means the Board of Directors of the Metropolitan
Mobility Authority.
"Consolidated entities" means the Chicago Transit
Authority, the Commuter Rail Division and the Suburban Bus
Division of the Regional Transportation Authority, the
Regional Transportation Authority, and all of their
subsidiaries and affiliates.

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"Construct or acquire" means to plan, design, construct,
reconstruct, improve, modify, extend, landscape, expand, or
acquire.
"Fare capping" means the action of no longer charging a
rider for any additional fares for the duration of a daily,
weekly, monthly, or 30-day pass once the rider has purchased
enough regular one-way fares to reach the cost of the
applicable pass.
"Metropolitan region" means all territory included within
the territory of the Authority as provided in this Act, and
such territory as may be annexed to the Authority.
"Municipality", "county", and "unit of local government"
have the meanings given to those terms in Section 1 of Article
VII of the Illinois Constitution.
"Operate" means operate, maintain, administer, repair,
promote, and any other acts necessary or proper with regard to
such matters.
"Operating Division" means the Suburban Bus, Commuter
Rail, and Chicago Transit Operating Divisions and any public
transportation operating division formed by the Authority
after the effective date of this Act.
"Public transportation" means the transportation or
conveyance of persons within the metropolitan region by means
available to the general public, including groups of the
general public with special needs. "Public transportation"
does not include transportation by automobiles not used for

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conveyance of the general public as passengers.
"Public transportation facility" means the equipment or
property, real or personal, or rights therein, useful or
necessary for providing, maintaining or administering public
transportation within the metropolitan region or otherwise
useful for carrying out or meeting the purposes or powers of
the Authority. Except as otherwise provided by this Act,
"public transportation facility" does not include a road,
street, highway, bridge, toll highway, or toll bridge for
general public use.
"Regional rail" means a commuter rail service pattern that
emphasizes more frequent off-peak service, simplified
schedules, and non-downtown trips. "Regional rail" may include
other elements, such as running trains through downtown
stations.
"Service Boards" means the boards of the Commuter Rail
Division, the Suburban Bus Division, and the Chicago Transit
Authority of the former Regional Transportation Authority.
"Service Standards" means quantitative and qualitative
attributes of public transit service as well as its
appropriate level of service to be provided across the
metropolitan region.
"Transportation agency" means any individual, firm,
partnership, corporation, association, body politic, municipal
corporation, public authority, unit of local government, or
other person, other than the Authority and the Operating

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Divisions, that provides public transportation in the
metropolitan region.
Article II. CREATION AND ORGANIZATION
Section 2.01. Establishment of the Authority. The
Metropolitan Mobility Authority is established upon the
effective date of this Act. The Authority is a unit of local
government, body politic, political subdivision, and municipal
corporation.
Section 2.02. Territory and annexation.
(a) The initial territory of the Authority is Cook,
DuPage, Kane, Lake, McHenry, and Will counties. Any other
county or portion thereof in Illinois contiguous to the
metropolitan region may be annexed to the Authority on such
conditions as the Authority shall by ordinance prescribe, by
ordinance adopted by the county board of such county, and by
approval by the Authority. Upon such annexation, a certificate
of such action shall be filed by the Secretary of the Authority
with the county clerk of the county so annexing to the
Authority and with the Secretary of State and the Department
of Revenue.
(b) No area may be annexed to the Authority except upon the
approval of a majority of the electors of such area voting on
the proposition so to annex, which proposition may be

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presented at any regular election as provided by the county
board or boards of the county or counties in which the area in
question is located. Such county board or boards shall cause
certification of such proposition to be given in accordance
with the general election law to the proper election officers,
who shall submit the proposition at an election in accordance
with the general election law.
Section 2.03. Extraterritorial authority. To provide or
assist any transportation of members of the general public
between points in the metropolitan region and points outside
the metropolitan region, whether in this State, Wisconsin, or
Indiana, the Authority may enter into agreements with any unit
of local government, individual, corporation, or other person
or public agency in or of any such state or any private entity
for such service. Such agreements may provide for
participation by the Authority in providing such service and
for grants by the Authority in connection with any such
service, and may, subject to federal and State law, set forth
any terms relating to such service, including coordinating
such service with public transportation in the metropolitan
region. Such agreement may be for such number of years or
duration as the parties may agree. In regard to any such
agreements or grants, the Authority shall consider the benefit
to the metropolitan region and the financial contribution with
regard to such service made or to be made from public funds in

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such areas served outside the metropolitan region.
Section 2.04. Board of Directors.
(a) The corporate authorities and governing body of the
Authority shall be a Board consisting of voting Directors and
nonvoting Directors appointed as follows:
(1) 3 Directors appointed by the Governor with the
advice and consent of the Senate;
(2) 5 Directors appointed by the Mayor of the City of
Chicago with the advice and consent of the City Council of
the City of Chicago, one of whom shall be the Commissioner
of the Mayor's Office for People with Disabilities;
(3) 5 Directors appointed by the President of the Cook
County Board of Commissioners with the advice and consent
of the members of the Cook County Board of Commissioners;
(4) one Director appointed by each of the chairs of
the county boards of DuPage, Kane, Lake, McHenry, and Will
counties with the advice and consent of their respective
county boards; and
(5) the following nonvoting Directors:
(A) the Secretary of Transportation or the
Secretary's designee;
(B) the Chair of the Board of Directors of the
Illinois State Toll Highway Authority or the Chair's
designee;
(C) a representative of organized labor, appointed

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by the Governor;
(D) a representative from the business community
in the metropolitan region, appointed by the voting
members of the Board;
(E) a representative from the disability
community, appointed by the voting members of the
Board after consulting with at least 3 organizations
in the disability community in the metropolitan region
selected by the Board; and
(F) the Chair of the Citizens Advisory Board
established by Section 2.12.
(b) All Directors shall be residents of the metropolitan
region except for those Directors appointed pursuant to
paragraph (1) of subsection (a) and subparagraphs (A) and (B)
of paragraph (5) of subsection (a), who shall be residents of
the State of Illinois.
(c) Nonvoting Directors shall have the same rights to
access Board-related materials and to participate in Board
meetings as Directors with voting rights.
(d) Nonvoting Directors shall be subject to the same
conflict of interest restrictions applicable to other
Directors, are subject to all ethics requirements applicable
to the other Directors, and must comply with the public
transportation system usage and meeting attendance
requirements of Sections 5.02 and 5.03.

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Section 2.05. Director qualifications.
(a) Except as otherwise provided by this Act, a Director
may not, while serving as a Director, be an officer, a member
of the board of directors, a trustee, or an employee of a
transportation agency or be an employee of the State of
Illinois or any department or agency of the State.
(b) Each appointment made under this Section shall be
certified by the appointing authority to the Board, which
shall maintain the certifications as part of the official
records of the Authority.
(c) Directors shall have diverse and substantial relevant
experience and expertise for overseeing the planning,
operation, and funding of a regional public transportation
system, including, but not limited to, backgrounds in urban
and regional planning, management of large capital projects,
labor relations, business management, public administration,
transportation, and community organizations.
Section 2.06. Director decision-making. Directors must
make decisions on behalf of the Authority based on the
Director's assessment of how best to build an integrated,
equitable, and efficient regional public transit system for
the metropolitan region as a whole.
Section 2.07. Board Chair and other officers.
(a) The Chair of the Board shall be appointed by the other

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Directors for a term of 5 years. The Chair shall not be
appointed from among the other Directors. The Chair shall be a
resident of the metropolitan region. The Chair may be replaced
at any time by the Directors.
(b) The Chair shall preside at Board meetings and shall be
entitled to vote on all matters.
(c) The Board shall select a Secretary and a Treasurer and
may select persons to fill such other offices of the Board and
to perform such duties as it shall from time to time determine.
The Secretary, Treasurer, and other officers of the Board may
be, but need not be, members of the Board.
(d) The Chair of the Board shall serve as the Acting Chief
Executive Officer of the Authority until the appointment of
the initial Chief Executive Officer. While the Chair is
serving as the Acting Chief Executive Officer of the
Authority, the Chair shall be entitled to annual compensation
at least equal to the compensation paid to the most highly
compensated Chief Executive Officer of a Service Board as of
the effective date of this Act, subject to appropriate
adjustments made by the Board. When the Chair is no longer
serving as the Acting Chief Executive Officer of the
Authority, the Chair shall be compensated at the same rate as
the other Directors of the Board.
Section 2.08. Terms and vacancies.
(a) Each Director shall hold office for a term of 5 years

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and until the Director's successor has been appointed and has
qualified. A vacancy shall occur upon resignation, death,
conviction of a felony, or removal from office of a Director. A
Director may be removed from office (i) upon concurrence of a
majority of the Directors, on a formal finding of
incompetence, neglect of duty, or malfeasance in office or
(ii) by the Governor in response to a summary report received
from the Governor's Executive Inspector General in accordance
with Section 20-50 of the State Officials and Employees Ethics
Act if the Director has had an opportunity to be publicly heard
in person or by counsel prior to removal. As soon as feasible
after the office of a Director becomes vacant for any reason,
the appointing authority of the Director shall make an
appointment to fill the vacancy pursuant to Section 2.04. A
vacancy shall be filled for the unexpired term.
(b) The terms of the initial set of Directors selected to
the Board pursuant to this Act shall be as follows:
(1) Directors appointed by the Mayor of the City of
Chicago and the Governor shall serve an initial term of 3
years and their successors shall serve five-year terms
until the Director's successor has been appointed and
qualified.
(2) Directors appointed by the President of the Cook
County Board of Commissioners and the board chairs of
Will, Kane, DuPage, McHenry, and Lake counties shall serve
an initial term of 5 years and their successors shall

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serve 5-year terms until the Director's successor has been
appointed and qualified.
Section 2.09. Compensation. Each Director, including the
Chair of the Authority, shall be compensated at the rate of
$25,000 per year, but nonvoting Directors employed by a public
agency are not entitled to such compensation. Each Director
shall be reimbursed for actual expenses incurred in the
performance of the Director's duties. Officers of the
Authority shall not be required to comply with the
requirements of the Public Funds Statement Publication Act.
Section 2.10. Meetings.
(a) The Board shall prescribe the times and places for
meetings and the manner in which special meetings may be
called. Board meetings shall be held in a place easily
accessible by public transit. The Board shall comply in all
respects with the Open Meetings Act. All records, documents,
and papers of the Authority, other than those relating to
matters concerning which closed sessions of the Board, may be
held and any redactions as permitted or required by applicable
law, shall be available for public examination, subject to
such reasonable regulations as the Board may adopt.
(b) A majority of the whole number of members of the
Authority then in office shall constitute a quorum for the
transaction of any business or the exercise of any power of the

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Authority. Unless otherwise stated by this Act, actions of the
Authority shall require the affirmative vote of a majority of
the voting members of the Authority present and voting at the
meeting at which the action is taken.
(c) Open meetings of the Board shall be broadcast to the
public and maintained in real time on the Board's website
using a high-speed Internet connection. Recordings of each
meeting broadcast shall be posted to the Board's website
within a reasonable time after the meeting and shall be
maintained as public records to the extent practicable, as
determined by the Board. Compliance with these provisions does
not relieve the Board of its obligations under the Open
Meetings Act.
Section 2.11. Director liability.
(a) A Director of the Authority is not liable for any
injury resulting from any act or omission in determining
policy or exercising discretion, except: (1) for willful or
wanton misconduct; or (2) as otherwise provided by law.
(b) If any claim or action is instituted against a
Director of the Authority based on an injury allegedly arising
out of an act or omission of the Director occurring within the
scope of the Director's performance of duties on behalf of the
Authority, the Authority shall indemnify the Director for all
legal expenses and court costs incurred in defending against
the claim or action and shall indemnify the Director for any

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amount paid pursuant to any judgment on, or any good faith
settlement of, such claim, except for that portion of a
judgment awarded for willful or wanton misconduct.
(c) The Authority may purchase insurance to cover the
costs of any legal expenses, judgments, or settlements under
this Section.
Section 2.12. Citizen Advisory Board. There is established
a Citizen Advisory Board. The Board shall appoint at least 5
and not more than 15 members to the Citizen Advisory Board. The
Board shall follow the selection process in Section 5.01 for
its appointments to the Citizen Advisory Board. The Board
should strive to assemble a Citizen Advisory Board that is
reflective of the diversity of the metropolitan region, the
users of the various modes of public transportation, and the
interests of the residents and institutions of the region in a
strong public transportation system. At least one member of
the Citizen Advisory Board shall represent transit riders with
disabilities. The Citizen Advisory Board shall meet at least
quarterly and shall advise the Board of the impact of its
policies and programs on the communities within the
metropolitan region. Members shall serve without compensation
but shall be entitled to reimbursement of reasonable and
necessary costs incurred in the performance of their duties.
Citizen Advisory Board members are subject to the public
transportation system usage requirements applicable to

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Authority Directors pursuant to Section 5.02.
Article III. TRANSITION
Section 3.01. Transition Committee.
(a) The Board shall establish a Transition Committee of
the Board composed of a diverse subset of Directors. Directors
appointed to the Transition Committee shall devote substantial
time and effort to managing the transitions required by this
Act in addition to their regular responsibilities as
Directors. In recognition of this level of additional effort,
the Board may authorize additional compensation for the
Directors serving on the Transition Committee over the
Director compensation authorized by Section 2.09. Such
additional compensation shall be on a documented per hour
worked basis at a rate set by the Board up to $150,000
annually.
(b) The responsibilities of the Transition Committee,
subject to the oversight of the Board, include the following:
(1) developing a transition plan for implementing the
improvements contemplated by this Act;
(2) forming, staffing, and overseeing the activities
of an Integration Management Office charged with the
day-to-day responsibility for implementing the operational
and organization changes contemplated by this Act;
(3) leading the search for a Chief Executive Officer

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of the Authority who has experience managing large public
transportation systems, which may include systems outside
of North America, or who has similar relevant experience
in managing other complex organizations;
(4) overseeing the transfer of personnel and staff
responsibilities from the consolidated entities to the
Authority to implement the provisions of this Act most
effectively; and
(5) regularly reporting to the full Board on the
status of the transition effort and make recommendations
for Board policies and actions.
(c) The Board shall implement this Act in accordance with
the following timetable:
(1) All seats on the Board shall be filled, a Chair
shall be selected, and the Board Transition Committee
shall be appointed and in operation no later than one year
after the effective date of this Act.
(2) The Integration Management Office shall be fully
organized and operating by no later than 2 years after the
effective date of this Act.
(3) A permanent Chief Executive Officer shall be
selected and in place at the Authority by no later than 3
years after the effective date of this Act.
(4) A final transition plan shall be approved by no
later than 3 years after the effective date of this Act.
(5) The transfer of all functions and responsibilities

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to the Authority as contemplated by this Act shall be
completed by no later than 4 years after the effective
date of this Act.
Section 3.02. Consolidation. On the effective date of this
Act and without further action:
(1) The Chicago Transit Authority, the Commuter Rail
Division and the Suburban Bus Division of the Regional
Transportation Authority, and the Regional Transportation
Authority are consolidated into the Authority and the
Service Boards are abolished.
(2) To the fullest extent allowed by applicable law,
the Authority shall succeed to all the rights, assets,
franchises, contracts, property, and interests of every
kind of the consolidated entities, including all rights,
powers, and duties of the Commuter Rail Division with
respect to the Northeast Illinois Regional Rail Passenger
Corporation.
(3) All previous lawful actions of the consolidated
entities shall be valid and binding upon the Authority,
and the Authority shall be substituted for the
consolidated entities with respect to each of those
actions.
(4) All fines, penalties, and forfeitures incurred or
imposed for the violation of any ordinance of a
consolidated entity shall be enforced or collected by the

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Authority.
(5) All lawful ordinances, regulations, and rules of
the consolidated entities consistent with the provisions
of this Act shall continue in full force and effect as
ordinances, regulations, and rules of the Authority until
amended or repealed by the Authority.
(6) The title to and possession of all land, property,
and funds of every kind owned by or in which a consolidated
entity possesses an interest shall not revert or be
impaired but shall be vested in the Authority to the same
extent and subject to the same restrictions, if any,
applicable to the land, property, and funds.
(7) A director or officer ceasing to hold office by
virtue of this Act and any employee of a consolidated
entity shall deliver and turn over to the Authority, or to
a person it may designate, all papers, records, books,
documents, property, real and personal, and pending
business of any kind in the director's, officer's, or
employee's possession or custody and shall account to the
Authority for all moneys for which the director, officer,
or employee is responsible.
(8) The separate existence of the consolidated
entities shall cease and the term of office of each
director and officer of those entities shall terminate,
except that the directors of the Regional Transportation
Authority on the effective date of this Act shall serve as

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temporary Directors of the Authority until their
successors are appointed pursuant to Section 5.01. The
Authority and the appointing authorities shall begin the
process under Section 5.01 to select successors to the
temporary Directors no later than 30 days after the
effective date of this Act.
Section 3.03. Transfer of employees and collective
bargaining rights.
(a) The provisions of this Section establish the
procedures to be followed by the Authority in dealing with
employees of the consolidated entities in carrying out the
consolidation and reorganization of public transportation
provided for in this Act and to provide fair and equitable
protection for those employees.
(b) On the effective date of this Act, all persons
employed by the consolidated entities shall become employees
of the Authority.
(c) The Authority shall assume and observe all applicable
collective bargaining and other agreements between the
consolidated entities and their employees in effect on the
effective date of this Act.
(d) The Authority shall assume all pension obligations of
the consolidated entities and the employees of the
consolidated entities who are members or beneficiaries of any
existing pension or retirement system and shall continue to

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have the rights, privileges, obligations, and status with
respect to such system or systems as prescribed by law.
Employees shall be given sick leave, vacation, insurance, and
pension credits in accordance with the records or labor
agreements of the consolidated entities provided to an
employee under an ordinance adopted or a contract executed by
a consolidated entity. The Authority shall determine the
number of employees necessary to provide public transportation
services on a consolidated basis and to carry out the
functions of the Authority and shall determine fair and
equitable arrangements for the employees of the Authority who
are affected by actions provided for by this Act.
(e) If the Authority and an accredited representative of
the employees of a consolidated entity fail to agree on a
matter covered by a collective bargaining agreement and
related to the implementation of this Act, either party may
request the assistance of a mediator appointed by either the
State or Federal Mediation and Conciliation Service who shall
seek to resolve the dispute. If the dispute is not resolved by
mediation within a 21-day period, the mediator shall certify
to the parties that an impasse exists. Upon receipt of the
mediator's certificate, the parties shall submit the dispute
to arbitration by a board composed of 3 persons, one appointed
by the Authority, one appointed by the labor organization
representing the employees, and a third member to be agreed
upon by the labor organization and the Authority. The member

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agreed upon by the labor organization and the Authority shall
act as chair of the board. The determination of the majority of
the board of arbitration thus established shall be final and
binding on all matters in dispute. If, after a period of 10
days from the date of the appointment of the 2 arbitrators
representing the Authority and the labor organization, the
third arbitrator has not been selected, then either arbitrator
may request the American Arbitration Association to furnish
from the current listing of the membership of the National
Academy of Arbitrators the names of 7 members of the National
Academy. The arbitrators appointed by the Authority and the
labor organization shall determine, promptly after the receipt
of the list, by that order alternatively eliminate one name
until only one name remains. The remaining person on the list
shall be the third arbitrator. Each party shall pay an equal
proportionate share of the impartial arbitrator's fees and
expenses.
Article IV. POWERS
Section 4.01. Responsibility for public transportation. As
the provider of public transportation in the metropolitan
region, the Authority may:
(1) adopt plans that implement the public policy of
the State to provide adequate, efficient, equitable, and
coordinated public transportation throughout the

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metropolitan region;
(2) develop Service Standards and performance measures
to inform the public about the extent to which the
provision of public transportation in the metropolitan
region meets those goals, objectives, and standards;
(3) use the Service Standards and performance
standards to objectively and transparently determine the
level, nature, and kind of public transportation that
should be provided for the metropolitan region;
(4) budget and allocate operating and capital funds
efficiently and in a cost-effective manner to support
public transportation in the metropolitan region;
(5) coordinate the provision of public transportation
and the investment in public transportation facilities to
enhance the integration of public transportation
throughout the metropolitan region;
(6) operate or otherwise provide for public
transportation services throughout the metropolitan
region;
(7) plan, procure, and operate an integrated fare
collection system;
(8) conduct operations, service, and capital planning;
(9) provide design and construction oversight of
capital projects;
(10) procure goods and services necessary to fulfill
its responsibilities;

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(11) develop or participate in residential and
commercial development on and in the vicinity of public
transportation stations and routes to facilitate
transit-supportive land uses, increase public
transportation ridership, generate revenue, and improve
access to jobs and other opportunities in the metropolitan
region by public transportation; and
(12) take all other necessary and reasonable steps to
provide public transportation in the metropolitan region.
Section 4.02. General powers. Except as otherwise limited
by this Act, the Authority shall have all powers necessary to
meet its responsibilities and to carry out its purposes,
including, but not limited to, the following powers:
(1) to sue and be sued;
(2) to invest any funds or any moneys not required for
immediate use or disbursement, as provided in the Public
Funds Investment Act;
(3) to make, amend, and repeal by-laws, rules, and
ordinances consistent with this Act;
(4) to borrow money and to issue its negotiable bonds
or notes;
(5) to hold, sell, sell by installment contract, lease
as lessor, transfer, or dispose of such real or personal
property as it deems appropriate in the exercise of its
powers or to provide for the use thereof by any

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transportation agency and to mortgage, pledge, or
otherwise grant security interests in any such property;
(6) to enter at reasonable times upon such lands,
waters, or premises as in the judgment of the Authority
may be necessary, convenient, or desirable for the purpose
of making surveys, soundings, borings, and examinations to
accomplish any purpose authorized by this Act after having
given reasonable notice of such proposed entry to the
owners and occupants of such lands, waters or premises,
the Authority being liable only for actual damage caused
by such activity;
(7) to procure the goods and services necessary to
perform its responsibilities;
(8) to make and execute all contracts and other
instruments necessary or convenient to the exercise of its
powers;
(9) to enter into contracts of group insurance for the
benefit of its employees, to provide for retirement or
pensions or other employee benefit arrangements for its
employees, and to assume obligations for pensions or other
employee benefit arrangements for employees of
transportation agencies, of which all or part of the
facilities are acquired by the Authority;
(10) to provide for the insurance of any property,
directors, officers, employees, or operations of the
Authority against any risk or hazard, and to self-insure

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or participate in joint self-insurance pools or entities
to insure against any risk or hazard;
(11) to appear before the Illinois Commerce Commission
in all proceedings concerning the Authority or any
transportation agency;
(12) to pass all ordinances and make all rules and
regulations proper or necessary to regulate the use,
operation, and maintenance of its property and facilities
and those of its Operating Divisions and, by ordinance, to
prescribe fines or penalties for violations of ordinances.
No fine or penalty shall exceed $5,000 per offense. An
ordinance providing for any fine or penalty shall be
published in a newspaper of general circulation in the
metropolitan region. No such ordinance shall take effect
until 10 days after its publication;
(13) to enter into arbitration arrangements, which may
be final and binding; and
(14) to provide funding and other support for projects
in the metropolitan region under the Equitable
Transit-Supportive Development Act.
Section 4.03. Purchase of transit services.
(a) The Authority may provide public transportation by
purchasing public transportation services from transportation
agencies through purchase of service agreements or grants.
(b) The Authority may make grants to or enter into

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purchase of service agreements with a transportation agency
for operating and other expenses, developing or planning
public transportation, or for constructing or acquiring public
transportation facilities, all upon such terms and conditions
as the Authority shall prescribe.
(c) The Board shall adopt guidelines setting forth uniform
standards for the making of grants and purchase of service
agreements. The grants or purchase of service agreements may
be for a number of years or duration as the parties shall
agree.
(d) A transportation agency providing public
transportation pursuant to a purchase of service or grant
agreement with the Authority is subject to the Illinois Human
Rights Act and the remedies and procedures established under
that Act. The transportation agency shall file an affirmative
action program with regard to public transportation so
provided with the Department of Human Rights within one year
of the purchase of service or grant agreement to ensure that
applicants are employed and that employees are treated during
employment without unlawful discrimination. The affirmative
action program shall include provisions relating to hiring,
upgrading, demotion, transfer, recruitment, recruitment
advertising, selection for training, and rates of pay or other
forms of compensation. Unlawful discrimination, as defined and
prohibited in the Illinois Human Rights Act, may not be made in
any term or aspect of employment, and discrimination based

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upon political reasons or factors is prohibited.
(e) The Authority is not subject to the Public Utilities
Act. Transportation agencies that have any purchase of service
or grant agreement with the Authority are not subject to that
Act as to any public transportation that is the subject of a
purchase of service or grant agreement.
(f) A contract or agreement entered into by a
transportation agency with the Authority and discontinuation
of the contract or agreement by the Authority are not subject
to approval of or regulation by the Illinois Commerce
Commission.
(g) The Authority shall assume all costs of rights,
benefits, and protective conditions to which an employee is
entitled under this Act from a transportation agency if the
inability of the transportation agency to meet its obligations
in relation thereto due to bankruptcy or insolvency, provided
that the Authority shall retain the right to proceed against
the bankrupt or insolvent transportation agency or its
successors, trustees, assigns or debtors for the costs
assumed. The Authority may mitigate its liability under this
subsection and under Section 2.11 to the extent of employment
and employment benefits which it tenders.
Section 4.04. Paratransit services.
(a) As used in this Section, "ADA paratransit services"
means those comparable or specialized transportation services

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provided to individuals with disabilities who are unable to
use fixed-route transportation systems and who are determined
to be eligible, for some or all of their trips, for such
services under the Americans with Disabilities Act of 1990 and
its implementing regulations.
(b) The Authority is responsible for the funding,
financial review, and oversight of all ADA paratransit
services that are provided by the Authority or by any
transportation agency.
(c) The Authority shall develop plans for the provision of
ADA paratransit services and submit the plans to the Federal
Transit Administration for approval. The Authority shall
comply with the requirements of the Americans with
Disabilities Act of 1990 and its implementing regulations in
developing and approving the plans, including, without
limitation, consulting with individuals with disabilities and
groups representing them in the community and providing
adequate opportunity for public comment and public hearings.
The plans shall also include, without limitation, provisions
to:
(1) maintain, at a minimum, the levels of ADA
paratransit service that are required to be provided by
the Authority pursuant to the Americans with Disabilities
Act of 1990 and its implementing regulations;
(2) provide for consistent policies throughout the
metropolitan region for scheduling of ADA paratransit

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service trips to and from destinations, with consideration
of scheduling of return trips on a will-call, open-ended
basis upon request of the rider, if practicable;
(3) provide that service contracts and rates with
private carriers and taxicabs for ADA paratransit service,
entered into or set after the approval by the Federal
Transit Administration, are procured by means of an open
procurement process;
(4) provide for fares, fare collection, and billing
procedures for ADA paratransit services throughout the
metropolitan region;
(5) provide for performance standards for all ADA
paratransit service transportation carriers, with
consideration of door-to-door service;
(6) provide, in cooperation with the Department of
Transportation, the Department of Healthcare and Family
Services, and other appropriate public agencies and
private entities for the application and receipt of
grants, including, without limitation, reimbursement from
Medicaid or other programs for ADA paratransit services;
(7) provide for a system of dispatch of ADA
paratransit services transportation carriers throughout
the metropolitan region with consideration of county-based
dispatch systems already in place;
(8) provide for a process of determining eligibility
for ADA paratransit services that complies with the

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Americans with Disabilities Act of 1990 and its
implementing regulations;
(9) provide for consideration of innovative methods to
provide and fund ADA paratransit services; and
(10) provide for the creation of an ADA advisory board
to represent the diversity of individuals with
disabilities in the metropolitan region and to provide
appropriate ongoing input from individuals with
disabilities into the operation of ADA paratransit
services.
(d) All revisions and annual updates to the ADA
paratransit services plans developed pursuant to subsection
(c), or certifications of continued compliance in lieu of plan
updates, that are required to be provided to the Federal
Transit Administration shall be developed by the Authority and
the Authority shall submit the revision, update, or
certification to the Federal Transit Administration for
approval.
(e) The Department of Transportation, the Department of
Healthcare and Family Services, and the Authority shall enter
into intergovernmental agreements as may be necessary to
provide funding and accountability for, and implementation of,
the requirements of this Section.
(f) In conjunction with its adoption of its Strategic
Plan, the Authority shall develop and submit to the General
Assembly and the Governor a funding plan for ADA paratransit

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services. The funding plan shall, at a minimum, contain an
analysis of the current costs of providing ADA paratransit
services, projections of the long-term costs of providing ADA
paratransit services, identification of and recommendations
for possible cost efficiencies in providing ADA paratransit
services, and identification of and recommendations for
possible funding sources for providing ADA paratransit
services. The Department of Transportation, the Department of
Healthcare and Family Services, and other State and local
public agencies, as appropriate, shall cooperate with the
Authority in the preparation of the funding plan.
(g) Any funds derived from the federal Medicaid program
for reimbursement of the costs of providing ADA paratransit
services within the metropolitan region shall be directed to
the Authority and shall be used to pay for or reimburse the
costs of providing ADA paratransit services.
Section 4.05. Fares and nature of service.
(a) The Authority has the sole authority for setting fares
and charges for public transportation services in the
metropolitan region, including public transportation provided
by transportation agencies pursuant to purchase of service or
grant agreements with the Authority, and for establishing the
nature and standards of public transportation to be so
provided in accordance with the Strategic Plan and Service
Standards.

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(b) The Authority shall develop and implement a regionally
coordinated and consolidated fare collection system.
(c) Whenever the Authority provides any public
transportation pursuant to grants to transportation agencies
for operating expenses, other than with regard to experimental
programs, or pursuant to any purchase of service agreement,
the purchase of service or grant agreements shall provide for
the level and nature of fares or charges to be made for such
services and the nature and standards of public transportation
to be so provided.
(d) In so providing for the fares or charges and the nature
and standards of public transportation, any purchase of
service or grant agreements shall provide, among other
matters, for the terms and cost of transfers or
interconnections between different modes of transportation and
different public transportation providers.
(e) At least once every 2 years, the Authority shall
assess the need to make fare adjustments in light of
inflation, budgetary needs, and other relevant policy
considerations. The Board shall, by ordinance, retain the
existing fare structure or adopt a revised fare structure. The
Authority shall take reasonable steps to get public input as
part of its assessment, and the Board shall conduct a public
hearing before adopting its fare structure ordinance.
(f) By no later than 2 years after the effective date of
this Act, the Authority shall implement:

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(1) an income-based reduced fare program; and
(2) fare capping for individual services and across
public transportation service providers.
(g) The Authority must develop and make available for use
by riders a universal fare instrument that may be used
interchangeably on all public transportation funded by the
Authority.
Section 4.06. Use of streets and roads.
(a) The Authority may, by ordinance, provide for special
lanes for exclusive or special use by public transportation
vehicles with regard to any roads, streets, ways, highways,
bridges, toll highways, or toll bridges in the metropolitan
region, notwithstanding any other law, ordinance, or
regulation to the contrary.
(b) The Authority may use and, by ordinance, authorize a
transportation agency to use without any franchise, charge,
permit, or license any public road, street, way, highway,
bridge, toll highway, or toll bridge within the metropolitan
region for the provision of public transportation.
Transportation agencies that have purchase of service or grant
agreements with the Authority as to any public transportation
are not, as to any aspect of the public transportation,
subject to any supervision, licensing, or regulation imposed
by a unit of local government in the metropolitan region,
except as may be specifically authorized by the Authority and

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except for regular police supervision of vehicular traffic.
Section 4.07. Bus rapid transit and related technologies.
To improve public transportation service in the metropolitan
region, the Authority shall accelerate the implementation of
bus rapid transit services using the expressway, tollway, and
other roadway systems in the metropolitan region. The
Department of Transportation and the Illinois State Toll
Highway Authority shall collaborate with the Authority in the
implementation of bus rapid transit services. The Authority,
in cooperation with the Department of Transportation and the
Illinois State Toll Highway Authority, shall evaluate and
refine approaches to bus rapid transit operations and shall
investigate technology options that facilitate the shared use
of the bus rapid transit lanes and provide revenue for
financing construction and operation of public transportation
facilities. The Authority shall also research, evaluate, and,
where appropriate, implement vehicle, infrastructure,
intelligent transportation systems, and other technologies to
improve the quality and safety of public transportation on
roadway systems in the metropolitan region.
Section 4.08. Coordination with the Department of
Transportation.
(a) The Authority shall promptly review the Department of
Transportation's plans under Section 2705-354 of the

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Department of Transportation Law of the Civil Administrative
Code of Illinois and provide the Department with
recommendations for any needed modifications to enhance the
operation and safety of public transportation on the highway.
The Department shall review the recommendations and respond to
the Authority's comments as set forth in that Section.
(b) The Department and the Authority shall jointly develop
and publish on their websites guidelines, timetables, and best
practices for how they will advance highway designs and
operations on highways under the Department's jurisdiction in
the metropolitan region to optimize the efficacy, safety, and
attractiveness of public transportation on such highways.
Section 4.09. Eminent domain.
(a) The Authority may take and acquire possession by
eminent domain of any property or interest in property which
the Authority may acquire under this Act. The power of eminent
domain may be exercised by ordinance of the Authority and
shall extend to all types of interests in property, both real
and personal, including, without limitation, easements for
access purposes to and rights of concurrent usage of existing
or planned public transportation facilities, whether the
property is public property or is devoted to public use and
whether the property is owned or held by a public
transportation agency, except as specifically limited by this
Act.

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(b) The Authority shall exercise the power of eminent
domain granted in this Section in the manner provided for the
exercise of the right of eminent domain under the Eminent
Domain Act, except that the Authority may not exercise
quick-take authority provided in Article 20 of the Eminent
Domain Act providing for immediate possession in such
proceedings and except that those provisions of Section
10-5-10 of the Eminent Domain Act requiring prior approval of
the Illinois Commerce Commission in certain instances shall
apply to eminent domain proceedings by the Authority only as
to any taking or damaging by the Authority of any real property
of a railroad not used for public transportation or of any real
property of other public utilities.
(c) The Authority may exercise the right of eminent domain
to acquire public property with the approval of the Board. In a
proceeding for the taking of public property by the Authority
through the exercise of the power of eminent domain, the venue
shall be in the circuit court of the county in which the
property is located. The right of eminent domain may be
exercised over property used for public park purposes, for
State forest purposes, or for forest preserve purposes with
the approval of the Board, after public hearing and a written
study done for the Authority, that such taking is necessary to
accomplish the purposes of this Act, that no feasible
alternatives to such taking exist, and that the advantages to
the public from such taking exceed the disadvantages to the

SB3936 - 40 - LRB103 40367 AWJ 72644 b
public of doing so. In a proceeding for the exercise of the
right of eminent domain for the taking by the Authority of
property used for public park, State forest, or forest
preserve purposes, the court shall not order the taking of
such property unless it has reviewed and concurred in the
findings required of the Authority by this paragraph. Property
dedicated as a nature preserve pursuant to the Illinois
Natural Areas Preservation Act may not be acquired by eminent
domain by the Authority.
(d) The acquisition by the Authority by eminent domain of
any property is not subject to the approval of or regulation by
the Illinois Commerce Commission, except that any requirement
in Section 10-5-10 of the Eminent Domain Act requiring in
certain instances prior approval of the Illinois Commerce
Commission for taking or damaging of property of railroads or
other public utilities shall continue to apply as to any
taking or damaging by the Authority of any real property of
such a railroad not used for public transportation or of any
real property of such other public utility.
(e) Notwithstanding any other provision of this Act, any
power granted under this Act to acquire property by
condemnation or eminent domain is subject to, and shall be
exercised in accordance with, the Eminent Domain Act.
Section 4.10. Acquisitions.
(a) The Authority may acquire any public transportation

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facility for its use or for use by a transportation agency and
may acquire any such facilities from a transportation agency,
including, without limitation, reserve funds, employees'
pension or retirement funds, special funds, franchises,
licenses, patents, permits and papers, documents, and records
of the transportation agency.
(b) In connection with an acquisition under subsection (a)
from a transportation agency, the Authority may assume
obligations of the transportation agency with regard to such
facilities or property or public transportation operations of
such agency.
(c) In each case in which this Act gives the Authority the
power to construct or acquire real or personal property, the
Authority may acquire such property by contract, purchase,
gift, grant, exchange for other property or rights in
property, lease, sublease, or installment or conditional
purchase contracts. A lease or contract may provide for
consideration to be paid in annual installments during a
period not exceeding 40 years. Property may be acquired
subject to such conditions, restrictions, liens, or security
or other interests of other parties as the Authority deems
appropriate, and, in each case, the Authority may acquire a
joint, leasehold, easement, license, or other partial interest
in such property. Any such acquisition may provide for the
assumption of, or agreement to pay, perform, or discharge
outstanding or continuing duties, obligations, or liabilities

SB3936 - 42 - LRB103 40367 AWJ 72644 b
of the seller, lessor, donor, or other transferor of or of the
trustee with regard to such property.
(d) In connection with the acquisition of public
transportation equipment, including, but not limited to,
rolling stock, vehicles, locomotives, buses, or rapid transit
equipment, the Authority may also execute agreements
concerning such equipment leases, equipment trust
certificates, conditional purchase agreements, and other
security agreements and may make such agreements and covenants
as required in the form customarily used in such cases
appropriate to effect such acquisition.
(e) Obligations of the Authority incurred pursuant to this
Section shall not be considered bonds or notes within the
meaning of Section 6.05.
Section 4.11. Public bidding.
(a) The Board shall adopt rules to ensure that the
acquisition by the Authority of services or public
transportation facilities, other than real estate, involving a
cost of more than the small purchase threshold set by the
Federal Transit Administration and the disposition of all
property of the Authority shall be after public notice and
with public bidding.
(b) The Board shall adopt rules to ensure that the
construction, demolition, rehabilitation, renovation, and
building maintenance projects by the Authority for services or

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public transportation facilities involving a cost of more than
$40,000 or such other amount set by the Board by ordinance
shall be after public notice and with public bidding. The
ordinance may provide for exceptions to such requirements for
acquisition of repair parts, accessories, equipment, or
services previously furnished or contracted for; for the
immediate delivery of supplies, material, or equipment or
performance of service when it is determined by the
concurrence of a majority of the then Directors that an
emergency requires immediate delivery or supply thereof; for
goods or services that are economically procurable from only
one source; for contracts for the maintenance or servicing of
equipment which are made with the manufacturers or authorized
service agent of that equipment where the maintenance or
servicing can best be performed by the manufacturer or
authorized service agent or such a contract would be otherwise
advantageous to the Authority, except that the exceptions in
this clause shall not apply to contracts for plumbing,
heating, piping, refrigeration, and automatic temperature
control systems, ventilating, and distribution systems for
conditioned air, and electrical wiring; for goods or services
procured from another governmental agency; for purchases and
contracts for the use or purchase of data processing equipment
and data processing systems software; for the acquisition of
professional or utility services; and for the acquisition of
public transportation equipment, including, but not limited

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to, rolling stock, locomotives, and buses if: (i) it is
determined by the Directors that a negotiated acquisition
offers opportunities with respect to the cost or financing of
the equipment, its delivery, or the performance of a portion
of the work within the State or the use of goods produced or
services provided within the State; (ii) a notice of intention
to negotiate for the acquisition of such public transportation
equipment is published in a newspaper of general circulation
within the metropolitan region inviting proposals from
qualified vendors; and (iii) any contract with respect to such
acquisition is authorized by the Directors.
(c) The requirements set forth in this Section do not
apply to purchase of service or grant agreements or other
contracts, purchases, or sales entered into by the Authority
with any transportation agency or unit of local government.
(d) The Authority may use a 2-phase design-build selection
procedure as follows:
(1) The Authority may authorize the use of competitive
selection and the prequalification of responsible bidders
consistent with all applicable laws.
(2) 2-phase design-build selection procedures shall
consist of the following:
(A) The Authority shall develop, through licensed
architects or licensed engineers, a scope of work
statement for inclusion in the solicitation for
phase-one proposals that defines the project and

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provides prospective offerors with sufficient
information regarding the Authority's requirements.
The statement shall include criteria and preliminary
design, general budget parameters, and general
schedule or delivery requirements to enable the
offerors to submit proposals which meet the
Authority's needs. When the 2-phase design-build
selection procedure is used and the Authority
contracts for development of the scope of work
statement, the Authority shall contract for
architectural or engineering services as defined by
and in accordance with the Architectural, Engineering,
and Land Surveying Qualifications Based Selection Act
and all applicable licensing statutes.
(B) The evaluation factors to be used in
evaluating phase-one proposals must be stated in the
solicitation and must include specialized experience
and technical competence, capability to perform, past
performance of the offeror's team, including the
architect-engineer and construction members of the
team, and other appropriate technical and
qualifications factors. Each solicitation must
establish the relative importance assigned to the
evaluation factors and the subfactors that must be
considered in the evaluation of phase-one proposals on
the basis of the evaluation factors set forth in the

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

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(D) A design-build solicitation issued under the
procedures in this subsection shall state the maximum
number of offerors that are to be selected to submit
competitive phase-two proposals. The maximum number
specified in the solicitation shall not exceed 5
unless the Authority with respect to an individual
solicitation determines that a specified number
greater than 5 is in the best interest of the Authority
and is consistent with the purposes and objectives of
the two-phase design-build selection process.
(E) All designs submitted as part of the two-phase
selection process and not selected shall be
proprietary to the preparers.
Section 4.12. Limitations on Authority powers.
(a) The Authority may not:
(1) require or authorize the operation of, or operate
or acquire by eminent domain or otherwise, any public
transportation facility or service on terms or in a manner
which unreasonably interferes with the ability of a
railroad to provide efficient freight or intercity
passenger service. This paragraph does not bar the
Authority from acquiring title to any property in a manner
consistent with this paragraph;
(2) obtain by eminent domain any interest in a
right-of-way or any other real property of a railroad that

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is not a public body in excess of the interest to be used
for public transportation as provided in this Act; or
(3) prohibit the operation of public transportation by
a private carrier that does not receive a grant or
purchase of service agreement from the Authority.
(b) If, in connection with any construction, acquisition,
or other activity undertaken by or for the Authority or
pursuant to any purchase of service or grant agreement with
the Authority, a facility of a public utility, as defined in
the Public Utilities Act, is removed or relocated from its
then-existing site, all costs and expenses of such relocation
or removal, including the cost of installing such facilities
in a new location or locations, and the cost of any land or
lands, interest in land, or any rights required to accomplish
such relocation or removal, shall be paid by the Authority. If
any such facilities are so relocated onto the properties of
the Authority or onto properties made available for that
purpose by the Authority, there shall be no rent, fee, or other
charge of any kind imposed upon the public utility owning or
operating such facilities in excess of that imposed prior to
such relocation and such public utility, and its successors
and assigns, and the public utility shall be granted the right
to operate such facilities in the new location or locations
for as long a period and upon the same terms and conditions as
it had the right to maintain and operate such facilities in
their former location. Nothing in this subsection shall

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prevent the Authority and a transportation agency from
agreeing in a purchase of service agreement or otherwise to
make different arrangements for such relocations or the costs
thereof.
Section 4.13. Appointment of officers and employees.
(a) The Authority may appoint, retain, and employ
officers, attorneys, agents, engineers, and employees. The
officers shall include an Executive Director, who shall be the
chief executive officer of the Authority, appointed by the
Chair with the concurrence of the Board.
(b) The Executive Director must be an individual of proven
transportation and management skills and may not be a member
of the Board, except as provided in subsection (d) of Section
2.07.
(c) The Executive Director shall hire and organize the
staff of the Authority, shall allocate their functions and
duties, shall fix compensation and conditions of employment of
the staff of the Authority, and, consistent with the policies
of and direction from the Board, take all actions necessary to
achieve the Executive Director's purposes, fulfill the
Executive Director's responsibilities, and carry out the
Executive Director's powers. The Executive Director shall have
such other powers and responsibilities as the Board shall
determine.
(d) The Authority may employ its own professional

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management personnel to provide professional and technical
expertise concerning its purposes and powers and to assist it
in assessing the performance of the Authority and the
transportation agencies in the metropolitan region.
(e) No employee, officer, or agent of the Authority may
receive a bonus that exceeds 10% of the employee's, officer's,
or agent's annual salary unless the Board has approved that
bonus. This subsection does not apply to usual and customary
salary adjustments or payments made under performance-based
compensation plans adopted pursuant to Section 5.04.
(f) Unlawful discrimination, as defined and prohibited in
the Illinois Human Rights Act, shall not be made in any term or
aspect of employment and there may not be discrimination based
upon political reasons or factors. The Authority shall
establish regulations to ensure that its discharges shall not
be arbitrary and that hiring and promotion are based on merit.
(g) The Authority is subject to the Illinois Human Rights
Act and the remedies and procedures established under that
Act. The Authority shall file an affirmative action program
for employment by it with the Department of Human Rights to
ensure that applicants are employed and that employees are
treated during employment, without regard to unlawful
discrimination. Such affirmative action program shall include
provisions relating to hiring, upgrading, demotion, transfer,
recruitment, recruitment advertising, selection for training,
and rates of pay or other forms of compensation.

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Section 4.14. Policy with respect to protective
arrangements, collective bargaining, and labor relations.
(a) The Authority shall ensure that every employee of the
Authority or a transportation agency shall receive fair and
equitable protection against actions of the Authority, which
shall not be less than those established pursuant to Section
13(c) of the Urban Mass Transportation Act of 1964, as amended
(49 U.S.C. 1609(c)), and Section 405(b) of the Rail Passenger
Service Act of 1970, as amended (45 U.S.C. 565(b)), and as
prescribed by the United States Secretary of Labor under those
Acts at the time of the protective agreement or arbitration
decision providing protection.
(b) There shall be no limitation on freedom of association
among employees of the Authority nor any denial of the right of
employees to join or support a labor organization and to
bargain collectively through representatives of their own
choosing.
(c) The Authority and the duly accredited representatives
of employees shall have the obligation to bargain collectively
in good faith, and the Authority shall enter into written
collective bargaining agreements with such representatives.
(d) As used in this Section, "actions of the Authority"
includes the Authority's acquisition and operation of public
transportation facilities, the execution of purchase of
service and grant agreements made under this Act and the

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coordination, reorganization, combining, leasing, merging of
operations, or the expansion or curtailment of public
transportation services or facilities by the Authority.
"Actions of the Authority" does not include a failure or
refusal to enter into a purchase of service or grant
agreement.
Section 4.15. Employee protection. The Authority shall
negotiate or arrange for the negotiation of such fair and
equitable employee arrangements with the employees, through
their accredited representatives authorized to act for them.
If agreement cannot be reached on the terms of such protective
arrangement, any party may submit any matter in dispute to
arbitration. In such arbitration, each party shall have the
right to select nonvoting arbitration board members. The
impartial arbitrator shall be selected by the American
Arbitration Association and appointed from a current listing
of the membership of the National Academy of Arbitrators, upon
request of any party. The impartial arbitrator's decision
shall be final and binding on all parties. Each party shall pay
an equal proportionate share of the impartial arbitrator's
fees and expenses.
Section 4.16. Employee pensions. The Authority may
establish and maintain systems of pensions and retirement
benefits for officers and employees of the Authority as may be

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designated or described by ordinance of the Authority; may fix
the classifications of the systems of pensions and retirement;
may take such steps as may be necessary to provide that persons
eligible for admission to the pension systems as officers and
employees of the Authority or of a transportation agency whose
operations are financed in whole or in part by the Authority,
including that the officers and employees shall retain
eligibility for admission to or continued coverage and
participation under Title II of the federal Social Security
Act, as amended, and the related provisions of the Federal
Insurance Contributions Act, as amended, the federal Railroad
Retirement Act, as amended, and the Railroad Retirement Tax
Act, as amended, as the case may be; and may provide, in
connection with the pension systems, a system of benefits
payable to the beneficiaries and dependents of a participant
in the pension systems after the death of the participant,
whether accidental or otherwise, whether occurring in the
actual performance of duty or otherwise, or both, subject to
exceptions, conditions, restrictions, and classifications as
may be provided by ordinance of the Authority. The pension
systems shall be financed or funded by means and in a manner as
may be determined by the Authority to be economically
feasible.
Section 4.17. Labor contracts.
(a) The Authority shall deal with and enter into written

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contracts with employees of the Authority through accredited
representatives of the employees authorized to act for the
employees concerning wages, salaries, hours, working
conditions, and pension or retirement provisions. However,
nothing in this Act shall be construed to permit hours of labor
in excess of those prohibited by law or to permit working
conditions prohibited by law.
(b) If the Authority acquires the public transportation
facilities of a transportation agency and operates such
facilities, all employees actively engaged in the operation of
the facilities shall be transferred to and appointed as
employees of the Authority, subject to all the rights and
benefits of Sections 4.14 through 4.18, and the Authority
shall assume and observe all applicable labor contracts and
pension obligations. These employees shall be given seniority
credit and sick leave, vacation, insurance, and pension
credits in accordance with the records or labor agreements
from the acquired transportation system. Members and
beneficiaries of any pension or retirement system or other
benefits established by the acquired transportation system
shall continue to have rights, privileges, benefits,
obligations, and status with respect to the established
retirement or retirement system. The Authority shall assume
the obligations of any transportation system acquired by it
with regard to wages, salaries, hours, working conditions,
sick leave, health and welfare, and pension or retirement

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provisions for these employees. The Authority and the
employees, through their representatives for collective
bargaining purposes, shall take whatever action may be
necessary to have pension trust funds presently under the
joint control of such transportation agency and the
participating employees through their representatives
transferred to the trust funds to be established, maintained,
and administered jointly by the Authority and the
participating employees through their representatives.
(c) If the Authority takes any of the actions specified in
subsection (d) of Section 4.14, it shall do so only after
meeting the requirements of subsection (a) of Section 4.14 and
Section 4.15. If the Authority acquires and operates the
public transportation facilities of a transportation agency
engaged in the transportation of persons by railroad, it shall
do so only in such manner as to ensure the continued
applicability to the railroad employees affected thereby of
the provisions of all federal statutes then applicable to them
and a continuation of their existing collective bargaining
agreements until the provisions of said agreements can be
renegotiated by representatives of the Authority and the
representatives of said employees duly designated as such
pursuant to the terms and provisions of the Railway Labor Act,
as amended (45 U.S.C. 151 et seq.). However, nothing in this
subsection shall prevent the abandonment of such facilities,
the discontinuance of such operations pursuant to applicable

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law, or the substitution of other operations or facilities for
such operations or facilities, whether by merger,
consolidation, coordination, or otherwise. If new or
supplemental operations or facilities are substituted
therefore, the provisions of Section 4.18 shall be applicable,
and all questions concerning the selection of forces to
perform the work of such new or supplemental facilities or
operations and whether the Authority shall be required to
ensure the continued applicability of the federal statutes
applicable to such employees shall be negotiated and, if
necessary, arbitrated, in accordance with subsection (a) of
Section 4.18.
Section 4.18. Labor relations procedures.
(a) If the Authority proposes to operate or to enter into a
contract to operate any new public transportation facility
which may result in the displacement of employees or the
rearrangement of the working forces of the Authority or of a
transportation agency, the Authority shall give at least 90
days' written notice of such proposed operations to the
representatives of the employees affected, and the Authority
shall provide for the selection of forces to perform the work
of that facility on the basis of agreement between the
Authority and the representatives of such employees. If there
is a failure to agree, the dispute may be submitted by the
Authority or by any representative of the employees affected

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to final and binding arbitration by an impartial arbitrator to
be selected by the American Arbitration Association from a
current listing of arbitrators of the National Academy of
Arbitrators.
(b) If there is a labor dispute not otherwise governed by
this Act, by the Labor Management Relations Act of 1947, as
amended, by the Railway Labor Act, as amended, or by impasse
resolution provisions in a collective bargaining or protective
agreement involving the Authority or any transportation agency
financed, in whole or in part, by the Authority and the
employees of the Authority or of any such transportation
agency that is not settled by the parties thereto within 30
days from the date of commencement of negotiations, either
party may request the assistance of a mediator appointed by
either the State or Federal Mediation and Conciliation
Service, who shall seek to resolve the dispute. If the dispute
is not resolved by mediation within a reasonable period, the
mediator shall certify to the parties that an impasse exists.
Upon receipt of the mediator's certification, any party to the
dispute may, within 7 days, submit the dispute to a
fact-finder who shall be selected by the parties pursuant to
the rules of the American Arbitration Association from a
current listing of members of the National Academy of
Arbitrators supplied by the American Arbitration Association.
The fact-finder shall have the duty to hold hearings, or
otherwise take evidence from the parties under such other

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arrangements as they may agree. Upon completion of the
parties' submissions, the fact-finder may issue and make
public findings and recommendations or refer the dispute back
to the parties for such other appropriate action as the
fact-finder may recommend. If the parties do not reach
agreement after the issuance of the fact-finder's report and
recommendations, or, in cases where neither party requests
fact-finding, the Authority shall offer to submit the dispute
to arbitration by a board composed of 3 persons, one appointed
by the Authority, one appointed by the labor organization
representing the employees, and a third member to be agreed
upon by the labor organization and the Authority. The member
agreed upon by the labor organization and the Authority shall
act as Chair of the board. The determination of the majority of
the board of arbitration thus established shall be final and
binding on all matters in dispute. If, after a period of 10
days from the date of the appointment of the 2 arbitrators
representing the Authority and the labor organization, the
third arbitrator has not been selected, then either arbitrator
may request the American Arbitration Association to furnish
from a current listing of the membership of the National
Academy of Arbitrators the names of 7 such members of the
National Academy from which the third arbitrator shall be
selected. The arbitrators appointed by the Authority and the
labor organization, promptly after the receipt of such list,
shall determine by lot the order of elimination, and,

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thereafter, each shall in that order alternately eliminate one
name until only one name remains. The remaining person on the
list shall be the third arbitrator. Each party shall pay
one-half of the expenses of such arbitration.
As used in this subsection, "labor dispute" shall be
broadly construed and shall include any controversy concerning
wages, salaries, hours, working conditions, or benefits,
including health and welfare, sick leave, insurance, or
pension or retirement provisions, but not limited thereto.
"Labor dispute" includes any controversy concerning any
differences or questions that may arise between the parties,
including, but not limited to, the making or maintaining of
collective bargaining agreements, the terms to be included in
such agreements, and the interpretation or application of such
collective bargaining agreements and any grievance that may
arise.
Section 4.19. Workforce development.
(a) The Authority shall create or partner with a youth
jobs program to provide internship or employment opportunities
to youth and young adults to prepare them for careers in public
transportation.
(b) The Authority may participate in and provide funding
support for programs that prepare participants for careers in
public transportation.

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Section 4.20. Disadvantaged business enterprise
contracting and equal employment opportunity programs.
(a) The Authority shall establish and maintain a
disadvantaged business enterprise contracting program designed
to ensure nondiscrimination in the award and administration of
contracts not covered under a federally mandated disadvantaged
business enterprise program. The program shall establish
narrowly tailored goals for the participation of disadvantaged
business enterprises as the Authority determines appropriate.
The goals shall be based on demonstrable evidence of the
availability of ready, willing, and able disadvantaged
business enterprises relative to all businesses ready,
willing, and able to participate in the program's contracts.
The program shall require the Authority to monitor the
progress of the contractors' obligations with respect to the
program's goals. Nothing in this program shall conflict with
or interfere with the maintenance or operation of, or
compliance with, any federally mandated disadvantaged business
enterprise program.
(b) The Authority shall establish and maintain a program
designed to promote equal employment opportunity. Each year,
no later than October 1, the Authority shall report to the
General Assembly on the number of the Authority's respective
employees and the number of the Authority's respective
employees who have designated themselves as members of a
minority group and minority gender.

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(c) Each year, no later than October 1, and starting no
later than the first October 1 after the establishment of its
disadvantaged business enterprise contracting programs, the
Authority shall submit a report with respect to such program
to the General Assembly.
(d) Each year, no later than October 1, the Authority
shall submit a copy of its federally mandated semi-annual
Uniform Report of Disadvantaged Business Enterprises Awards or
Commitments and Payments to the General Assembly.
(e) The Authority shall use the Illinois Works Job Program
and other job training and job creation programs to the extent
allowed by law and operationally feasible.
Section 4.21. Research and development. The Authority
shall:
(1) study public transportation problems and
developments; encourage experimentation in developing new
public transportation technology, financing methods, and
management procedures;
(2) conduct, in cooperation with other public and
private agencies, studies, demonstrations, and development
projects to test and develop methods for improving public
transportation, for reducing its costs to users, or for
increasing public use; and
(3) conduct, sponsor, and participate in other studies
and experiments, which may include fare demonstration

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programs and transportation technology pilot programs, in
conjunction with public agencies, including the United
States Department of Transportation, the Illinois
Department of Transportation, the Illinois State Toll
Highway Authority, and the Chicago Metropolitan Agency for
Planning, useful to achieving the purposes of this Act.
Section 4.22. Protection of the environment.
(a) The Authority shall take all feasible and prudent
steps to minimize environmental disruption and pollution
arising from its activities and from public transportation
activities of transportation agencies acting pursuant to
purchase of service or grant agreements. In carrying out its
purposes and powers under this Act, the Authority shall seek
to reduce environmental disruption and pollution arising from
all forms of transportation of persons within the metropolitan
region. The Authority shall employ persons with skills and
responsibilities for determining how to minimize such
disruption and pollution.
(b) In recognition of the fact that the transportation
sector accounts for approximately a third of the greenhouse
gases generated in the State and that public transportation
moves people with fewer such emissions, the Authority shall
work cooperatively with the Department of Transportation, the
Illinois State Toll Highway Authority, the Chicago
Metropolitan Agency for Planning, and other units of

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government to assist them in using investments in public
transportation facilities and operations as a tool to help
them meet their greenhouse gas emissions reduction goals. To
the maximum extent allowed by law, the Authority is eligible
to receive funding and other assistance from local, state, and
federal sources so the Authority can assist in using improved
and expanded public transportation in the metropolitan region
to reduce greenhouse gas emissions and other pollution
generated by the transportation sector.
(c) Subject to all applicable laws, the Authority may
participate in market-based environmental remediation
programs, including, but not limited to, carbon emissions
markets, through which the Authority can realize revenue
reflecting the value of greenhouse gas emissions reductions it
delivers through public transportation services in the
metropolitan region.
Section 4.23. Bikeways and trails. The Authority may use
its funds, personnel, and other resources to acquire,
construct, operate, and maintain on-road and off-road
bikeways, bike lanes, and trails that connect people to public
transportation facilities and services. The Authority shall
cooperate with other governmental and private agencies in
bikeway and trail programs.
Section 4.24. Clean, green, or alternative fuel vehicles.

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Any vehicles purchased from funds made available to the
Authority from the Transportation Bond, Series B Fund, or the
Multi-modal Transportation Bond Fund must incorporate
technologies advancing energy commonly known as clean or green
energy and alternative fuel technologies, to the extent
practical.
Section 4.25. Zero-emission buses.
(a) As used in this Section:
"Zero-emission bus" means a bus that is:
(1) designed to carry more than 10 passengers and is
used to carry passengers for compensation;
(2) a zero-emission vehicle; and
(3) not a taxi.
"Zero-emission vehicle" means a fuel cell or electric
vehicle that:
(1) is a motor vehicle;
(2) is made by a commercial manufacturer;
(3) is manufactured primarily for use on public
streets, roads, and highways;
(4) has a maximum speed capability of at least 55
miles per hour;
(5) is powered entirely by electricity or powered by
combining hydrogen and oxygen, which runs the motor;
(6) has an operating range of at least one hundred
miles; and

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(7) produces only water vapor and heat as byproducts.
(b) On or after July 1, 2026, the Authority may not enter
into a new contract to purchase a bus that is not a
zero-emission bus for the purpose of the Authority's bus
fleet.
(c) For the purposes of determining compliance with this
Section, the Authority is not in violation of this Section
when failure to comply is due to:
(i) the unavailability of zero-emission buses from a
manufacturer or funding to purchase zero-emission buses;
(ii) the lack of necessary charging, fueling, or
storage facilities or funding to procure charging,
fueling, or storage facilities; or
(iii) the inability of a third party to enter into a
contractual or commercial relationship with the Authority
that is necessary to carry out the purposes of this
Section.
Section 4.26. City-Suburban Mobility Innovations Program.
(a) The Authority may establish a City-Suburban Mobility
Innovations Program and deposit moneys into a City-Suburban
Mobility Innovations Fund. Amounts on deposit in the Fund and
interest and other earnings on those amounts may be used by the
Authority with the approval of the Board and, after a
competitive application and scoring process that includes an
opportunity for public participation, for operating or capital

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grants or loans to transportation agencies or units of local
government for the following purposes:
(1) providing transit services, other than traditional
fixed-route services, that enhance local mobility,
including, but not limited to, demand-responsive transit
services, ridesharing, van pooling, micromobility and
mobility hubs, and first-mile and last-mile services;
(2) enhancing safe access to fixed-route transit
services for bicyclists and pedestrians through
improvements to sidewalk and path networks, bicycle lanes,
crosswalks, lighting, and other improvements;
(3) offering workforce development and training that
provides a pathway for careers in public transportation in
the metropolitan region; and
(4) testing new technologies, features, and
enhancements to the transit system to determine their
value and readiness for broader adoption.
(b) The Authority shall develop and publish scoring
criteria that it will use in making awards from the
City-Suburban Mobility Innovations Fund.
(c) Any grantee that receives funds under this Section
must (i) implement such programs within one year of receipt of
such funds and (ii) within 2 years following commencement of
any program using such funds, determine whether it is
desirable to continue the program, and upon such a
determination, either incorporate such program into its annual

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operating budget and capital program or discontinue such
program. No additional funds under this Section may be
distributed to a grantee for any individual program beyond 2
years unless the Board waives this limitation. Any such waiver
will be with regard to an individual program and with regard to
a one-year period, and any further waivers for such individual
program require a subsequent vote of the Board.
(d) The Authority may reallocate unused funds deposited
into the City-Suburban Mobility Innovations Fund to other
Authority purposes and programs.
Section 4.27. Transit-Supportive Development Incentive
Program.
(a) As used in this Section, "transit-supportive
development" means commercial or residential development that
is designed to expand the public transportation ridership base
or to effectively connect transit users to such developments.
"Transit-supportive development" includes, but is not limited
to, laws and policies that further these objectives, capital
improvements that foster communities with high per capita
transit ridership, and transit operation improvements that
support efforts to build communities with high per capita
transit ridership.
(b) The Authority may establish a Transit-Supportive
Development Incentive Program and authorize the deposit of
Authority moneys into a Transit-Supportive Development

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Incentive Fund. Amounts on deposit in the fund and interest
and other earnings on those amounts may be used by the
Authority, with the approval of its Directors and after a
competitive application and scoring process that includes an
opportunity for public participation, for operating or capital
grants or loans to Service Boards, transportation agencies, or
units of local government for the following purposes:
(1) investment in transit-supportive residential and
commercial development, including developments on or in
the vicinity of property owned by the Authority, an
Operating Division, or a transportation agency;
(2) grants to local governments to help cover the cost
of drafting and implementing land use, parking, and other
laws that are intended to encourage and will reasonably
have the effect of allowing or supporting
transit-supportive residential and commercial
development; and
(3) providing resources for increased public
transportation service in and around transit-supportive
residential and commercial developments, especially newly
created transit-supportive developments.
(c) The Authority shall develop and publish scoring
criteria that it will use in making awards from the
Transit-Supportive Development Incentive Fund. Such scoring
criteria shall prioritize high-density development in and in
the near vicinity of public transportation stations and routes

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and shall prioritize projects that (i) are likely to increase
per capita public transportation ridership, (ii) serve
disadvantaged and transit populations, and (iii) are located
in jurisdictions that have land use and other policies that
encourage the level of residential density and concentration
of businesses in walkable districts accessible by public
transportation required to support financially viable public
transportation service with substantial ridership.
(d) Any grantee that receives funds under this Section
must (i) implement such programs within one year of receipt of
such funds and (ii) within 2 years following commencement of
any program utilizing such funds, determine whether it has
resulted in increased use of public transit by those residing
in the area covered by the program or those accessing the area
from outside the area. No additional funds under this Section
may be distributed to a grantee for any individual program
beyond 2 years unless the Board of the Authority waives this
limitation. Any such waiver will be with regard to an
individual program and with regard to a one-year period, and
any further waivers for such individual program require a
subsequent vote of the Board.
(e) The Authority may reallocate unused funds deposited
into the Transit-Supportive Development Incentive Fund to
other Authority purposes and programs.
Section 4.28. Coordination with planning agencies. The

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Authority shall cooperate with the various public agencies
charged with the responsibility for long-range or
comprehensive planning for the metropolitan region. The
Authority shall use the forecasts and plans of the Chicago
Metropolitan Agency for Planning in developing the Strategic
Plan, Five-Year Capital Program, and Service Standards. The
Authority shall, prior to the adoption of a Strategic Plan or
Five-Year Capital Program, submit its proposals to such
agencies for review and comment. The Authority may make use of
existing studies, surveys, plans, data, and other materials in
the possession of a State agency or department, a planning
agency, or a unit of local government.
Section 4.29. Planning activities.
(a) The Authority may adopt subregional or corridor plans
for specific geographic areas of the metropolitan region in
order to improve the adequacy, efficiency, equity, and
coordination of existing, or the delivery of new, public
transportation. Such plans may also address areas outside the
metropolitan region that may impact public transportation use
in the metropolitan region.
(b) In preparing a subregional or corridor plan, the
Authority may examine travel markets, demographic shifts,
changes in passenger behavior, preferences, or attitudes, and
other pertinent factors to identify changes in operating
practices or capital investment in the subregion or corridor

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that could increase ridership, reduce costs, improve
coordination, or enhance transit-oriented development.
(c) The Authority shall have principal responsibility for
initiating any alternatives analysis and preliminary
environmental assessment required by federal or State law for
any new public transportation service or facility in the
metropolitan region in addition to conducting public and
stakeholder engagement activities to inform planning
decisions.
Section 4.30. Protection against crime; transit ambassador
program.
(a) The Authority shall cooperate with the various State,
municipal, county, and transportation agency police forces in
the metropolitan region for the protection of employees and
consumers of public transportation services and public
transportation facilities against crime.
(b) The Authority may provide by ordinance for an
Authority police force to aid, coordinate, and supplement
other police forces in protecting persons and property and
reducing the threats of crime with regard to public
transportation. Such police shall have the same powers with
regard to the protection of persons and property as those
exercised by police of municipalities and may include members
of other police forces in the metropolitan region.
(c) The Authority shall establish minimum standards for

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selection and training of members of a police force employed
by the Authority. Training shall be accomplished at schools
certified by the Illinois Law Enforcement Training Standards
Board established pursuant to the Illinois Police Training
Act. Such training is subject to the rules and standards
adopted pursuant to Section 7 of that Act. The Authority may
participate in any training program conducted under that Act.
(d) The Authority may provide for the coordination or
consolidation of security services and police forces
maintained with regard to public transportation services and
facilities by various transportation agencies and may contract
with any municipality or county in the metropolitan region to
provide protection of persons or property with regard to
public transportation. Employees of the Authority or of any
transportation agency affected by any action of the Authority
under this Section are covered under the protections set forth
in Section 4.15.
(e) The Authority shall implement a transit ambassador
program following industry best practices to improve safety
and customer service in the public transportation system.
(f) The Authority shall evaluate the efficacy of policing
and transit ambassador programs on a regular basis, no less
than every 5 years in conjunction with its adoption of its
Strategic Plan, and make appropriate adjustments to such
programs.
(g) The Authority may perform fare inspections and issue

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fare violation tickets using personnel other than law
enforcement, including transit ambassadors.
(h) Neither the Authority nor any of their Directors,
officers, or employees may be held liable for failure to
provide a security or police force or, if a security or police
force is provided, for failure to provide adequate police
protection or security, failure to prevent the commission of
crimes by fellow passengers or other third persons, or for the
failure to apprehend criminals.
Section 4.31. Traffic law enforcement.
(a) The Authority may cooperate with local governments and
law enforcement agencies in the metropolitan region on the
enforcement of laws designed to protect the quality and safety
of public transportation operations, such as laws prohibiting
unauthorized vehicles from blocking bus stops, bus lanes, or
other facilities dedicated for use by transit vehicles and
transit users.
(b) Local governments and law enforcement agencies in the
metropolitan region are authorized to accept photographic,
video, or other records derived from cameras and other sensors
on public transportation vehicles and facilities as prima
facie evidence of a violation of laws that protect the quality
and safety of public transportation operations.
(c) The Authority may establish by rule an enforcement
program that covers jurisdictions in the metropolitan region

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that lack laws that protect the quality and safety of public
transportation operations or that, in the Authority's sole
discretion, fail to adequately enforce such laws.
(d) An enforcement program established under this Section
shall contain the following elements:
(1) clear definitions of what constitutes a violation,
such as specifying the number of feet around bus stops
where unauthorized vehicles are prohibited from parking;
(2) publication on the Authority's website of
descriptions and locations of public transportation
facilities that are subject to the Authority's enforcement
program and other pertinent information about the
enforcement program;
(3) a description of the types of evidence, such as
bus camera photos or video, which are sufficient to make a
prima facie case that a vehicle or person has violated an
Authority enforcement rule;
(4) provision of adequate notice of an alleged
violation to the registered owner of the vehicle, such as
notice by first-class mail;
(5) an administrative adjudication process that gives
registered vehicle owners an opportunity to be heard by a
neutral party appointed by the Authority;
(6) a process through which vehicle lessors may
transfer responsibility for a violation to lessees of
their vehicles;

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(7) use of Internet tools, such as remote hearings and
allowance of online submission of documents contesting an
alleged violation, to provide alleged violators an
adequate opportunity to contest their alleged violation;
and
(8) violation fees that are no higher than the highest
administrative fees imposed for similar violations by
other public agencies in the metropolitan region.
(e) The Authority shall:
(1) cooperate with local governments and law
enforcement agencies to help improve their enforcement of
their laws that are designed to improve the quality and
safety of public transportation operations; and
(2) inform and consult with local governments and law
enforcement agencies in jurisdictions in which the
Authority is establishing and operating an enforcement
program under subsections (c) and (d).
(f) In its enforcement programs, if any, under subsection
(c) and through its cooperation with local governments and law
enforcement agencies on their enforcement programs, the
Authority shall strive for as much standardization as feasible
throughout the metropolitan region in enforcement programs
designed to improve the quality and safety of public
transportation operations.
Section 4.32. Suspension of riding privileges and

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confiscation of fare media.
(a) As used in this Section, "demographic information"
includes, but is not limited to, age, race, ethnicity, gender,
and housing status, as that term is defined under Section 10 of
the Bill of Rights for the Homeless Act.
(b) Suspension of riding privileges and confiscation of
fare media are limited to:
(1) violations where the person's conduct places
public transportation employees or passengers in
reasonable apprehension of a threat to their safety or the
safety of others, including assault and battery, as those
terms are used in Sections 12-1 and 12-3 of the Criminal
Code of 2012;
(2) violations where the person's conduct places
public transportation employees or passengers in
reasonable apprehension of a threat of a criminal sexual
assault, as that term is used under Section 11-1.20 of the
Criminal Code of 2012; and
(3) violations involving an act of public indecency,
as that term is used in Section 11-30 of the Criminal Code
of 2012.
(c) Written notice shall be provided to an individual
regarding the suspension of the individual's riding privileges
or confiscation of fare media. The notice shall be provided in
person at the time of the alleged violation, except that, if
providing notice in person at the time of the alleged

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violation is not practicable, then the Authority shall make a
reasonable effort to provide notice to the individual by
personal service, by mailing a copy of the notice by certified
mail, return receipt requested, by first-class mail to the
person's current address, or by emailing a copy of the notice
to an email address on file, if available. If the person is
known to be detained in jail, service shall be made as provided
under Section 2-203.2 of the Code of Civil Procedure. The
written notice shall be sufficient to inform the individual
about the following:
(1) the nature of the suspension of riding privileges
or confiscation of fare media;
(2) the person's rights and available remedies to
contest or appeal the suspension of riding privileges or
confiscation of fare media and to apply for reinstatement
of riding privileges; and
(3) the procedures for adjudicating whether a
suspension or confiscation is warranted and for applying
for reinstatement of riding privileges, including the time
and location of any hearing.
(d) The process to determine whether a suspension or
riding privileges or confiscation of fare media is warranted
and the length of the suspension shall be concluded within 30
business days after the individual receives notice of the
suspension or confiscation.
(e) Notwithstanding any other provision of this Section, a

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person may not be denied the ability to contest or appeal a
suspension of riding privileges or confiscation of fare media
or to attend an in-person or virtual hearing to determine
whether a suspension or confiscation was warranted because the
person was detained in a jail.
(f) The Authority shall create an administrative
suspension hearing process as follows:
(1) the Authority shall designate an official to
oversee the administrative process to decide whether a
suspension is warranted and the length of the suspension;
(2) the accused and related parties, including legal
counsel, may attend this hearing in person, by telephone,
or virtually;
(3) the Authority shall present the suspension-related
evidence and outline the evidence that supports the need
for the suspension;
(4) the accused or the accused's legal counsel may
present and make an oral or written presentation and offer
documents, including affidavits, in response to the
Authority's evidence;
(5) the Authority's designated official shall make a
finding on the suspension;
(6) the value of unexpended credit or unexpired passes
shall be reimbursed upon suspension of riding privileges
or confiscation of fare media;
(7) the alleged victims of the violation and related

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parties, including witnesses who were present, may attend
this hearing in person, by telephone, or virtually; and
(8) the alleged victims of the violation and related
parties, including witnesses who were present, may present
and make an oral or written presentation and offer
documents, including affidavits, in response to the
Authority's evidence.
(g) The Authority shall create a process to appeal and
reinstate ridership privileges. This information shall be
provided to the suspended rider at the time of the Authority's
findings. A suspended rider is entitled to an appeal after the
Authority's finding to suspend the person's ridership. A
suspended rider may petition the Authority to reinstate the
person's ridership privileges one calendar year after the
Authority's suspension finding if the length of the suspension
is more than one year.
(h) The Authority shall collect, report, and make publicly
available quarterly the number and demographic information of
people subject to suspension of riding privileges or
confiscation of fare media; the conduct leading to the
suspension or confiscation; and the location and description
of the location where the conduct occurred, such as
identifying the transit station or transit line, the date, and
the time of day of the conduct, a citation to the statutory
authority for which the accused person was arrested or
charged, the amount, if any, on the fare media, and the length

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of the suspension.
Section 4.33. Domestic Violence and Sexual Assault
Transportation Assistance Program.
(a) The Authority shall continue the Domestic Violence and
Sexual Assault Regional Transit Authority Public
Transportation Assistance Program established by the Regional
Transportation Authority Act (repealed) to serve residents of
the metropolitan region. Through this Program, the Authority
shall issue monetarily preloaded mass transit cards to The
Network: Advocating Against Domestic Violence for survivor and
victim use of public transportation in the metropolitan
region.
(b) The Authority shall coordinate with The Network:
Advocating Against Domestic Violence to issue no less than
25,000 monetarily preloaded mass transit cards with a value of
$20 per card for distribution to domestic violence and sexual
assault service providers throughout the Authority's
jurisdiction.
(c) The mass transit card shall be plastic or laminated
and wallet-sized, contain no information that would reference
domestic violence or sexual assault services, and have no
expiration date. The cards shall also be available
electronically and shall be distributed to domestic violence
and sexual assault direct service providers to distribute to
survivors.

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(d) The creation of the Program shall include an
appointment of a domestic violence or sexual assault program
service provider or a representative of the service provider's
choosing to the Authority's Citizen Advisory Board.
(e) The Network: Advocating Against Domestic Violence
shall provide an annual report of the program, including a
list of service providers receiving the mass transit cards,
the total number of cards received by each service provider,
and an estimated number of survivors and victims of domestic
violence and sexual assault participating in the program. The
report shall also include survivor testimonies of the program
and shall include recommendations on improving implementation
of the Program. The first report shall be provided to the
Authority one calendar year after the creation of the Program.
(f) In partnership with The Network: Advocating Against
Domestic Violence, the Authority shall report this information
to the Board and the Citizen Advisory Board and compile an
annual report of the Program to the General Assembly and to
domestic violence and sexual assault service providers in the
service providers' jurisdiction and include recommendations
for improving implementation of the Program.
Section 4.34. Safety.
(a) The Authority shall establish, enforce, and facilitate
achievement and maintenance of standards of safety with
respect to public transportation provided by the Authority or

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by transportation agencies pursuant to purchase of service or
grant agreements.
(b) In recognition of the fact that travel by public
transportation is significantly safer than travel by other
means of surface transportation, the Authority shall work
cooperatively with the Department of Transportation, the
Illinois State Toll Highway Authority, the Chicago
Metropolitan Agency for Planning, and other units of
government to assist them in using investments in public
transportation facilities and operations as a tool to help the
Department and units of local government meet their roadway
crash, fatality, and serious injury reduction goals. To the
maximum extent allowed by law, the Authority is eligible to
receive funding and other assistance from local, state, and
federal sources so the Authority can assist in using improved
and expanded public transportation in the metropolitan region
to improve safety in the surface transportation sector.
(c) The security portion of the system safety program,
investigation reports, surveys, schedules, lists, or data
compiled, collected, or prepared by or for the Authority under
this subsection is exempt from disclosure under the Freedom of
Information Act, shall not be subject to discovery or admitted
into evidence in federal or State court, or shall not be
considered for other purposes in any civil action for damages
arising from any matter mentioned or addressed in such
reports, surveys, schedules, lists, data, or information.

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(d) Neither the Authority nor its directors, officers, or
employees may not be held liable in any civil action for any
injury to any person or property for any acts or omissions or
failure to act under this Section or pursuant to 49 CFR Part
659.
(e) Nothing in this Section alleviates an individual's
duty to comply with the State Officials and Employees Ethics
Act.
Section 4.35. Competition. It is the policy of this State
that all powers granted, either expressly or by necessary
implication, by this Act or any other Illinois statute to the
Authority may be exercised by the Authority notwithstanding
effects on competition. It is the intention of the General
Assembly that the state action exemption to the application of
federal antitrust statutes be fully available to the Authority
to the extent its activities are authorized by law as stated
herein.
Section 4.36. Prompt payment. Purchases made pursuant to
this Act shall be made in compliance with the Local Government
Prompt Payment Act.
Article V. ACCOUNTABILITY
Section 5.01. Director selection process. The following

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requirements apply to the appointing authorities for Directors
of the Board and members of the Citizens Advisory Board:
(1) Those responsible for appointing Directors shall
strive to assemble a set of Board members that, to the
greatest extent possible, reflects the ethnic, cultural,
economic, and geographic diversity of the metropolitan
region.
(2) The Authority shall implement the following
process to provide public input into the Director
selection process and bring qualified Board member
candidates to the attention of the appointing authorities:
(A) At least 90 days before the expiration of the
term of a Director, or upon notice of the resignation,
death, or removal of a Director, the Authority shall
issue and publicize a request for applications and
nominations to fill that Director position. The
request shall provide at least 30 days for submission
of applications and nominations.
(B) As soon as practical after the closure of the
period for applications and nominations, the Authority
shall publicly post the names and a summary of the
background and qualifications of at least 2
individuals that the appointing authority believes are
qualified to fill the Director position. Such
individuals may but need not be from among those
people who applied for or were nominated to fill the

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Director position pursuant to subparagraph (A). The
posting shall give the public instructions for how
they may comment on those individuals identified by
the appointing authority and give them at least 21
days to submit such comments.
(C) After considering comments submitted under
subparagraph (B), the appointing authority may proceed
with the appointment process as long as the appointing
authority appoints as a Director a person who was
first identified under subparagraph (B), or the
appointing authority may cause the Authority, pursuant
to subparagraph (B), to post a new set of individuals
who are qualified to fill the Director position and
follow the process required by subparagraphs (B) and
(C) until the new Director is appointed and qualified.
(D) The Authority shall commence the process set
forth in this paragraph (2) sufficiently in advance of
the date of the anticipated vacancy on the Board to
minimize the duration of such vacancy.
Section 5.02. System usage requirements.
(a) Each calendar quarter, the Authority shall collect and
publish the number of trips taken by each Director by public
transportation in the metropolitan region.
(b) The Board may adopt rules governing system usage by
Directors consistent with the intention of this Act that the

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Directors overseeing the public transportation system of the
metropolitan region should have substantial ridership
experience on that system.
(c) The Board may adopt public transportation system usage
requirements for the executives and staff of the Authority
that are no less demanding than public transportation system
ridership requirements applicable to Directors. System
ridership requirements may be included in performance-based
compensation systems established under Section 5.04.
(d) The Authority may incorporate public transportation
system usage requirements into its agreements with
transportation agencies and goods and services providers.
(e) The Authority shall put in place reasonable mechanisms
to ensure against efforts to evade public transportation
system ridership requirements imposed under this Section.
Section 5.03. Director attendance requirement.
(a) The Board shall adopt rules regarding the required
frequency of Director attendance at Board meetings.
(b) The failure of a Director to meet the Director
attendance requirement shall constitute sufficient grounds for
removal of that Director from the Board under subsection (a)
of Section 2.08.
Section 5.04. Employment agreements; performance-based
compensation.

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(a) By no later than one year after the effective date of
this Act, after consideration of best practices for executive
compensation, the Authority shall enter into written
employment agreements with at least the 5 most senior staff
executives or officers of the Authority.
(b) The Authority may implement a performance-based
compensation system. A performance-based compensation system
established under this subsection must tie a significant
portion of senior executive compensation to the achievement or
nonachievement of performance standards that relate to the
quality of public transit services delivered to the public.
(c) Each senior executive participating in a
performance-based compensation system must enter into an
employment agreement with the Authority that describes the
performance-based compensation system and contains the other
terms and conditions of employment.
(d) If it implements a performance-based compensation
system, the Board shall annually review and approve
performance incentive compensation adjustments, positive or
negative, for senior executives of the Authority under the
performance-based compensation system.
(e) Subject to any applicable collective bargaining
agreement, the Authority may extend the performance-based
compensation system to include more staff positions at the
Authority.
(f) The Authority may incorporate performance-based

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compensation system requirements into its agreements with
transportation agencies and goods and services providers.
Section 5.05. Revolving door prohibition. A Director,
Citizen Advisory Board member, former Director, or former
Citizen Advisory Board member shall, during the Director's or
member's, or former Director's or former member's, term, and
for a period of one year immediately after the end of the
Director's or member's, or former Director's or former
member's, term, engage in business dealings with, knowingly
accept employment from, or receive compensation or fees for
services from the Authority. This prohibition does not apply
to any business dealings engaged in by the Director or member
in the course of the Director's or member's official duties or
responsibilities as a Director or member.
Section 5.06. Public plans. The Authority shall implement
its responsibilities in 5 public documents adopted by its
Directors: a Strategic Plan; a Five-Year Capital Program; an
Annual Capital Improvement Plan; an Annual Budget and Two-Year
Financial Plan; and Service Standards.
Section 5.07. Strategic Plan.
(a) The Authority shall adopt a Strategic Plan, no less
than every 5 years, after holding a minimum of one public
hearing in each of the counties in the metropolitan region.

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(b) To the maximum extent feasible, the Authority shall
adopt its Strategic Plan on a similar schedule as the regional
comprehensive plan adopted by the Chicago Metropolitan Agency
for Planning.
(c) In developing the Strategic Plan, the Authority shall
rely on such demographic and other data, forecasts, and
assumptions developed by the Chicago Metropolitan Agency for
Planning with respect to the patterns of population density
and growth, projected commercial and residential development,
and environmental factors within the metropolitan region and
in areas outside the metropolitan region that may impact
public transportation use in the metropolitan region.
(d) The Authority shall also consult with the Department
of Transportation's Office of Planning and Programming, the
Illinois State Toll Highway Authority, and municipal and
county departments of transportation when developing the
Strategic Plan.
(e) Before adopting or amending a Strategic Plan, the
Authority shall consult with the Chicago Metropolitan Agency
for Planning regarding the consistency of the Strategic Plan
with the Regional Comprehensive Plan adopted pursuant to the
Regional Planning Act.
(f) The Authority may use staff of the Chicago
Metropolitan Agency for Planning for planning-related purposes
on terms and conditions acceptable to the Authority and the
Chicago Metropolitan Agency for Planning.

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(g) The Strategic Plan shall describe the specific actions
to be taken by the Authority to provide adequate, efficient,
equitable, and coordinated public transportation.
(h) The Strategic Plan shall identify goals and objectives
with respect to:
(1) increasing ridership and passenger miles on public
transportation funded by the Authority;
(2) coordination of public transportation services and
the investment in public transportation facilities to
enhance the integration of public transportation
throughout the metropolitan region;
(3) coordination of fare and transfer policies to
promote transfers by riders among public transportation
modes;
(4) improvements in public transportation facilities
to bring those facilities into a state of good repair,
enhancements that attract ridership and improve customer
service, and expansions needed to serve areas with
sufficient demand for public transportation;
(5) access for transit-dependent populations,
including access by low-income communities to places of
employment, using analyses provided by the Chicago
Metropolitan Agency for Planning regarding employment and
transportation availability and considering the location
of employment centers in each county and the availability
of public transportation at off-peak hours and on

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weekends;
(6) the financial viability of the public
transportation system, including both operating and
capital programs;
(7) improving roadway operations within the
metropolitan region and enhancing transit options to
improve mobility;
(8) land use policies, practices, and incentives that
will make more effective use of public transportation
services and facilities as community assets and encourage
the siting of businesses, homes, and public facilities
near public transportation services and facilities to
provide convenient and affordable travel for residents,
customers, and employees in the metropolitan region;
(9) policies, practices, and incentives that will
better integrate public transportation with other active
modes of transportation; and
(10) other goals and objectives that advance the
policy of the State to provide adequate, efficient,
equitable and coordinated public transportation in the
metropolitan region.
(i) The Strategic Plan shall establish the process and
criteria by which proposals for capital improvements by the
Authority or a transportation agency shall be evaluated by the
Authority for inclusion in the Five-Year Capital Program,
which shall be in accordance with the prioritization process

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set forth in Section 5.08, and may include criteria for:
(1) allocating funds among maintenance, enhancement,
and expansion improvements;
(2) projects to be funded from the City-Suburban
Mobility Innovations Fund;
(3) projects intended to improve or enhance ridership
or customer service;
(4) design and location of station or transit
improvements intended to promote transfers, increase
ridership, and support transit-oriented land development;
(5) assessing the impact of projects on the ability to
operate and maintain the existing transit system; and
(6) other criteria that advance the goals and
objectives of the Strategic Plan.
(j) The Strategic Plan shall identify innovations to
improve the delivery of public transportation and the
construction of public transportation facilities, including
new vehicle technologies, operational practices, financial
arrangements, and other innovations that may benefit the
metropolitan region.
(k) The Strategic Plan shall extend on the plans adopted
pursuant to Sections 5.09, 5.10, 5.11, and 5.12 and describe
the expected financial condition of public transportation in
the metropolitan region prospectively over a 10-year period,
which may include information about the cash position and all
known obligations of the Authority, including operating

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expenditures, debt service, contributions for payment of
pension and other post-employment benefits, the expected
revenues from fares, tax receipts, grants from the federal,
State, and local governments for operating and capital
purposes and issuance of debt, the availability of working
capital, and the additional resources, if any, needed to
achieve the goals and objectives described in the Strategic
Plan. The Strategic Plan shall outline the Authority's plan
for dealing with any projected shortfall in financial
resources necessary to keep public transportation facilities
in a state of good repair and to deliver public transportation
services that meet Service Standards adopted pursuant to
Section 5.11.
(l) The Executive Director of the Authority shall review
the Strategic Plan on an ongoing basis and make
recommendations to the Board with respect to any update or
amendment of the Strategic Plan.
Section 5.08. Prioritization process for transit capital
projects.
(a) The Authority shall develop a transparent
prioritization process for metropolitan region transit capital
projects to identify projects that will most effectively
achieve the goals of the Strategic Plan and improve the
quality of public transportation services contemplated by the
Service Standards.

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(b) The Authority shall use the prioritization process
when developing its Five-Year Capital Program pursuant to
Section 5.09 and for its other capital planning processes.
(c) The prioritization process must consider, at a
minimum:
(1) increasing access to key destinations such as
jobs, retail, healthcare, and recreation;
(2) reliability improvement;
(3) capacity needs;
(4) safety:
(5) state of good repair;
(6) racial equity and mobility justice;
(7) environmental protection;
(8) the Service Standards; and
(9) economic development.
(d) All capital funding awards shall be made by the
Authority in accordance with the prioritization process. An
appropriate public input process shall be established. The
Authority shall make a report to the General Assembly each
year describing the prioritization process and its use in
funding awards.
(e) A summary of the project evaluation process, measures,
program, and scores or prioritization criteria for all
candidate projects shall be published on the Authority's
website in a timely manner.
(f) No project shall be included in the Five-Year Capital

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Program, or amendments to that Program, without being
evaluated under the selection process described in this
Section.
Section 5.09. Five-Year Capital Program.
(a) The Authority, after holding a minimum of one public
hearing in each of the counties in the metropolitan region,
shall each year adopt a Five-Year Capital Program that shall
include each capital improvement to be undertaken by the
Authority or on behalf of the Authority by a transportation
agency.
(b) The Authority shall prepare and publish its
preliminary Five-Year Capital Program by October 15 of each
year based on any criteria for capital improvements contained
in the Strategic Plan, the capital project prioritization
process established in Section 5.08, the Service Standards,
the transit asset management plans required by 49 CFR 625.25,
and other criteria determined by the Authority so long as the
improvements are not inconsistent with any subregional or
corridor plan adopted by the Authority and can be funded
within amounts available with respect to the capital and
operating costs of such improvement.
(c) The Authority shall give priority to improvements that
are intended to bring public transportation facilities into a
state of good repair.
(d) Before adopting a Five-Year Capital Program, the

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Authority shall consult with the Chicago Metropolitan Agency
for Planning regarding the consistency of the Five-Year
Capital Program with the Regional Comprehensive Plan adopted
pursuant to the Regional Planning Act.
(e) The Authority shall adopt a final Five-Year Capital
Program prior to the beginning of the next fiscal year.
Section 5.10. Annual Capital Improvement Plan.
(a) Each year, the Authority shall prepare as part of its
Five-Year Capital Program an Annual Capital Improvement Plan,
which shall include the following information:
(1) a list of projects for which approval is sought
from the Governor, with a description of each project
stating at a minimum the project cost, its category, its
location, and the entity responsible for its
implementation;
(2) a certification by the Authority that the
Authority applied for all grants, loans, and other moneys
made available by the federal government or the State of
Illinois during the preceding federal and State fiscal
years for financing its capital development activities;
(3) a certification that, as of September 30 of the
preceding calendar year or any later date, the balance of
all federal capital grant funds and all other funds to be
used as matching funds therefore which were committed to
or possessed by the Authority but which had not been

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obligated was less than $500,000,000, or a greater amount
as authorized in writing by the Governor. As used in this
paragraph, "obligated" means committed to be paid by the
Authority under a contract with a nongovernmental entity
in connection with the performance of a project or
committed under a force account plan approved by the
federal government;
(4) a certification that the Authority has adopted a
balanced budget with respect to such calendar year under
Section 5.12;
(5) a schedule of all bonds or notes previously issued
for Strategic Capital Improvement Projects and all debt
service payments to be made with respect to all such bonds
and the estimated additional debt service payments through
June 30 of the following calendar year expected to result
from bonds to be sold prior thereto;
(6) a long-range summary of the Strategic Capital
Improvement Program describing the projects to be funded
through the Program with respect to project cost,
category, location, and implementing entity, and
presenting a financial plan, including an estimated time
schedule for obligating funds for the performance of
approved projects, issuing bonds, expending bond proceeds,
and paying debt service throughout the duration of the
Program; and
(7) the source of funding for each project in the

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Plan. For any project for which full funding has not yet
been secured and that is not subject to a federal full
funding contract, the Authority must identify alternative,
dedicated funding sources available to complete the
project. The Governor may waive this requirement on a
project-by-project basis.
(b) The Authority shall submit the Plan, with respect to
any calendar year, to the Governor on or before January 15 of
that year or as soon as possible thereafter. Any revision in
the projects approved shall require the Governor's approval.
(c) The Authority shall seek approval from the Governor
only through the Plan or an amendment to the Plan. The
Authority shall not request approval of the Plan from the
Governor in any calendar year in which it is unable to make the
certifications required under paragraphs (2), (3), and (4) of
subsection (a). The Authority may not seek approval of the
Plan from the Governor for projects in an aggregate amount
exceeding the proceeds of bonds or notes for Strategic Capital
Improvement Projects issued under Section 6.05.
(d) The Governor may approve the Plan for which approval
is requested. The Governor's approval is limited to the amount
of the project cost stated in the Plan. The Governor shall not
approve the Plan in a calendar year if the Authority is unable
to make the certifications required under paragraphs (2), (3),
and (4) of subsection (a). The Governor may not approve the
Plan for projects in an aggregate amount exceeding the

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proceeds of bonds or notes for Strategic Capital Improvement
Projects issued under Section 6.05.
(e) With respect to capital improvements, only those
capital improvements which are in a Plan approved by the
Governor shall be financed with the proceeds of bonds or notes
issued for Strategic Capital Improvement Projects.
(f) Before the Authority obligates any funds for a project
for which the Authority intends to use the proceeds of bonds or
notes for Strategic Capital Improvement Projects, but which
project is not included in an approved Plan, the Authority
must notify the Governor of the intended obligation. Project
costs incurred prior to approval of the Plan, including that
project, may not be paid from the proceeds of bonds or notes
for Strategic Capital Improvement Projects issued under
Section 6.05.
Section 5.11. Service Standards.
(a) The Authority shall adopt Service Standards in
conjunction with its Strategic Plan and Five-Year Capital
Program.
(b) The Service Standards shall identify quantitative and
qualitative attributes of quality public transit service using
metrics drawn from the performance of high-quality transit
systems in global metropolitan areas with comparable
populations and metropolitan economies as the metropolitan
region.

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(c) The Service Standards shall include a framework that
describes the appropriate characteristics for each type of
service or mode. These characteristics include, but are not
limited to, mode, frequency, time span, vehicle type, stop
spacing, vehicle and stop amenities, network connectivity,
route directness, route deviation, and coverage of service.
(d) The Service Standards shall include the transition of
commuter rail in the metropolitan region to a regional rail
service pattern or the retention of commuter rail with
additional regional rail service.
(e) The Service Standards shall cover the entire
metropolitan region and include the development of transit
propensity thresholds for each type of service or mode.
Transit propensity metrics shall include, but are not limited
to, population density, employment density, low-income
populations, disabled populations, zero-car households,
intersection density, and the presence of sidewalks. Weights
should be developed for each metric and a scoring system
developed to determine transit propensity. The production of a
transit propensity assessment shall be conducted for any
proposed new or modified services and constrained to a service
or route estimated catchment area. Final determination of the
eligibility of each type of service or mode for an area is
subject to qualitative review by the Authority once the
propensity assessment is completed, reviewed, and evaluated.
(f) A local government or group of local governments may

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

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governments in identifying corridors where additional service
could be provided through the mechanism described in this
subsection.
(g) The Service Standards shall be adjusted as appropriate
to accommodate the addition of modes of public transportation
not currently being provided by the Authority, which may
include, but is not limited to: streetcar; light rail;
full-scale bus rapid transit; a transition from commuter rail
to regional rail or a combination of commuter and regional
rail; and electrified versions of current combustion engine
vehicle systems.
(h) The Service Standards shall be used to update or
otherwise inform the provision of the Authority's Title VI and
environmental justice policies.
(i) The Board shall review and make any necessary
adjustments to the Service Standards at least once every 5
years in conjunction with its adoption of the Authority's
Strategic Plan.
(j) The Authority shall compile and publish reports
comparing the actual public transportation system performance
measured against the Service Standards. Such performance
measures shall include customer-related performance data
measured by line, route, or subregion, as determined by the
Authority, on at least the following:
(1) travel times and on-time performance;
(2) ridership data;

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(3) equipment failure rates;
(4) employee and customer safety;
(5) crowding;
(6) cleanliness of vehicles and stations;
(7) service productivity; and
(8) customer satisfaction.
(k) Transportation agencies that receive funding from the
Authority shall prepare and submit to the Authority such
reports with regard to these performance measures in the
frequency and form required by the Authority. The Authority
shall compile and publish such reports on its website on a
regular basis, no less than monthly.
(l) The Service Standards and performance measures shall
not be used as the basis for disciplinary action against any
employee of the Authority, except to the extent the employment
and disciplinary practices of the Authority provide for such
action.
Section 5.12. Annual Budget and Two-Year Financial Plan.
(a) The Board shall control the finances of the Authority.
It shall (i) appropriate money to perform the Authority's
purposes and provide for payment of debts and expenses of the
Authority and (ii) adopt an Annual Budget and Two-Year
Financial Plan for the Authority.
(b) The Annual Budget and Two-Year Financial Plan shall
contain a statement of the funds estimated to be on hand for

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the Authority at the beginning of the fiscal year, the funds
estimated to be received from all sources for such year, the
estimated expenses and obligations of the Authority for all
purposes, including expenses for contributions to be made with
respect to pension and other employee benefits, and the funds
estimated to be on hand at the end of such year.
(c) The fiscal year of the Authority shall begin on
January 1 and end on the succeeding December 31. By July 1 of
each year, the Director of the Governor's Office of Management
and Budget shall submit to the Authority an estimate of
revenues for the next fiscal year of the Authority to be
collected from the taxes imposed by the Authority and the
amounts to be available in the Public Transportation Fund and
the Metropolitan Mobility Authority Occupation and Use Tax
Replacement Fund and the amounts otherwise to be appropriated
by the State to the Authority for its purposes.
(d) Before the proposed Annual Budget and Two-Year
Financial Plan is adopted, the Authority shall hold at least
one public hearing on the Annual Budget and Two-Year Financial
Plan in the metropolitan region and shall meet with the county
board or its designee of each of the several counties in the
metropolitan region. After conducting the hearings and holding
the meetings and after making changes in the proposed Annual
Budget and Two-Year Financial Plan as the Board deems
appropriate, the Board shall adopt its annual appropriation
and Annual Budget and Two-Year Financial Plan ordinance. The

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ordinance shall appropriate such sums of money as are deemed
necessary to defray all necessary expenses and obligations of
the Authority, specifying purposes and the objects or programs
for which appropriations are made and the amount appropriated
for each object or program. Additional appropriations,
transfers between items, and other changes in such ordinance
may be made from time to time by the Board.
(e) The Annual Budget and Two-Year Financial Plan shall
show a balance between anticipated revenues from all sources
and anticipated expenses, including funding of operating
deficits or the discharge of encumbrances incurred in prior
periods and payment of principal and interest when due, and
shall show cash balances sufficient to pay with reasonable
promptness all obligations and expenses as incurred.
(f) The Authority shall file a copy of its Annual Budget
and Two-Year Financial Plan with the General Assembly and the
Governor after its adoption and a statement certifying that it
published the data described in subsection (g).
(g) The Authority shall publish a monthly comprehensive
set of data regarding transit service and safety. The data
included shall include information to track operations,
including:
(1) staffing levels, including numbers of budgeted
positions, current positions employed, hired staff,
attrition, staff in training, and absenteeism rates;
(2) scheduled service and delivered service, including

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percentage of scheduled service delivered by day, service
by mode of transportation, service by route and rail line,
total number of revenue miles driven, excess wait times by
day, by mode of transportation, by bus route, and by stop;
and
(3) safety on the system, including the number of
incidents of crime and code of conduct violations on the
system, any performance measures used to evaluate the
effectiveness of investments in private security, safety
equipment, and other security investments in the system.
If no performance measures exist to evaluate the
effectiveness of these safety investments, the Authority
shall develop and publish these performance measures.
(h) The Authority shall regularly solicit input and ideas
on publishing data on the service reliability, operations, and
safety of the system from the public and groups representing
transit riders, workers, and businesses and make appropriate
adjustments and additions to the data reported pursuant to
subsection (g).
(i) All transportation agencies, comprehensive planning
agencies, including the Chicago Metropolitan Agency for
Planning and transportation planning agencies in the
metropolitan region, shall furnish to the Authority such
information pertaining to public transportation or relevant
plans therefore as it may from time to time require. The
Executive Director, or the Executive Director's designee,

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shall, for the purpose of securing any such information
necessary or appropriate to carry out any of the powers and
responsibilities of the Authority under this Act, have access
to, and the right to examine, all books, documents, papers, or
records of any transportation agency receiving funds from the
Authority, and such transportation agency shall comply with
any request by the Executive Director, or the Executive
Director's designee, within 30 days or an extended time
provided by the Executive Director.
Section 5.13. Authority Inspector General.
(a) The Authority and the transportation agencies are
subject to the jurisdiction of the Governor's Executive
Inspector General.
(b) The Authority may appoint an independent Authority
Inspector General to serve as the ethics officer for the
Authority and to investigate on its own authority or on the
basis of a complaint or referral possible waste, fraud, or
abuse involving the Authority or a transportation agency. The
Authority Inspector General may conduct performance reviews
and audits designed to prevent waste, fraud, or abuse and to
improve the operation of the Authority and transportation
agencies.
(c) The Board shall provide sufficient staff and resources
so the Authority Inspector General can fulfill its functions
and responsibilities.

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(d) All employees, agents, and contractors of the
Authority and the transportation agencies shall cooperate with
reviews, audits, and investigations conducted by the Authority
Inspector General.
(e) The Authority Inspector General may be appointed for a
term of up to 5 years or until a successor is appointed and has
qualified. The Board may remove the Authority Inspector
General before the expiration of the Inspector General's term
only for good cause and with the concurrence of the Governor's
Executive Inspector General.
(f) The appointment of an Authority Inspector General
shall not in any way limit the powers of the Governor's
Executive Inspector General.
Section 5.14. Executive Inspector General.
(a) Moneys may be appropriated from the Public
Transportation Fund to the Governor's Office of the Executive
Inspector General for the costs incurred by the Executive
Inspector General while serving as the inspector general for
the Authority.
(b) The Governor's Office of the Executive Inspector
General shall annually report to the General Assembly the
expenses incurred while serving as the inspector general for
the Authority.
(c) All employees, agents, and contractors of the
Authority and the transportation agencies shall cooperate with

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reviews, audits, and investigations conducted by the
Governor's Executive Inspector General.
Section 5.15. Performance audits.
(a) The Auditor General shall conduct performance audits
of the Authority and transportation agencies at least once
every 5 years. The performance audits shall:
(1) focus on the quality and cost-effectiveness of the
public transportation system, including comparative
assessments against the performance of transit systems in
comparable metropolitan regions around the world;
(2) include recommendations for improvements informed
by applicable industry best practices and any legislation
or other steps that governmental bodies could take to
facilitate such improvements; and
(3) assess the efficacy of the public transportation
system in providing affordable transportation, connecting
residents to jobs, education, and other opportunities, and
improving the environment.
(b) The Authority may suggest areas of emphasis for the
Auditor General to consider and the Auditor General may, in
its discretion, structure the audit and recommendations to
help achieve the goal of a well-functioning and efficient
regional public transportation system.
(c) The Auditor General and the Authority shall coordinate
the timing of performance audits such that the findings will

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be available to the Authority at the time when it begins
preparation of its Strategic Plan and Five-Year Capital
Program. The Authority shall reimburse the Auditor General for
the costs incurred in conducting the performance audits.
Section 5.16. Audits of transportation agencies. The
Authority may conduct management, performance, financial, and
infrastructure condition audits of transportation agencies
that receive funds from the Authority. Transportation agencies
shall cooperate fully with audits conducted pursuant to this
Section and act on the findings and recommendations contained
in such audits as directed by the Authority. Copies of audits
shall be supplied to the Governor and the General Assembly and
made available for review by the public subject to any
redactions as required or permitted by applicable law.
Section 5.17. Transparency and accountability portal.
(a) As used in this Section:
"CHI-TAP" means the Greater Chicago Mass Transit
Transparency and Accountability Portal.
"Contracts" means payment obligations with vendors on file
to purchase goods and services exceeding $10,000 in value.
"Recipients" means the Authority or transportation
agencies.
(b) The Authority shall maintain a website, known as the
Greater Chicago Mass Transit Transparency and Accountability

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Portal, and shall be tasked with compiling and updating the
CHI-TAP database with information received by the Authority.
(c) The CHI-TAP shall provide direct access to each of the
following:
(1) A database of all employees of the Authority
sorted separately by:
(A) name;
(B) division or department;
(C) employment position title;
(D) county of employment location;
(E) current base salary or hourly rate and
year-to-date gross pay;
(F) status of position including, but not limited
to, bargained-for positions, at-will positions, or not
bargained-for positions;
(G) employment status, including, but not limited
to, full-time permanent, full-time temporary,
part-time permanent and part-time temporary; and
(H) status as a military veteran.
(2) A database of all current Authority expenditures,
sorted by category.
(3) A database of all Authority contracts sorted
separately by contractor name, awarding officer or agency,
contract value, and goods or services provided.
(4) A database of publicly available accident-related
and safety-related information currently required to be

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reported to the federal Secretary of Transportation under
49 U.S.C. 5335.
(d) The CHI-TAP shall include all information required to
be published by subsection (c) in a format the Authority can
compile and publish on the CHI-TAP. The Authority shall update
the CHI-TAP at least once every 30 days as additional
information becomes available.
Section 5.18. Financial statements and annual reports.
(a) Within 6 months after the end of each fiscal year, the
Board shall prepare a complete and detailed report of the
audit of the Authority and reviewing the state of the
Authority and of the public transportation provided by
transportation agencies.
(b) The report shall include evaluations of public
transportation in the metropolitan region and of the
Authority's activities and financial statements of the
Authority's revenues and expenditures for such year and of its
assets and liabilities. The financial statements must be
audited by an independent certified public accountant.
(c) The report shall also set forth the financial results
as reported by each transportation agency that, during such
year, had a purchase of service or grant agreement with the
Authority or that received financial assistance from the
Authority. The results shall be set forth separately for each
such transportation agency.

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(d) The report shall be published on the Authority's
website. A sufficient number of copies of each annual report
shall be printed for distribution to anyone, upon request, and
a copy of the report shall be filed with the Governor, the
State Comptroller, the Speaker and Minority Leader of the
House of Representatives, the President and Minority Leader of
the Senate, the Mayor of the City of Chicago, the President or
Chair of the county board of each county in the metropolitan
region, and each transportation agency which, during such
year, had a purchase of service agreement with the Authority
or which received financial grants or other financial
assistance from the Authority.
Section 5.19. Opt out.
(a) Notwithstanding any other provision of this Act, if
the county board of the County of DuPage, Kane, Lake, McHenry,
or Will by ordinance authorizes that such county shall elect
to terminate the powers of the Authority in that county, the
secretary of that county board shall certify that proposition
to the proper election officials, who shall submit such
proposition at an election in accordance with the general
election law to decide whether that county shall opt out.
(b) The form of the ballot to be used at the referendum
shall be substantially as follows:
---------------------------
Shall ..... County terminate

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the powers of the Metropolitan YES
Mobility Authority ---------------------------------
in .... County NO
on ..... (date)
-------------------------------------------------------------
(c) If a majority of the voters vote in favor of
terminating the powers of the Authority, then all of the
powers of the Authority shall terminate in that county on the
date stated in the referendum, except those powers and
functions that the Authority determines to be necessary to
exercise with regard to:
(1) public transportation by commuter rail, and
related public transportation facilities;
(2) public transportation other than by commuter rail
that is required in order to comply with federal or State
laws and regulations, and related public transportation
facilities; and
(3) public transportation other than by commuter rail
provided by the Authority pursuant to contract with the
county or other governmental entity within the county, and
related public transportation facilities.
(d) The termination of the powers of the Authority
referred to in subsection (a) with respect to a county shall
occur on approval of the referendum by the electors provided
on or prior to the date of such termination specified in the
referendum, and, thereafter, the county shall have:

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(1) assumed the obligations of the Authority under all
laws, federal or State, and all contracts with respect to
public transportation or public transportation facilities
in the county, which statutory or contractual obligations
extend beyond the termination date in the referendum if
the obligations shall not be deemed to include any
indebtedness of the Authority for borrowed money;
(2) agreed to indemnify and hold harmless the
Authority against any and all claims, actions, and
liabilities arising out of or in connection with the
termination of the Authority's powers and functions
pursuant to subsection (a); and
(3) taken or caused to be taken all necessary actions
and fulfilled or caused to be fulfilled all requirements
under federal and State laws, rules, and regulations with
respect to such termination and any related transfers of
assets or liabilities of the Authority. A county may, by
mutual agreement with the Authority, permit the Authority
to fulfill one or more contracts that, by their terms,
extend beyond the termination date provided for in the
referendum, in which case the powers and functions of the
Authority in that county shall survive only to the extent
deemed necessary by the Authority to fulfill said contract
or contracts. The satisfaction of the requirements
provided for in this paragraph shall be evidenced in such
manner as the Authority may require.

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(e) Following an election to terminate the powers of the
Authority at a referendum held under subsection (a), the
county board shall notify the Authority of the results of the
referendum, including the termination date in the referendum,
which shall be the last day of a calendar month. Unless the
termination date is extended by mutual agreement between the
county and the Authority, the termination of the powers and
functions of the Authority in the county shall occur at
midnight on the termination date if the requirements of this
Section have been met.
(f) The proceeds of taxes imposed by the Authority under
Sections 6.02 and 6.03 collected after the termination date
within a county in which the powers of the Authority have been
terminated under this Section shall be used by the Authority
to support commuter rail services attributable to that county,
as determined by the Authority. Any proceeds which are in
excess of that necessary to support such services shall be
paid by the Authority to that county to be expended for public
transportation purposes in accordance with law. If no commuter
rail services under the jurisdiction of the Authority are
provided in a county in which the powers of the Authority have
been terminated under this Section, all proceeds of taxes
imposed by the Authority in the county shall be paid by the
Authority to the county to be expended for public
transportation purposes in accordance with law.

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Article VI. FINANCES
Section 6.01. Federal, State, and other funds.
(a) The Authority may apply for, receive, and expend
grants, loans, or other funds from the State of Illinois or a
department or agency thereof, from any unit of local
government, or from the federal government or a department or
agency thereof for use in connection with any of the powers or
purposes of the Authority as set forth in this Act. The
Authority shall have power to make such studies as may be
necessary and to enter into contracts or agreements with the
State of Illinois or any department or agency thereof, with
any unit of local government, or with the federal government
or a department or agency thereof concerning such grants,
loans, or other funds, or any conditions relating thereto,
including obligations to repay such funds. The Authority may
make such covenants concerning such grants, loans, and funds
as it deems proper and necessary in carrying out its
responsibilities, purposes, and powers as provided in this
Act.
(b) The Authority is designated the primary public body in
the metropolitan region with authority to apply for and
receive grants, loans, or other funds relating to public
transportation programs from the State of Illinois or a
department or agency thereof, or from the federal government
or a department or agency thereof. A unit of local government

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or transportation agency may apply for and receive any such
federal or state capital grants, loans or other funds. A unit
of local government or transportation agency shall notify the
Authority and the Chicago Metropolitan Agency for Planning
prior to making any such application and shall file a copy of
the application with the Authority and Agency. Nothing in this
Section shall be construed to impose any limitation on the
ability of the State of Illinois or a department or agency
thereof, a unit of local government or transportation agency
to make a grant or to enter into an agreement or contract with
the National Rail Passenger Corporation. Nor shall anything in
this Section impose any limitation on the ability of any
school district to apply for or receive a grant, loan, or other
funds for transportation of school children.
Section 6.02. Taxes.
(a) In order to carry out any of the powers or purposes of
the Authority, the Board may, by ordinance adopted by the then
Directors, impose throughout the metropolitan region any or
all of the taxes provided in this Section. Except as otherwise
provided in this Act, taxes imposed under this Section and
civil penalties imposed incident thereto shall be collected
and enforced by the Department of Revenue. The Department may
administer and enforce the taxes and to determine all rights
for refunds for erroneous payments of the taxes.
(b) The Board may impose a public transportation tax upon

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

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exemptions to the tax for administration and enforcement
thereof and for civil penalties and refunds thereunder, and
may provide criminal penalties thereunder, the maximum
penalties not to exceed the maximum criminal penalties
provided in the Retailers' Occupation Tax Act. The Authority
may collect and enforce the tax itself or by contract with any
unit of local government. The Department of Revenue shall have
no responsibility for the collection and enforcement unless
the Department agrees with the Authority to undertake the
collection and enforcement. As used in this subsection,
"parking facility" means a parking area or structure having
parking spaces for more than 2 vehicles at which motor
vehicles are permitted to park in return for an hourly, daily,
or other periodic fee, whether publicly or privately owned,
but does not include parking spaces on a public street, the use
of which is regulated by parking meters.
(e) The Board may impose a Metropolitan Mobility Authority
Retailers' Occupation Tax upon all persons engaged in the
business of selling tangible personal property at retail in
the metropolitan region. In Cook County, the tax rate shall be
1.25% of the gross receipts from sales of tangible personal
property taxed at the 1% rate under the Retailers' Occupation
Tax Act and 1% of the gross receipts from other taxable sales
made in the course of that business. In DuPage, Kane, Lake,
McHenry, and Will counties, the tax rate shall be 0.75% of the
gross receipts from all taxable sales made in the course of

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that business. However, the rate of tax imposed in DuPage,
Kane, Lake, McHenry, and Will counties under this Section on
sales of aviation fuel shall be 0.25% unless the Authority in
DuPage, Kane, Lake, McHenry, and Will counties has an
airport-related purpose and the additional 0.50% of the 0.75%
tax on aviation fuel is expended for airport-related purposes.
If there is no airport-related purpose to which aviation fuel
tax revenue is dedicated, then aviation fuel is excluded from
the additional 0.50% of the 0.75% tax. The tax imposed under
this Section and all civil penalties that may be assessed as an
incident thereof shall be collected and enforced by the
Department of Revenue. The Department has full power to
administer and enforce this Section; to collect all taxes and
penalties so collected in the manner provided in this Section;
and to determine all rights to credit memoranda arising on
account of the erroneous payment of tax or penalty under this
Section. In the administration of and compliance with this
Section, the Department and persons who are subject to this
Section shall have the same rights, remedies, privileges,
immunities, powers, and duties, and be subject to the same
conditions, restrictions, limitations, penalties, exclusions,
exemptions, and definitions of terms, and employ the same
modes of procedure, as are prescribed in Sections 1, 1a, 1a-1,
1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all
provisions therein other than the State rate of tax), 2c, 3
(except as to the disposition of taxes and penalties

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collected, and except that the retailer's discount is not
allowed for taxes paid on aviation fuel that are subject to the
revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l,
6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act, as fully as if those provisions were
set forth in this Section.
(f) The Board and DuPage, Kane, Lake, McHenry, and Will
counties must comply with the certification requirements for
airport-related purposes under Section 2-22 of the Retailers'
Occupation Tax Act. This exclusion for aviation fuel only
applies for so long as the revenue use requirements of 49
U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
Authority.
(g) Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
seller's tax liability hereunder by separately stating the tax
as an additional charge, which charge may be stated in
combination in a single amount with State taxes that sellers
are required to collect under the Use Tax Act, under any
bracket schedules the Department may prescribe.
(h) Whenever the Department determines that a refund
should be made under this Section to a claimant instead of
issuing a credit memorandum, the Department shall notify the
State Comptroller, who shall cause the warrant to be drawn for

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the amount specified, and to the person named, in the
notification from the Department. The State Treasurer shall
pay the refund out of the Metropolitan Mobility Authority
Occupation and Use Tax Replacement Fund or the Local
Government Aviation Trust Fund, as appropriate.
(i) If a tax is imposed under subsection (e), a tax shall
also be imposed under subsections (m) and (r).
(j) For the purpose of determining whether a tax
authorized under this Section is applicable, a retail sale by
a producer of coal or other mineral mined in Illinois is a sale
at retail at the place where the coal or other mineral mined in
Illinois is extracted from the earth. This subsection does not
apply to coal or other minerals when it is delivered or shipped
by the seller to the purchaser at a point outside Illinois so
that the sale is exempt under the United States Constitution
as a sale in interstate or foreign commerce.
(k) A tax may not be imposed or collected under this
Section on the sale of a motor vehicle in this State to a
resident of another state if that motor vehicle will not be
titled in this State.
(l) Nothing in this Section shall be construed to
authorize the Authority to impose a tax upon the privilege of
engaging in any business that under the United States
Constitution may not be made the subject of taxation by this
State.
(m) If a tax has been imposed under subsection (e), a

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Metropolitan Mobility Authority Service Occupation Tax shall
also be imposed upon all persons engaged in the metropolitan
region in the business of making sales of service who, as an
incident to making the sales of service, transfer tangible
personal property within the metropolitan region, either in
the form of tangible personal property or in the form of real
estate as an incident to a sale of service. In Cook County, the
tax rate shall be: (1) 1.25% of the serviceman's cost price of
food prepared for immediate consumption and transferred
incident to a sale of service subject to the service
occupation tax by an entity licensed under the Hospital
Licensing Act, the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD Community
Care Act, or the MC/DD Act that is located in the metropolitan
region; (2) 1.25% of the selling price of tangible personal
property taxed at the 1% rate under the Service Occupation Tax
Act; and (3) 1% of the selling price from other taxable sales
of tangible personal property transferred. In DuPage, Kane,
Lake, McHenry, and Will counties, the rate shall be 0.75% of
the selling price of all tangible personal property
transferred. However, the rate of tax imposed in DuPage, Kane,
Lake, McHenry, and Will counties under this Section on sales
of aviation fuel shall be 0.25% unless the Authority in
DuPage, Kane, Lake, McHenry, and Will counties has an
airport-related purpose and the additional 0.50% of the 0.75%
tax on aviation fuel is expended for airport-related purposes.

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If there is no airport-related purpose to which aviation fuel
tax revenue is dedicated, then aviation fuel is excluded from
the additional 0.5% of the 0.75% tax.
(n) The tax imposed under subsection (e) and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the Department of Revenue. The
Department has full power to administer and enforce this
subsection; to collect all taxes and penalties due hereunder;
to dispose of taxes and penalties collected in the manner
hereinafter provided; and to determine all rights to credit
memoranda arising on account of the erroneous payment of tax
or penalty hereunder. In the administration of and compliance
with this subsection, the Department and persons who are
subject to this subsection shall have the same rights,
remedies, privileges, immunities, powers, and duties, and be
subject to the same conditions, restrictions, limitations,
penalties, exclusions, exemptions, and definitions of terms,
and employ the same modes of procedure, as are prescribed in
Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
provisions therein other than the State rate of tax), 4
(except that the reference to the State shall be to the
Authority), 5, 7, 8 (except that the jurisdiction to which the
tax shall be a debt to the extent indicated in that Section 8
shall be the Authority), 9 (except as to the disposition of
taxes and penalties collected, and except that the returned
merchandise credit for this tax may not be taken against any

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State tax, and except that the retailer's discount is not
allowed for taxes paid on aviation fuel that are subject to the
revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
47133), 10, 11, 12 (except the reference therein to Section 2b
of the Retailers' Occupation Tax Act), 13 (except that any
reference to the State means the Authority), the first
paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service
Occupation Tax Act and Section 3-7 of the Uniform Penalty and
Interest Act, as fully as if those provisions were set forth in
this Section.
(o) Persons subject to any tax imposed under this Section
may reimburse themselves for their serviceman's tax liability
hereunder by separately stating the tax as an additional
charge, that charge may be stated in combination in a single
amount with State tax that servicemen are authorized to
collect under the Service Use Tax Act, under any bracket
schedules the Department may prescribe.
(p) Whenever the Department determines that a refund
should be made under this subsection to a claimant instead of
issuing a credit memorandum, the Department shall notify the
State Comptroller, who shall cause the warrant to be drawn for
the amount specified, and to the person named in the
notification from the Department. The State Treasurer shall
pay the refund out of the Metropolitan Mobility Authority
Occupation and Use Tax Replacement Fund established under
subsection (cc) or the Local Government Aviation Trust Fund,

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as appropriate.
(q) Nothing in this Section shall be construed to
authorize the Authority to impose a tax upon the privilege of
engaging in any business that under the Constitution of the
United States may not be made the subject of taxation by the
State.
(r) If a tax has been imposed under subsection (e), a tax
shall also be imposed upon the privilege of using in the
metropolitan region, any item of tangible personal property
that is purchased outside the metropolitan region at retail
from a retailer, and that is titled or registered with an
agency of this State's government. In Cook County, the tax
rate shall be 1% of the selling price of the tangible personal
property, as "selling price" is defined in the Use Tax Act. In
DuPage, Kane, Lake, McHenry, and Will counties, the tax rate
shall be 0.75% of the selling price of the tangible personal
property, as "selling price" is defined in the Use Tax Act. The
tax shall be collected from persons whose Illinois address for
titling or registration purposes is given as being in the
metropolitan region. The tax shall be collected by the
Department of Revenue for the Authority. The tax must be paid
to the State, or an exemption determination must be obtained
from the Department of Revenue before the title or certificate
of registration for the property may be issued. The tax or
proof of exemption may be transmitted to the Department by way
of the State agency with which, or the State officer with whom,

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

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(t) The Authority may impose a replacement vehicle tax of
$50 on any passenger car, as defined in Section 1-157 of the
Illinois Vehicle Code, purchased within the metropolitan
region by or on behalf of an insurance company to replace a
passenger car of an insured person in settlement of a total
loss claim. The tax imposed may not become effective before
the first day of the month following the passage of the
ordinance imposing the tax and receipt of a certified copy of
the ordinance by the Department of Revenue. The Department of
Revenue shall collect the tax for the Authority in accordance
with Sections 3-2002 and 3-2003 of the Illinois Vehicle Code.
(u) The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes collected under
this Section.
(v) As soon as possible after the first day of each month,
upon certification of the Department of Revenue, the
Comptroller shall order transferred, and the Treasurer shall
transfer, to the STAR Bonds Revenue Fund the local sales tax
increment, as defined in the Innovation Development and
Economy Act, collected under this Section during the second
preceding calendar month for sales within a STAR bond
district.
(w) After the monthly transfer to the STAR Bonds Revenue
Fund, on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the Authority. The

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amount to be paid to the Authority shall be the amount
collected under this Section during the second preceding
calendar month by the Department, less any amount determined
by the Department to be necessary for the payment of refunds,
and less any amounts that are transferred to the STAR Bonds
Revenue Fund. Within 10 days after receipt by the Comptroller
of the disbursement certification to the Authority provided
for in this Section to be given to the Comptroller by the
Department, the Comptroller shall cause the orders to be drawn
for that amount in accordance with the directions contained in
the certification.
(x) The Board may not impose any other taxes except as it
may from time to time be authorized by law to impose.
(y) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under subsection (b), (e), (bb),
or (r) and no additional registration shall be required under
the tax. A certificate issued under the Use Tax Act or the
Service Use Tax Act shall be applicable with regard to any tax
imposed under subsection (c).
(z) The provisions of any tax imposed under subsection (c)
shall conform as closely as may be practicable to the
provisions of the Use Tax Act, including, without limitation,
conformity as to penalties with respect to the tax imposed and

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as to the powers of the Department of Revenue to adopt and
enforce rules and regulations relating to the administration
and enforcement of the provisions of the tax imposed. The
taxes shall be imposed only on use within the metropolitan
region and at rates as provided in subsection (b).
(aa) The Board, in imposing any tax as provided in
subsections (b) and (c), shall, after seeking the advice of
the Department of Revenue, provide means for retailers, users,
or purchasers of motor fuel for purposes other than those with
regard to which the taxes may be imposed as provided in those
subsections to receive refunds of taxes improperly paid, which
provisions may be at variance with the refund provisions as
applicable under the Non-Home Rule Municipal Retailers'
Occupation Tax Act. The State Department of Revenue may
provide for certificates of registration for users or
purchasers of motor fuel for purposes other than those with
regard to which taxes may be imposed as provided in
subsections (b) and (c) to facilitate the reporting and
nontaxability of the exempt sales or uses.
(bb) An ordinance or resolution imposing, increasing,
decreasing, or discontinuing the tax under this Section shall
be adopted and a certified copy of the ordinance filed with the
Department, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of the
first month to occur not less than 60 days following such
adoption and filing.

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(cc) Except as otherwise provided in this subsection, the
Department of Revenue shall, upon collecting any taxes as
provided in this Section, pay the taxes to the State Treasurer
as trustee for the Authority. The taxes shall be held in the
Metropolitan Mobility Authority Occupation and Use Tax
Replacement Fund, a trust fund outside the State treasury. If
an airport-related purpose has been certified, taxes and
penalties collected in DuPage, Kane, Lake, McHenry, and Will
counties on aviation fuel sold from the 0.50% of the 0.75% rate
shall be immediately paid over by the Department to the State
Treasurer, ex officio, as trustee, for deposit into the Local
Government Aviation Trust Fund. The Department shall only pay
moneys into the Local Government Aviation Trust Fund under
this Act for so long as the revenue use requirements of 49
U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
Authority. On or before the 25th day of each calendar month,
the State Department of Revenue shall prepare and certify to
the Comptroller of the State of Illinois and to the Authority
(i) the amount of taxes collected in each county other than
Cook County in the metropolitan region, (not including, if an
airport-related purpose has been certified, the taxes and
penalties collected from the 0.50% of the 0.75% rate on
aviation fuel that are deposited into the Local Government
Aviation Trust Fund) (ii) the amount of taxes collected within
the City of Chicago, and (iii) the amount collected in that
portion of Cook County outside Chicago, each amount less the

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amount necessary for the payment of refunds to taxpayers
located in those areas described in items (i), (ii), and
(iii), and less 1.5% of the remainder, which shall be
transferred from the trust fund into the Tax Compliance and
Administration Fund. The Department, at the time of each
monthly disbursement to the Authority, shall prepare and
certify to the State Comptroller the amount to be transferred
into the Tax Compliance and Administration Fund under this
subsection. Within 10 days after receipt by the Comptroller of
the certification of the amounts, the Comptroller shall cause
an order to be drawn for the transfer of the amount certified
into the Tax Compliance and Administration Fund and the
payment of two-thirds of the amounts certified in item (i) of
this subsection to the Authority and one-third of the amounts
certified in item (i) of this subsection to the respective
counties other than Cook County and the amount certified in
items (ii) and (iii) of this subsection to the Authority.
(dd) In addition to the disbursement required by
subsection (cc), an allocation shall be made in each year to
the Authority. The allocation shall be made in an amount equal
to the average monthly distribution during the preceding
calendar year (excluding the 2 months of lowest receipts) and
the allocation shall include the amount of average monthly
distribution from the Metropolitan Mobility Authority
Occupation and Use Tax Replacement Fund. The distribution made
in each year under this subsection and in subsection (cc)

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shall be reduced by the amount allocated and disbursed under
this subsection in the preceding calendar year. The Department
of Revenue shall prepare and certify to the Comptroller for
disbursement the allocations made in accordance with this
subsection.
(ee) The Authority's failure to adopt a budget ordinance
or adopt a Five-year Capital Program shall not affect the
validity of any tax imposed by the Authority otherwise in
conformity with law.
(ff) A public transportation tax or motor vehicle parking
tax authorized under subsections (b), (c), and (d) may not be
in effect at the same time as any retailers' occupation, use,
or service occupation tax authorized under subsections (e),
(m), and (r) is in effect.
(gg) Any taxes imposed under the authority provided in
subsections (b), (c), and (d) shall remain in effect only
until the time as any tax authorized by subsections (e), (m),
and (r) are imposed and becomes effective. Once any tax
authorized by subsections (e), (m), and (r) is imposed the
Board may not reimpose taxes as authorized in subsections (b),
(c), and (d) unless any tax authorized by subsections (e),
(m), and (r) becomes ineffective by means other than an
ordinance of the Board.
(hh) Any existing rights, remedies, and obligations,
including enforcement by the Authority, arising under any tax
imposed under subsections (b), (c), and (d) shall not be

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affected by the imposition of a tax under subsections (e),
(m), and (r).
(ii) As used in this Section:
"Airport-related purposes" has the meaning given to that
term in Section 6z-20.2 of the State Finance Act.
"Motor fuel" has the meaning given to that term in Section
1.1 of the Motor Fuel Tax Law.
Section 6.03. Gross receipts tax-automobile rental.
(a) The Board may impose a tax upon all persons engaged in
the business of renting automobiles in the metropolitan region
at the rate of not to exceed 1% of the gross receipts from such
business within Cook County and not to exceed 0.25% of the
gross receipts from such business within the counties of
DuPage, Kane, Lake, McHenry, and Will. The tax imposed
pursuant to this subsection and all civil penalties that may
be assessed as an incident thereof shall be collected and
enforced by the Department of Revenue. The certificate of
registration which is issued by the Department to a retailer
under the Retailers' Occupation Tax Act or under the
Automobile Renting Occupation and Use Tax Act shall permit
such person to engage in a business which is taxable under any
ordinance or resolution enacted pursuant to this subsection
without registering separately with the Department under such
ordinance or resolution or under this subsection. The
Department has full power to administer and enforce this

SB3936 - 136 - LRB103 40367 AWJ 72644 b
subsection; to collect all taxes and penalties due under this
subsection; to dispose of taxes and penalties so collected in
the manner provided in this subsection, and to determine all
rights to credit memoranda, arising on account of the
erroneous payment of tax or penalty under this subsection. In
the administration of, and compliance with, this subsection,
the Department and persons who are subject to this subsection
have the same rights, remedies, privileges, immunities,
powers, and duties, and are subject to the same conditions,
restrictions, limitations, penalties, and definitions of
terms, and employ the same modes of procedure, as are
prescribed in Sections 2 and 3 (in respect to all provisions
therein other than the State rate of tax; and with relation to
the provisions of the Retailers' Occupation Tax referred to
therein, except as to the disposition of taxes and penalties
collected, and except for the provision allowing retailers a
deduction from the tax cover certain costs, and except that
credit memoranda issued hereunder may not be used to discharge
any State tax liability) of the Automobile Renting Occupation
and Use Tax Act as fully as if provisions contained in those
Sections of said Act were set forth in this subsection.
Persons subject to any tax imposed pursuant to the authority
granted in this paragraph may reimburse themselves for their
tax liability under this subsection by separately stating such
tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax which sellers

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are required to collect under the Automobile Renting
Occupation and Use Tax Act pursuant to such bracket schedules
as the Department may prescribe. Nothing in this subsection
shall be construed to authorize the Authority to impose a tax
upon the privilege of engaging in any business which under the
United States Constitution may not be made the subject of
taxation by this State.
(b) The Board may impose a tax upon the privilege of using,
in the metropolitan region, an automobile which is rented from
a renter outside Illinois, and that is titled or registered
with an agency of this State's government, at a rate not to
exceed 1% of the rental price of such automobile within Cook
County, and not to exceed 0.25% of the rental price within the
counties of DuPage, Kane, Lake, McHenry, and Will. Such tax
shall be collected from persons whose Illinois address for
titling or registration purposes is given as being in the
metropolitan region. Such tax shall be collected by the
Department of Revenue for the Authority. Such tax must be paid
to the State, or an exemption determination must be obtained
from the Department of Revenue before the title or certificate
of registration for the property may be issued. The tax or
proof of exemption may be transmitted to the Department by way
of the State agency with which, or State officer with whom the
tangible personal property must be titled or registered if the
Department and such agency or State officer determine that
this procedure will expedite the processing of applications

SB3936 - 138 - LRB103 40367 AWJ 72644 b
for title or registration. The Department has full power to
administer and enforce this subsection; to collect all taxes,
penalties and interest due under this subsection; to dispose
of taxes, penalties, and interest so collected in the manner
provided in this subsection, and to determine all rights to
credit memoranda or refunds arising on account of the
erroneous payment of tax, penalty, or interest under this
subsection. In the administration of, and compliance with,
this subsection, the Department and persons who are subject to
this paragraph have the same rights, remedies, privileges,
immunities, powers, and duties, and are subject to the same
conditions, restrictions, limitations, penalties, and
definitions of terms, and employ the same modes of procedure,
as are prescribed in Sections 2 and 4 (except provisions
pertaining to the State rate of tax; and with relation to the
provisions of the Use Tax Act referred to therein, except
provisions concerning collection or refunding of the tax by
retailers, and except the provisions of Section 19 pertaining
to claims by retailers and except the last paragraph
concerning refunds, and except that credit memoranda issued
hereunder may not be used to discharge any State tax
liability) of the Automobile Renting Occupation and Use Tax
Act which are not inconsistent with this subsection, as fully
as if provisions contained in those Sections of said Act were
set forth in this subsection.
(c) Whenever the Department determines that a refund

SB3936 - 139 - LRB103 40367 AWJ 72644 b
should be made under this Section to a claimant instead of
issuing a credit memorandum, the Department shall notify the
State Comptroller, who shall cause the order to be drawn for
the amount specified, and to the person named, in such
notification from the Department. Such refund shall be paid by
the State Treasurer out of the Metropolitan Mobility Authority
Occupation and Use Tax Replacement Fund created under Section
6.02.
(d) The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes, penalties and
interest collected under this Section. On or before the 25th
day of each calendar month, the Department shall prepare and
certify to the State Comptroller the amount to be paid to the
Authority. The State Department of Revenue shall also certify
to the Authority the amount of taxes collected in each county
other than Cook County in the metropolitan region less the
amount necessary for the payment of refunds to taxpayers in
such county. With regard to Cook County, the certification
shall specify the amount of taxes collected within the City of
Chicago less the amount necessary for the payment of refunds
to taxpayers in the City of Chicago and the amount collected in
that portion of Cook County outside the City of Chicago less
the amount necessary for the payment of refunds to taxpayers
in that portion of Cook County outside the City of Chicago. The
amount to be paid to the Authority shall be the amount, not
including credit memoranda, collected under this Section

SB3936 - 140 - LRB103 40367 AWJ 72644 b
during the second preceding calendar month by the Department,
and not including an amount equal to the amount of refunds made
during the second preceding calendar month by the Department
on behalf of the Authority. Within 10 days after receipt by the
State Comptroller of the disbursement certification to the
Authority, the State Comptroller shall cause the orders to be
drawn in accordance with the directions contained in such
certification.
(e) An ordinance imposing a tax under this Section or
effecting a change in the rate of the tax shall be effective on
the first day of the calendar month next following the month in
which such ordinance is passed. The Board shall transmit to
the Department of Revenue on or not later than 5 days after
passage of the ordinance a certified copy of the ordinance
imposing such tax whereupon the Department of Revenue shall
proceed to administer and enforce this Section on behalf of
the Authority as of the effective date of the ordinance. Upon a
change in rate of a tax levied hereunder, or upon the
discontinuance of the tax, the Board shall, on or not later
than 5 days after passage of the ordinance discontinuing the
tax or effecting a change in rate, transmit to the Department
of Revenue a certified copy of the ordinance effecting such
change or discontinuance.
Section 6.04. Distribution of revenues.
(a) This Section applies only after the Department begins

SB3936 - 141 - LRB103 40367 AWJ 72644 b
administering and enforcing an increased tax under subsection
(bb) of Section 6.02 as authorized by this Act. After
providing for payment of its obligations with respect to bonds
and notes issued under the provisions of Section 6.05 and
obligations related to those bonds and notes and separately
accounting for the tax on aviation fuel deposited into the
Local Government Aviation Trust Fund, the Authority shall
disburse the remaining proceeds from taxes it has received
from the Department of Revenue under this Article VI and the
remaining proceeds it has received from the State under
subsection (a) of Section 6.08 among the Authority programs.
(b) The Authority shall allocate among the Authority
programs money received by the Authority on account of
transfers to the Metropolitan Mobility Authority Occupation
and Use Tax Replacement Fund from the State and Local Sales Tax
Reform Fund.
(c) The Authority shall allocate money received from the
State under subsection (a) of Section 6.08 among the Authority
programs.
(d) The Authority shall allocate funds provided by the
State of Illinois under subsection (cc) of Section 6.02 among
the Authority programs.
(e) With respect to those taxes collected in DuPage, Kane,
Lake, McHenry, and Will counties and paid directly to the
counties under Section 6.02, the county board of each county
shall use those amounts to fund operating and capital costs of

SB3936 - 142 - LRB103 40367 AWJ 72644 b
public safety and public transportation services or facilities
or to fund operating, capital, right-of-way, construction, and
maintenance costs of other transportation purposes, including
road, bridge, public safety, and transit purposes intended to
improve mobility or reduce congestion in the county. The
receipt of funding by such counties pursuant to this
subsection may not be used as the basis for reducing any funds
that such counties would otherwise have received from the
State of Illinois, any agency or instrumentality thereof, the
Authority, or the Operating Divisions.
Section 6.05. Issuance and pledge of bonds and notes.
(a) The Authority may borrow money and to issue its
negotiable bonds or notes as provided in this Section. Unless
otherwise indicated in this Section, the term "notes" also
includes bond anticipation notes, which are notes which by
their terms provide for their payment from the proceeds of
bonds thereafter to be issued.
(b) Bonds or notes of the Authority may be issued for any
or all of the following purposes:
(1) to pay costs to the Authority of constructing or
acquiring any public transportation facilities, including
funds and rights relating thereto;
(2) to repay advances to the Authority made for such
purposes; and to pay other expenses of the Authority
incident to or incurred in connection with such

SB3936 - 143 - LRB103 40367 AWJ 72644 b
construction or acquisition;
(3) to provide funds for any transportation agency to
pay principal of or interest or redemption premium on any
bonds or notes, whether as such amounts become due or by
earlier redemption, issued prior to the effective date of
this Act by such transportation agency to construct or
acquire public transportation facilities or to provide
funds to purchase such bonds or notes;
(4) to provide funds for any transportation agency to
construct or acquire any public transportation facilities,
to repay advances made for such purposes, and to pay other
expenses incident to or incurred in connection with such
construction or acquisition; and
(5) to provide funds for payment of obligations,
including the funding of reserves, under any
self-insurance plan or joint self-insurance pool or
entity.
(c) In addition to any other borrowing as may be
authorized by this Section, the Authority may issue its notes,
from time to time, in anticipation of tax receipts of the
Authority or of other revenues or receipts of the Authority,
in order to provide money for the Authority to cover any cash
flow deficit which the Authority anticipates incurring. Any
such notes are referred to in this Section as "working cash
notes".
(d) Working cash notes may not be issued for a term of

SB3936 - 144 - LRB103 40367 AWJ 72644 b
longer than 24 months.
(e) Proceeds of working cash notes may be used to pay
day-to-day operating expenses of the Authority, consisting of
wages, salaries, and fringe benefits, professional and
technical services, including legal, audit, engineering, and
other consulting services, office rental, furniture, fixtures
and equipment, insurance premiums, claims for self-insured
amounts under insurance policies, public utility obligations
for telephone, light, heat, and similar items, travel
expenses, office supplies, postage, dues, subscriptions,
public hearings and information expenses, fuel purchases, and
payments of grants and payments under purchase of service
agreements for operations of transportation agencies, prior to
the receipt by the Authority from time to time of funds for
paying such expenses.
(f) The Authority may issue notes or bonds to pay, refund,
or redeem any of its notes and bonds, including to pay
redemption premiums or accrued interest on such bonds or notes
being renewed, paid or refunded, and other costs in connection
therewith.
(g) The Authority may use the proceeds of any bonds or
notes issued under this Section to pay the legal, financial,
administrative, and other expenses of such authorization,
issuance, sale, or delivery of bonds or notes or to provide or
increase a debt service reserve fund with respect to any or all
of its bonds or notes.

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(h) The Authority may issue and deliver its bonds or notes
in exchange for any public transportation facilities,
including funds and rights relating thereto, or in exchange
for outstanding bonds or notes of the Authority, including any
accrued interest or redemption premium thereon, without
advertising or submitting such notes or bonds for public
bidding.
(i) The ordinance providing for the issuance of any bonds
or notes issued under this Section shall fix the date or dates
of maturity, the dates on which interest is payable, any
sinking fund account or reserve fund account provisions, and
all other details of such bonds or notes and may provide for
such covenants or agreements necessary or desirable with
regard to the issue, sale and security of such bonds or notes.
The rate or rates of interest on its bonds or notes may be
fixed or variable and the Authority shall determine or provide
for the determination of the rate or rates of interest of its
bonds or notes issued under this Act in an ordinance adopted by
the Authority prior to the issuance thereof, none of which
rates of interest shall exceed that permitted in the Bond
Authorization Act. Interest may be payable at such times as
are provided for by the Board.
(j) Bonds and notes issued under this Section may be
issued as serial or term obligations, shall be of such
denomination or denominations and form, including interest
coupons to be attached thereto, be executed in such manner,

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shall be payable at such place or places and bear such date as
the Authority shall fix by the ordinance authorizing such bond
or note and shall mature at such time or times, within a period
not to exceed 40 years from the date of issue, and may be
redeemable prior to maturity with or without premium, at the
option of the Authority, upon such terms and conditions as the
Authority shall fix by the ordinance authorizing the issuance
of such bonds or notes.
(k) A bond anticipation note or any renewal thereof may
not mature at any time or times exceeding 5 years from the date
of the first issuance of such note.
(l) The Authority may provide for the registration of
bonds or notes in the name of the owner as to the principal
alone or as to both principal and interest, upon such terms and
conditions as the Authority may determine.
(m) The ordinance authorizing bonds or notes may provide
for the exchange of such bonds or notes which are fully
registered, as to both principal and interest, with bonds or
notes which are registrable as to principal only.
(n) All bonds or notes issued under this Section by the
Authority other than those issued in exchange for property or
for bonds or notes of the Authority shall be sold at a price
which may be at a premium or discount but such that the
interest cost, excluding any redemption premium, to the
Authority of the proceeds of an issue of such bonds or notes,
computed to stated maturity according to standard tables of

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bond values, shall not exceed that permitted in the Bond
Authorization Act.
(o) The Authority shall notify the Governor's Office of
Management and Budget and the State Comptroller at least 30
days before any bond sale and shall file with the Governor's
Office of Management and Budget and the State Comptroller a
certified copy of any ordinance authorizing the issuance of
bonds at or before the issuance of the bonds.
(p) Any such bonds or notes of the Authority shall be sold
to the highest and best bidder on sealed bids as the Authority
shall deem. As such bonds or notes are to be sold the Authority
shall advertise for proposals to purchase the bonds or notes
which advertisement shall be published at least once in a
daily newspaper of general circulation published in the
metropolitan region at least 10 days before the time set for
the submission of bids. The Authority shall have the right to
reject any or all bids.
(q) Notwithstanding any other provisions of this Section,
working cash notes or bonds or notes to provide funds for
self-insurance or a joint self-insurance pool or entity may be
sold either upon competitive bidding or by negotiated sale,
without any requirement of publication of intention to
negotiate the sale of such Notes, as the Board shall determine
by ordinance.
(r) In case any officer whose signature appears on any
bonds, notes, or coupons authorized pursuant to this Section

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shall cease to be such officer before delivery of such bonds or
notes, such signature shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had
remained in office until such delivery. Neither the Directors
of the Authority nor any person executing any bonds or notes
thereof shall be liable personally on any such bonds or notes
or coupons by reason of the issuance thereof.
(s) All bonds or notes of the Authority issued pursuant to
this Section shall be general obligations of the Authority to
which shall be pledged the full faith and credit of the
Authority, as provided in this Section. Such bonds or notes
shall be secured as provided in the authorizing ordinance,
which may, notwithstanding any other provision of this Act,
include in addition to any other security, a specific pledge
or assignment of and lien on or security interest in any or all
tax receipts of the Authority and on any or all other revenues
or moneys of the Authority from whatever source, which may, by
law, be used for debt service purposes and a specific pledge or
assignment of and lien on or security interest in any funds or
accounts established or provided for by the ordinance of the
Authority authorizing the issuance of such bonds or notes. Any
such pledge, assignment, lien, or security interest for the
benefit of holders of bonds or notes of the Authority shall be
valid and binding from the time the bonds or notes are issued
without any physical delivery or further act and shall be
valid and binding as against and prior to the claims of all

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other parties having claims of any kind against the Authority
or any other person irrespective of whether such other parties
have notice of such pledge, assignment, lien, or security
interest. The obligations of the Authority incurred pursuant
to this Section are superior to and have priority over any
other obligations of the Authority.
(t) The Authority may provide in the ordinance authorizing
the issuance of any bonds or notes issued pursuant to this
Section for the creation of, deposits in, and regulation and
disposition of sinking fund or reserve accounts relating to
such bonds or notes. The ordinance authorizing the issuance of
any bonds or notes pursuant to this Section may contain
provisions as part of the contract with the holders of the
bonds or notes, for the creation of a separate fund to provide
for the payment of principal and interest on such bonds or
notes and for the deposit in such fund from any or all the tax
receipts of the Authority and from any or all such other moneys
or revenues of the Authority from whatever source which may by
law be used for debt service purposes, all as provided in such
ordinance, of amounts to meet the debt service requirements on
such bonds or notes, including principal and interest, and any
sinking fund or reserve fund account requirements as may be
provided by such ordinance, and all expenses incident to or in
connection with such fund and accounts or the payment of such
bonds or notes. Such ordinance may also provide limitations on
the issuance of additional bonds or notes of the Authority.

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Such bonds or notes of the Authority do not constitute a debt
of the State of Illinois. Nothing in this Act shall be
construed to enable the Authority to impose any ad valorem tax
on property.
(u) The ordinance of the Authority authorizing the
issuance of any bonds or notes may provide additional security
for such bonds or notes by providing for appointment of a
corporate trustee, which may be any trust company or bank
having the powers of a trust company within the State, with
respect to such bonds or notes. The ordinance shall prescribe
the rights, duties, and powers of the trustee to be exercised
for the benefit of the Authority and the protection of the
holders of such bonds or notes. The ordinance may provide for
the trustee to hold in trust, invest, and use amounts in funds
and accounts created as provided by the ordinance with respect
to the bonds or notes. The ordinance may provide for the
assignment and direct payment to the trustee of any or all
amounts produced from the sources provided in Sections 6.02
and 6.08 and provided in Section 6z-17 of the State Finance
Act. Upon receipt of notice of any such assignment, the
Department of Revenue and the Comptroller of the State of
Illinois shall thereafter, notwithstanding the provisions of
Sections 6.02 and 6.08 and Section 6z-17 of the State Finance
Act, provide for such assigned amounts to be paid directly to
the trustee instead of the Authority, all in accordance with
the terms of the ordinance making the assignment. The

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ordinance shall provide that amounts so paid to the trustee
which are not required to be deposited, held, or invested in
funds and accounts created by the ordinance with respect to
bonds or notes or used for paying bonds or notes to be paid by
the trustee to the Authority.
(v) Any bonds or notes of the Authority issued pursuant to
this Section shall constitute a contract between the Authority
and the holders from time to time of such bonds or notes. In
issuing any bond or note, the Authority may include in the
ordinance authorizing such issue a covenant as part of the
contract with the holders of the bonds or notes, that as long
as such obligations are outstanding, it shall make such
deposits, as provided in subsection (c). It may also so
covenant that it shall impose and continue to impose taxes, as
provided in Section 6.02 and in addition thereto as
subsequently authorized by law, sufficient to make such
deposits and pay the principal and interest and to meet other
debt service requirements of such bonds or notes as they
become due. A certified copy of the ordinance authorizing the
issuance of any such obligations shall be filed at or prior to
the issuance of such obligations with the State Comptroller
and the Department of Revenue.
(w) The State of Illinois pledges to and agrees with the
holders of the bonds and notes of the Authority issued
pursuant to this Section that the State will not limit or alter
the rights and powers vested in the Authority by this Act to

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impair the terms of any contract made by the Authority with
such holders or in any way impair the rights and remedies of
such holders until such bonds and notes, together with
interest thereon, with interest on any unpaid installments of
interest, and all costs and expenses in connection with any
action or proceedings by or on behalf of such holders, are
fully met and discharged. In addition, the State pledges to
and agrees with the holders of the bonds and notes of the
Authority issued pursuant to this Section that the State will
not limit or alter the basis on which State funds are to be
paid to the Authority as provided in this Act, or the use of
such funds, so as to impair the terms of any such contract. The
Authority may include these pledges and agreements of the
State in any contract with the holders of bonds or notes issued
pursuant to this Section.
(x) Except as provided in subsections (y) and (aa), the
Authority may not issue, sell, or deliver any bonds or notes,
other than working cash notes and lines of credit, pursuant to
this Section which will cause it to have issued and
outstanding at any time in excess of $800,000,000 of such
bonds and notes, other than working cash notes and lines of
credit. The Authority shall not issue, sell, or deliver any
working cash notes or establish a line of credit pursuant to
this Section that will cause it to have issued and outstanding
at any time in excess of $100,000,000. Bonds or notes which are
being paid or retired by such issuance, sale, or delivery of

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bonds or notes, and bonds or notes for which sufficient funds
have been deposited with the paying agency of such bonds or
notes to provide for payment of principal and interest thereon
or to provide for the redemption thereof, all pursuant to the
ordinance authorizing the issuance of such bonds or notes,
shall not be considered to be outstanding for the purposes of
this subsection.
(y) The Authority may issue, sell, and deliver bonds or
notes in such amounts as are necessary to provide for the
refunding or advance refunding of bonds or notes issued for
Strategic Capital Improvement Projects under this subsection
if no such refunding bond or note shall mature later than the
final maturity date of the series of bonds or notes being
refunded and if the debt service requirements for such
refunding bonds or notes in the current or any future fiscal
year do not exceed the debt service requirements for that year
on the refunded bonds or notes.
(z) The Authority may also issue, sell, and deliver bonds
or notes in such amounts as are necessary to provide for the
refunding or advance refunding of bonds or notes issued for
Strategic Capital Improvement Projects under paragraph (3) of
subsection (g) of Section 4.04 of the Regional Transportation
Authority Act (repealed), provided that no such refunding bond
or note shall mature later than the final maturity date of the
series of bonds or notes being refunded, and provided further
that the debt service requirements for such refunding bonds or

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notes in the current or any future fiscal year shall not exceed
the debt service requirements for that year on the refunded
bonds or notes.
(aa) The Authority, subject to the terms of any agreements
with noteholders or bondholders as may then exist, may, out of
any funds available therefore, purchase notes or bonds of the
Authority, which shall thereupon be canceled.
(bb) In addition to any other authority granted by law,
the State Treasurer may, with the approval of the Governor,
invest or reinvest, at a price not to exceed par, any State
money in the State treasury which is not needed for current
expenditures due or about to become due in working cash notes.
If there is a default on a working cash note issued by the
Authority in which State money in the State treasury was
invested, the Treasurer may, after giving notice to the
Authority, certify to the Comptroller the amounts of the
defaulted working cash note, in accordance with any applicable
rules of the Comptroller, and the Comptroller must deduct and
remit to the State treasury the certified amounts or a portion
of those amounts from the following proportions of payments of
State funds to the Authority:
(i) in the first year after default, one-third of the
total amount of any payments of State funds to the
Authority;
(ii) in the second year after default, two-thirds of
the total amount of any payments of State funds to the

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Authority; and
(iii) in the third year after default and for each
year thereafter until the total invested amount is repaid,
the total amount of any payments of State funds to the
Authority.
(cc) The Authority may establish a line of credit with a
bank or other financial institution as may be evidenced by the
issuance of notes or other obligations, secured by and payable
from all tax receipts of the Authority and any or all other
revenues or moneys of the Authority, in an amount not to exceed
the limitations set forth in subsection (x). Money borrowed
under this subsection shall be used to provide money for the
Authority to cover any cash flow deficit that the Authority
anticipates incurring and shall be repaid within 24 months.
(dd) Before establishing a line of credit under subsection
(cc), the Authority shall authorize the line of credit by
ordinance. The ordinance shall set forth facts demonstrating
the need for the line of credit, state the amount to be
borrowed, establish a maximum interest rate limit not to
exceed the maximum rate authorized by the Bond Authorization
Act, and provide a date by which the borrowed funds shall be
repaid. The ordinance shall authorize and direct the relevant
officials to make arrangements to set apart and hold, as
applicable, the moneys that will be used to repay the
borrowing. In addition, the ordinance may authorize the
relevant officials to make partial repayments on the line of

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credit as the moneys become available and may contain any
other terms, restrictions, or limitations desirable or
necessary to give effect to subsection (cc).
(ee) The Authority shall notify the Governor's Office of
Management and Budget and the State Comptroller at least 30
days before establishing a line of credit and shall file with
the Governor's Office of Management and Budget and the State
Comptroller a certified copy of any ordinance authorizing the
establishment of a line of credit upon or before establishing
the line of credit.
(ff) Moneys borrowed under a line of credit pursuant to
subsection (cc) are general obligations of the Authority that
are secured by the full faith and credit of the Authority.
Section 6.06. Bonds, notes, and certificates; legal
investments. The State, all units of local government, all
public officers, banks, bankers, trust companies, savings
banks and institutions, building and loan associations,
savings and loan associations, investment companies and other
persons carrying on a banking business, insurance companies,
insurance associations and other persons carrying on an
insurance business, and all executors, administrators,
guardians, trustees and other fiduciaries may legally invest
any sinking funds, moneys, or other funds belonging to them or
within their control in any bonds, notes, or equipment trust
certificates issued pursuant to this Act, it being the purpose

SB3936 - 157 - LRB103 40367 AWJ 72644 b
of this Section to authorize the investment in such bonds,
notes, or certificates of all sinking, insurance, retirement,
compensation, pension, and trust funds, whether owned or
controlled by private or public persons or officers. However,
nothing in this Section may be construed as relieving any
person, firm, or corporation from any duty of exercising
reasonable care in selecting securities for purchase or
investment.
Section 6.07. Exemption from taxation. The Authority is
exempt from all State and unit of local government taxes and
registration and license fees other than as required for motor
vehicle registration in accordance with the Illinois Vehicle
Code. All property of the Authority is declared to be public
property devoted to an essential public and governmental
function and purpose and is exempt from all taxes and special
assessments of the State, any subdivision thereof, or any unit
of local government.
Section 6.08. Public Transportation Fund and the
Metropolitan Mobility Authority Occupation and Use Tax
Replacement Fund.
(a) As soon as possible after the first day of each month,
upon certification of the Department of Revenue, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public

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Transportation Fund, a special fund in the State treasury, an
amount equal to 25% of the net revenue, before the deduction of
the serviceman and retailer discounts pursuant to Section 9 of
the Service Occupation Tax Act and Section 3 of the Retailers'
Occupation Tax Act, realized from any tax imposed by the
Authority pursuant to Sections 6.02 and 6.03 and 25% of the
amounts deposited into the Metropolitan Mobility Authority
Occupation and Use Tax Replacement Fund created by Section
6.02, from the County and Mass Transit District Fund as
provided in Section 6z-20 of the State Finance Act and 25% of
the amounts deposited into the Metropolitan Mobility Authority
Occupation and Use Tax Replacement Fund from the State and
Local Sales Tax Reform Fund as provided in Section 6z-17 of the
State Finance Act. On the first day of the month following the
date that the Department receives revenues from increased
taxes under subsection (cc) of Section 6.02, in lieu of the
transfers authorized in the preceding sentence, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Public Transportation Fund an
amount equal to 25% of the net revenue, before the deduction of
the serviceman and retailer discounts pursuant to Section 9 of
the Service Occupation Tax Act and Section 3 of the Retailers'
Occupation Tax Act, realized from (i) 80% of the proceeds of
any tax imposed by the Authority at a rate of 1.25% in Cook
County, (ii) 75% of the proceeds of any tax imposed by the

SB3936 - 159 - LRB103 40367 AWJ 72644 b
Authority at the rate of 1% in Cook County, and (iii) one-third
of the proceeds of any tax imposed by the Authority at the rate
of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and
Will, all pursuant to Section 6.02, and 25% of the net revenue
realized from any tax imposed by the Authority pursuant to
Section 6.03, and 25% of the amounts deposited into the
Metropolitan Mobility Authority Occupation and Use Tax
Replacement Fund created by Section 6.02 from the County and
Mass Transit District Fund as provided in Section 6z-20 of the
State Finance Act, and 25% of the amounts deposited into the
Metropolitan Mobility Authority Occupation and Use Tax
Replacement Fund from the State and Local Sales Tax Reform
Fund as provided in Section 6z-17 of the State Finance Act. As
used in this Section, net revenue realized for a month shall be
the revenue collected by the State pursuant to Sections 6.02
and 6.03 during the previous month from within the
metropolitan region, less the amount paid out during that same
month as refunds to taxpayers for overpayment of liability in
the metropolitan region under Sections 6.02 and 6.03.
(b) Notwithstanding any provision of law to the contrary,
those amounts required under subsection (a) to be transferred
by the Treasurer into the Public Transportation Fund from the
General Revenue Fund shall be directly deposited into the
Public Transportation Fund as the revenues are realized from
the taxes indicated.
(c) Except as otherwise provided in subsection (c), on the

SB3936 - 160 - LRB103 40367 AWJ 72644 b
first day of each month, upon certification by the Department
of Revenue, the Comptroller shall order transferred and the
Treasurer shall transfer from the General Revenue Fund to the
Public Transportation Fund an amount equal to 5% of the net
revenue, before the deduction of the serviceman and retailer
discounts pursuant to Section 9 of the Service Occupation Tax
Act and Section 3 of the Retailers' Occupation Tax Act,
realized from any tax imposed by the Authority pursuant to
Sections 6.02 and 6.03 and certified by the Department of
Revenue under subsection (cc) of Section 6.02 to be paid to the
Authority and 5% of the amounts deposited into the
Metropolitan Mobility Authority Occupation and Use Tax
Replacement Fund created by subsection (cc) of Section 6.02
from the County and Mass Transit District Fund as provided in
Section 6z-20 of the State Finance Act, and 5% of the amounts
deposited into the Metropolitan Mobility Authority Occupation
and Use Tax Replacement Fund from the State and Local Sales Tax
Reform Fund as provided in Section 6z-17 of the State Finance
Act, and 5% of the revenue realized by the Authority as
financial assistance from the City of Chicago from the
proceeds of any tax imposed by the City of Chicago under
Section 8-3-19 of the Illinois Municipal Code.
(d) Notwithstanding any provision of law to the contrary,
those amounts required under subsection (e) to be transferred
by the Treasurer into the Public Transportation Fund from the
General Revenue Fund shall be directly deposited into the

SB3936 - 161 - LRB103 40367 AWJ 72644 b
Public Transportation Fund as the revenues are realized from
the taxes indicated.
(e) Except as otherwise provided in subsection (g), as
soon as possible after the first day of each month, upon
certification of the Department of Revenue with respect to the
taxes collected under Section 6.02, the Comptroller shall
order transferred and the Treasurer shall transfer from the
General Revenue Fund to the Public Transportation Fund an
amount equal to 25% of the net revenue, before the deduction of
the serviceman and retailer discounts pursuant to Section 9 of
the Service Occupation Tax Act and Section 3 of the Retailers'
Occupation Tax Act, realized from (i) 20% of the proceeds of
any tax imposed by the Authority at a rate of 1.25% in Cook
County, (ii) 25% of the proceeds of any tax imposed by the
Authority at the rate of 1% in Cook County, and (iii) one-third
of the proceeds of any tax imposed by the Authority at the rate
of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and
Will, all pursuant to Section 6.02, and the Comptroller shall
order transferred and the Treasurer shall transfer from the
General Revenue Fund to the Public Transportation Fund (iv) an
amount equal to 25% of the revenue realized by the Authority as
financial assistance from the City of Chicago from the
proceeds of any tax imposed by the City of Chicago under
Section 8-3-19 of the Illinois Municipal Code.
(f) Notwithstanding any provision of law to the contrary,
those amounts required under subsection (e) to be transferred

SB3936 - 162 - LRB103 40367 AWJ 72644 b
by the Treasurer into the Public Transportation Fund from the
General Revenue Fund shall be directly deposited into the
Public Transportation Fund as the revenues are realized from
the taxes indicated
(g) Notwithstanding any provision of law to the contrary,
of the transfers to be made under subsections (a), (c), and (e)
from the General Revenue Fund to the Public Transportation
Fund, the first $150,000,000 that would have otherwise been
transferred from the General Revenue Fund shall be transferred
from the Road Fund. The remaining balance of such transfers
shall be made from the General Revenue Fund.
(h) All moneys deposited into the Public Transportation
Fund and the Metropolitan Mobility Authority Occupation and
Use Tax Replacement Fund, whether deposited pursuant to this
Section or otherwise, are allocated to the Authority, except
for amounts appropriated to the Office of the Executive
Inspector General under subsection (a) of Section 5.14 and
amounts transferred to the Audit Expense Fund pursuant to
Section 6z-27 of the State Finance Act. The Comptroller, as
soon as possible after each monthly transfer provided in this
Section and after each deposit into the Public Transportation
Fund, shall order the Treasurer to pay to the Authority out of
the Public Transportation Fund the amount so transferred or
deposited. Any additional state assistance and additional
financial assistance paid to the Authority under this Section
shall be expended by the Authority for its purposes as

SB3936 - 163 - LRB103 40367 AWJ 72644 b
provided in this Act. The balance of the amounts paid to the
Authority from the Public Transportation Fund shall be
expended by the Authority as provided in Section 6.04. The
Comptroller, as soon as possible after each deposit into the
Metropolitan Mobility Authority Occupation and Use Tax
Replacement Fund provided in this Section and Section 6z-17 of
the State Finance Act, shall order the Treasurer to pay to the
Authority out of the Metropolitan Mobility Authority
Occupation and Use Tax Replacement Fund the amount so
deposited. Such amounts paid to the Authority may be expended
by it for its purposes as provided in this Act. The provisions
directing the distributions from the Public Transportation
Fund and the Metropolitan Mobility Authority Occupation and
Use Tax Replacement Fund provided for in this Section shall
constitute an irrevocable and continuing appropriation of all
amounts as provided herein. The State Treasurer and State
Comptroller are authorized and directed to make distributions
as provided in this Section. However, no moneys deposited
under subsection (a) shall be paid from the Public
Transportation Fund to the Authority or its assignee for any
fiscal year until the Authority has certified to the Governor,
the Comptroller, and the Mayor of the City of Chicago that it
has adopted for that fiscal year an Annual Budget and Two-Year
Financial Plan meeting the requirements in Section 5.12.
(i) In recognition of the efforts of the Authority to
enhance the mass transportation facilities under its control,

SB3936 - 164 - LRB103 40367 AWJ 72644 b
the State shall provide financial assistance (hereinafter
"additional state assistance"). Additional state assistance
shall be calculated as provided in subsection (k), but may not
exceed $55,000,000.
(j) The State shall provide financial assistance
(hereinafter "additional financial assistance") in addition to
the additional state assistance provided by subsection (i) and
the amounts transferred to the Authority under subsection (a).
Additional financial assistance provided by this subsection
shall be calculated as provided in subsection (k), but may not
exceed $100,000,000.
(k) The Authority shall annually certify to the State
Comptroller and State Treasurer, separately with respect to
each of paragraphs (2) and (3) of subsection (g) of Section
4.04 of the Regional Transportation Act (repealed), the
following amounts:
(1) The amount necessary and required, during the
State fiscal year with respect to which the certification
is made, to pay its obligations for debt service on all
outstanding bonds or notes issued by the Authority or
under paragraphs (2) and (3) of subsection (g) of Section
4.04 of the Regional Transportation Authority Act
(repealed).
(2) An estimate of the amount necessary and required
to pay its obligations for debt service for any bonds or
notes which the Authority anticipates it will issue under

SB3936 - 165 - LRB103 40367 AWJ 72644 b
paragraphs (2) and (3) of subsection (g) of Section 4.04
of the Regional Transportation Authority Act (repealed)
during that State fiscal year.
(3) Its debt service savings during the preceding
State fiscal year from refunding or advance refunding of
bonds or notes issued under paragraphs (2) and (3) of
subsection (g) of Section 4.04 of the Regional
Transportation Authority Act (repealed) during that State
fiscal year.
(4) The amount of interest, if any, earned by the
Authority during the previous State fiscal year on the
proceeds of bonds or notes issued pursuant to paragraphs
(2) and (3) of subsection (g) of Section 4.04 of the
Regional Transportation Authority Act (repealed), other
than refunding or advance refunding bonds or notes.
(l) The certification under subsection (k) shall include a
specific schedule of debt service payments, including the date
and amount of each payment for all outstanding bonds or notes
and an estimated schedule of anticipated debt service for all
bonds and notes it intends to issue, if any, during that State
fiscal year, including the estimated date and estimated amount
of each payment.
(m) Immediately upon the issuance of bonds for which an
estimated schedule of debt service payments was prepared, the
Authority shall file an amended certification with respect to
paragraph (2) of subsection (k) to specify the actual schedule

SB3936 - 166 - LRB103 40367 AWJ 72644 b
of debt service payments, including the date and amount of
each payment, for the remainder of the State fiscal year.
(n) On the first day of each month of the State fiscal year
in which there are bonds outstanding with respect to which the
certification is made, the State Comptroller shall order
transferred and the State Treasurer shall transfer from the
Road Fund to the Public Transportation Fund the additional
state assistance and additional financial assistance in an
amount equal to the aggregate of (i) one-twelfth of the sum of
the amounts certified under paragraphs (1) and (3) of
subsection (k) less the amount certified under paragraph (4)
of subsection (k), plus (ii) the amount required to pay debt
service on bonds and notes issued during the fiscal year, if
any, divided by the number of months remaining in the fiscal
year after the date of issuance, or some smaller portion as may
be necessary under subsection (i) or (j) for the relevant
State fiscal year, plus (iii) any cumulative deficiencies in
transfers for prior months, until an amount equal to the sum of
the amounts certified under subsections (a) and (e), plus the
actual debt service certified under subsection (c), less the
amount certified under subsection (k), has been transferred;
except that these transfers are subject to the following
limits:
(1) The total transfers in any State fiscal year
relating to outstanding bonds and notes issued by the
Authority or under paragraph (2) of subsection (g) of

SB3936 - 167 - LRB103 40367 AWJ 72644 b
Section 4.04 of the Regional Transportation Authority Act
(repealed) may not exceed the lesser of the annual maximum
amount specified in subsection (e) or the sum of the
amounts certified under subsections (a) and (e), plus the
actual debt service certified under subsection (c), less
the amount certified under subsection (k), with respect to
those bonds and notes.
(2) The total transfers in any State fiscal year
relating to outstanding bonds and notes issued by the
Authority under paragraph (3) of subsection (g) of Section
4.04 of the Regional Transportation Authority Act
(repealed) may not exceed the lesser of the annual maximum
amount specified in subsection (j) or the sum of the
amounts certified under subsections (a) and (c), plus the
actual debt service certified under subsection (b), less
the amount certified under subsection (k), with respect to
those bonds and notes.
(o) As used in this Section, "outstanding" does not
include bonds or notes for which refunding or advance
refunding bonds or notes have been issued.
(p) Neither additional state assistance nor additional
financial assistance may be pledged, either directly or
indirectly, as general revenues of the Authority or as
security for any bonds issued by the Authority. The Authority
may not assign its right to receive additional state
assistance or additional financial assistance, or direct

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payment of additional state assistance or additional financial
assistance, to a trustee or any other entity for the payment of
debt service on its bonds.
(q) The certification required under subsection (k) with
respect to outstanding bonds and notes of the Authority shall
be filed as early as practicable before the beginning of the
State fiscal year to which it relates. The certification shall
be revised as may be necessary to accurately state the debt
service requirements of the Authority.
Section 6.09. Strategic Capital Improvement Program.
(a) This Section and the Annual Capital Improvement Plan
created in Section 5.10 shall together be known as the
Strategic Capital Improvement Program. The Strategic Capital
Improvement Program shall enhance the ability of the Authority
to acquire, repair, or replace public transportation
facilities in the metropolitan region and shall be financed
through the issuance of bonds or notes authorized for
Strategic Capital Improvement Projects under Section 6.05. The
Program is intended as a supplement to the ongoing capital
development activities of the Authority financed with grants,
loans, and other moneys made available by the federal
government or the State of Illinois. The Authority shall
continue to seek, receive, and expend all available grants,
loans and other moneys.
(b) Any contracts for architectural or engineering

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services for projects approved pursuant to Section 5.10 shall
comply with the requirements set forth in the Local Government
Professional Services Selection Act.
Section 6.10. Rate protection contracts.
(a) As used in this Section, "rate protection contracts"
means interest rate price exchange agreements; currency
exchange agreements; forward payment conversion agreements;
contracts providing for payment or receipt of funds based on
levels of, or changes in, interest rates, currency exchange
rates, stock or other indices; contracts to exchange cash
flows or a series of payments; contracts, including, without
limitation, interest rate caps; interest rate floor; interest
rate locks; interest rate collars; rate of return guarantees
or assurances, to manage payment, currency, rate, spread or
similar exposure; the obligation, right, or option to issue,
put, lend, sell, grant a security interest in, buy, borrow or
otherwise acquire, a bond, note or other security or interest
therein as an investment, as collateral, as a hedge, or
otherwise as a source or assurance of payment to or by the
Authority or as a reduction of the Authority's or an obligor's
risk exposure; repurchase agreements; securities lending
agreements; and other similar agreements or arrangements.
(b) Notwithstanding any provision in paragraph (2) of
Section 4.02 to the contrary, in connection with or incidental
to the issuance by the Authority of its bonds or notes under

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the provisions of Section 6.05 or the exercise of its powers
under paragraph (2) of Section 4.02, the Authority, for its
own benefit or for the benefit of the holders of its
obligations or their trustee, may enter into rate protection
contracts. The Authority may enter into rate protection
contracts only pursuant to a determination by the Directors
that the terms of the contracts and any related agreements
reduce the risk of loss to the Authority, or protect, preserve
or enhance the value of its assets, or provide compensation to
the Authority for losses resulting from changes in interest
rates. The Authority's obligations under any rate protection
contract or credit enhancement or liquidity agreement shall
not be considered bonds or notes for purposes of this Act. For
purposes of this Section, a rate protection contract is a
contract determined by the Authority as necessary or
appropriate to permit it to manage payment, currency, or
interest rate risks or levels.
Section 6.11. Metropolitan Mobility Authority Additional
Operating Funding Fund. There is created the Metropolitan
Mobility Authority Additional Operating Funding Fund, a
special fund that is created in the State treasury, and,
subject to appropriation and as directed by the Board, moneys
in the Fund may be expended for any purpose allowed under this
Act.

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Section 6.12. Nature of funds. The funds described in this
Act and the Equitable Transit-Supportive Development Act
generated from transportation sources and deposited into those
funds are protected under Section 11 of Article IX of the
Illinois Constitution and the uses of the funds allowed under
these Acts are deemed transportation purposes under Section 11
of Article IX and may not, by transfer, offset, or otherwise,
be diverted by any local government, including, without
limitation, any home rule unit of government, to any purpose
other than public transportation purposes. This Section is
declarative of existing law.
Article X. OFFICE OF TRANSIT-ORIENTED DEVELOPMENT
Section 10.01. Short title; references to Act; intent.
(a) Short title. This Article X may be cited as the
Equitable Transit-Supportive Development Act. References to
"this Act" in this Article X mean this Article X.
(b) References to Act. This Act, including both the new
and amendatory provisions, may be referred to as Clean and
Equitable Transportation Act.
(c) Intent. It is the intent of the General Assembly in
enacting this Act to (1) strengthen connections among people,
places, and transit, (2) establish a virtuous cycle of
increasing residential units and employment near transit that
supports increased transit service, which then makes nearby

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property more attractive for development, (3) support
increased housing opportunities and other infill development
in transit-served locations, (4) enhance the resilience of
Illinois' transit assets and leverage the value of transit to
property owners and tenants, and (5) increase transit
availability and ridership to achieve quality of life,
economic development, and sustainability objectives.
Section 10.02. Definitions. As used in this Act:
"Affordable housing" means long-term income-restricted
housing units for households whose adjusted income is at or
below 60% of the metropolitan area median income, adjusted for
household size, for the transit agency service area in which
the housing units are to be built.
"Near high-quality transit" in the metropolitan region, as
defined in the Metropolitan Mobility Authority Act, refers to
parcels located within one-half mile of a rail transit station
or within one-eighth mile of a bus stop with headways of no
more than 15 minutes for at least 14 hours per day. The Office
may define "near high-quality transit" differently elsewhere
in the State.
"Office" means the Office of Transit-Oriented Development.
"Workforce housing" means long-term income-restricted
housing units for households whose adjusted income is at or
below 120% and above 60% of the metropolitan area, as that term
is defined in the Metropolitan Mobility Authority Act, median

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income, adjusted for household size.
Section 10.03. Establishment of the Office of
Transit-Oriented Development and Transit-Supportive
Development Fund.
(a) There is established the Office of Transit-Oriented
Development and the Transit-Supportive Development Fund, a
special fund that is created in the State treasury, and,
subject to appropriation and as directed by the Office, may be
expended as provided in this Act.
(b) Amounts on deposit in the Fund and interest and other
earnings on those amounts may be used by the Office to aid
transit-supportive development near high-quality transit as
provided in this Act.
(c) Eligible uses of the Fund include, but are not limited
to, conversion of nonresidential uses to residential use,
redevelopment of underused parking lots, provision of
affordable housing and workforce housing, mixed-use
development, and joint development with a transit agency on
agency-owned property.
(d) In using moneys from the Fund, the Office shall
prioritize projects that leverage other funding sources and
promote equitable access to housing and jobs in transit-served
locations. To qualify for financial support from the Office,
local jurisdictions must identify opportunity sites with site
control or documented concurrence from property owners,

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subject to specific standards to be defined by the Office, to
support these eligible uses:
(1) funding offered by the Office for predevelopment
work, including, but not limited to, site acquisition,
parcel assembly, environmental remediation, and utility
and supporting infrastructure installation, directly or
through grants and partnerships with other public or
private organizations;
(2) loans offered by the Office to provide financing
for construction in support of eligible development
projects; or
(3) technical assistance offered by the Office to
transit agencies, local jurisdictions with land use
authority, property owners, and developers to help best
accommodate transit-supportive development in areas near
high-quality transit. As used in this paragraph,
"technical assistance" includes, but is not limited to:
interagency expertise; development strategy and planning
assistance; market or value capture assessments; and
assistance with solicitations, ground leases, or revolving
funds; professional services, including, but not limited
to, marketing, financial analysis, design, engineering,
and land surveying.
(e) The Office and the State's metropolitan planning
organizations may partner to carry out this Act, including the
Office providing operating funding to metropolitan planning

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organizations for personnel with expertise in
transit-supportive development in accordance with this Act.
Section 10.04. Transit support overlay districts.
(a) The metropolitan planning organization for each
municipality seeking eligibility for assistance by the Office
shall develop standards for a transit support overlay district
for that urban area, which may include, but are not limited to,
transit-supportive allowable uses and densities, restriction
of auto-oriented uses, removal of parking requirements, site
planning standards that support walkability, sidewalk network
connectivity and local funding commitments for sidewalks in
compliance with the requirements of the Americans with
Disabilities Act of 1990, as amended, and streetscape features
that encourage transit use.
(b) Assistance by the Office shall be exclusively for
projects in municipalities that have adopted the standards in
the transit support overlay district for that area or that
have adopted zoning and other changes that the Office
determines have benefits greater than or equal to such a
District.
Section 10.05. Standards and annual reporting. The Office
shall develop standards and procedures necessary to implement
this Act and shall annually publish a comprehensive annual
report that describes its transactions, holdings, and

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financial position.
Section 10.06. Report to General Assembly. By no later
than 2 years after the effective date of this Act, the Office
shall submit to the General Assembly a comprehensive study of
State programs for affordable housing, economic development,
and other capital investments to determine how the criteria
for investment under those programs can be aligned to support
transit and transit-oriented development. The study shall also
identify opportunities to bundle or streamline access to other
State investments with the assistance provided by the Office.
The Illinois Housing Development Authority, Illinois Finance
Authority, Department of Commerce and Economic Opportunity,
Capital Development Board, and other relevant departments of
the State shall cooperate to provide any needed information to
complete the study and shall implement the recommendations of
the study.
Article XI. ZERO-EMISSION VEHICLES
Section 11.01. Short title; references to Act. (a)
Short title. This Article XI may be cited as the Zero-Emission
Vehicle Act. References to "this Act" in this Article XI mean
this Article XI.
(b) References to Act. This Act, including both the new
and amendatory provisions, may be referred to as Clean and

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Equitable Transportation Act.
Section 11.02. Purpose. The purpose of this Act is to
accelerate the adoption of on-road zero-emission vehicles and
to reduce emissions of air pollution, including, but not
limited to, nitrogen oxides (NOx), particulate matter,
hazardous air pollutants, and greenhouse gases from vehicles
owned and operated by governmental units in Illinois.
Section 11.03. Definitions. In this Act:
"Displaced worker" means any employee whose most recent
separation from active service was due to lack of business, a
reduction in force, or other economic, nondisciplinary reason
related to the transition from fossil-fuel reliant vehicles to
zero-emission or near zero-emissions vehicles.
"Governmental unit" means the State, a State agency, a
unit of local government, or any other political subdivision
of the State, which exercises limited governmental powers or
powers in respect to limited governmental subjects, but does
not include school districts.
"Individual facing barriers to employment" means either of
the following:
(1) An individual with a barrier to employment as
defined by 29 U.S.C. 3102(24).
(2) An individual from a demographic group that
represents less than 30% of their relevant industry

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workforce according to the United States Bureau of Labor
Statistics.
"Non-temporary job" means a job other than those
classified as "day and temporary labor" as defined in the Day
and Temporary Labor Services Act.
"Near zero-emission vehicle" means an on-road hybrid
electric vehicle that has the capability to charge the battery
from an off-vehicle conductive or inductive electric source
and achieves all-electric range.
"On-road vehicles" means vehicles intended for use on
roads. These vehicles include passenger cars and commercial
vehicles, including vans, trucks, road tractors, specially
constructed vehicles, buses, trailers, and semi-trailers.
"Repower" means to replace the internal combustion engine
in a vehicle with a zero-emission powertrain.
"Zero-emission powertrain" means a powertrain that
produces zero exhaust emissions of any criteria pollutant,
precursor pollutant, or greenhouse gas in any mode of
operation or condition.
"Zero-emission vehicles" means on-road vehicles powered
with a zero-emission powertrain.
Section 11.04. Purchase of zero-emission vehicles and near
zero-emission vehicles.
(a) Notwithstanding any other provision of law, all
on-road vehicles purchased or leased by a governmental unit on

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or after January 1, 2028 must be a manufactured zero-emission
vehicle, repowered zero-emission vehicle, manufactured near
zero-emission vehicle, or repowered near zero-emission
vehicle. On and after January 1, 2033, all on-road vehicles
purchased or leased by a governmental unit must be a
manufactured zero-emission vehicle or repowered zero-emission
vehicle. By January 1, 2048, all on-road vehicles operated by
a governmental unit must be a manufactured or repowered
zero-emission vehicle.
(b) By January 1, 2026, the Department of Central
Management Services shall establish guidance for governmental
units transitioning fleets to zero-emission and near
zero-emission vehicles, including, but not limited to, (1) a
periodically updated list of available zero-emission and near
zero-emission vehicle models; and (2) a quarterly updated list
of available incentives, grants, rebates from the federal
government and State government, VW diesel settlement, and
utility company programs.
(c) Notwithstanding any other provision of this Section, a
governmental unit may purchase a new internal combustion
engine vehicle if no zero-emission vehicles nor near
zero-emission vehicle of the needed configuration is
commercially available. A governmental unit from may not be
penalized for not taking immediate delivery of ordered
zero-emission vehicles for one year due to a construction
delay beyond the control of the governmental unit. The

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Department of Central Management Services shall adopt rules
regarding the scope of any exception under this subsection
(c).
(d) Beginning January 1, 2026, all contracts by
governmental units for the purchase of zero-emission vehicles
or near zero-emission vehicles with a base-buy value of
$10,000,000 or more shall be awarded using a competitive
best-value procurement process and shall require bidders to
submit a United States Jobs Plan as part of their solicitation
responses.
(1) The United States Jobs Plan shall include the
following information:
(A) The number of full-time non-temporary jobs
proposed to be retained and created, including an
accounting of the positions classified as employees,
and positions classified as independent contractors.
(B) The number of jobs specifically reserved for
individuals facing barriers to employment and the
number reserved for displaced workers.
(C) The minimum wage levels by job classification
for non-supervisory workers.
(D) Proposed amounts to be paid for fringe
benefits by job classification and the proposed
amounts for worker training by job classification.
(E) Description of what manuals, trainings, and
other resources would be provided to ensure existing

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purchasing government unit employees are trained on
the service, maintenance, and operation of the
purchased vehicles.
(F) If a federal authority specifically authorizes
use of a geographic preference or when State or local
funds are used to fund a contract, proposed local jobs
created in the State or within an existing facility in
the State that are related to the manufacturing of
zero-emission and near zero-emissions vehicles and
vehicles and related equipment.
(2) The United States Jobs Plan shall be scored as a
part of the overall application for the covered public
contract. The content of United States Jobs Plans shall be
incorporated as material terms of the final contract. The
United States Jobs Plan and compliance documents shall be
made available to the public and subject to full
disclosure under the Freedom of Information Act.
(3) Contracting entities shall be required to submit
annual United States Jobs Plan reports to contracting
public agencies demonstrating compliance with their United
States Jobs Plan commitments. The terms of the final
contract as well as all compliance reporting shall be made
available to the public online.
(c) This Section does not apply to a contract awarded
based on a solicitation issued before January 1, 2026.

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Article XX. MISCELLANEOUS
Section 20.01. The Open Meetings Act is amended by
changing Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational
setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a

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specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the
public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,
provided that the body prepares and makes available for
public inspection a written decision setting forth its
determinative reasoning.

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(4.5) Evidence or testimony presented to a school
board regarding denial of admission to school events or
property pursuant to Section 24-24 of the School Code,
provided that the school board prepares and makes
available for public inspection a written decision setting
forth its determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to
respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students,
staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or

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on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when

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considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 CFR C.F.R. Part 3 (73 FR 70732), or the
federal Health Insurance Portability and Accountability
Act of 1996, and the regulations promulgated thereunder,
including 45 CFR C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,
that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.

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(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes
as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.

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(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) (Blank). Meetings between the Regional
Transportation Authority Board and its Service Boards when
the discussion involves review by the Regional
Transportation Authority Board of employment contracts
under Section 28d of the Metropolitan Transit Authority
Act and Sections 3A.18 and 3B.26 of the Regional
Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances

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Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification
Review Panel, and the Illinois State Police Merit Board
regarding certification and decertification.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois
Criminal Justice Information Authority Board that occur in
closed executive session under subsection (d) of Section
35 of the Domestic Violence Fatality Review Act.
(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence

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Fatality Review Act.
(40) Meetings of the Firearm Owner's Identification
Card Review Board under Section 10 of the Firearm Owners
Identification Card Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other

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information that will inform the public of the business being
conducted.
(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
7-28-23.)
Section 20.02. The Freedom of Information Act is amended
by changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.

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(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers

SB3936 - 193 - LRB103 40367 AWJ 72644 b
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the

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Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the

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Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.

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(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted

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and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under

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Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed

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under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (Reserved).
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;

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102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
revised 1-2-24.)
(Text of Section after amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible

SB3936 - 201 - LRB103 40367 AWJ 72644 b
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law

SB3936 - 202 - LRB103 40367 AWJ 72644 b
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Metropolitan

SB3936 - 203 - LRB103 40367 AWJ 72644 b
Mobility Regional Transportation Authority under Section
4.33 of the Metropolitan Mobility Authority Act 2.11 of
the Regional Transportation Authority Act, or the St.
Clair County Transit District under the Bi-State Transit
Safety Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification

SB3936 - 204 - LRB103 40367 AWJ 72644 b
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent

SB3936 - 205 - LRB103 40367 AWJ 72644 b
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.

SB3936 - 206 - LRB103 40367 AWJ 72644 b
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under

SB3936 - 207 - LRB103 40367 AWJ 72644 b
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.

SB3936 - 208 - LRB103 40367 AWJ 72644 b
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (iii) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.

SB3936 - 209 - LRB103 40367 AWJ 72644 b
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
103-580, eff. 12-8-23; revised 1-2-24.)
Section 20.03. The Transportation Cooperation Act of 1971
is amended by changing Section 2 as follows:
(5 ILCS 225/2) (from Ch. 111 2/3, par. 602)
Sec. 2. For the purposes of this Act:
(a) "Railroad passenger service" means any railroad
passenger service within the State of Illinois, including the
equipment and facilities used in connection therewith, with
the exception of the basic system operated by the National
Railroad Passenger Corporation pursuant to Title II and
Section 403(a) of the Federal Rail Passenger Service Act of
1970.
(b) "Federal Railroad Corporation" means the National
Railroad Passenger Corporation established pursuant to an Act
of Congress known as the "Rail Passenger Service Act of 1970."
(c) "Transportation system" means any and all modes of
public transportation within the State, including, but not
limited to, transportation of persons or property by rapid
transit, rail, bus, and aircraft, and all equipment,
facilities and property, real and personal, used in connection

SB3936 - 210 - LRB103 40367 AWJ 72644 b
therewith.
(d) "Carrier" means any corporation, authority,
partnership, association, person or district authorized to
maintain a transportation system within the State with the
exception of the Federal Railroad Corporation.
(e) "Units of local government" means cities, villages,
incorporated towns, counties, municipalities, townships, and
special districts, including any district created pursuant to
the "Local Mass Transit District Act", approved July 21, 1959,
as amended; the Metropolitan Mobility Authority; any Authority
created pursuant to the "Metropolitan Transit Authority Act",
approved April 12, 1945, as amended; and, any authority,
commission, or other entity which by virtue of an interstate
compact approved by Congress is authorized to provide mass
transportation.
(f) "Universities" means all public institutions of higher
education as defined in an "Act creating a Board of Higher
Education, defining its powers and duties, making an
appropriation therefor, and repealing an Act herein named",
approved August 22, 1961, as amended, and all private
institutions of higher education as defined in the Illinois
Finance Authority Act.
(g) "Department" means the Illinois Department of
Transportation, or such other department designated by law to
perform the duties and functions of the Illinois Department of
Transportation prior to January 1, 1972.

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(h) "Association" means any Transportation Service
Association created pursuant to Section 4 of this Act.
(i) "Contracting Parties" means any units of local
government or universities which have associated and joined
together pursuant to Section 3 of this Act.
(j) "Governing authorities" means (1) the city council or
similar legislative body of a city; (2) the board of trustees
or similar body of a village or incorporated town; (3) the
council of a municipality under the commission form of
municipal government; (4) the board of trustees in a township;
(5) the Board of Trustees of the University of Illinois, the
Board of Trustees of Southern Illinois University, the Board
of Trustees of Chicago State University, the Board of Trustees
of Eastern Illinois University, the Board of Trustees of
Governors State University, the Board of Trustees of Illinois
State University, the Board of Trustees of Northeastern
Illinois University, the Board of Trustees of Northern
Illinois University, the Board of Trustees of Western Illinois
University, and the Illinois Community College Board; (6) the
county board of a county; and (7) the trustees, commissioners,
board members, or directors of a university, special district,
authority or similar agency.
(Source: P.A. 93-205, eff. 1-1-04.)
Section 20.04. The Illinois Public Labor Relations Act is
amended by changing Sections 5 and 15 as follows:

SB3936 - 212 - LRB103 40367 AWJ 72644 b
(5 ILCS 315/5) (from Ch. 48, par. 1605)
Sec. 5. Illinois Labor Relations Board; State Panel; Local
Panel.
(a) There is created the Illinois Labor Relations Board.
The Board shall be comprised of 2 panels, to be known as the
State Panel and the Local Panel.
(a-5) The State Panel shall have jurisdiction over
collective bargaining matters between employee organizations
and the State of Illinois, excluding the General Assembly of
the State of Illinois, between employee organizations and
units of local government and school districts with a
population not in excess of 2 million persons, and between
employee organizations and the Metropolitan Mobility Regional
Transportation Authority.
The State Panel shall consist of 5 members appointed by
the Governor, with the advice and consent of the Senate. The
Governor shall appoint to the State Panel only persons who
have had a minimum of 5 years of experience directly related to
labor and employment relations in representing public
employers, private employers or labor organizations; or
teaching labor or employment relations; or administering
executive orders or regulations applicable to labor or
employment relations. At the time of his or her appointment,
each member of the State Panel shall be an Illinois resident.
The Governor shall designate one member to serve as the

SB3936 - 213 - LRB103 40367 AWJ 72644 b
Chairman of the State Panel and the Board.
Notwithstanding any other provision of this Section, the
term of each member of the State Panel who was appointed by the
Governor and is in office on June 30, 2003 shall terminate at
the close of business on that date or when all of the successor
members to be appointed pursuant to this amendatory Act of the
93rd General Assembly have been appointed by the Governor,
whichever occurs later. As soon as possible, the Governor
shall appoint persons to fill the vacancies created by this
amendatory Act.
The initial appointments under this amendatory Act of the
93rd General Assembly shall be for terms as follows: The
Chairman shall initially be appointed for a term ending on the
4th Monday in January, 2007; 2 members shall be initially
appointed for terms ending on the 4th Monday in January, 2006;
one member shall be initially appointed for a term ending on
the 4th Monday in January, 2005; and one member shall be
initially appointed for a term ending on the 4th Monday in
January, 2004. Each subsequent member shall be appointed for a
term of 4 years, commencing on the 4th Monday in January. Upon
expiration of the term of office of any appointive member,
that member shall continue to serve until a successor shall be
appointed and qualified. In case of a vacancy, a successor
shall be appointed to serve for the unexpired portion of the
term. If the Senate is not in session at the time the initial
appointments are made, the Governor shall make temporary

SB3936 - 214 - LRB103 40367 AWJ 72644 b
appointments in the same manner successors are appointed to
fill vacancies. A temporary appointment shall remain in effect
no longer than 20 calendar days after the commencement of the
next Senate session.
(b) The Local Panel shall have jurisdiction over
collective bargaining agreement matters between employee
organizations and units of local government with a population
in excess of 2 million persons, but excluding the Metropolitan
Mobility Regional Transportation Authority.
The Local Panel shall consist of one person appointed by
the Governor with the advice and consent of the Senate (or, if
no such person is appointed, the Chairman of the State Panel)
and two additional members, one appointed by the Mayor of the
City of Chicago and one appointed by the President of the Cook
County Board of Commissioners. Appointees to the Local Panel
must have had a minimum of 5 years of experience directly
related to labor and employment relations in representing
public employers, private employers or labor organizations; or
teaching labor or employment relations; or administering
executive orders or regulations applicable to labor or
employment relations. Each member of the Local Panel shall be
an Illinois resident at the time of his or her appointment. The
member appointed by the Governor (or, if no such person is
appointed, the Chairman of the State Panel) shall serve as the
Chairman of the Local Panel.
Notwithstanding any other provision of this Section, the

SB3936 - 215 - LRB103 40367 AWJ 72644 b
term of the member of the Local Panel who was appointed by the
Governor and is in office on June 30, 2003 shall terminate at
the close of business on that date or when his or her successor
has been appointed by the Governor, whichever occurs later. As
soon as possible, the Governor shall appoint a person to fill
the vacancy created by this amendatory Act. The initial
appointment under this amendatory Act of the 93rd General
Assembly shall be for a term ending on the 4th Monday in
January, 2007.
The initial appointments under this amendatory Act of the
91st General Assembly shall be for terms as follows: The
member appointed by the Governor shall initially be appointed
for a term ending on the 4th Monday in January, 2001; the
member appointed by the President of the Cook County Board
shall be initially appointed for a term ending on the 4th
Monday in January, 2003; and the member appointed by the Mayor
of the City of Chicago shall be initially appointed for a term
ending on the 4th Monday in January, 2004. Each subsequent
member shall be appointed for a term of 4 years, commencing on
the 4th Monday in January. Upon expiration of the term of
office of any appointive member, the member shall continue to
serve until a successor shall be appointed and qualified. In
the case of a vacancy, a successor shall be appointed by the
applicable appointive authority to serve for the unexpired
portion of the term.
(c) Three members of the State Panel shall at all times

SB3936 - 216 - LRB103 40367 AWJ 72644 b
constitute a quorum. Two members of the Local Panel shall at
all times constitute a quorum. A vacancy on a panel does not
impair the right of the remaining members to exercise all of
the powers of that panel. Each panel shall adopt an official
seal which shall be judicially noticed. The salary of the
Chairman of the State Panel shall be $82,429 per year, or as
set by the Compensation Review Board, whichever is greater,
and that of the other members of the State and Local Panels
shall be $74,188 per year, or as set by the Compensation Review
Board, whichever is greater.
(d) Each member shall devote his or her entire time to the
duties of the office, and shall hold no other office or
position of profit, nor engage in any other business,
employment, or vocation. No member shall hold any other public
office or be employed as a labor or management representative
by the State or any political subdivision of the State or of
any department or agency thereof, or actively represent or act
on behalf of an employer or an employee organization or an
employer in labor relations matters. Any member of the State
Panel may be removed from office by the Governor for
inefficiency, neglect of duty, misconduct or malfeasance in
office, and for no other cause, and only upon notice and
hearing. Any member of the Local Panel may be removed from
office by the applicable appointive authority for
inefficiency, neglect of duty, misconduct or malfeasance in
office, and for no other cause, and only upon notice and

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hearing.
(e) Each panel at the end of every State fiscal year shall
make a report in writing to the Governor and the General
Assembly, stating in detail the work it has done in hearing and
deciding cases and otherwise.
(f) In order to accomplish the objectives and carry out
the duties prescribed by this Act, a panel or its authorized
designees may hold elections to determine whether a labor
organization has majority status; investigate and attempt to
resolve or settle charges of unfair labor practices; hold
hearings in order to carry out its functions; develop and
effectuate appropriate impasse resolution procedures for
purposes of resolving labor disputes; require the appearance
of witnesses and the production of evidence on any matter
under inquiry; and administer oaths and affirmations. The
panels shall sign and report in full an opinion in every case
which they decide.
(g) Each panel may appoint or employ an executive
director, attorneys, hearing officers, mediators,
fact-finders, arbitrators, and such other employees as it may
deem necessary to perform its functions. The governing boards
shall prescribe the duties and qualifications of such persons
appointed and, subject to the annual appropriation, fix their
compensation and provide for reimbursement of actual and
necessary expenses incurred in the performance of their
duties. The Board shall employ a minimum of 16 attorneys and 6

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investigators.
(h) Each panel shall exercise general supervision over all
attorneys which it employs and over the other persons employed
to provide necessary support services for such attorneys. The
panels shall have final authority in respect to complaints
brought pursuant to this Act.
(i) The following rules and regulations shall be adopted
by the panels meeting in joint session: (1) procedural rules
and regulations which shall govern all Board proceedings; (2)
procedures for election of exclusive bargaining
representatives pursuant to Section 9, except for the
determination of appropriate bargaining units; and (3)
appointment of counsel pursuant to subsection (k) of this
Section.
(j) Rules and regulations may be adopted, amended or
rescinded only upon a vote of 5 of the members of the State and
Local Panels meeting in joint session. The adoption, amendment
or rescission of rules and regulations shall be in conformity
with the requirements of the Illinois Administrative Procedure
Act.
(k) The panels in joint session shall promulgate rules and
regulations providing for the appointment of attorneys or
other Board representatives to represent persons in unfair
labor practice proceedings before a panel. The regulations
governing appointment shall require the applicant to
demonstrate an inability to pay for or inability to otherwise

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provide for adequate representation before a panel. Such rules
must also provide: (1) that an attorney may not be appointed in
cases which, in the opinion of a panel, are clearly without
merit; (2) the stage of the unfair labor proceeding at which
counsel will be appointed; and (3) the circumstances under
which a client will be allowed to select counsel.
(1) The panels in joint session may promulgate rules and
regulations which allow parties in proceedings before a panel
to be represented by counsel or any other representative of
the party's choice.
(m) The Chairman of the State Panel shall serve as
Chairman of a joint session of the panels. Attendance of at
least 2 members of the State Panel and at least one member of
the Local Panel, in addition to the Chairman, shall constitute
a quorum at a joint session. The panels shall meet in joint
session at least annually.
(Source: P.A. 96-813, eff. 10-30-09.)
(5 ILCS 315/15) (from Ch. 48, par. 1615)
(Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 15. Act Takes Precedence.
(a) In case of any conflict between the provisions of this
Act and any other law (other than Section 5 of the State
Employees Group Insurance Act of 1971 and other than the
changes made to the Illinois Pension Code by this amendatory

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Act of the 96th General Assembly), executive order or
administrative regulation relating to wages, hours and
conditions of employment and employment relations, the
provisions of this Act or any collective bargaining agreement
negotiated thereunder shall prevail and control. Nothing in
this Act shall be construed to replace or diminish the rights
of employees established by Sections 4.14 through 4.18 of the
Metropolitan Mobility Authority Act Sections 28 and 28a of the
Metropolitan Transit Authority Act, Sections 2.15 through 2.19
of the Regional Transportation Authority Act. The provisions
of this Act are subject to Section 5 of the State Employees
Group Insurance Act of 1971. Nothing in this Act shall be
construed to replace the necessity of complaints against a
sworn peace officer, as defined in Section 2(a) of the Uniform
Peace Officer Disciplinary Act, from having a complaint
supported by a sworn affidavit.
(b) Except as provided in subsection (a) above, any
collective bargaining contract between a public employer and a
labor organization executed pursuant to this Act shall
supersede any contrary statutes, charters, ordinances, rules
or regulations relating to wages, hours and conditions of
employment and employment relations adopted by the public
employer or its agents. Any collective bargaining agreement
entered into prior to the effective date of this Act shall
remain in full force during its duration.
(c) It is the public policy of this State, pursuant to

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paragraphs (h) and (i) of Section 6 of Article VII of the
Illinois Constitution, that the provisions of this Act are the
exclusive exercise by the State of powers and functions which
might otherwise be exercised by home rule units. Such powers
and functions may not be exercised concurrently, either
directly or indirectly, by any unit of local government,
including any home rule unit, except as otherwise authorized
by this Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11.)
Section 20.05. The State Employees Group Insurance Act of
1971 is amended by changing Section 2.5 as follows:
(5 ILCS 375/2.5)
Sec. 2.5. Application to Metropolitan Mobility Regional
Transportation Authority Board members. Notwithstanding any
other provision of this Act to the contrary, this Act does not
apply to any member of the Regional Transportation Authority
Board or the Metropolitan Mobility Authority Board who first
becomes a member of either that Board on or after July 23, 2013
(the effective date of Public Act 98-108) with respect to
service of either that Board.
(Source: P.A. 98-108, eff. 7-23-13; 98-756, eff. 7-16-14.)
Section 20.06. The State Officials and Employees Ethics
Act is amended by changing Sections 1-5, 20-5, 20-10, 75-5,

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and 75-10 and by changing the heading of Article 75 as follows:
(5 ILCS 430/1-5)
Sec. 1-5. Definitions. As used in this Act:
"Appointee" means a person appointed to a position in or
with a State agency, regardless of whether the position is
compensated.
"Board members of Regional Development Authorities" means
any person appointed to serve on the governing board of a
Regional Development Authority.
"Board members of the Regional Transit Board Boards" means
any person appointed to serve on the governing board of the
Metropolitan Mobility Authority Board a Regional Transit
Board.
"Campaign for elective office" means any activity in
furtherance of an effort to influence the selection,
nomination, election, or appointment of any individual to any
federal, State, or local public office or office in a
political organization, or the selection, nomination, or
election of Presidential or Vice-Presidential electors, but
does not include activities (i) relating to the support or
opposition of any executive, legislative, or administrative
action (as those terms are defined in Section 2 of the Lobbyist
Registration Act), (ii) relating to collective bargaining, or
(iii) that are otherwise in furtherance of the person's
official State duties.

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"Candidate" means a person who has filed nominating papers
or petitions for nomination or election to an elected State
office, or who has been appointed to fill a vacancy in
nomination, and who remains eligible for placement on the
ballot at either a general primary election or general
election.
"Collective bargaining" has the same meaning as that term
is defined in Section 3 of the Illinois Public Labor Relations
Act.
"Commission" means an ethics commission created by this
Act.
"Compensated time" means any time worked by or credited to
a State employee that counts toward any minimum work time
requirement imposed as a condition of employment with a State
agency, but does not include any designated State holidays or
any period when the employee is on a leave of absence.
"Compensatory time off" means authorized time off earned
by or awarded to a State employee to compensate in whole or in
part for time worked in excess of the minimum work time
required of that employee as a condition of employment with a
State agency.
"Contribution" has the same meaning as that term is
defined in Section 9-1.4 of the Election Code.
"Employee" means (i) any person employed full-time,
part-time, or pursuant to a contract and whose employment
duties are subject to the direction and control of an employer

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with regard to the material details of how the work is to be
performed or (ii) any appointed or elected commissioner,
trustee, director, or board member of a board of a State
agency, including any retirement system or investment board
subject to the Illinois Pension Code or (iii) any other
appointee.
"Employment benefits" include but are not limited to the
following: modified compensation or benefit terms; compensated
time off; or change of title, job duties, or location of office
or employment. An employment benefit may also include
favorable treatment in determining whether to bring any
disciplinary or similar action or favorable treatment during
the course of any disciplinary or similar action or other
performance review.
"Executive branch constitutional officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer.
"Gift" means any gratuity, discount, entertainment,
hospitality, loan, forbearance, or other tangible or
intangible item having monetary value including, but not
limited to, cash, food and drink, and honoraria for speaking
engagements related to or attributable to government
employment or the official position of an employee, member, or
officer. The value of a gift may be further defined by rules
adopted by the appropriate ethics commission or by the Auditor
General for the Auditor General and for employees of the

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office of the Auditor General.
"Governmental entity" means a unit of local government
(including a community college district) or a school district
but not a State agency, a Regional Transit Board, or a Regional
Development Authority.
"Leave of absence" means any period during which a State
employee does not receive (i) compensation for State
employment, (ii) service credit towards State pension
benefits, and (iii) health insurance benefits paid for by the
State.
"Legislative branch constitutional officer" means a member
of the General Assembly and the Auditor General.
"Legislative leader" means the President and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives.
"Member" means a member of the General Assembly.
"Officer" means an executive branch constitutional officer
or a legislative branch constitutional officer.
"Political" means any activity in support of or in
connection with any campaign for elective office or any
political organization, but does not include activities (i)
relating to the support or opposition of any executive,
legislative, or administrative action (as those terms are
defined in Section 2 of the Lobbyist Registration Act), (ii)
relating to collective bargaining, or (iii) that are otherwise
in furtherance of the person's official State duties or

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governmental and public service functions.
"Political organization" means a party, committee,
association, fund, or other organization (whether or not
incorporated) that is required to file a statement of
organization with the State Board of Elections or a county
clerk under Section 9-3 of the Election Code, but only with
regard to those activities that require filing with the State
Board of Elections or a county clerk.
"Prohibited political activity" means:
(1) Preparing for, organizing, or participating in any
political meeting, political rally, political
demonstration, or other political event.
(2) Soliciting contributions, including but not
limited to the purchase of, selling, distributing, or
receiving payment for tickets for any political
fundraiser, political meeting, or other political event.
(3) Soliciting, planning the solicitation of, or
preparing any document or report regarding any thing of
value intended as a campaign contribution.
(4) Planning, conducting, or participating in a public
opinion poll in connection with a campaign for elective
office or on behalf of a political organization for
political purposes or for or against any referendum
question.
(5) Surveying or gathering information from potential
or actual voters in an election to determine probable vote

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outcome in connection with a campaign for elective office
or on behalf of a political organization for political
purposes or for or against any referendum question.
(6) Assisting at the polls on election day on behalf
of any political organization or candidate for elective
office or for or against any referendum question.
(7) Soliciting votes on behalf of a candidate for
elective office or a political organization or for or
against any referendum question or helping in an effort to
get voters to the polls.
(8) Initiating for circulation, preparing,
circulating, reviewing, or filing any petition on behalf
of a candidate for elective office or for or against any
referendum question.
(9) Making contributions on behalf of any candidate
for elective office in that capacity or in connection with
a campaign for elective office.
(10) Preparing or reviewing responses to candidate
questionnaires in connection with a campaign for elective
office or on behalf of a political organization for
political purposes.
(11) Distributing, preparing for distribution, or
mailing campaign literature, campaign signs, or other
campaign material on behalf of any candidate for elective
office or for or against any referendum question.
(12) Campaigning for any elective office or for or

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against any referendum question.
(13) Managing or working on a campaign for elective
office or for or against any referendum question.
(14) Serving as a delegate, alternate, or proxy to a
political party convention.
(15) Participating in any recount or challenge to the
outcome of any election, except to the extent that under
subsection (d) of Section 6 of Article IV of the Illinois
Constitution each house of the General Assembly shall
judge the elections, returns, and qualifications of its
members.
"Prohibited source" means any person or entity who:
(1) is seeking official action (i) by the member or
officer or (ii) in the case of an employee, by the employee
or by the member, officer, State agency, or other employee
directing the employee;
(2) does business or seeks to do business (i) with the
member or officer or (ii) in the case of an employee, with
the employee or with the member, officer, State agency, or
other employee directing the employee;
(3) conducts activities regulated (i) by the member or
officer or (ii) in the case of an employee, by the employee
or by the member, officer, State agency, or other employee
directing the employee;
(4) has interests that may be substantially affected
by the performance or non-performance of the official

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duties of the member, officer, or employee;
(5) is registered or required to be registered with
the Secretary of State under the Lobbyist Registration
Act, except that an entity not otherwise a prohibited
source does not become a prohibited source merely because
a registered lobbyist is one of its members or serves on
its board of directors; or
(6) is an agent of, a spouse of, or an immediate family
member who is living with a "prohibited source".
"Regional Development Authority" means the following
regional development authorities:
(1) the Central Illinois Economic Development
Authority created by the Central Illinois Economic
Development Authority Act;
(2) the Eastern Illinois Economic Development
Authority created by the Eastern Illinois Economic
Development Authority Act;
(3) the Joliet Arsenal Development Authority created
by the Joliet Arsenal Development Authority Act;
(4) the Quad Cities Regional Economic Development
Authority created by Quad Cities Regional Economic
Development Authority Act, approved September 22, 1987;
(5) the Riverdale Development Authority created by the
Riverdale Development Authority Act;
(6) the Southeastern Illinois Economic Development
Authority created by the Southeastern Illinois Economic

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Development Authority Act;
(7) the Southern Illinois Economic Development
Authority created by the Southern Illinois Economic
Development Authority Act;
(8) the Southwestern Illinois Development Authority
created by the Southwestern Illinois Development Authority
Act;
(9) the Tri-County River Valley Development Authority
created by the Tri-County River Valley Development
Authority Law;
(10) the Upper Illinois River Valley Development
Authority created by the Upper Illinois River Valley
Development Authority Act;
(11) the Illinois Urban Development Authority created
by the Illinois Urban Development Authority Act;
(12) the Western Illinois Economic Development
Authority created by the Western Illinois Economic
Development Authority Act; and
(13) the Will-Kankakee Regional Development Authority
created by the Will-Kankakee Regional Development
Authority Law.
"Regional Transit Board Boards" means (i) the Metropolitan
Mobility Authority Board created by the Metropolitan Mobility
Authority Act Regional Transportation Authority created by the
Regional Transportation Authority Act, (ii) the Suburban Bus
Division created by the Regional Transportation Authority Act,

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(iii) the Commuter Rail Division created by the Regional
Transportation Authority Act, and (iv) the Chicago Transit
Authority created by the Metropolitan Transit Authority Act.
"State agency" includes all officers, boards, commissions
and agencies created by the Constitution, whether in the
executive or legislative branch; all officers, departments,
boards, commissions, agencies, institutions, authorities,
public institutions of higher learning as defined in Section 2
of the Higher Education Cooperation Act (except community
colleges), and bodies politic and corporate of the State; and
administrative units or corporate outgrowths of the State
government which are created by or pursuant to statute, other
than units of local government (including community college
districts) and their officers, school districts, and boards of
election commissioners; and all administrative units and
corporate outgrowths of the above and as may be created by
executive order of the Governor. "State agency" includes the
General Assembly, the Senate, the House of Representatives,
the President and Minority Leader of the Senate, the Speaker
and Minority Leader of the House of Representatives, the
Senate Operations Commission, and the legislative support
services agencies. "State agency" includes the Office of the
Auditor General. "State agency" does not include the judicial
branch.
"State employee" means any employee of a State agency.
"Ultimate jurisdictional authority" means the following:

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(1) For members, legislative partisan staff, and
legislative secretaries, the appropriate legislative
leader: President of the Senate, Minority Leader of the
Senate, Speaker of the House of Representatives, or
Minority Leader of the House of Representatives.
(2) For State employees who are professional staff or
employees of the Senate and not covered under item (1),
the Senate Operations Commission.
(3) For State employees who are professional staff or
employees of the House of Representatives and not covered
under item (1), the Speaker of the House of
Representatives.
(4) For State employees who are employees of the
legislative support services agencies, the Joint Committee
on Legislative Support Services.
(5) For State employees of the Auditor General, the
Auditor General.
(6) For State employees of public institutions of
higher learning as defined in Section 2 of the Higher
Education Cooperation Act (except community colleges), the
board of trustees of the appropriate public institution of
higher learning.
(7) For State employees of an executive branch
constitutional officer other than those described in
paragraph (6), the appropriate executive branch
constitutional officer.

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(8) For State employees not under the jurisdiction of
paragraph (1), (2), (3), (4), (5), (6), or (7), the
Governor.
(9) (Blank). For employees of Regional Transit Boards,
the appropriate Regional Transit Board.
(10) For board members of the Regional Transit Board
Boards, the Governor.
(11) For employees of Regional Development
Authorities, the appropriate Regional Development
Authority.
(12) For board members of Regional Development
Authorities, the Governor.
(Source: P.A. 103-517, eff. 8-11-23.)
(5 ILCS 430/20-5)
Sec. 20-5. Executive Ethics Commission.
(a) The Executive Ethics Commission is created.
(b) The Executive Ethics Commission shall consist of 9
commissioners. The Governor shall appoint 5 commissioners, and
the Attorney General, Secretary of State, Comptroller, and
Treasurer shall each appoint one commissioner. Appointments
shall be made by and with the advice and consent of the Senate
by three-fifths of the elected members concurring by record
vote. Any nomination not acted upon by the Senate within 60
session days of the receipt thereof shall be deemed to have
received the advice and consent of the Senate. If, during a

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recess of the Senate, there is a vacancy in an office of
commissioner, the appointing authority shall make a temporary
appointment until the next meeting of the Senate when the
appointing authority shall make a nomination to fill that
office. No person rejected for an office of commissioner
shall, except by the Senate's request, be nominated again for
that office at the same session of the Senate or be appointed
to that office during a recess of that Senate. No more than 5
commissioners may be of the same political party.
The terms of the initial commissioners shall commence upon
qualification. Four initial appointees of the Governor, as
designated by the Governor, shall serve terms running through
June 30, 2007. One initial appointee of the Governor, as
designated by the Governor, and the initial appointees of the
Attorney General, Secretary of State, Comptroller, and
Treasurer shall serve terms running through June 30, 2008. The
initial appointments shall be made within 60 days after the
effective date of this Act.
After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fourth following year.
Commissioners may be reappointed to one or more subsequent
terms.
Vacancies occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the commissioner whose office is vacant.

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Terms shall run regardless of whether the position is
filled.
(c) The appointing authorities shall appoint commissioners
who have experience holding governmental office or employment
and shall appoint commissioners from the general public. A
person is not eligible to serve as a commissioner if that
person (i) has been convicted of a felony or a crime of
dishonesty or moral turpitude, (ii) is, or was within the
preceding 12 months, engaged in activities that require
registration under the Lobbyist Registration Act, (iii) is
related to the appointing authority, or (iv) is a State
officer or employee.
(d) The Executive Ethics Commission shall have
jurisdiction over all officers and employees of State agencies
other than the General Assembly, the Senate, the House of
Representatives, the President and Minority Leader of the
Senate, the Speaker and Minority Leader of the House of
Representatives, the Senate Operations Commission, the
legislative support services agencies, and the Office of the
Auditor General. The Executive Ethics Commission shall have
jurisdiction over all board members and employees of the
Regional Transit Board Boards and all board members and
employees of Regional Development Authorities. The
jurisdiction of the Commission is limited to matters arising
under this Act, except as provided in subsection (d-5).
A member or legislative branch State employee serving on

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an executive branch board or commission remains subject to the
jurisdiction of the Legislative Ethics Commission and is not
subject to the jurisdiction of the Executive Ethics
Commission.
(d-5) The Executive Ethics Commission shall have
jurisdiction over all chief procurement officers and
procurement compliance monitors and their respective staffs.
The Executive Ethics Commission shall have jurisdiction over
any matters arising under the Illinois Procurement Code if the
Commission is given explicit authority in that Code.
(d-6) (1) The Executive Ethics Commission shall have
jurisdiction over the Illinois Power Agency and its staff. The
Director of the Agency shall be appointed by a majority of the
commissioners of the Executive Ethics Commission, subject to
Senate confirmation, for a term of 2 years. The Director is
removable for cause by a majority of the Commission upon a
finding of neglect, malfeasance, absence, or incompetence.
(2) In case of a vacancy in the office of Director of the
Illinois Power Agency during a recess of the Senate, the
Executive Ethics Commission may make a temporary appointment
until the next meeting of the Senate, at which time the
Executive Ethics Commission shall nominate some person to fill
the office, and any person so nominated who is confirmed by the
Senate shall hold office during the remainder of the term and
until his or her successor is appointed and qualified. Nothing
in this subsection shall prohibit the Executive Ethics

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Commission from removing a temporary appointee or from
appointing a temporary appointee as the Director of the
Illinois Power Agency.
(3) Prior to June 1, 2012, the Executive Ethics Commission
may, until the Director of the Illinois Power Agency is
appointed and qualified or a temporary appointment is made
pursuant to paragraph (2) of this subsection, designate some
person as an acting Director to execute the powers and
discharge the duties vested by law in that Director. An acting
Director shall serve no later than 60 calendar days, or upon
the making of an appointment pursuant to paragraph (1) or (2)
of this subsection, whichever is earlier. Nothing in this
subsection shall prohibit the Executive Ethics Commission from
removing an acting Director or from appointing an acting
Director as the Director of the Illinois Power Agency.
(4) No person rejected by the Senate for the office of
Director of the Illinois Power Agency shall, except at the
Senate's request, be nominated again for that office at the
same session or be appointed to that office during a recess of
that Senate.
(d-7) The Executive Ethics Commission shall have
jurisdiction over complainants and respondents in violation of
subsection (d) of Section 20-90.
(e) The Executive Ethics Commission must meet, either in
person or by other technological means, at least monthly and
as often as necessary. At the first meeting of the Executive

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Ethics Commission, the commissioners shall choose from their
number a chairperson and other officers that they deem
appropriate. The terms of officers shall be for 2 years
commencing July 1 and running through June 30 of the second
following year. Meetings shall be held at the call of the
chairperson or any 3 commissioners. Official action by the
Commission shall require the affirmative vote of 5
commissioners, and a quorum shall consist of 5 commissioners.
Commissioners shall receive compensation in an amount equal to
the compensation of members of the State Board of Elections
and may be reimbursed for their reasonable expenses actually
incurred in the performance of their duties.
(f) No commissioner or employee of the Executive Ethics
Commission may during his or her term of appointment or
employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
(g) An appointing authority may remove a commissioner only

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for cause.
(h) The Executive Ethics Commission shall appoint an
Executive Director. The compensation of the Executive Director
shall be as determined by the Commission. The Executive
Director of the Executive Ethics Commission may employ and
determine the compensation of staff, as appropriations permit.
(i) The Executive Ethics Commission shall appoint, by a
majority of the members appointed to the Commission, chief
procurement officers and may appoint procurement compliance
monitors in accordance with the provisions of the Illinois
Procurement Code. The compensation of a chief procurement
officer and procurement compliance monitor shall be determined
by the Commission.
(Source: P.A. 103-517, eff. 8-11-23.)
(5 ILCS 430/20-10)
Sec. 20-10. Offices of Executive Inspectors General.
(a) Five independent Offices of the Executive Inspector
General are created, one each for the Governor, the Attorney
General, the Secretary of State, the Comptroller, and the
Treasurer. Each Office shall be under the direction and
supervision of an Executive Inspector General and shall be a
fully independent office with separate appropriations.
(b) The Governor, Attorney General, Secretary of State,
Comptroller, and Treasurer shall each appoint an Executive
Inspector General, without regard to political affiliation and

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solely on the basis of integrity and demonstrated ability.
Appointments shall be made by and with the advice and consent
of the Senate by three-fifths of the elected members
concurring by record vote. Any nomination not acted upon by
the Senate within 60 session days of the receipt thereof shall
be deemed to have received the advice and consent of the
Senate. If, during a recess of the Senate, there is a vacancy
in an office of Executive Inspector General, the appointing
authority shall make a temporary appointment until the next
meeting of the Senate when the appointing authority shall make
a nomination to fill that office. No person rejected for an
office of Executive Inspector General shall, except by the
Senate's request, be nominated again for that office at the
same session of the Senate or be appointed to that office
during a recess of that Senate.
Nothing in this Article precludes the appointment by the
Governor, Attorney General, Secretary of State, Comptroller,
or Treasurer of any other inspector general required or
permitted by law. The Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer each may appoint an existing
inspector general as the Executive Inspector General required
by this Article, provided that such an inspector general is
not prohibited by law, rule, jurisdiction, qualification, or
interest from serving as the Executive Inspector General
required by this Article. An appointing authority may not
appoint a relative as an Executive Inspector General.

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Each Executive Inspector General shall have the following
qualifications:
(1) has not been convicted of any felony under the
laws of this State, another State, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (A) with
a federal, State, or local law enforcement agency, at
least 2 years of which have been in a progressive
investigatory capacity; (B) as a federal, State, or local
prosecutor; (C) as a senior manager or executive of a
federal, State, or local agency; (D) as a member, an
officer, or a State or federal judge; or (E) representing
any combination of items (A) through (D).
The term of each initial Executive Inspector General shall
commence upon qualification and shall run through June 30,
2008. The initial appointments shall be made within 60 days
after the effective date of this Act.
After the initial term, each Executive Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. An Executive Inspector General may be
reappointed to one or more subsequent terms.
A vacancy occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the Executive Inspector General whose office is

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vacant.
Terms shall run regardless of whether the position is
filled.
(c) The Executive Inspector General appointed by the
Attorney General shall have jurisdiction over the Attorney
General and all officers and employees of, and vendors and
others doing business with, State agencies within the
jurisdiction of the Attorney General. The Executive Inspector
General appointed by the Secretary of State shall have
jurisdiction over the Secretary of State and all officers and
employees of, and vendors and others doing business with,
State agencies within the jurisdiction of the Secretary of
State. The Executive Inspector General appointed by the
Comptroller shall have jurisdiction over the Comptroller and
all officers and employees of, and vendors and others doing
business with, State agencies within the jurisdiction of the
Comptroller. The Executive Inspector General appointed by the
Treasurer shall have jurisdiction over the Treasurer and all
officers and employees of, and vendors and others doing
business with, State agencies within the jurisdiction of the
Treasurer. The Executive Inspector General appointed by the
Governor shall have jurisdiction over (i) the Governor, (ii)
the Lieutenant Governor, (iii) all officers and employees of,
and vendors and others doing business with, executive branch
State agencies under the jurisdiction of the Executive Ethics
Commission and not within the jurisdiction of the Attorney

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General, the Secretary of State, the Comptroller, or the
Treasurer, (iv) all board members and employees of the
Regional Transit Board Boards and all vendors and others doing
business with the Regional Transit Board Boards, and (v) all
board members and employees of the Regional Development
Authorities and all vendors and others doing business with the
Regional Development Authorities.
The jurisdiction of each Executive Inspector General is to
investigate allegations of fraud, waste, abuse, mismanagement,
misconduct, nonfeasance, misfeasance, malfeasance, or
violations of this Act or violations of other related laws and
rules.
Each Executive Inspector General shall have jurisdiction
over complainants in violation of subsection (e) of Section
20-63 for disclosing a summary report prepared by the
respective Executive Inspector General.
(d) The compensation for each Executive Inspector General
shall be determined by the Executive Ethics Commission and
shall be provided from appropriations made to the Comptroller
for this purpose. For terms of office beginning on or after
July 1, 2023, each Executive Inspector General shall receive,
on July 1 of each year, beginning on July 1, 2024, an increase
in salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly.
Subject to Section 20-45 of this Act, each Executive Inspector
General has full authority to organize his or her Office of the

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Executive Inspector General, including the employment and
determination of the compensation of staff, such as deputies,
assistants, and other employees, as appropriations permit. A
separate appropriation shall be made for each Office of
Executive Inspector General.
(e) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, during his or
her term of appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
In this subsection an appointed public office means a
position authorized by law that is filled by an appointing
authority as provided by law and does not include employment
by hiring in the ordinary course of business.
(e-1) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, for one year
after the termination of his or her appointment or employment:
(1) become a candidate for any elective office;

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(2) hold any elected public office; or
(3) hold any appointed State, county, or local
judicial office.
(e-2) The requirements of item (3) of subsection (e-1) may
be waived by the Executive Ethics Commission.
(f) An Executive Inspector General may be removed only for
cause and may be removed only by the appointing constitutional
officer. At the time of the removal, the appointing
constitutional officer must report to the Executive Ethics
Commission the justification for the removal.
(Source: P.A. 102-558, eff. 8-20-21; 102-1115, eff. 1-9-23;
103-517, eff. 8-11-23.)
(5 ILCS 430/Art. 75 heading)
ARTICLE 75. REGIONAL TRANSIT BOARD BOARDS
AND REGIONAL DEVELOPMENT AUTHORITIES
(Source: P.A. 103-517, eff. 8-11-23.)
(5 ILCS 430/75-5)
Sec. 75-5. Application of the State Officials and
Employees Ethics Act to the Regional Transit Board Boards and
Regional Development Authorities.
(a) The provisions of Articles 1, 5, 10, 20, and 50 of this
Act, as well as this Article, apply to the Regional Transit
Board Boards and Regional Development Authorities. As used in
Articles 1, 5, 10, 20, 50, and 75, (i) "appointee" and

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"officer" include a person appointed to serve on the board of a
Regional Transit Board or a board of a Regional Development
Authority, and (ii) "employee" and "State employee" include:
(A) a full-time, part-time, or contractual employee of a
Regional Transit Board or a Regional Development Authority;
and (B) Authority leaders of a Regional Development Authority.
As used in this subsection, "Authority leader" has the meaning
given to that term in the various Acts and Laws creating the
Regional Development Authorities.
(b) The Executive Ethics Commission shall have
jurisdiction over all board members and employees of the
Regional Transit Board Boards and Regional Development
Authorities. The Executive Inspector General appointed by the
Governor shall have jurisdiction over all board members,
employees, vendors, and others doing business with the
Regional Transit Board Boards and Regional Development
Authorities to investigate allegations of fraud, waste, abuse,
mismanagement, misconduct, nonfeasance, misfeasance,
malfeasance, or violations of this Act.
(Source: P.A. 103-517, eff. 8-11-23.)
(5 ILCS 430/75-10)
Sec. 75-10. Coordination between Executive Inspector
General and Inspectors General appointed by Regional Transit
Board Boards.
(a) Nothing in this amendatory Act of the 96th General

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Assembly precludes the a Regional Transit Board from
appointing or employing an Inspector General to serve under
the jurisdiction of the a Regional Transit Board to receive
complaints and conduct investigations in accordance with an
ordinance or resolution adopted by that respective Board,
provided he or she is approved by the Executive Ethics
Commission. The A Regional Transit Board shall notify the
Executive Ethics Commission within 10 days after employing or
appointing a person to serve as Inspector General, and the
Executive Ethics Commission shall approve or reject the
appointment or employment of the Inspector General. Any
notification not acted upon by the Executive Ethics Commission
within 60 days after its receipt shall be deemed to have
received the approval of the Executive Ethics Commission.
Within 30 days after the effective date of this amendatory Act
of the 96th General Assembly, a Regional Transit Board shall
notify the Executive Ethics Commission of any person serving
on the effective date of this amendatory Act as an Inspector
General for the Regional Transit Board, and the Executive
Ethics Commission shall approve or reject the appointment or
employment within 30 days after receipt of the notification,
provided that any notification not acted upon by the Executive
Ethics Commission within 30 days shall be deemed to have
received approval. No person rejected by the Executive Ethics
Commission shall serve as an Inspector General for the a
Regional Transit Board for a term of 5 years after being

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rejected by the Commission. For purposes of this subsection
(a), any person appointed or employed by a Transit Board to
receive complaints and investigate allegations of fraud,
waste, abuse, mismanagement, misconduct, nonfeasance,
misfeasance, malfeasance, or violations of this Act shall be
considered an Inspector General and shall be subject to
approval of the Executive Ethics Commission.
(b) The Executive Inspector General appointed by the
Governor shall have exclusive jurisdiction to investigate
complaints or allegations of violations of this Act and, in
his or her discretion, may investigate other complaints or
allegations. Complaints or allegations of a violation of this
Act received by an Inspector General appointed or employed by
the a Regional Transit Board shall be immediately referred to
the Executive Inspector General. The Executive Inspector
General shall have authority to assume responsibility and
investigate any complaint or allegation received by an
Inspector General appointed or employed by the a Regional
Transit Board. In the event the Executive Inspector General
provides written notification of intent to assume
investigatory responsibility for a complaint, allegation, or
ongoing investigation, the Inspector General appointed or
employed by the a Regional Transit Board shall cease review of
the complaint, allegation, or ongoing investigation and
provide all information to the Executive Inspector General.
The Executive Inspector General may delegate responsibility

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for an investigation to the Inspector General appointed or
employed by the a Regional Transit Board. In the event the
Executive Inspector General provides an Inspector General
appointed or employed by the a Regional Transit Board with
written notification of intent to delegate investigatory
responsibility for a complaint, allegation, or ongoing
investigation, the Executive Inspector General shall provide
all information to the Inspector General appointed or employed
by the a Regional Transit Board.
(c) An Inspector General appointed or employed by the a
Regional Transit Board shall provide a monthly activity report
to the Executive Inspector General indicating:
(1) the total number of complaints or allegations
received since the date of the last report and a
description of each complaint;
(2) the number of investigations pending as of the
reporting date and the status of each investigation;
(3) the number of investigations concluded since the
date of the last report and the result of each
investigation; and
(4) the status of any investigation delegated by the
Executive Inspector General.
An Inspector General appointed or employed by the a
Regional Transit Board and the Executive Inspector General
shall cooperate and share resources or information as
necessary to implement the provisions of this Article.

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(d) Reports filed under this Section are exempt from the
Freedom of Information Act and shall be deemed confidential.
Investigatory files and reports prepared by the Office of the
Executive Inspector General and the Office of an Inspector
General appointed or employed by the a Regional Transit Board
may be disclosed between the Offices as necessary to implement
the provisions of this Article.
(Source: P.A. 96-1528, eff. 7-1-11.)
Section 20.07. The Illinois Act on the Aging is amended by
changing Section 4.15 as follows:
(20 ILCS 105/4.15)
Sec. 4.15. Eligibility determinations.
(a) The Department is authorized to make eligibility
determinations for benefits administered by other governmental
bodies based on the Senior Citizens and Persons with
Disabilities Property Tax Relief Act as follows:
(i) for the Secretary of State with respect to reduced
fees paid by qualified vehicle owners under the Illinois
Vehicle Code;
(ii) for special districts that offer free fixed-route
fixed route public transportation services for qualified
older adults under the Local Mass Transit District Act,
the Metropolitan Transit Authority Act, and the
Metropolitan Mobility Regional Transportation Authority

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Act; and
(iii) for special districts that offer transit
services for qualified individuals with disabilities under
the Local Mass Transit District Act, the Metropolitan
Transit Authority Act, and the Metropolitan Mobility
Regional Transportation Authority Act.
(b) The Department shall establish the manner by which
claimants shall apply for these benefits. The Department is
authorized to promulgate rules regarding the following
matters: the application cycle; the application process; the
content for an electronic application; required personal
identification information; acceptable proof of eligibility as
to age, disability status, marital status, residency, and
household income limits; household composition; calculating
income; use of social security numbers; duration of
eligibility determinations; and any other matters necessary
for such administrative operations.
(c) All information received by the Department from an
application or from any investigation to determine eligibility
for benefits shall be confidential, except for official
purposes.
(d) A person may not under any circumstances charge a fee
to a claimant for assistance in completing an application form
for these benefits.
(Source: P.A. 98-887, eff. 8-15-14; 99-143, eff. 7-27-15.)

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Section 20.08. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-55.5 as follows:
(20 ILCS 2310/2310-55.5)
Sec. 2310-55.5. Free and reduced fare services. The
Metropolitan Mobility Regional Transportation Authority shall
monthly provide the Department with a list of riders that
receive free or reduced fares under the Metropolitan Mobility
Regional Transportation Authority Act. The list shall include
an individual's name, address, and date of birth. The
Department shall, within 2 weeks after receipt of the list,
report back to the Metropolitan Mobility Regional
Transportation Authority any discrepancies that indicate that
a rider receiving free or reduced fare services is deceased.
(Source: P.A. 97-781, eff. 1-1-13.)
(20 ILCS 2605/2605-340 rep.)
Section 20.09. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by repealing
Section 2605-340.
Section 20.10. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2705-203, 2705-300, 2705-305, 2705-310, 2705-315, and
2705-440 and by adding Sections 2705-204 and 2705-594 as

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follows:
(20 ILCS 2705/2705-203)
Sec. 2705-203. Transportation asset management plan and
performance-based programming.
(a) The General Assembly declares it to be in the public
interest that a project prioritization process be developed
and implemented to: improve the efficiency and effectiveness
of the State's transportation system and transportation
safety; enhance movement and multi-modal connections of people
and goods; mitigate environmental impacts; and promote
inclusive economic growth throughout the State.
(b) In accordance with Section 2705-200, the Department of
Transportation shall develop and publish a statewide
multi-modal transportation improvement program for all
transportation facilities under its jurisdiction. The
development of the program shall use the following methods:
(1) use transportation system information to make
investment and policy decisions to achieve statewide and
regional performance goals established in the State's
long-range transportation plan;
(2) ensure transportation investment decisions emerge
from an objective and quantifiable technical analysis;
(3) evaluate the need and financial support necessary
for maintaining, expanding, and modernizing existing
transportation infrastructure;

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(4) ensure that all State transportation funds
invested are directed to support progress toward the
achievement of performance targets established in the
State's long-range transportation plan;
(5) make investment decisions transparent and
accessible to the public;
(6) consider emissions and increase infrastructure
resilience to climate change; and
(7) reduce disparities in transportation system
performance experienced by racially marginalized
communities, low-income to moderate-income consumers, and
other disadvantaged groups and populations identified
under the Environmental Justice Act.
(c) The Department shall develop a risk-based, statewide
highway system asset management plan in accordance with 23
U.S.C. 119 and 23 CFR Part 515 to preserve and improve the
condition of highway and bridge assets and enhance the
performance of the system while minimizing the life-cycle
cost. The asset management plan shall be made publicly
available on the Department's website.
(d) The Department shall develop a needs-based transit
asset management plan for State-supported public
transportation assets, including vehicles, facilities,
equipment, and other infrastructure in accordance with 49 CFR
Part 625. The goal of the transit asset management plan is to
preserve and modernize capital transit assets that will

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enhance the performance of the transit system. Federally
required transit asset management plans developed by the
Metropolitan Mobility Authority Regional Transportation
Authority (RTA) or service boards, as defined in Section 1.03
of the Regional Transportation Authority Act, shall become the
transportation asset management plans for all public
transportation assets owned and operated by the Authority
service boards. The Department's transit asset management plan
shall be made publicly available on the Department's website.
The Metropolitan Mobility Authority RTA shall be responsible
for making public transit asset management plans for its
service area publicly available.
(e) The Department shall develop a performance-based
project selection process to prioritize taxpayer investment in
State-owned transportation assets that add capacity. The goal
of the process is to select projects through an evaluation
process. This process shall provide the ability to prioritize
projects based on geographic regions. The Department shall
solicit input from localities, metropolitan planning
organizations, transit authorities, transportation
authorities, representatives of labor and private businesses,
the public, community-based organizations, and other
stakeholders in its development of the prioritization process
pursuant to this subsection.
The selection process shall include a defined public
process by which candidate projects are evaluated and

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selected. The process shall include both a quantitative
analysis of the evaluation factors and qualitative review by
the Department. The Department may apply different weights to
the performance measures based on regional geography or
project type. Projects selected as part of the process will be
considered for inclusion in the State's multi-year
transportation program and the annual element of the
multi-year program. Starting April 1, 2022, no new capacity
project shall be included in the multi-year transportation
plan or annual element without being evaluated under the
selection process described in this Section. Existing projects
in the multi-year highway improvement program may be included
regardless of the outcome of using the performance-based
project selection tool. The policies that guide the
performance-based project selection process shall be derived
from State and regional long-range transportation plans. The
Department shall certify that it is making progress toward the
goals included in the State's long-range transportation plan.
All plan and program development based on the project
selection process described in this subsection shall include
consideration of regional balance. The selection process shall
be based on an objective and quantifiable analysis that
considers, at a minimum, the goals identified in the
long-range transportation plan and shall:
(1) consider emissions and increase infrastructure
resilience due to climate change; and

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(2) reduce disparities in transportation system
performance experienced by racially marginalized
communities, low-income to moderate-income consumers, and
other disadvantaged groups and populations identified
under the Environmental Justice Act.
(f) The prioritization process developed under subsection
(e) may apply only to State jurisdiction projects and not to:
(1) projects funded by the Congestion Mitigation and
Air Quality Improvement funds apportioned to the State
pursuant to 23 U.S.C. 104(b)(4) and State matching funds;
(2) projects funded by the Highway Safety Improvement
Program funds apportioned to the State pursuant to 23
U.S.C. 104(b)(3) and State matching funds;
(3) projects funded by the Transportation Alternatives
funds set-aside pursuant to 23 U.S.C. 133(h) and State
matching funds;
(4) projects funded by the National Highway Freight
Program pursuant to 23 U.S.C. 167 and State matching
funds;
(5) funds to be allocated to urban areas based on
population under federal law; and
(6) any new federal program that requires competitive
selection, distribution to local public agencies, or
specific eligibility.
(g) A summary of the project evaluation process, measures,
program, and scores for all candidate projects shall be

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published on the Department website in a timely manner.
(Source: P.A. 102-573, eff. 8-24-21.)
(20 ILCS 2705/2705-204 new)
Sec. 2705-204. Transportation planning and greenhouse gas
reduction.
(a) The General Assembly finds that:
(1) Article XI of the Illinois Constitution provides
that the public policy of the State and the duty of each
person is to provide and maintain a healthful environment
for the benefit of this and future generations.
(2) The transportation sector is now the largest
source of greenhouse gas emissions in the State.
(3) The State has previously set a goal to have an
electric power sector that is free of greenhouse gas
emissions by 2045.
(4) Greenhouse gas pollution resulting from the
production, distribution, and use of motor vehicle fuels
produces many social costs, including, but not limited to,
adverse public health impacts, increased heat waves,
droughts, water supply shortages, flooding, biodiversity
loss, and forest health issues, such as forest fires.
(5) The Illinois State Climatologist is projecting
that, by the end of the 21st Century, average daily
temperatures in the State will increase between 4 and 9
degrees Fahrenheit under a lower emissions scenario and

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between 8 and 14 degrees Fahrenheit under a higher
emissions scenario.
(6) Climate change of such speed and magnitude will
result in heat stress on animals, plants, and workers;
reduced crop yields from short-term and rapid-onset
drought; increased pestilence; and other challenges that
will adversely affect the State's agriculture sector.
(7) Increases in flooding, heat, and other factors
associated with climate change will stress the State's
transportation infrastructure, such as bridges and
roadways in low-lying areas, and will require more
resources to maintain roadways and other transportation
infrastructure.
(8) State investment in a clean transportation economy
in the State can expand equitable access to public health,
safety, a cleaner environment, quality jobs, and economic
opportunity.
(9) It is the public policy of the State to ensure that
State residents from communities disproportionately
impacted by climate change, communities facing automotive
plant closures, economically disadvantaged communities,
and individuals experiencing barriers to employment have
access to State programs and good jobs and career
opportunities in growing sectors of the State economy.
(10) To minimize any adverse environmental and health
impacts of planned transportation projects and to address

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inequitable distribution of the burdens of those projects,
it is necessary, appropriate, and in the best interests of
the State and its citizens to require the Department and
MPOs, which are the State's primary transportation
planning entities with responsibility for selecting and
funding transportation projects, to engage in an enhanced
level of planning, modeling, and other analysis, community
engagement, and monitoring with respect to those projects
as required by this Section.
(11) Subsection (a) of Section 15 of the Regional
Planning Act provides that the Chicago Metropolitan Agency
for Planning, whose Policy Committee is the MPO for
Northeastern Illinois, shall be responsible for developing
and adopting a funding and implementation strategy for an
integrated land use and transportation planning process.
(12) Section 48 of the Regional Planning Act provides
that the Chicago Metropolitan Agency for Planning shall
establish an incentive program to enable local governments
and developers to create more affordable workforce housing
options near jobs and transit, create jobs near existing
affordable workforce housing, create transit-oriented
development, integrate transportation and land use
planning, provide a range of viable transportation choices
in addition to the car, encourage compact and mixed-use
development, and support neighborhood revitalization.
(13) Paragraph (1) of subsection (a) of Section 5303

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of Title 49 of the United States Code (49 U.S.C.
5303(a)(1)) provides, in relevant part, that it is in the
national interest to better connect housing and
employment, while minimizing transportation-related fuel
consumption and air pollution through metropolitan and
statewide transportation planning processes.
(14) Subparagraph (A) of paragraph (4) of subsection
(k) of Section 5303 of Title 49 of the United States Code
(49 U.S.C. 5303(k)(4)(A)) provides that MPOs serving
transportation management areas may address the
integration of housing, transportation, and economic
development strategies through a process that provides for
effective integration, based on a cooperatively developed
and implemented strategy, of new and existing
transportation facilities eligible for funding.
(15) Subparagraph (C) of paragraph (4) of subsection
(k) of Section 5303 of Title 49 of the United States Code
(49 U.S.C. 5303(k)(4)(C)) provides that MPOs serving
transportation management areas may develop a housing
coordination plan that includes projects and strategies
that may be considered in the metropolitan transportation
plan of the MPO to develop regional goals for the
integration of housing, transportation, and economic
development strategies.
(16) Land use policies and practices that result in
shorter distances between where people reside and jobs and

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other destinations they seek to access and that facilitate
multimodal transportation options for the public are one
of the most effective tools to reduce greenhouse gas
emissions from the transportation sector and provide more
affordable transportation options.
(17) Transportation is the second-largest expense
category for most households and the cost of owning,
operating, and maintaining personal vehicles is a
significant burden for many households.
(18) Reducing vehicle miles traveled per person
through more efficient land use and transportation systems
will help the State achieve its greenhouse gas reduction
goals and reduce the transportation cost burden on State
households.
(19) To the maximum extent practicable, actions taken
to achieve these goals must avoid causing disproportionate
adverse impacts to residents of communities that are or
have been disproportionately exposed to pollution
affecting human health and environmental quality.
(b) As used in this Section:
"Applicable planning document" means an MPO's Regional
Transportation Plan or the Department's Long-Range State
Transportation Plan. "Applicable planning document" includes
amendments to such plans that add capacity expansion projects
or other projects resulting in a net increase in GHG
emissions.

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"Climate equity accessibility score" means a measurement
of the impact of certain transportation projects on (i) GHG
emissions, (ii) the accessibility of jobs and other
destinations to people residing in the project area, and (iii)
the affordability of transportation.
"CO2e" means the number of metric tons of carbon dioxide
emissions with the same global warming potential as one metric
ton of another greenhouse gas, is calculated using Equation
A-1 in 40 CFR 98.2, and allows for the comparison of emissions
of various different greenhouse gases with different global
warming potentials and the calculation of the relative impact
of the emissions on the environment over a standard time
period.
"Disproportionately impacted community" means the
residents within a census block group in which, according to
the most recent federal decennial census, more than 40% of the
households are low-income households, more than 40% of the
households identify as minority households, or more than 40%
of the households are housing cost-burdened, as defined by the
United States Census Bureau.
"Greenhouse gas emissions" or "GHG emissions" means
emissions of carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride,
and sulfur hexafluoride.
"Greenhouse gas emissions analysis" or "GHG emissions
analysis" means the analysis of the GHG emissions calculated

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as being generated by the projects and programs contained in
an applicable planning document.
"Greenhouse gas mitigation measure" or "GHG mitigation
measure" means a project, program, or policy established by
the Environmental Protection Agency by rule under subparagraph
(G) of paragraph (3) of subsection (c) that can reasonably be
expected to result in a quantifiable reduction in GHG
emissions and that would not be undertaken absent the need by
the Department or an MPO to reduce GHG emissions to meet their
greenhouse gas targets. "Greenhouse gas mitigation measure" or
"GHG mitigation measure" does not include a roadway capacity
expansion project. "Greenhouse gas mitigation measure" or "GHG
mitigation measure" includes:
(1) the addition of transit and other mobility
resources, including, but not limited to, shared bicycle
and scooter service, in a manner that will reduce VMT;
(2) improving pedestrian and bicycle access,
particularly in areas that allow individuals to reduce
multiple daily trips and better access transit;
(3) transportation demand management to reduce VMT per
capita, including, but not limited to, vanpool and shared
vehicle programs, remote work and other forms of virtual
access, and use of pricing and other incentives for
employees and other travelers to use less greenhouse gas
intensive travel modes;
(4) improving first-and-final mile access to transit

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stops and stations to make transit safer and more usable;
(5) improving the safety, efficiency, and Americans
with Disabilities Act compliance of crosswalks and
multiuse paths for pedestrians, bicyclists, and other
nonmotorized vehicles;
(6) changing parking and land use policies and
adjusting urban design requirements to encourage more
walking, bicycling, and transit trips per capita and
reduce VMT per capita;
(7) adoption or expansion of school bus, school
carpool, or school active transportation programs;
(8) electrifying loading docks to allow transportation
refrigeration units and auxiliary power units to be
plugged into the electric grid at the loading dock instead
of running on fossil fuels;
(9) accelerating the adoption of ebikes, neighborhood
electric carshare vehicles, and other forms of vehicles
that emit less greenhouse gas when manufactured and
operated; and
(10) other measures established or authorized by the
Environmental Protection Agency by rule that reduce GHG
emissions.
"Greenhouse gas target" or "GHG target" means the maximum
amount of greenhouse gas expressed as CO2e at each of the
various specified times established by subsection (c) that the
Department and MPOs must attain through their transportation

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planning and project prioritization and funding processes.
"Induced demand" means a concept from economics that as
supply increases and incurred costs decline, demand will
increase. This phenomenon has been widely observed and studied
in transportation systems where highways have been expanded to
alleviate road congestion problems, resulting in increases in
vehicle miles traveled.
"MPO" means a metropolitan planning organization
designated by agreement among the units of local government
and the Governor, charged with developing transportation plans
and programs in a metropolitan planning area under Section 134
of Title 23 of the United States Code.
"Mitigation action plan" means the plan for implementation
of GHG mitigation measures prepared by the Department or an
MPO.
"Other entities" means the entities referenced in
subsection (s).
"Roadway capacity expansion project" means a project that
would be included in the Department's State Transportation
Improvement Program as an MPO or significant project and that
(i) adds physical highway traffic capacity or provides for
grade separation at an intersection or (ii) uses intelligent
transportation system technology to increase the traffic
capacity of an existing highway by 10% or more. "Roadway
capacity expansion project" does not include a project whose
primary purpose is enhancing public transportation bus

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infrastructure or services. "Roadway capacity expansion
project" includes all project types, including those described
as maintenance or rehabilitation projects.
"Social cost of carbon" means the estimates of the social
cost of carbon adopted by the United States Environmental
Protection Agency, or such higher figure as adopted by the
Environmental Protection Agency, Department, or MPO under
subsection (o).
"STIP" means a State Transportation Improvement Program.
"TIP" means a Transportation Improvement Program.
"VMT" means vehicle miles traveled.
(c) By January 1, 2026, the Environmental Protection
Agency, after consultation with the Department and MPOs, must
establish, by rule, a schedule of GHG targets for GHG
emissions from the transportation sector in the State that:
(1) do not allow GHG emissions in the transportation
sector to exceed the greenhouse gas performance targets
established by the Environmental Protection Agency for the
transportation sector under subsection (p) of Section 9.15
of the Environmental Protection Act;
(2) specify GHG targets on a 5-year or more frequent
compliance year basis; and
(3) allocate GHG targets across the transportation
sector of the State, which:
(A) must provide for an allocation to each MPO for
their metropolitan region;

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(B) must provide for an allocation to the
Department for areas outside the boundaries of the
State's MPOs;
(C) must account for the differences in the
feasibility and extent of emissions reductions across
forms of land use and across regions of the State;
(D) must require that the Department and MPOs
factor in the impact of induced demand associated with
transportation projects and policies in calculating
the GHG emissions generated by their respective
transportation systems;
(E) must be based on the best available data and
modeling tools accessible to the Environmental
Protection Agency, such as the SHIFT calculator, after
consultation with other State agencies, universities,
the federal government, and other appropriate expert
sources;
(F) must include VMT targets necessary for the
Department and MPOs to meet their GHG targets;
(G) must set out standards and requirements for
acceptable GHG mitigation measures; and
(H) may include additional performance targets
based on Department district, metropolitan area,
geographic region, a per capita calculation,
transportation mode, or a combination thereof.
(d) When adopting or amending an applicable planning

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document, the Department and an MPO must conduct a GHG
emissions analysis that:
(1) includes (i) the existing transportation network,
(ii) the anticipated changes to that network as a result
of the projects contained in the applicable planning
document, and (iii) the projects in their STIP or TIP;
(2) estimates total CO2e emissions in millions of
metric tons for each applicable GHG target date
established under subsection (c);
(3) compares estimated total CO2e emissions against
the GHG targets applicable to the Department or MPO;
(4) compares the social cost of carbon for total
estimated CO2e emissions against the social cost of carbon
associated with each applicable GHG target;
(5) certifies whether the Department or MPO is in
compliance with its applicable GHG targets; and
(6) is published in full on the websites of the
Department or MPO.
(e) The Department, with assistance from the Environmental
Protection Agency, shall:
(1) provide technical assistance to MPOs in fulfilling
their responsibilities under this Section, including:
(A) assembling and sharing greenhouse gas-related
resources and transportation sector best practices in
managing GHG emissions;
(B) hosting peer reviews and exchanges of

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technical data, information, assistance, and related
activities;
(C) making Department staff resources accessible
to answer questions and provide in-depth assistance to
MPOs on specific issues;
(D) providing information about grants and other
funding opportunities;
(E) conducting evaluations of GHG emissions
analyses against national best practices;
(F) connecting MPOs to resources in public
agencies, universities, and elsewhere; and
(H) conducting other similar and related
activities to assist MPOs in fulfilling their
responsibilities;
(2) encourage use of consistent GHG emissions data,
assumptions, and methodology by the Department and MPOs;
(3) ensure that its planning processes under Sections
2705-200, 2705-203, and 2705-205 and its guidance to MPOs
under this subsection provide that at least the same level
of analytical scrutiny is given to greenhouse gas
pollutants as is given to other air pollutants of concern
in the State, and include consideration of the impact on
GHG emissions of induced demand resulting from roadway
capacity expansion projects;
(4) update its Metropolitan Planning Organization
Cooperative Operations Manual, as necessary;

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(5) review the GHG emissions analysis used by each MPO
to determine if the GHG emissions analysis is inclusive of
the complete, actual, and planned transportation network
in the applicable planning document and uses reasonable
GHG emissions forecasting data, assumptions, modeling, and
methodology:
(A) if the Department rejects the GHG emissions
analysis used by an MPO, the Department shall detail
the deficiencies and give the MPO an opportunity to
take corrective action;
(B) until the MPO takes appropriate corrective
action, the Department shall not approve the MPO's
applicable planning document, include the projects in
the MPO's applicable planning document in the
Department's STIP, or make a finding or otherwise
represent to the federal government or other
governmental agencies that the MPO is in compliance
with its legal obligations;
(C) if, after given an opportunity for corrective
action, an MPO does not submit an acceptable GHG
emissions analysis, the Department may substitute its
own GHG emissions analysis for planning and
programming purposes until the MPO produces an
acceptable GHG emissions analysis; and
(D) the Department shall establish an appropriate
process, including deadlines for timely completion of

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its review of MPO GHG emissions analyses and for
corrective action by MPOs where such is necessary;
(6) upon request of an MPO, provide the MPO with a GHG
emissions analysis that the MPO can use for purposes of
this Section in lieu of the MPO conducting its own GHG
emissions analysis; and
(7) adopt rules applicable to itself, MPOs, and
recipients of Department funding so the State can achieve
the transportation sector greenhouse gas emissions
reduction goals and targets set forth in subsections (c)
and (p) of Section 9.15 of the Environmental Protection
Act and administer the various processes and requirements
set forth in this Section.
(f) The Department and each MPO must use a GHG emissions
analysis to determine if their applicable planning document
will result in the Department or MPO meeting its GHG targets.
If a GHG emissions analysis determines that the Department or
MPO is more likely than not to fail to meet one or more of its
GHG targets, then the Department or MPO shall identify GHG
mitigation measures that are needed for the Department or MPO
to meet its GHG targets as follows:
(1) The Department or MPO shall submit a mitigation
action plan that identifies GHG mitigation measures needed
to meet the GHG targets and that includes:
(A) the anticipated start and completion date of
each GHG mitigation measure;

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(B) an estimate of the annual CO2e emissions
reductions achieved per year by the GHG mitigation
measure;
(C) an estimate of the impact of the GHG
mitigation measure on VMT;
(D) quantification of the specific co-benefits
from each GHG mitigation measure, including reduction
of copollutants, such as PM2.5 and NOx, as well as
travel impacts, such as changes to VMT, pedestrian or
bike use, and transit ridership;
(E) a description of any benefits to
disproportionately impacted communities from the GHG
mitigation measure, including an estimate of the total
amount spent on GHG mitigation measures in or designed
to serve disproportionately impacted communities; and
(F) a status report submitted annually and
published on its website for each GHG mitigation
measure that contains the following information
concerning each GHG mitigation measure:
(i) availability and timing of funding;
(ii) implementation timeline;
(iii) current status;
(iv) for GHG mitigation measures that are in
progress or completed, quantification of the
greenhouse gas impact of such GHG mitigation
measures and any co-benefits or detriments; and

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(v) for GHG mitigation measures that are
delayed, canceled, or substituted, an explanation
of why that decision was made and how these GHG
mitigation measures or the equivalent will be
achieved.
(2) GHG mitigation measures are sufficient if the
total GHG emissions reduction from the GHG mitigation
measures, after accounting for the GHG emissions otherwise
resulting from existing and planned projects in the
applicable planning document, results in the Department or
MPO meeting its GHG targets. Each comparison of GHG
emissions reductions and GHG targets under this subsection
must be performed over equal comparison periods.
(3) In the annual GHG mitigation measures status
report under subparagraph (F) of paragraph (1), the
Department or MPO shall certify whether its GHG mitigation
measures will be sufficient for the Department or MPO to
meet its GHG targets.
(g) If an applicable planning document does not meet the
GHG targets for each compliance year even after consideration
of any GHG mitigation measures, the Department may deem the
applicable planning document in compliance with this Section
and approved only if the noncompliant Department or MPO
allocates funding to advance the achievement of the applicable
GHG targets as follows:
(1) in non-MPO areas, the Department (i) shall not

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advance a roadway capacity expansion project from its
applicable planning document to a STIP or TIP, (ii) shall
not otherwise add a roadway capacity expansion project to
a STIP or TIP, (iii) shall reprogram funds allocated or
anticipated to be expended on roadway capacity expansion
projects awaiting inclusion in a STIP or TIP project to
GHG mitigation measures that reduce GHG emissions
sufficiently to achieve the GHG targets for each
compliance year, and (iv) shall amend its applicable
planning documents to reflect these changes;
(2) in MPO areas that are not in receipt of federal
suballocations under the Congestion Mitigation and Air
Quality Improvement Program or Surface Transportation
Board programs, the Department and MPO (i) shall not
advance a roadway capacity expansion project from its
applicable planning document to a STIP or TIP, (ii) shall
not otherwise add a roadway capacity expansion project to
a STIP or TIP, (iii) shall reprogram funds allocated or
anticipated to be expended on roadway capacity expansion
projects awaiting inclusion in a STIP or TIP project to
GHG mitigation measures that reduce GHG emissions
sufficiently to achieve the GHG targets for each
compliance year, and (iv) shall amend its applicable
planning documents to reflect these changes;
(3) in MPO areas that are in receipt of federal
suballocations under the Congestion Mitigation and Air

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Quality Improve Program or Surface Transportation Board
programs, the Department and MPO (i) shall not advance a
roadway capacity expansion project from its applicable
planning document to a STIP or TIP, (ii) shall not
otherwise add a roadway capacity expansion project to a
STIP or TIP, (iii) shall reprogram funds allocated or
anticipated to be expended on roadway capacity expansion
projects awaiting inclusion in a STIP or TIP project to
GHG mitigation measures that reduce GHG emissions
sufficiently to achieve the GHG targets for each
compliance year, and (iv) shall amend its applicable
planning documents to reflect these changes; and
(4) the Department and MPOs shall administer
paragraphs (1) through (3) as a limitation on their
authority to advance roadway capacity expansion projects
or other projects that will materially increase GHG
emissions under paragraph (5) of subsection (k) of Section
5303 of Title 49 of the United States Code (49 U.S.C.
5303(k)(5)).
(h) Before including a roadway capacity expansion project
in an applicable planning document, the Department or MPO must
perform a GHG emissions analysis of the roadway capacity
expansion project. Following the GHG emissions analysis, the
Department or MPO must determine if, after consideration of
all relevant factors, including VMT and social cost of carbon
increases in the transportation network resulting from induced

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demand, the project conforms with (i) the applicable GHG
targets and (ii) VMT targets established under subsection (c).
(1) If the Department or MPO determines that the
roadway capacity expansion project is not in conformance
with items (i) and (ii), the Department or MPO must:
(A) alter the scope or design of the roadway
capacity expansion project and perform a GHG emissions
analysis that shows that the roadway capacity
expansion project meets the requirements of items (i)
and (ii);
(B) incorporate sufficient GHG mitigation measures
to bring the Department or MPO into compliance with
its GHG targets, however, in order to be effective,
such GHG mitigation measures must be implemented no
later than contemporaneously with the implementation
of the roadway expansion project or, if not
implemented contemporaneously, a GHG mitigation
measure must provide a valid GHG emissions reduction
after the date it is implemented; or
(C) halt development of the roadway capacity
expansion project and remove the roadway capacity
expansion project from all applicable planning
documents.
(2) The Department and MPOs must establish a process
for performing roadway capacity expansion project GHG
emissions analysis. A GHG emissions analysis for a roadway

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capacity expansion project must include, but shall not be
limited to, estimates resulting from the project for the
following:
(A) GHG emissions over a period of 20 years or the
last GHG target year, whichever is later;
(B) a net change in VMT and social cost of carbon
for the transportation network after factoring in the
effects of induced demand; and
(C) consideration of additional VMT in the
transportation network from additional capacity
resulting from roadway traffic capacity expansion,
intelligent transportation systems, or both.
(3) The Department or MPO must connect any GHG
mitigation measures associated with the roadway capacity
expansion project as follows:
(A) within or associated with at least one of the
communities impacted by the roadway capacity expansion
project;
(B) if there is not a reasonably feasible location
under subparagraph (A), in areas of persistent poverty
or historically disadvantaged communities, as measured
and defined by federal law, guidance and notices of
funding opportunity;
(C) if there is not a reasonably feasible location
under subparagraphs (A) and (B), in the region of the
roadway capacity expansion project; and

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(D) if there is not a reasonably feasible location
under subparagraphs (A) through (C), on a statewide
basis.
(4) The Department or MPO must develop and use a
process for community consultation consistent with the
requirements of subsection (m) in the development of GHG
mitigation measures that the Department or MPO uses to
achieve compliance with its GHG targets.
(5) The Department or MPO must publish an explanation
regarding the feasibility and rationale for each GHG
mitigation measure under subparagraphs (B) through (D) of
paragraph (3).
(6) GHG mitigation measures connected to a roadway
expansion project are sufficient if the total greenhouse
gas reduction from the GHG mitigation measures is at least
equal to the total GHG emissions resulting from the
roadway capacity expansion project and consistent with the
Department or MPO meeting its GHG targets.
(A) Each comparison under this paragraph must be
performed over equal comparison periods.
(B) To avoid double counting, once a GHG
mitigation measure is connected to a roadway capacity
expansion project, that GHG mitigation measure shall
not be used to offset greenhouse gases associated with
other roadway capacity expansion projects or other
projects included in an applicable planning document.

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(7) The Department and MPOs must publish information
regarding roadway capacity expansion project GHG emissions
analyses on their websites. The information must include:
(A) an identification of each roadway capacity
expansion project; and
(B) for each roadway capacity expansion project, a
summary that includes an overview of and link to the
roadway capacity expansion project GHG emissions
analysis, the greenhouse gas impact determination by
the Department or MPO, the social cost of carbon added
by the roadway capacity expansion project, and project
disposition, including a review of any GHG mitigation
measures.
(i) The Department and MPOs may use a GHG mitigation
measure as an offset against GHG emissions only after the date
the GHG mitigation measure has been implemented.
(j) By January 1, 2028, and every 3 years thereafter, the
Department shall prepare a comprehensive, publicly released
report on statewide transportation greenhouse gas reduction
accomplishments and challenges and make recommendations for
any legislative action or State agency rulemaking that would
assist the Department and MPOs in meeting their GHG targets.
The report, at a minimum, shall include:
(1) a description of whether the Department and MPOs
are on track to meet their GHG targets and VMT targets;
(2) an assessment of State and local laws,

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regulations, rules, and practices and recommendations for
modifications that would help ensure that the Department
and MPOs meet their GHG targets and VMT targets;
(3) a description of the benefits from reductions in
GHG emissions and copollutants in the transportation
sector, diversification of energy sources used for
transportation, and substitution of other motorized and
nonmotorized modes of travel for VMT currently being
handled by vehicles powered by internal combustion
engines, and other economic, environmental, and public
health benefits;
(4) a description of the compliance costs borne by the
Department and MPOs in meeting their GHG targets and VMT
targets;
(5) a description of the social cost of carbon
associated with the transportation systems for which the
Department and each MPO is responsible and the social cost
of carbon reductions that result from GHG mitigation
measures and other steps being taken by the Department and
each MPO to reduce GHG emissions;
(6) a description of whether measures taken by the
Department and MPOs to meet GHG targets are equitable,
minimize costs, and maximize the total benefits to the
State and its citizens; and
(7) a description of whether activities undertaken to
meet GHG targets by the Department and MPOs have unduly

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burdened disproportionately impacted communities.
(k) Before including any project that has an anticipated
cost of $30,000,000 or more (i) in an applicable planning
document or (ii) as a GHG mitigation measure, the Department
or MPO shall calculate a climate equity accessibility score
for the project. The climate equity accessibility score shall
be based on a GHG emissions analysis of the project and a
measurement of (i) the current levels of access to jobs,
hospitals, schools, and food by available modes of
transportation and (ii) the current level of affordability of
transportation in the project area. The Department and MPO
shall then calculate a climate equity accessibility score
based on the projected change in GHG emissions, accessibility,
and affordability from the proposed project. Projects that
result in relatively high reductions of GHG emissions while
increasing access to jobs and other destinations and providing
more affordable transportation options will receive a higher
climate equity accessibility score than projects that fail to
deliver such benefits. To advance the goals of this Section
and optimize the use of public funds, the Department and MPOs
shall give priority to projects with high climate equity
accessibility scores, considering which project delivers the
most climate equity accessibility score benefit per dollar
invested. The Department, with the assistance of the
Environmental Protection Agency, shall provide technical
assistance to MPOs in fulfilling their responsibilities under

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this subsection.
(l) To the full extent allowed by paragraph (4) of
subsection (k) of Section 5303 of Title 49 of the United States
Code and other applicable laws, and to extend the existing
authority under State law vested in the Chicago Metropolitan
Agency for Planning to MPOs throughout the State, MPOs, with
the full support of the Department, shall conduct housing
coordination planning to help the Department and MPOs meet
their GHG targets.
(1) MPOs shall develop housing coordination plans
consistent with subparagraph (C) of paragraph (4) of
subsection (k) of Section 5303 of Title 49 of the United
States Code (49 U.S.C. 5303(k)(4)(C)) to better integrate
housing, transportation, and economic development
strategies and to, among other things:
(A) better connect housing and employment while
mitigating commuting times;
(B) align transportation improvements with housing
needs, such as housing supply shortages, and proposed
housing development;
(C) align planning for housing and transportation
to address needs in relationship to household incomes
within the metropolitan planning area;
(D) expand housing and economic development within
the catchment areas of existing transportation
facilities and public transportation services when

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appropriate, including higher-density development, as
locally determined;
(E) manage effects of VMT growth in the
metropolitan planning area related to housing
development and economic development; and
(F) increase the share of households with
sufficient and affordable access to the transportation
networks of the metropolitan planning area.
(2) MPOs shall identify the location of existing and
planned housing and employment and transportation options
that connect housing and employment.
(3) MPOs shall include a comparison of State,
regional, and local transportation plans in the region to
land use management plans, including zoning plans, that
may affect road use, public transportation ridership, and
housing development.
(4) In their housing coordination planning, MPOs shall
focus on the effect that land use policies and practices,
such as minimum parking requirements and exclusionary
zoning requirements, contribute to increases in VMT and
GHG emissions and consider how such policies affect
housing and transportation affordability.
(5) MPOs shall outline recommendations for land use
policies and best practices that have the effect of
increasing the affordability of housing and transportation
and reducing GHG emissions.

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(6) The Department shall assist MPOs in their housing
coordination planning and make best efforts to align the
Department's planning and project programming with MPO
efforts to encourage land use policies and best practices
that have the effect of increasing the affordability of
housing and transportation, improving accessibility to
destinations, and reducing GHG emissions.
(7) The Department shall not advance to the STIP a
project in a metropolitan planning area that the MPO has
determined would conflict with its housing coordination
plan prepared under paragraph (1) or would have the effect
of decreasing the affordability of transportation or the
accessibility of destinations or of increasing GHG
emissions.
(8) In furtherance of Section 48 of the Regional
Planning Act, the Department and MPOs shall adopt
performance-based methods for allocating discretionary
funds that reward jurisdictions that have adopted land use
policies and practices associated with increasing the
affordability of housing and transportation, improving
accessibility to destinations, and reducing GHG emissions.
(A) The Department and MPOs may build on the
climate equity accessibility scoring tool developed
under subsection (k) or develop a separate tool for
identifying jurisdictions that have adopted land use
policies and practices associated with increasing the

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affordability of housing and transportation, improving
accessibility to destinations, and reducing GHG
emissions.
(B) The Department and MPOs shall publicly
describe the methodology they use in allocating
discretionary funding under this paragraph.
(C) When allocating discretionary funding, the
Department and MPOs shall give at least equal weight
to land use policies and practices that facilitate
reductions in GHG emissions that they give to existing
factors, such as congestion relief, safety, and
traffic operations.
(D) The Department and MPOs shall consider land
use policies and practices as provided in this
subsection when allocating discretionary funding from
every source.
(9) When evaluating all projects for possible
inclusion in applicable planning documents or in a STIP or
TIP, the Department and MPOs shall adopt performance-based
project selection methods that give priority to projects
located in jurisdictions that have adopted land use
policies and practices associated with increasing the
affordability of housing and transportation, improving
accessibility to destinations, and reducing GHG emissions.
(10) This subsection shall not diminish or restrict
the existing authority of jurisdictions over their land

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use policies and practices.
(m) The Department and MPOs shall provide early and
continuous opportunities for public participation in the
transportation planning process. The process shall be
proactive and provide timely information, adequate public
notice, reasonable public access, and opportunities for public
review and comment at key decision points in the process. The
objectives of public participation in the transportation
planning process include providing a mechanism for public
perspectives, needs, and ideas to be considered in the
planning process; developing the public's understanding of the
problems and opportunities facing the transportation system;
demonstrating explicit consideration and response to public
input through a variety of tools and techniques; and
developing a consensus on plans. The Department shall develop
a documented public participation process under 23 CFR 450.
(1) Under 23 CFR 450, Subpart B, the Department is
responsible, in cooperation with the MPOs, for carrying
out public participation for developing, amending, and
updating the Long-Range State Transportation Plan, the
STIP, and other statewide transportation planning
activities.
(2) Under 23 CFR 450, Subpart C, the MPOs, in
cooperation with the Department, are responsible for
carrying out public participation for the development of
Regional Transportation Plans, TIPs, and other regional

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transportation planning activities for their respective
metropolitan planning areas.
(3) Public participation activities at both the MPO
and Department levels shall include, at a minimum:
(A) establishing and maintaining for the
geographic area of responsibility a list of all known
parties interested in transportation planning,
including, but not limited to: elected officials;
municipal and county planning staffs; affected public
agencies; local, State, and federal agencies eligible
for federal and State transportation funds; local
representatives of public transportation agency
employees and users; freight shippers and providers of
freight transportation services; public and private
transportation providers; representatives of users of
transit, bicycling, pedestrian, aviation, and train
facilities; private industry; environmental and other
interest groups; representatives of persons or groups
that may be underserved by existing transportation
systems, such as minority persons, low-income seniors,
persons with disabilities, and persons with limited
English proficiency; and members of the general public
expressing interest in the transportation planning
process;
(B) providing reasonable notice, which for notice
to a disproportionately impacted community requires

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the notice to be translated into the primary language
spoken in the disproportionately impacted community,
and opportunity to comment through mailing lists and
other communication methods on upcoming transportation
planning-related activities and meetings;
(C) using reasonably available Internet or
traditional media opportunities, including minority
media and diverse media, to provide timely notices of
planning-related activities and meetings to members of
the public, including limited English proficiency
individuals and others who may require reasonable
accommodations. Methods that shall be used to the
maximum extent practicable for public participation
may include, but shall not be limited to, use of the
Internet, social media, news media, such as
newspapers, radio, or television, mailings to
disproportionately impacted communities by existing
transportation systems, including, but not limited to,
seniors and persons with disabilities, and notices,
including electronic mail and online newsletters;
(D) seeking out persons and groups, including
minority groups and those with disabilities,
low-income, and limited English proficiency, for the
purposes of exchanging information, increasing their
involvement, and considering their transportation
needs in the transportation planning process;

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(E) consulting, as appropriate, with federal,
State, local, and tribal agencies responsible for land
use management, natural resources, environmental
protection, conservation, cultural resources, and
historic preservation concerning the development of
long-range transportation plans;
(F) providing reasonable public access to, and
appropriate opportunities for public review and
comment on, criteria, standards, and other
planning-related information. Reasonable public access
includes, but is not limited to, limited English
proficiency services and access to ADA-compliant
facilities, as well as to the Internet;
(G) where feasible, scheduling the development of
regional and statewide plans so that the release of
the draft plans may be coordinated to provide for the
opportunity for joint public outreach;
(H) responses, in writing, from the Department and
MPOs to all significant issues raised during the
review and comment period on transportation plans,
making the responses available to the public; and
(I) collaborating periodically with all interested
parties and the Department and MPOs to review the
effectiveness of the Department's and MPOs' public
involvement practices to ensure that they provide full
and open access to all members of the public. When

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necessary, the Department or MPO shall revise their
public participation practices in the transportation
planning process and allow time for public review and
comment per 23 CFR 450.
(n) Beginning on January 1, 2025, each applicable planning
document from the Department or MPO must include a
consolidated and comprehensive list of all project types to be
funded using any federal, State, or local funding source,
including bicycle, pedestrian, bus, rail, and roadway
projects, and shall include a summary of planned expenditures
by project type.
(o) Beginning September 30, 2025, the Department and MPOs
shall establish a social cost of carbon and use the social cost
of carbon in their applicable planning documents and other
planning activities.
(1) The social cost of carbon shall serve as a
monetary estimate of the value of not emitting a ton of GHG
emissions.
(2) In developing the social cost of carbon applicable
to the projects and programs in their applicable planning
documents and for other planning and project programming
activities, the Department and MPOs shall consider the
social cost of carbon established by the Environmental
Protection Agency under subsection (q) of Section 9.15 of
the Environmental Protection Act and may consider prior or
existing estimates of the social cost of carbon issued or

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adopted by the federal government, appropriate
international bodies, or other appropriate and reputable
scientific organizations.
(3) The Department may adopt the social cost of carbon
established by the Environmental Protection Agency under
subsection (q) of Section 9.15 of the Environmental
Protection Act or establish its own social cost of carbon
through the process set forth in paragraphs (1) and (2),
but the Department shall not adopt a social cost of carbon
that is lower than that established by the Environmental
Protection Agency.
(4) MPOs may adopt the social cost of carbon
established by the Environmental Protection Agency under
subsection (q) of Section 9.15 of the Environmental
Protection Act or by the Department under paragraph (3) or
establish their own social cost of carbon through the
process set forth in paragraphs (1) and (2), but an MPO
shall not adopt a social cost of carbon that is lower than
that established by the Environmental Protection Agency or
the Department.
(5) The Department shall incorporate the social cost
of carbon into its assessment of projects for possible
inclusion in its applicable planning document or for
inclusion in a STIP or TIP, giving priority to projects
that have a relatively low social cost of carbon:
(A) The Department shall not include any project

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over $30,000,000 in an applicable planning document or
a STIP or TIP unless it has calculated the social cost
of carbon resulting from the project over the useful
life of the project.
(B) Such calculations shall result in an estimate
of the social cost of carbon under a no-build scenario
and an estimate of the social cost of carbon if the
project is built, factoring in the effects of induced
demand and other appropriate factors.
(C) The estimate of the social cost of carbon must
include total additional GHG emissions attributable to
the proposed project and shall not be limited to GHG
emissions from within the physical boundaries of the
project.
(D) The Department shall publish in applicable
planning documents and STIPs the no-build and build
estimates of the social cost of carbon for each
project for which an estimate of the social cost of
carbon has been prepared.
(E) For purposes of its planning processes under
Sections 2705-200, 2705-203, and 2705-205, and after
factoring in the effects of induced demand on VMT
attributable to a proposed project, the Department
shall offset the social cost of carbon and the social
cost of crashes attributable to a project against its
projections of the value of the time savings from any

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reduction in congestion attributable to the project
and shall publish its calculations and results.
(F) The Department may rely upon estimates of the
social cost of carbon prepared by MPOs for projects
included in a STIP that are located inside the MPO's
boundaries only if the Department finds that those
estimates of the social cost of carbon are based on
reasonable assumptions and methodology.
(6) Each MPO shall incorporate the social cost of
carbon into its assessment of projects for possible
inclusion in its applicable planning document or for
inclusion in a TIP, giving priority to projects that have
a relatively low social cost of carbon:
(A) An MPO shall not include any project over
$30,000,000 in a TIP unless it has calculated the
social cost of carbon resulting from the project over
the useful life of the project.
(B) Such calculations shall result in an estimate
of the social cost of carbon under a no-build scenario
and an estimate of the social cost of carbon if the
project is built, factoring in the effects of induced
demand and other appropriate factors.
(C) The estimate of the social cost of carbon must
include total additional GHG emissions attributable to
the proposed project and shall not be limited to GHG
emissions from within the physical boundaries of the

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project.
(D) Each MPO shall publish in its applicable
planning documents and TIPs the no-build and build
estimates of the social cost of carbon for each
project for which an estimate of the social cost of
carbon has been prepared.
(E) For purposes of its planning processes, and
after factoring in the effects of induced demand on
VMT attributable to a proposed project, an MPO shall
offset the social cost of carbon and the social cost of
crashes attributable to a project from its projection
of the value of the time savings from any reduction in
congestion attributable to the project and shall
publish its calculations and results.
(F) An MPO may rely upon the estimate of the social
cost of carbon prepared by the Department for projects
included in a TIP only if the MPO finds that the
Department's estimates of the social cost of carbon
are based on reasonable assumptions and methodologies.
(p) By no later than January 1, 2025, the Department shall
convene a Greenhouse Gas in Transportation Working Group.
(1) The Working Group shall assist the Department and
MPOs with:
(A) planning and implementing the requirements of
this Section;
(B) identifying opportunities to reduce GHG

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emissions in the transportation sector;
(C) identifying promising GHG mitigation measures;
(D) preparing the Department's triennial report on
statewide transportation sector greenhouse gas
reduction accomplishments and challenges and make
recommendations for any legislative or regulatory
action that would assist the Department and MPOs in
meeting their GHG targets; and
(E) connecting the Department and MPOs with local,
regional, and national experts and best practices
relating to planning and programming transportation
projects to, among other things, reduce GHG emissions
from the transportation sector.
(2) The membership of the Working Group shall include
the following:
(A) the Secretary of Transportation or the
Secretary's designee;
(B) the Director of the Environmental Protection
Agency or the Director's designee;
(C) the Chair of the Chicago Metropolitan Agency
for Planning or the Chair's designee;
(D) the chair of another MPO or the chair's
designee, appointed by the Governor;
(E) a university representative with expertise in
GHG emissions in the transportation sector, appointed
by the Governor;

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(F) a representative from an environmental justice
organization, appointed by the Governor;
(G) a representative from an active transportation
organization, appointed by the Governor;
(H) a representative from a transportation
planning organization, appointed by the Governor;
(I) a representative from a land use planning
organization, appointed by the Governor;
(J) a representative from the freight industry,
appointed by the Governor;
(K) a representative from a public transportation
agency, appointed by the Governor;
(L) a representative from a labor organization,
appointed by the Governor;
(M) a representative from a road building
contractor, appointed by the Governor;
(N) a representative from a chamber of commerce,
appointed by the Governor;
(P) a representative from the engineering sector,
appointed by the Governor; and
(Q) such other representatives, appointed by the
Governor, that will ensure that the Working Group will
provide the Department and MPOs with a sufficient
range and depth of expertise in GHG emissions
reduction in the transportation sector to assist the
Department and MPOs in carrying out their

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responsibilities under this Section.
(3) The members of the Working Group must select a
Chair from its membership.
(4) Members of the Working Group shall serve without
compensation other than reimbursement for travel and other
expenses incurred in the performance of their duties.
(5) The Department shall provide sufficient staff
support and other resources for the Working Group to
perform its duties effectively, including a website
accessible to the public that contains an up-to-date
record of the activities, research, reports,
recommendations, and other materials assembled by the
Working Group.
(6) The Working Group shall first meet within 90 days
of the effective date of this amendatory Act of the 103rd
General Assembly. The Working Group shall hold public
meetings no less than quarterly, shall actively seek
public input, shall publish annual reports, and by June
30, 2027, shall publish a report with recommendations for
how the Department and MPOs can most effectively reduce
GHG emissions from the transportation sector.
(7) The Department shall consider and incorporate
recommendations from the Working Group in its triennial
reports under subsection (j), and both the Department and
MPOs shall consider and incorporate such recommendations
in their preparation of their applicable planning

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documents.
(8) The Working Group shall operate through January
30, 2028, or 30 days after the Department's filing of its
first triennial report, whichever is later. The Working
Group shall continue in operation after that date to
further assist the Department and MPOs in fulfilling their
responsibilities under this Section unless abolished by
the Governor after receipt of abolition recommendations
from both the Environmental Protection Agency and the
Department.
(q) Except as otherwise provided, the requirements of this
Section shall commence with projects included in applicable
planning documents filed on or after January 1, 2027.
(r) The requirements of this Section are in addition to
and shall, to the extent practicable, be executed concurrently
with other requirements for transportation planning, project
prioritization, public outreach, project implementation, or
transparency and accountability established by law, rule, or
policy.
(s) The requirements of this Section shall extend to the
Illinois State Toll Highway Authority and any other builder or
operator of a public highway under a public-private
partnership agreement or other means authorized by State law.
(1) The requirements of this Section that apply to the
other entities include, but are not limited to, the
following:

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(A) the Environmental Protection Agency shall
assign GHG targets to other entities under subsection
(c);
(B) other entities shall conduct GHG emissions
analysis and be subject to the other requirements set
forth in subsections (d), (e), (f), (g), and (h) with
respect to their applicable planning documents;
(C) other entities shall conduct climate equity
accessibility scoring as set forth in subsection (k);
(D) other entities shall follow the public
participation requirements set forth in subsection
(j); and
(E) other entities shall use the social cost of
carbon in their planning and project programming
processes as set forth in subsection (o).
(2) Other entities may request assistance in complying
with the requirements of this Section from the Department
under subsection (e) and from the Greenhouse Gas in
Transportation Working Group under subsection (p).
(3) With respect to other entities, "applicable
planning document" means the other entity's capital plan
or other document in which the other entity identifies
projects that it anticipates advancing for construction.
(4) The Department may adopt rules necessary to extend
the requirements of this Section to the other entities.

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(20 ILCS 2705/2705-300) (was 20 ILCS 2705/49.18)
Sec. 2705-300. Powers concerning mass transportation. The
Department has the power to do the following:
(1) Advise and assist the Governor and the General
Assembly in formulating (i) a mass transportation policy
for the State, (ii) proposals designed to help meet and
resolve special problems of mass transportation within the
State, and (iii) programs of assistance for the
comprehensive planning, development, and administration of
mass transportation facilities and services.
(2) Appear and participate in proceedings before any
federal, State, or local regulatory agency involving or
affecting mass transportation in the State.
(3) Study mass transportation problems and provide
technical assistance to units of local government.
(4) Encourage experimentation in developing new mass
transportation facilities and services.
(5) Recommend policies, programs, and actions designed
to improve utilization of mass transportation services.
(6) Cooperate with mass transit districts and systems,
local governments, and other State agencies in meeting
those problems of air, noise, and water pollution
associated with transportation.
(7) Participate fully in a statewide effort to improve
transport safety, including, as the designated State
agency responsible for overseeing the safety and security

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of rail fixed guideway public transportation systems in
compliance with 49 U.S.C. 5329 and 49 U.S.C. 5330:
(A) developing, adopting, and implementing a
system safety program standard and procedures meeting
the compliance requirements of 49 U.S.C. 5329 and 49
U.S.C. 5330, as now or hereafter amended, for the
safety and security of rail fixed guideway public
transportation systems within the State; and
(B) establishing procedures in accordance with 49
U.S.C. 5329 and 49 U.S.C. 5330 to review, approve,
oversee, investigate, audit, and enforce all other
necessary and incidental functions related to the
effectuation of 49 U.S.C. 5329 and 49 U.S.C. 5330, or
other federal law, pertaining to public transportation
oversight. The Department may contract for the
services of a qualified consultant to comply with this
subsection.
The security portion of the system safety program,
investigation reports, surveys, schedules, lists, or data
compiled, collected, or prepared by or for the Department
under this subsection shall not be subject to discovery or
admitted into evidence in federal or State court or
considered for other purposes in any civil action for
damages arising from any matter mentioned or addressed in
such reports, surveys, schedules, lists, data, or
information. Except for willful or wanton conduct, neither

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the Department nor its employees, nor the Metropolitan
Mobility Regional Transportation Authority, nor the St.
Clair County Transit District, nor any mass transit
district nor service board subject to this Section, nor
their respective directors, officers, or employees, shall
be held liable in any civil action for any injury to or
death of any person or loss of or damage to property for
any act, omission, or failure to act under this Section or
49 U.S.C. 5329 or 49 U.S.C. 5330 as now or hereafter
amended.
(8) Conduct by contract or otherwise technical
studies, and demonstration and development projects which
shall be designed to test and develop methods for
increasing public use of mass transportation and for
providing mass transportation in an efficient,
coordinated, and convenient manner.
(9) Make applications for, receive, and make use of
grants for mass transportation.
(10) Make grants for mass transportation from the
Transportation Fund pursuant to the standards and
procedures of Sections 2705-305 and 2705-310.
Nothing in this Section alleviates an individual's duty to
comply with the State Officials and Employees Ethics Act.
(Source: P.A. 102-559, eff. 8-20-21.)
(20 ILCS 2705/2705-305)

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Sec. 2705-305. Grants for mass transportation.
(a) For the purpose of mass transportation grants and
contracts, the following definitions apply:
"Carrier" means any corporation, authority, partnership,
association, person, or district authorized to provide mass
transportation within the State.
"District" means all of the following:
(i) Any district created pursuant to the Local Mass
Transit District Act.
(ii) (Blank). The Authority created pursuant to the
Metropolitan Transit Authority Act.
(iii) Any authority, commission, or other entity that
by virtue of an interstate compact approved by Congress is
authorized to provide mass transportation.
(iv) The Authority created pursuant to the
Metropolitan Mobility Regional Transportation Authority
Act.
"Facilities" comprise all real and personal property used
in or appurtenant to a mass transportation system, including
parking lots.
"Mass transportation" means transportation provided within
the State of Illinois by rail, bus, or other conveyance and
available to the general public on a regular and continuing
basis, including the transportation of persons with
disabilities or elderly persons as provided more specifically
in Section 2705-310.

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"Unit of local government" means any city, village,
incorporated town, or county.
(b) Grants may be made to units of local government,
districts, and carriers for the acquisition, construction,
extension, reconstruction, and improvement of mass
transportation facilities. Grants shall be made upon the terms
and conditions that in the judgment of the Secretary are
necessary to ensure their proper and effective utilization.
(c) The Department shall make grants under this Law in a
manner designed, so far as is consistent with the maintenance
and development of a sound mass transportation system within
the State, to: (i) maximize federal funds for the assistance
of mass transportation in Illinois under the Federal Transit
Act and other federal Acts; (ii) facilitate the movement of
persons who because of age, economic circumstance, or physical
infirmity are unable to drive; (iii) contribute to an improved
environment through the reduction of air, water, and noise
pollution; and (iv) reduce traffic congestion.
(d) The Secretary shall establish procedures for making
application for mass transportation grants. The procedures
shall provide for public notice of all applications and give
reasonable opportunity for the submission of comments and
objections by interested parties. The procedures shall be
designed with a view to facilitating simultaneous application
for a grant to the Department and to the federal government.
(e) Grants may be made for mass transportation projects as

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follows:
(1) In an amount not to exceed 100% of the nonfederal
share of projects for which a federal grant is made.
(2) In an amount not to exceed 100% of the net project
cost for projects for which a federal grant is not made.
(3) In an amount not to exceed five-sixths of the net
project cost for projects essential for the maintenance of
a sound transportation system and eligible for federal
assistance for which a federal grant application has been
made but a federal grant has been delayed. If and when a
federal grant is made, the amount in excess of the
nonfederal share shall be promptly returned to the
Department.
In no event shall the Department make a grant that,
together with any federal funds or funds from any other
source, is in excess of 100% of the net project cost.
(f) Regardless of whether any funds are available under a
federal grant, the Department shall not make a mass
transportation grant unless the Secretary finds that the
recipient has entered into an agreement with the Department in
which the recipient agrees not to engage in school bus
operations exclusively for the transportation of students and
school personnel in competition with private school bus
operators where those private school bus operators are able to
provide adequate transportation, at reasonable rates, in
conformance with applicable safety standards, provided that

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this requirement shall not apply to a recipient that operates
a school system in the area to be served and operates a
separate and exclusive school bus program for the school
system.
(g) Grants may be made for mass transportation purposes
with funds appropriated from the Build Illinois Bond Fund
consistent with the specific purposes for which those funds
are appropriated by the General Assembly. Grants under this
subsection (g) are not subject to any limitations or
conditions imposed upon grants by any other provision of this
Section, except that the Secretary may impose the terms and
conditions that in his or her judgment are necessary to ensure
the proper and effective utilization of the grants under this
subsection.
(h) The Department may let contracts for mass
transportation purposes and facilities for the purpose of
reducing urban congestion funded in whole or in part with
bonds described in subdivision (b)(1) of Section 4 of the
General Obligation Bond Act, not to exceed $75,000,000 in
bonds.
(i) The Department may make grants to carriers, districts,
and units of local government for the purpose of reimbursing
them for providing reduced fares for mass transportation
services for students, persons with disabilities, and the
elderly. Grants shall be made upon the terms and conditions
that in the judgment of the Secretary are necessary to ensure

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their proper and effective utilization.
(j) The Department may make grants to carriers, districts,
and units of local government for costs of providing ADA
paratransit service.
(Source: P.A. 99-143, eff. 7-27-15.)
(20 ILCS 2705/2705-310)
Sec. 2705-310. Grants for transportation for persons with
disabilities.
(a) For the purposes of this Section, the following
definitions apply:
"Carrier" means a district or a not for profit
corporation providing mass transportation for persons with
disabilities on a regular and continuing basis.
"Person with a disability" means any individual who, by
reason of illness, injury, age, congenital malfunction, or
other permanent or temporary incapacity or disability, is
unable without special mass transportation facilities or
special planning or design to utilize ordinary mass
transportation facilities and services as effectively as
persons who are not so affected.
"Unit of local government", "district", and "facilities"
have the meanings ascribed to them in Section 2705-305.
(b) The Department may make grants from the Transportation
Fund and the General Revenue Fund (i) to units of local
government, districts, and carriers for vehicles, equipment,

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and the acquisition, construction, extension, reconstruction,
and improvement of mass transportation facilities for persons
with disabilities and (ii) during State fiscal years 1986 and
1987, to the Regional Transportation Authority (now the
Metropolitan Mobility Authority) for operating assistance for
mass transportation for mobility limited persons, including
paratransit services for the mobility limited. The grants
shall be made upon the terms and conditions that in the
judgment of the Secretary are necessary to ensure their proper
and effective utilization. The procedures, limitations, and
safeguards provided in Section 2705-305 to govern grants for
mass transportation shall apply to grants made under this
Section.
For the efficient administration of grants, the
Department, on behalf of grant recipients under this Section
and on behalf of recipients receiving funds under Sections
5309 and 5311 of the Federal Transit Act and State funds, may
administer and consolidate procurements and may enter into
contracts with manufacturers of vehicles and equipment.
(c) The Department may make operating assistance grants
from the Transportation Fund to those carriers that, during
federal fiscal year 1986, directly received operating
assistance pursuant to Section 5307 or Section 5311 of the
Federal Transit Act, or under contracts with a unit of local
government or mass transit district that received operating
expenses under Section 5307 or Section 5311 of the Federal

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Transit Act, to provide public paratransit services to the
general mobility limited population. The Secretary shall take
into consideration the reduction in federal operating expense
grants to carriers when considering the grant applications.
The procedures, limitations, and safeguards provided in
Section 2705-305 to govern grants for mass transportation
shall apply to grants made under this Section.
(Source: P.A. 99-143, eff. 7-27-15.)
(20 ILCS 2705/2705-315) (was 20 ILCS 2705/49.19b)
Sec. 2705-315. Grants for passenger security. The
Department may make grants from the Transportation Fund and
the General Revenue Fund to the Metropolitan Mobility Regional
Transportation Authority created under the Metropolitan
Mobility Regional Transportation Authority Act to be used to
provide protection against crime for the consumers of public
transportation, and for the employees and facilities of public
transportation providers, in the metropolitan region. The
grants may be used (1) to provide that protection directly, or
(2) to contract with any municipality or county in the
metropolitan region to provide that protection, or (3) except
for the Chicago Transit Authority created under the
Metropolitan Transit Authority Act, to contract with a private
security agency to provide that protection.
The grants shall be made upon the terms and conditions
that in the judgment of the Secretary are necessary to ensure

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their proper and effective utilization. The procedures
provided in Section 2705-305 to govern grants for mass
transportation shall apply to grants made under this Section.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h)
Sec. 2705-440. Intercity Rail Service.
(a) For the purposes of providing intercity railroad
passenger service within this State and throughout the United
States, the Department is authorized to enter into agreements
with any state, state agency, units of local government or
political subdivisions, Metropolitan Mobility Authority the
Commuter Rail Division of the Regional Transportation
Authority (or a public corporation on behalf of that Authority
Division), architecture or engineering firms, the National
Railroad Passenger Corporation, any carrier, or any
individual, corporation, partnership, or public or private
entity. The cost related to such services shall be borne in
such proportion as, by agreement or contract the parties may
desire.
(b) In providing any intercity railroad passenger service
as provided in this Section, the Department shall have the
following additional powers:
(1) to enter into trackage use agreements with rail
carriers;
(1.5) to freely lease or otherwise contract for any

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purpose any of the locomotives, passenger railcars, and
other rolling stock equipment or accessions to any state
or state agency, public or private entity, or quasi-public
entities;
(2) to enter into haulage agreements with rail
carriers;
(3) to lease or otherwise contract for use,
maintenance, servicing, and repair of any needed
locomotives, rolling stock, stations, or other facilities,
the lease or contract having a term not to exceed 50 years
(but any multi-year contract shall recite that the
contract is subject to termination and cancellation,
without any penalty, acceleration payment, or other
recoupment mechanism, in any fiscal year for which the
General Assembly fails to make an adequate appropriation
to cover the contract obligation);
(4) to enter into management agreements;
(5) to include in any contract indemnification of
carriers or other parties for any liability with regard to
intercity railroad passenger service;
(6) to obtain insurance for any losses or claims with
respect to the service;
(7) to promote the use of the service;
(8) to make grants to any body politic and corporate,
any unit of local government, or the Metropolitan Mobility
Authority Commuter Rail Division of the Regional

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Transportation Authority to cover all or any part of any
capital or operating costs of the service and to enter
into agreements with respect to those grants;
(9) to set any fares or make other regulations with
respect to the service, consistent with any contracts for
the service; and
(10) to otherwise enter into any contracts necessary
or convenient to provide rail services, operate or
maintain locomotives, passenger railcars, and other
rolling stock equipment or accessions, including the lease
or use of such locomotives, railcars, equipment, or
accessions.
(c) All service provided under this Section shall be
exempt from all regulations by the Illinois Commerce
Commission (other than for safety matters). To the extent the
service is provided by the Metropolitan Mobility Authority
Commuter Rail Division of the Regional Transportation
Authority (or a public corporation on behalf of that Authority
Division), it shall be exempt from safety regulations of the
Illinois Commerce Commission to the extent the Authority
Commuter Rail Division adopts its own safety regulations.
(d) In connection with any powers exercised under this
Section, the Department
(1) shall not have the power of eminent domain; and
(2) shall not directly operate any railroad service
with its own employees.

SB3936 - 314 - LRB103 40367 AWJ 72644 b
(e) Any contract with the Metropolitan Mobility Authority
Commuter Rail Division of the Regional Transportation
Authority (or a public corporation on behalf of the Authority
Division) under this Section shall provide that all costs in
excess of revenue received by the Division generated from
intercity rail service provided by the Division shall be fully
borne by the Department, and no funds for operation of
commuter rail service shall be used, directly or indirectly,
or for any period of time, to subsidize the intercity rail
operation. If at any time the Division does not have
sufficient funds available to satisfy the requirements of this
Section, the Division shall forthwith terminate the operation
of intercity rail service. The payments made by the Department
to the Division for the intercity rail passenger service shall
not be made in excess of those costs or as a subsidy for costs
of commuter rail operations. This shall not prevent the
contract from providing for efficient coordination of service
and facilities to promote cost-effective cost effective
operations of both intercity rail passenger service and
commuter rail services with cost allocations as provided in
this paragraph.
(f) Whenever the Department enters into an agreement with
any carrier, state or state agency, any public or private
entity, or quasi-public entity for either the Department's
payment of such railroad required maintenance expenses
necessary for intercity passenger service or for the lease or

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use of locomotives, passenger railcars, and other rolling
stock equipment or accessions, the Department may deposit such
required maintenance funds, use fees, or rental payments into
any escrow account. For purposes of this subsection, an escrow
account means any fiduciary account established with (i) any
banking corporation which is both organized under the Illinois
Banking Act and authorized to accept and administer trusts in
this State, or (ii) any national banking association which has
its principal place of business in this State and which also is
authorized to accept and administer trusts in this State. The
funds in any required maintenance escrow account may be
withdrawn by the carrier or entity in control of the railroad
being maintained, only with the consent of the Department,
pursuant to a written maintenance agreement and pursuant to a
maintenance plan that shall be updated each year. Funds in an
escrow account holding lease, use fees, or rental payments may
be withdrawn by the Department to be used or expended on
acquisition, offsets, overhaul fees, or costs of locomotives,
railcars, equipment or accessions, including any future
equipment purchase, expenses, fees, or costs, or any other
purpose permitted or required by the escrow agreement or any
other agreement regarding disbursement of funds. The moneys
deposited in the escrow accounts shall be invested and
reinvested, pursuant to the direction of the Department, in
bonds and other interest bearing obligations of this State, or
in such accounts, certificates, bills, obligations, shares,

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pools or other securities as are authorized for the investment
of public funds under the Public Funds Investment Act. Escrow
accounts created under this subsection shall not have terms
that exceed 20 years. At the end of the term of an escrow
account, the remaining balance shall be deposited in the
High-Speed Rail Rolling Stock Fund, a special fund that is
created in the State treasury Treasury. Moneys in the
High-Speed Rail Rolling Stock Fund may be used for any purpose
related to locomotives, passenger railcars, and other rolling
stock equipment. The Department shall prepare a report for
presentation to the Comptroller and the Treasurer each year
that shows the amounts deposited and withdrawn, the purposes
for withdrawal, the balance, and the amounts derived from
investment.
(Source: P.A. 100-773, eff. 1-1-19.)
(20 ILCS 2705/2705-594 new)
Sec. 2705-594. Office of Public Transportation Support.
(a) As used in this Section, "metropolitan region" has the
meaning given to that term in the Metropolitan Mobility
Authority Act.
(b) The Department shall establish, staff, and support an
Office of Public Transportation Support within District 1. The
Office's purpose is to optimize the operation of public
transportation vehicles and the delivery of public
transportation services on highways, as defined by Section

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2-202 of the Illinois Highway Code, under the Department's
jurisdiction in the metropolitan region.
(c) The Office of Public Transportation Support shall have
the following duties:
(1) reviewing Department plans for the construction,
rehabilitation, and repair of roadways under the
Department's jurisdiction to identify opportunities for
enhancements that will improve public transportation
operations and safety on such highways, and making
recommendations for implementing such enhancements;
(2) reviewing the plans by other governmental entities
for the construction, rehabilitation, and repair of
highways under the Department's jurisdiction or that
intersect with such highways to identify opportunities for
enhancements that will improve public transportation
operations and safety on such highways, and making
recommendations for implementing such enhancements;
(3) facilitating the implementation of intelligent
transportation system solutions, such as bus priority at
signalized intersections, to improve public transportation
vehicle operations and safety on highways under the
Department's jurisdiction;
(4) facilitating the implementation of highway
infrastructure enhancements such as sidewalks, bus
shelters, and bicycle paths and lanes that help connect
people to public transportation services on highways under

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the Department's jurisdiction;
(5) identifying and pursuing grant funding
opportunities for projects that will improve public
transportation operations and safety on highways under the
Department's jurisdiction;
(6) coordinating with the Metropolitan Mobility
Authority on the implementation of bus speed and
reliability improvements and other enhancements to
highways under the Department's jurisdiction to improve
public transportation operations and safety; and
(7) coordinating with the Metropolitan Mobility
Authority on the pursuit of grant opportunities for
projects that will improve public transportation on
highways under the Department's jurisdiction.
(d) To fulfill its obligations under this Section, and
notwithstanding any of its current policies and practices to
the contrary, the Department shall in its design and operation
of highways under its jurisdiction in the metropolitan region
give priority to public transportation vehicles and other
vehicles, such as school buses, designed to carry a sizable
number of people over the priority the Department gives to
standard light duty vehicles typically used to carry one or a
few people at a time.
(e) The Department shall prioritize maximizing the
throughput of people on highways under its jurisdiction in the
metropolitan region where public transportation is provided or

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planned over maximizing the number and speeds of vehicles on
such highways.
(f) On highways in the metropolitan region under its
jurisdiction served by public transportation or where public
transportation is planned, the Department shall identify and
implement highway design, infrastructure, and operations
enhancements that maximize the attractiveness and efficacy of
public transportation compared to travel by single occupancy
vehicles on such highways and coordinate with the Metropolitan
Mobility Authority on such enhancements.
(g) The Department shall give the Metropolitan Mobility
Authority a timely opportunity to review, comment, and concur
on plans for the construction, rehabilitation, or repair of
highways under the jurisdiction of the Department in the
metropolitan region where public transportation is being
provided or is planned by the Metropolitan Mobility Authority.
(h) The Department shall not advance a project subject to
the process set forth in subsections (d) through (g) to
construction until it has received the Metropolitan Mobility
Authority's concurrence.
(i) The Chicago Metropolitan Agency for Planning shall
make appropriate changes to its travel demand model, project
scoring and prioritization processes, long-range plan, and
transportation improvement program to reflect the requirements
of subsections (d) through (h).

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Section 20.11. The Illinois Finance Authority Act is
amended by changing Section 820-50 as follows:
(20 ILCS 3501/820-50)
Sec. 820-50. Pledge of Funds by Units of Local Government.
(a) Pledge of Funds. Any unit of local government which
receives funds from the Department of Revenue, including
without limitation funds received pursuant to Sections 8-11-1,
8-11-1.4, 8-11-5 or 8-11-6 of the Illinois Municipal Code, the
Home Rule County Retailers' Occupation Tax Act, the Home Rule
County Service Occupation Tax Act, Sections 25.05-2, 25.05-3
or 25.05-10 of "An Act to revise the law in relation to
counties", Section 5.01 of the Local Mass Transit District
Act, Section 4.03 of the Metropolitan Mobility Regional
Transportation Authority Act, Sections 2 or 12 of the State
Revenue Sharing Act, or from the Department of Transportation
pursuant to Section 8 of the Motor Fuel Tax Law, or from the
State Superintendent of Education (directly or indirectly
through regional superintendents of schools) pursuant to
Article 18 of the School Code, or any unit of government which
receives other funds which are at any time in the custody of
the State Treasurer, the State Comptroller, the Department of
Revenue, the Department of Transportation or the State
Superintendent of Education may by appropriate proceedings,
pledge to the Authority or any entity acting on behalf of the
Authority (including, without limitation, any trustee), any or

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all of such receipts to the extent that such receipts are
necessary to provide revenues to pay the principal of,
premium, if any, and interest on, and other fees related to, or
to secure, any of the local government securities of such unit
of local government which have been sold or delivered to the
Authority or its designee or to pay lease rental payments to be
made by such unit of local government to the extent that such
lease rental payments secure the payment of the principal of,
premium, if any, and interest on, and other fees related to,
any local government securities which have been sold or
delivered to the Authority or its designee. Any pledge of such
receipts (or any portion thereof) shall constitute a first and
prior lien thereon and shall be binding from the time the
pledge is made.
(b) Direct Payment of Pledged Receipts. Any such unit of
local government may, by such proceedings, direct that all or
any of such pledged receipts payable to such unit of local
government be paid directly to the Authority or such other
entity (including, without limitation, any trustee) for the
purpose of paying the principal of, premium, if any, and
interest on, and fees relating to, such local government
securities or for the purpose of paying such lease rental
payments to the extent necessary to pay the principal of,
premium, if any, and interest on, and other fees related to,
such local government securities secured by such lease rental
payments. Upon receipt of a certified copy of such proceedings

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by the State Treasurer, the State Comptroller, the Department
of Revenue, the Department of Transportation or the State
Superintendent of Education, as the case may be, such
Department or State Superintendent shall direct the State
Comptroller and State Treasurer to pay to, or on behalf of, the
Authority or such other entity (including, without limitation,
any trustee) all or such portion of the pledged receipts from
the Department of Revenue, or the Department of Transportation
or the State Superintendent of Education (directly or
indirectly through regional superintendents of schools), as
the case may be, sufficient to pay the principal of and
premium, if any, and interest on, and other fees related to,
the local governmental securities for which the pledge was
made or to pay such lease rental payments securing such local
government securities for which the pledge was made. The
proceedings shall constitute authorization for such a
directive to the State Comptroller to cause orders to be drawn
and to the State Treasurer to pay in accordance with such
directive. To the extent that the Authority or its designee
notifies the Department of Revenue, the Department of
Transportation or the State Superintendent of Education, as
the case may be, that the unit of local government has
previously paid to the Authority or its designee the amount of
any principal, premium, interest and fees payable from such
pledged receipts, the State Comptroller shall cause orders to
be drawn and the State Treasurer shall pay such pledged

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receipts to the unit of local government as if they were not
pledged receipts. To the extent that such receipts are pledged
and paid to the Authority or such other entity, any taxes which
have been levied or fees or charges assessed pursuant to law on
account of the issuance of such local government securities
shall be paid to the unit of local government and may be used
for the purposes for which the pledged receipts would have
been used.
(c) Payment of Pledged Receipts upon Default. Any such
unit of local government may, by such proceedings, direct that
such pledged receipts payable to such unit of local government
be paid to the Authority or such other entity (including,
without limitation, any trustee) upon a default in the payment
of any principal of, premium, if any, or interest on, or fees
relating to, any of the local government securities of such
unit of local government which have been sold or delivered to
the Authority or its designee or any of the local government
securities which have been sold or delivered to the Authority
or its designee and which are secured by such lease rental
payments. If such local governmental security is in default as
to the payment of principal thereof, premium, if any, or
interest thereon, or fees relating thereto, to the extent that
the State Treasurer, the State Comptroller, the Department of
Revenue, the Department of Transportation or the State
Superintendent of Education (directly or indirectly through
regional superintendents of schools) shall be the custodian at

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any time of any other available funds or moneys pledged to the
payment of such local government securities or such lease
rental payments securing such local government securities
pursuant to this Section and due or payable to such a unit of
local government at any time subsequent to written notice to
the State Comptroller and State Treasurer from the Authority
or any entity acting on behalf of the Authority (including,
without limitation, any trustee) to the effect that such unit
of local government has not paid or is in default as to payment
of the principal of, premium, if any, or interest on, or fees
relating to, any local government security sold or delivered
to the Authority or any such entity (including, without
limitation, any trustee) or has not paid or is in default as to
the payment of such lease rental payments securing the payment
of the principal of, premium, if any, or interest on, or other
fees relating to, any local government security sold or
delivered to the Authority or such other entity (including,
without limitation, any trustee):
(i) The State Comptroller and the State Treasurer
shall withhold the payment of such funds or moneys from
such unit of local government until the amount of such
principal, premium, if any, interest or fees then due and
unpaid has been paid to the Authority or any such entity
(including, without limitation, any trustee), or the State
Comptroller and the State Treasurer have been advised that
arrangements, satisfactory to the Authority or such

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entity, have been made for the payment of such principal,
premium, if any, interest and fees; and
(ii) Within 10 days after a demand for payment by the
Authority or such entity given to such unit of local
government, the State Treasurer and the State Comptroller,
the State Treasurer shall pay such funds or moneys as are
legally available therefor to the Authority or such entity
for the payment of principal of, premium, if any, or
interest on, or fees relating to, such local government
securities. The Authority or any such entity may carry out
this Section and exercise all the rights, remedies and
provisions provided or referred to in this Section.
(d) Remedies. Upon the sale or delivery of any local
government securities of the Authority or its designee, the
local government which issued such local government securities
shall be deemed to have agreed that upon its failure to pay
interest or premium, if any, on, or principal of, or fees
relating to, the local government securities sold or delivered
to the Authority or any entity acting on behalf of the
Authority (including, without limitation, any trustee) when
payable, all statutory defenses to nonpayment are thereby
waived. Upon a default in payment of principal of or interest
on any local government securities issued by a unit of local
government and sold or delivered to the Authority or its
designee, and upon demand on the unit of local government for
payment, if the local government securities are payable from

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property taxes and funds are not legally available in the
treasury of the unit of local government to make payment, an
action in mandamus for the levy of a tax by the unit of local
government to pay the principal of or interest on the local
government securities shall lie, and the Authority or such
entity shall be constituted a holder or owner of the local
government securities as being in default. Upon the occurrence
of any failure or default with respect to any local government
securities issued by a unit of local government, the Authority
or such entity may thereupon avail itself of all remedies,
rights and provisions of law applicable in the circumstances,
and the failure to exercise or exert any rights or remedies
within a time or period provided by law may not be raised as a
defense by the unit of local government.
(Source: P.A. 93-205, eff. 1-1-04.)
Section 20.12. The Illinois State Auditing Act is amended
by changing Section 3-1 as follows:
(30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
Sec. 3-1. Jurisdiction of Auditor General. The Auditor
General has jurisdiction over all State agencies to make post
audits and investigations authorized by or under this Act or
the Constitution.
The Auditor General has jurisdiction over local government
agencies and private agencies only:

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(a) to make such post audits authorized by or under
this Act as are necessary and incidental to a post audit of
a State agency or of a program administered by a State
agency involving public funds of the State, but this
jurisdiction does not include any authority to review
local governmental agencies in the obligation, receipt,
expenditure or use of public funds of the State that are
granted without limitation or condition imposed by law,
other than the general limitation that such funds be used
for public purposes;
(b) to make investigations authorized by or under this
Act or the Constitution; and
(c) to make audits of the records of local government
agencies to verify actual costs of state-mandated programs
when directed to do so by the Legislative Audit Commission
at the request of the State Board of Appeals under the
State Mandates Act.
In addition to the foregoing, the Auditor General may
conduct an audit of the Metropolitan Pier and Exposition
Authority, the Metropolitan Mobility Authority, Regional
Transportation Authority, the Suburban Bus Division, the
Commuter Rail Division and the Chicago Transit Authority and
any other subsidized carrier when authorized by the
Legislative Audit Commission. Such audit may be a financial,
management or program audit, or any combination thereof.
The audit shall determine whether they are operating in

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accordance with all applicable laws and regulations. Subject
to the limitations of this Act, the Legislative Audit
Commission may by resolution specify additional determinations
to be included in the scope of the audit.
In addition to the foregoing, the Auditor General must
also conduct a financial audit of the Illinois Sports
Facilities Authority's expenditures of public funds in
connection with the reconstruction, renovation, remodeling,
extension, or improvement of all or substantially all of any
existing "facility", as that term is defined in the Illinois
Sports Facilities Authority Act.
The Auditor General may also conduct an audit, when
authorized by the Legislative Audit Commission, of any
hospital which receives 10% or more of its gross revenues from
payments from the State of Illinois, Department of Healthcare
and Family Services (formerly Department of Public Aid),
Medical Assistance Program.
The Auditor General is authorized to conduct financial and
compliance audits of the Illinois Distance Learning Foundation
and the Illinois Conservation Foundation.
As soon as practical after the effective date of this
amendatory Act of 1995, the Auditor General shall conduct a
compliance and management audit of the City of Chicago and any
other entity with regard to the operation of Chicago O'Hare
International Airport, Chicago Midway Airport and Merrill C.
Meigs Field. The audit shall include, but not be limited to, an

SB3936 - 329 - LRB103 40367 AWJ 72644 b
examination of revenues, expenses, and transfers of funds;
purchasing and contracting policies and practices; staffing
levels; and hiring practices and procedures. When completed,
the audit required by this paragraph shall be distributed in
accordance with Section 3-14.
The Auditor General shall conduct a financial and
compliance and program audit of distributions from the
Municipal Economic Development Fund during the immediately
preceding calendar year pursuant to Section 8-403.1 of the
Public Utilities Act at no cost to the city, village, or
incorporated town that received the distributions.
The Auditor General must conduct an audit of the Health
Facilities and Services Review Board pursuant to Section 19.5
of the Illinois Health Facilities Planning Act.
The Auditor General of the State of Illinois shall
annually conduct or cause to be conducted a financial and
compliance audit of the books and records of any county water
commission organized pursuant to the Water Commission Act of
1985 and shall file a copy of the report of that audit with the
Governor and the Legislative Audit Commission. The filed audit
shall be open to the public for inspection. The cost of the
audit shall be charged to the county water commission in
accordance with Section 6z-27 of the State Finance Act. The
county water commission shall make available to the Auditor
General its books and records and any other documentation,
whether in the possession of its trustees or other parties,

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necessary to conduct the audit required. These audit
requirements apply only through July 1, 2007.
The Auditor General must conduct audits of the Rend Lake
Conservancy District as provided in Section 25.5 of the River
Conservancy Districts Act.
The Auditor General must conduct financial audits of the
Southeastern Illinois Economic Development Authority as
provided in Section 70 of the Southeastern Illinois Economic
Development Authority Act.
The Auditor General shall conduct a compliance audit in
accordance with subsections (d) and (f) of Section 30 of the
Innovation Development and Economy Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09;
96-939, eff. 6-24-10.)
(30 ILCS 5/3-2.3 rep.)
Section 20.12a. The Illinois State Auditing Act is amended
by repealing Section 3-2.3.
Section 20.13. The State Finance Act is amended by
changing Sections 5.277, 5.918, 6z-17, 6z-20, 6z-27, 6z-109,
8.25g, and 8.3 and by adding Sections 5.1015 and 5.1016 as
follows:
(30 ILCS 105/5.277) (from Ch. 127, par. 141.277)
Sec. 5.277. The Metropolitan Mobility Regional

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Transportation Authority Occupation and Use Tax Replacement
Fund.
(Source: P.A. 86-928; 86-1028.)
(30 ILCS 105/5.918)
Sec. 5.918. The Metropolitan Mobility Regional
Transportation Authority Capital Improvement Fund.
(Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19;
102-558, eff. 8-20-21.)
(30 ILCS 105/5.1015 new)
Sec. 5.1015. The Transit-Supportive Development Fund.
(30 ILCS 105/5.1016 new)
Sec. 5.1016. The Metropolitan Mobility Authority
Additional Operating Funding Fund.
(30 ILCS 105/6z-17) (from Ch. 127, par. 142z-17)
Sec. 6z-17. State and Local Sales Tax Reform Fund.
(a) After deducting the amount transferred to the Tax
Compliance and Administration Fund under subsection (b), of
the money paid into the State and Local Sales Tax Reform Fund:
(i) subject to appropriation to the Department of Revenue,
Municipalities having 1,000,000 or more inhabitants shall
receive 20% and may expend such amount to fund and establish a
program for developing and coordinating public and private

SB3936 - 332 - LRB103 40367 AWJ 72644 b
resources targeted to meet the affordable housing needs of
low-income and very low-income households within such
municipality, (ii) 10% shall be transferred into the
Metropolitan Mobility Regional Transportation Authority
Occupation and Use Tax Replacement Fund, a special fund in the
State treasury which is hereby created, (iii) until July 1,
2013, subject to appropriation to the Department of
Transportation, the Madison County Mass Transit District shall
receive .6%, and beginning on July 1, 2013, subject to
appropriation to the Department of Revenue, 0.6% shall be
distributed each month out of the Fund to the Madison County
Mass Transit District, (iv) the following amounts, plus any
cumulative deficiency in such transfers for prior months,
shall be transferred monthly into the Build Illinois Fund and
credited to the Build Illinois Bond Account therein:
Fiscal Year Amount
1990 $2,700,000
1991 1,850,000
1992 2,750,000
1993 2,950,000
From Fiscal Year 1994 through Fiscal Year 2025 the
transfer shall total $3,150,000 monthly, plus any cumulative
deficiency in such transfers for prior months, and (v) the
remainder of the money paid into the State and Local Sales Tax
Reform Fund shall be transferred into the Local Government
Distributive Fund and, except for municipalities with

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1,000,000 or more inhabitants which shall receive no portion
of such remainder, shall be distributed, subject to
appropriation, in the manner provided by Section 2 of "An Act
in relation to State revenue sharing with local government
entities", approved July 31, 1969, as now or hereafter
amended. Municipalities with more than 50,000 inhabitants
according to the 1980 U.S. Census and located within the Metro
East Mass Transit District receiving funds pursuant to
provision (v) of this paragraph may expend such amounts to
fund and establish a program for developing and coordinating
public and private resources targeted to meet the affordable
housing needs of low-income and very low-income households
within such municipality.
Moneys transferred from the Grocery Tax Replacement Fund
to the State and Local Sales Tax Reform Fund under Section
6z-130 shall be treated under this Section in the same manner
as if they had been remitted with the return on which they were
reported.
(b) Beginning on the first day of the first calendar month
to occur on or after the effective date of this amendatory Act
of the 98th General Assembly, each month the Department of
Revenue shall certify to the State Comptroller and the State
Treasurer, and the State Comptroller shall order transferred
and the State Treasurer shall transfer from the State and
Local Sales Tax Reform Fund to the Tax Compliance and
Administration Fund, an amount equal to 1/12 of 5% of 20% of

SB3936 - 334 - LRB103 40367 AWJ 72644 b
the cash receipts collected during the preceding fiscal year
by the Audit Bureau of the Department of Revenue under the Use
Tax Act, the Service Use Tax Act, the Service Occupation Tax
Act, the Retailers' Occupation Tax Act, and associated local
occupation and use taxes administered by the Department. The
amount distributed under subsection (a) each month shall first
be reduced by the amount transferred to the Tax Compliance and
Administration Fund under this subsection (b). Moneys
transferred to the Tax Compliance and Administration Fund
under this subsection (b) shall be used, subject to
appropriation, to fund additional auditors and compliance
personnel at the Department of Revenue.
(Source: P.A. 102-700, eff. 4-19-22.)
(30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20)
Sec. 6z-20. County and Mass Transit District Fund. Of the
money received from the 6.25% general rate (and, beginning
July 1, 2000 and through December 31, 2000, the 1.25% rate on
motor fuel and gasohol, and beginning on August 6, 2010
through August 15, 2010, and beginning again on August 5, 2022
through August 14, 2022, the 1.25% rate on sales tax holiday
items) on sales subject to taxation under the Retailers'
Occupation Tax Act and Service Occupation Tax Act and paid
into the County and Mass Transit District Fund, distribution
to the Metropolitan Mobility Authority Occupation and Use Tax
Replacement Fund Regional Transportation Authority tax fund,

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created pursuant to Section 6.02 4.03 of the Metropolitan
Mobility Regional Transportation Authority Act, for deposit
therein shall be made based upon the retail sales occurring in
a county having more than 3,000,000 inhabitants. The remainder
shall be distributed to each county having 3,000,000 or fewer
inhabitants based upon the retail sales occurring in each such
county.
For the purpose of determining allocation to the local
government unit, a retail sale by a producer of coal or other
mineral mined in Illinois is a sale at retail at the place
where the coal or other mineral mined in Illinois is extracted
from the earth. This paragraph does not apply to coal or other
mineral when it is delivered or shipped by the seller to the
purchaser at a point outside Illinois so that the sale is
exempt under the United States Constitution as a sale in
interstate or foreign commerce.
Of the money received from the 6.25% general use tax rate
on tangible personal property which is purchased outside
Illinois at retail from a retailer and which is titled or
registered by any agency of this State's government and paid
into the County and Mass Transit District Fund, the amount for
which Illinois addresses for titling or registration purposes
are given as being in each county having more than 3,000,000
inhabitants shall be distributed into the Metropolitan
Mobility Authority Occupation and Use Tax Replacement Fund
Regional Transportation Authority tax fund, created pursuant

SB3936 - 336 - LRB103 40367 AWJ 72644 b
to Section 6.02 4.03 of the Metropolitan Mobility Regional
Transportation Authority Act. The remainder of the money paid
from such sales shall be distributed to each county based on
sales for which Illinois addresses for titling or registration
purposes are given as being located in the county. Any money
paid into the Regional Transportation Authority Occupation and
Use Tax Replacement Fund from the County and Mass Transit
District Fund prior to January 14, 1991, which has not been
paid to the Authority prior to that date, shall be transferred
to the Regional Transportation Authority tax fund.
Whenever the Department determines that a refund of money
paid into the County and Mass Transit District Fund should be
made to a claimant instead of issuing a credit memorandum, the
Department shall notify the State Comptroller, who shall cause
the order to be drawn for the amount specified, and to the
person named, in such notification from the Department. Such
refund shall be paid by the State Treasurer out of the County
and Mass Transit District Fund.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the
Department of Revenue, the Comptroller shall order
transferred, and the Treasurer shall transfer, to the STAR
Bonds Revenue Fund the local sales tax increment, as defined
in the Innovation Development and Economy Act, collected
during the second preceding calendar month for sales within a
STAR bond district and deposited into the County and Mass

SB3936 - 337 - LRB103 40367 AWJ 72644 b
Transit District Fund, less 3% of that amount, which shall be
transferred into the Tax Compliance and Administration Fund
and shall be used by the Department, subject to appropriation,
to cover the costs of the Department in administering the
Innovation Development and Economy Act.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the Metropolitan
Mobility Regional Transportation Authority and to named
counties, the counties to be those entitled to distribution,
as hereinabove provided, of taxes or penalties paid to the
Department during the second preceding calendar month. The
amount to be paid to the Metropolitan Mobility Regional
Transportation Authority and each county having 3,000,000 or
fewer inhabitants shall be the amount (not including credit
memoranda) collected during the second preceding calendar
month by the Department and paid into the County and Mass
Transit District Fund, plus an amount the Department
determines is necessary to offset any amounts which were
erroneously paid to a different taxing body, and not including
an amount equal to the amount of refunds made during the second
preceding calendar month by the Department, and not including
any amount which the Department determines is necessary to
offset any amounts which were payable to a different taxing
body but were erroneously paid to the Metropolitan Mobility

SB3936 - 338 - LRB103 40367 AWJ 72644 b
Regional Transportation Authority or county, and not including
any amounts that are transferred to the STAR Bonds Revenue
Fund, less 1.5% of the amount to be paid to the Metropolitan
Mobility Regional Transportation Authority, which shall be
transferred into the Tax Compliance and Administration Fund.
The Department, at the time of each monthly disbursement to
the Metropolitan Mobility Regional Transportation Authority,
shall prepare and certify to the State Comptroller the amount
to be transferred into the Tax Compliance and Administration
Fund under this Section. Within 10 days after receipt, by the
Comptroller, of the disbursement certification to the
Metropolitan Mobility Regional Transportation Authority,
counties, and the Tax Compliance and Administration Fund
provided for in this Section to be given to the Comptroller by
the Department, the Comptroller shall cause the orders to be
drawn for the respective amounts in accordance with the
directions contained in such certification.
When certifying the amount of a monthly disbursement to
the Metropolitan Mobility Regional Transportation Authority or
to a county under this Section, the Department shall increase
or decrease that amount by an amount necessary to offset any
misallocation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the 6 months
preceding the time a misallocation is discovered.
The provisions directing the distributions from the
special fund in the State treasury Treasury provided for in

SB3936 - 339 - LRB103 40367 AWJ 72644 b
this Section and from the Metropolitan Mobility Authority
Occupation and Use Tax Replacement Fund Regional
Transportation Authority tax fund created by Section 6.02 4.03
of the Metropolitan Mobility Regional Transportation Authority
Act shall constitute an irrevocable and continuing
appropriation of all amounts as provided herein. The State
Treasurer and State Comptroller are hereby authorized to make
distributions as provided in this Section.
In construing any development, redevelopment, annexation,
preannexation or other lawful agreement in effect prior to
September 1, 1990, which describes or refers to receipts from
a county or municipal retailers' occupation tax, use tax or
service occupation tax which now cannot be imposed, such
description or reference shall be deemed to include the
replacement revenue for such abolished taxes, distributed from
the County and Mass Transit District Fund or Local Government
Distributive Fund, as the case may be.
(Source: P.A. 102-700, eff. 4-19-22.)
(30 ILCS 105/6z-27)
Sec. 6z-27. All moneys in the Audit Expense Fund shall be
transferred, appropriated and used only for the purposes
authorized by, and subject to the limitations and conditions
prescribed by, the Illinois State Auditing Act.
Within 30 days after July 1, 2023, or as soon thereafter as
practical, the State Comptroller shall order transferred and

SB3936 - 340 - LRB103 40367 AWJ 72644 b
the State Treasurer shall transfer from the following funds
moneys in the specified amounts for deposit into the Audit
Expense Fund:
African-American HIV/AIDS Response RESP Fund...........$1,421
Agricultural Premium Fund............................$122,719
Alzheimer's Awareness Fund.............................$1,499
Alzheimer's Disease Research, Care, and Support Fund.....$662
Amusement Ride and Patron Safety Fund..................$6,315
Assisted Living and & Shared Housing Regulatory
House Regulation Fund..............................$2,564
Capital Development Board Revolving Fund..............$15,118
Care Provider Fund for Persons with a Developmental
Disability........................................$15,392
Carolyn Adams Ticket For The Cure Grant Fund.............$927
CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial
Driver's License Information
System/American Association of
Motor Vehicle Administrators
network/National Motor Vehicle
Title Information Service Trust Fund)..............$5,236
Chicago Police Memorial Foundation Fund..................$708
Chicago State University Education Improvement Fund...$13,666
Child Labor and Day and Temporary Labor
Services Enforcement Fund.........................$11,991
Child Support Administrative Fund......................$5,287
Clean Air Act Permit Fund..............................$1,556

SB3936 - 341 - LRB103 40367 AWJ 72644 b
Coal Technology Development Assistance Fund............$6,936
Common School Fund...................................$343,892
Community Mental Health Medicaid Trust Fund...........$14,084
Corporate Franchise Tax Refund Fund....................$1,096
DCFS Children's Services Fund..........................$8,766
Death Certificate Surcharge Fund.......................$2,060
Death Penalty Abolition Fund...........................$2,448
Department of Business Services Service Special
Operations Fund...................................$13,889
Department of Human Services DHS Community
Services Fund......................................$7,970
Downstate Public Transportation Fund..................$11,631
Dram Shop Fund.......................................$142,500
Driver Services Administration Fund....................$1,873
Drug Rebate Fund......................................$42,473
Drug Treatment Fund....................................$1,767
Education Assistance Fund..........................$2,031,292
Emergency Public Health Fund...........................$5,162
Environmental Protection Permit and Inspection Fund....$1,447
Estate Tax Refund Fund...................................$852
Facilities Management Revolving Fund..................$50,148
Facility Licensing Fund................................$5,522
Fair and & Exposition Fund.............................$4,248
Feed Control Fund......................................$7,709
Fertilizer Control Fund................................$6,849
Fire Prevention Fund...................................$3,859

SB3936 - 342 - LRB103 40367 AWJ 72644 b
Fund for the Advancement of Education.................$24,772
General Assembly Operations Revolving Rev Fund.........$1,146
General Professions Dedicated Fund.....................$4,039
General Revenue Fund..............................$17,653,153
Governor's Administrative Fund.........................$2,832
Governor's Grant Fund.................................$17,709
Grade Crossing Protection Fund...........................$930
Grant Accountability and / Transparency Fund.............$805
Guardianship and & Advocacy Fund......................$14,843
Hazardous Waste Fund.....................................$835
Health Facility Plan Review Fund.......................$1,776
Health and Human Services Service Medicaid Trust Fund..$6,554
Healthcare Provider Relief Fund......................$407,107
Healthy Smiles Fund......................................$738
Home Care Services Agency Licensure Fund...............$3,101
Hospital Licensure Fund................................$1,688
Hospital Provider Fund...............................$138,829
ICCB Federal Trust Fund...............................$9,968
ICJIA Violence Prevention Fund...........................$932
Illinois IL Affordable Housing Trust Fund.............$17,236
Illinois IL Clean Water Fund...........................$2,152
Illinois IL Community College Board
Contracts and Grants Fund ..........................$9,968
Illinois IL Health Facilities Planning Fund............$3,094
IMSA Income Fund......................................$12,417
Illinois IL Power Agency Operations Fund..............$62,583

SB3936 - 343 - LRB103 40367 AWJ 72644 b
Illinois IL School Asbestos Abatement Fund...............$784
Illinois IL State Fair Fund...........................$29,752
Illinois IL State Police Memorial Park Fund..............$681
Illinois Telecommunications IL Telecom Access
Corporation Fund...................................$1,668
Illinois IL Underground Utility Facilities
Facility Damage Prevention Fund....................$4,276
Illinois IL Veterans' Rehabilitation Fund..............$5,943
Illinois IL Workers' Compensation Commission
Operations Fund..................................$243,187
Income Tax Refund Fund................................$54,420
Lead Poisoning Screening, Prevention, and
Abatement Fund....................................$16,379
Live and Learn Fund...................................$25,492
Lobbyist Registration Administration Fund..............$1,471
Local Government Distributive Fund....................$44,025
Long Term Care Monitor/Receiver Receive Fund..........$42,016
Long-Term Long Term Care Provider Fund................$13,537
Low-Level Radioactive Low Level Rad Facility
Development and Operation Dev & Op Fund..............$618
Mandatory Arbitration Fund.............................$2,104
Medical Special Purposes Purpose Trust Fund..............$786
Mental Health Fund.....................................$9,376
Mental Health Reporting Fund...........................$1,443
Metabolic Screening and & Treatment Fund..............$32,049
Monitoring Device Driving Permit Administration

SB3936 - 344 - LRB103 40367 AWJ 72644 b
Fee Fund...........................................$1,616
Motor Fuel Tax Fund...................................$36,238
Motor Vehicle License Plate Fund......................$17,694
Motor Vehicle Theft Prevention and Insurance
Verification Trust.................................10,970
Multiple Sclerosis Research Fund.........................$758
Nuclear Safety Emergency Preparedness Fund............$26,117
Nursing Dedicated and Professional Fund................$2,420
Open Space Lands Acquisition and & Development Fund......$658
Partners For Conservation Fund........................$89,847
Pension Stabilization Fund.............................$1,031
Personal Property Tax Replacement Fund...............$290,755
Pesticide Control Fund................................$30,513
Plumbing Licensure and & Program Fund..................$6,276
Police Memorial Committee Fund...........................$813
Professional Services Fund............................$72,029
Public Health Laboratory Lab Services Revolving
Rev Fund...........................................$5,816
Public Transportation Fund............................$46,826
Public Utility Fund..................................$198,423
Radiation Protection Fund.............................$11,034
Renewable Energy Resources Trust Fund..................$7,834
Road Fund............................................$226,150
Regional Transportation Authority RTA Occupation
and & Use Tax Replacement Fund (now the
Metropolitan Mobility Authority Occupation

SB3936 - 345 - LRB103 40367 AWJ 72644 b
and Use Tax Replacement Fund) ......................$1,167
School Infrastructure Fund.............................$7,749
Secretary of State DUI Administration Fund.............$2,694
Secretary of State Identification & Security
and Theft Prevention Fund.........................$12,676
Secretary of State Police Services Fund..................$717
Secretary of State Special License Plate Fund..........$4,203
Secretary of State Special Services Fund..............$34,491
Securities Audit and Enforcement Fund..................$8,198
Solid Waste Management Fund............................$1,613
Special Olympics Illinois and Special
Children's Charities Fund............................$852
Special Education Medicaid Matching Fund...............$5,131
Sports Wagering Fund...................................$4,450
State and Local Sales Tax Reform Fund..................$2,361
State Construction Account Fund.......................$37,865
State Gaming Fund.....................................$94,435
State Garage Revolving Fund............................$8,977
State Lottery Fund...................................$340,323
State Pensions Fund..................................$500,000
State Treasurer's Bank Services Trust Fund.............$1,295
Supreme Court Special Purposes Fund....................$1,722
Tattoo and & Body Piercing Establishment
Registration Fund....................................$950
Tax Compliance and & Administration Fund...............$1,483
Technology Management Revolving Fund.................$186,193

SB3936 - 346 - LRB103 40367 AWJ 72644 b
Tobacco Settlement Recovery Fund......................$29,864
Tourism Promotion Fund................................$50,155
Transportation Regulatory Fund........................$78,256
Trauma Center Fund.....................................$1,960
Underground Storage Tank Fund..........................$3,630
University of Illinois IL Hospital Services Fund.......$6,712
Vehicle Hijacking and Motor Vehicle
Theft Prevention and Insurance
Verification Trust Fund...........................$10,970
Vehicle Inspection Fund................................$5,069
Weights and Measures Fund.............................$22,129
Youth Alcoholism and & Substance Abuse Prevention Fund...$526
Notwithstanding any provision of the law to the contrary,
the General Assembly hereby authorizes the use of such funds
for the purposes set forth in this Section.
These provisions do not apply to funds classified by the
Comptroller as federal trust funds or State trust funds. The
Audit Expense Fund may receive transfers from those trust
funds only as directed herein, except where prohibited by the
terms of the trust fund agreement. The Auditor General shall
notify the trustees of those funds of the estimated cost of the
audit to be incurred under the Illinois State Auditing Act for
the fund. The trustees of those funds shall direct the State
Comptroller and Treasurer to transfer the estimated amount to
the Audit Expense Fund.
The Auditor General may bill entities that are not subject

SB3936 - 347 - LRB103 40367 AWJ 72644 b
to the above transfer provisions, including private entities,
related organizations and entities whose funds are
locally-held, for the cost of audits, studies, and
investigations incurred on their behalf. Any revenues received
under this provision shall be deposited into the Audit Expense
Fund.
In the event that moneys on deposit in any fund are
unavailable, by reason of deficiency or any other reason
preventing their lawful transfer, the State Comptroller shall
order transferred and the State Treasurer shall transfer the
amount deficient or otherwise unavailable from the General
Revenue Fund for deposit into the Audit Expense Fund.
On or before December 1, 1992, and each December 1
thereafter, the Auditor General shall notify the Governor's
Office of Management and Budget (formerly Bureau of the
Budget) of the amount estimated to be necessary to pay for
audits, studies, and investigations in accordance with the
Illinois State Auditing Act during the next succeeding fiscal
year for each State fund for which a transfer or reimbursement
is anticipated.
Beginning with fiscal year 1994 and during each fiscal
year thereafter, the Auditor General may direct the State
Comptroller and Treasurer to transfer moneys from funds
authorized by the General Assembly for that fund. In the event
funds, including federal and State trust funds but excluding
the General Revenue Fund, are transferred, during fiscal year

SB3936 - 348 - LRB103 40367 AWJ 72644 b
1994 and during each fiscal year thereafter, in excess of the
amount to pay actual costs attributable to audits, studies,
and investigations as permitted or required by the Illinois
State Auditing Act or specific action of the General Assembly,
the Auditor General shall, on September 30, or as soon
thereafter as is practicable, direct the State Comptroller and
Treasurer to transfer the excess amount back to the fund from
which it was originally transferred.
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
103-8, eff. 6-7-23; 103-129, eff. 6-30-23; revised 11-21-23.)
(30 ILCS 105/6z-109)
Sec. 6z-109. Metropolitan Mobility Regional Transportation
Authority Capital Improvement Fund.
(a) The Metropolitan Mobility Regional Transportation
Authority Capital Improvement Fund is created as a special
fund in the State treasury and shall receive a portion of the
moneys deposited into the Transportation Renewal Fund from
Motor Fuel Tax revenues pursuant to Section 8b of the Motor
Fuel Tax Law.
(b) Money in the Metropolitan Mobility Regional
Transportation Authority Capital Improvement Fund shall be
used exclusively for transportation-related purposes as
described in Section 11 of Article IX of the Illinois
Constitution of 1970.
(Source: P.A. 101-30, eff. 6-28-19.)

SB3936 - 349 - LRB103 40367 AWJ 72644 b
(30 ILCS 105/8.3)
Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and payable,
and for no other purpose. The surplus, if any, in the Road Fund
after the payment of principal and interest on that bonded
indebtedness then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code, except the cost
of administration of Articles I and II of Chapter 3 of that
Code, and to pay the costs of the Executive Ethics
Commission for oversight and administration of the Chief
Procurement Officer appointed under paragraph (2) of
subsection (a) of Section 10-20 of the Illinois
Procurement Code for transportation; and
secondly -- for expenses of the Department of
Transportation for construction, reconstruction,
improvement, repair, maintenance, operation, and
administration of highways in accordance with the
provisions of laws relating thereto, or for any purpose
related or incident to and connected therewith, including
the separation of grades of those highways with railroads
and with highways and including the payment of awards made

SB3936 - 350 - LRB103 40367 AWJ 72644 b
by the Illinois Workers' Compensation Commission under the
terms of the Workers' Compensation Act or Workers'
Occupational Diseases Act for injury or death of an
employee of the Division of Highways in the Department of
Transportation; or for the acquisition of land and the
erection of buildings for highway purposes, including the
acquisition of highway right-of-way or for investigations
to determine the reasonably anticipated future highway
needs; or for making of surveys, plans, specifications and
estimates for and in the construction and maintenance of
flight strips and of highways necessary to provide access
to military and naval reservations, to defense industries
and defense-industry sites, and to the sources of raw
materials and for replacing existing highways and highway
connections shut off from general public use at military
and naval reservations and defense-industry sites, or for
the purchase of right-of-way, except that the State shall
be reimbursed in full for any expense incurred in building
the flight strips; or for the operating and maintaining of
highway garages; or for patrolling and policing the public
highways and conserving the peace; or for the operating
expenses of the Department relating to the administration
of public transportation programs; or, during fiscal year
2023, for the purposes of a grant not to exceed $8,394,800
to the Regional Transportation Authority (now the
Metropolitan Mobility Transportation Authority) on behalf

SB3936 - 351 - LRB103 40367 AWJ 72644 b
of PACE for the purpose of ADA/Para-transit expenses; or,
during fiscal year 2024, for the purposes of a grant not to
exceed $9,108,400 to the Regional Transportation Authority
(now the Metropolitan Mobility Transportation Authority)
on behalf of PACE for the purpose of ADA/Para-transit
expenses; or for any of those purposes or any other
purpose that may be provided by law.
Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road
Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Department of Public Health;
2. Department of Transportation, only with respect to
subsidies for one-half fare Student Transportation and
Reduced Fare for Elderly, except fiscal year 2023 when no
more than $17,570,000 may be expended and except fiscal
year 2024 when no more than $19,063,500 may be expended;
3. Department of Central Management Services, except
for expenditures incurred for group insurance premiums of

SB3936 - 352 - LRB103 40367 AWJ 72644 b
appropriate personnel;
4. Judicial Systems and Agencies.
Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Illinois State Police, except for expenditures with
respect to the Division of Patrol and Division of Criminal
Investigation;
2. Department of Transportation, only with respect to
Intercity Rail Subsidies, except fiscal year 2023 when no
more than $55,000,000 may be expended and except fiscal
year 2024 when no more than $60,000,000 may be expended,
and Rail Freight Services.
Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: Department of Central
Management Services, except for awards made by the Illinois
Workers' Compensation Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of

SB3936 - 353 - LRB103 40367 AWJ 72644 b
Highways in the Department of Transportation.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Illinois State Police, except not more than 40% of
the funds appropriated for the Division of Patrol and
Division of Criminal Investigation;
2. State Officers.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency
of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road
Fund monies that are eligible for federal reimbursement. It
shall not be lawful to circumvent the above appropriation
limitations by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
Money in the Road Fund shall, if and when the State of
Illinois incurs any bonded indebtedness for the construction
of permanent highways, be set aside and used for the purpose of
paying and discharging during each fiscal year the principal
and interest on that bonded indebtedness as it becomes due and

SB3936 - 354 - LRB103 40367 AWJ 72644 b
payable as provided in the Transportation Bond Act, and for no
other purpose. The surplus, if any, in the Road Fund after the
payment of principal and interest on that bonded indebtedness
then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code; and
secondly -- no Road Fund monies derived from fees,
excises, or license taxes relating to registration,
operation and use of vehicles on public highways or to
fuels used for the propulsion of those vehicles, shall be
appropriated or expended other than for costs of
administering the laws imposing those fees, excises, and
license taxes, statutory refunds and adjustments allowed
thereunder, administrative costs of the Department of
Transportation, including, but not limited to, the
operating expenses of the Department relating to the
administration of public transportation programs, payment
of debts and liabilities incurred in construction and
reconstruction of public highways and bridges, acquisition
of rights-of-way for and the cost of construction,
reconstruction, maintenance, repair, and operation of
public highways and bridges under the direction and
supervision of the State, political subdivision, or
municipality collecting those monies, or during fiscal
year 2023 for the purposes of a grant not to exceed
$8,394,800 to the Regional Transportation Authority (now

SB3936 - 355 - LRB103 40367 AWJ 72644 b
the Metropolitan Mobility Transportation Authority) on
behalf of PACE for the purpose of ADA/Para-transit
expenses, or during fiscal year 2024 for the purposes of a
grant not to exceed $9,108,400 to the Regional
Transportation Authority (now the Metropolitan Mobility
Transportation Authority) on behalf of PACE for the
purpose of ADA/Para-transit expenses, and the costs for
patrolling and policing the public highways (by the State,
political subdivision, or municipality collecting that
money) for enforcement of traffic laws. The separation of
grades of such highways with railroads and costs
associated with protection of at-grade highway and
railroad crossing shall also be permissible.
Appropriations for any of such purposes are payable from
the Road Fund or the Grade Crossing Protection Fund as
provided in Section 8 of the Motor Fuel Tax Law.
Except as provided in this paragraph, beginning with
fiscal year 1991 and thereafter, no Road Fund monies shall be
appropriated to the Illinois State Police for the purposes of
this Section in excess of its total fiscal year 1990 Road Fund
appropriations for those purposes unless otherwise provided in
Section 5g of this Act. For fiscal years 2003, 2004, 2005,
2006, and 2007 only, no Road Fund monies shall be appropriated
to the Department of State Police for the purposes of this
Section in excess of $97,310,000. For fiscal year 2008 only,
no Road Fund monies shall be appropriated to the Department of

SB3936 - 356 - LRB103 40367 AWJ 72644 b
State Police for the purposes of this Section in excess of
$106,100,000. For fiscal year 2009 only, no Road Fund monies
shall be appropriated to the Department of State Police for
the purposes of this Section in excess of $114,700,000.
Beginning in fiscal year 2010, no Road Fund road fund moneys
shall be appropriated to the Illinois State Police. It shall
not be lawful to circumvent this limitation on appropriations
by governmental reorganization or other methods unless
otherwise provided in Section 5g of this Act.
In fiscal year 1994, no Road Fund monies shall be
appropriated to the Secretary of State for the purposes of
this Section in excess of the total fiscal year 1991 Road Fund
appropriations to the Secretary of State for those purposes,
plus $9,800,000. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other method.
Beginning with fiscal year 1995 and thereafter, no Road
Fund monies shall be appropriated to the Secretary of State
for the purposes of this Section in excess of the total fiscal
year 1994 Road Fund appropriations to the Secretary of State
for those purposes. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other methods.
Beginning with fiscal year 2000, total Road Fund
appropriations to the Secretary of State for the purposes of
this Section shall not exceed the amounts specified for the

SB3936 - 357 - LRB103 40367 AWJ 72644 b
following fiscal years:
Fiscal Year 2000 $80,500,000;
Fiscal Year 2001 $80,500,000;
Fiscal Year 2002 $80,500,000;
Fiscal Year 2003 $130,500,000;
Fiscal Year 2004 $130,500,000;
Fiscal Year 2005 $130,500,000;
Fiscal Year 2006 $130,500,000;
Fiscal Year 2007 $130,500,000;
Fiscal Year 2008 $130,500,000;
Fiscal Year 2009 $130,500,000.
For fiscal year 2010, no road fund moneys shall be
appropriated to the Secretary of State.
Beginning in fiscal year 2011, moneys in the Road Fund
shall be appropriated to the Secretary of State for the
exclusive purpose of paying refunds due to overpayment of fees
related to Chapter 3 of the Illinois Vehicle Code unless
otherwise provided for by law.
It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods.
No new program may be initiated in fiscal year 1991 and
thereafter that is not consistent with the limitations imposed
by this Section for fiscal year 1984 and thereafter, insofar
as appropriation of Road Fund monies is concerned.
Nothing in this Section prohibits transfers from the Road

SB3936 - 358 - LRB103 40367 AWJ 72644 b
Fund to the State Construction Account Fund under Section 5e
of this Act; nor to the General Revenue Fund, as authorized by
Public Act 93-25.
The additional amounts authorized for expenditure in this
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
shall be repaid to the Road Fund from the General Revenue Fund
in the next succeeding fiscal year that the General Revenue
Fund has a positive budgetary balance, as determined by
generally accepted accounting principles applicable to
government.
The additional amounts authorized for expenditure by the
Secretary of State and the Department of State Police in this
Section by Public Act 94-91 shall be repaid to the Road Fund
from the General Revenue Fund in the next succeeding fiscal
year that the General Revenue Fund has a positive budgetary
balance, as determined by generally accepted accounting
principles applicable to government.
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)
(30 ILCS 105/8.25g)
Sec. 8.25g. The Civic and Transit Infrastructure Fund. The
Civic and Transit Infrastructure Fund is created as a special
fund in the State treasury Treasury. Money in the Civic and
Transit Infrastructure Fund shall, when the State of Illinois

SB3936 - 359 - LRB103 40367 AWJ 72644 b
incurs infrastructure indebtedness pursuant to the
public-private partnership entered into by the public agency
on behalf of the State of Illinois with private entity
pursuant to the Public-Private Partnership for Civic and
Transit Infrastructure Project Act, be used for the purpose of
paying and discharging monthly the principal and interest on
that infrastructure indebtedness then due and payable
consistent with the term established in the public-private
agreement entered into by the public agency on behalf of the
State of Illinois. The public agency shall, pursuant to its
authority under the Public-Private Partnership for Civic and
Transit Infrastructure Project Act, annually certify to the
State Comptroller and the State Treasurer the amount necessary
and required, during the fiscal year with respect to which the
certification is made, to pay the amounts due under the
Public-Private Partnership for Civic and Transit
Infrastructure Project Act. On or before the last day of each
month, the State Comptroller and State Treasurer shall
transfer the moneys required to be deposited into the Fund
under Section 3 of the Retailers' Occupation Tax Act and the
Public-Private Partnership for Civic and Transit
Infrastructure Project Act and shall pay from that Fund the
required amount certified by the public agency, plus any
cumulative deficiency in such transfers and payments for prior
months, to the public agency for distribution pursuant to the
Public-Private Partnership for Civic and Transit

SB3936 - 360 - LRB103 40367 AWJ 72644 b
Infrastructure Project Act. Such transferred amount shall be
sufficient to pay all amounts due under the Public-Private
Partnership for Civic and Transit Infrastructure Project Act.
Provided that all amounts deposited in the Fund have been paid
accordingly under the Public-Private Partnership for Civic and
Transit Infrastructure Project Act, all amounts remaining in
the Civic and Transit Infrastructure Fund shall be held in
that Fund for other subsequent payments required under the
Public-Private Partnership for Civic and Transit
Infrastructure Project Act. In the event the State fails to
pay the amount necessary and required under the Public-Private
Partnership for Civic and Transit Infrastructure Project Act
for any reason during the fiscal year with respect to which the
certification is made or if the State takes any steps that
result in an impact to the irrevocable, first priority pledge
of and lien on moneys on deposit in the Civic and Transit
Infrastructure Fund, the public agency shall certify such
delinquent amounts to the State Comptroller and the State
Treasurer and the State Comptroller and the State Treasurer
shall take all steps required to intercept the tax revenues
collected from within the boundary of the civic transit
infrastructure project pursuant to Section 3 of the Retailers'
Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, Section 6.02 4.03 of the Metropolitan Mobility
Regional Transportation Authority Act, and Section 6 of the

SB3936 - 361 - LRB103 40367 AWJ 72644 b
Hotel Operators' Occupation Tax Act, and shall pay such
amounts to the Fund for distribution by the public agency for
the time period required to ensure that the State's
distribution requirements under the Public-Private Partnership
for Civic and Transit Infrastructure Project Act are fully
met.
As used in the Section, "private entity", "public-private
agreement", and "public agency" have meanings provided in
Section 25-10 of the Public-Private Partnership for Civic and
Transit Infrastructure Project Act.
(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)
Section 20.14. The State Officers and Employees Money
Disposition Act is amended by changing Section 2a as follows:
(30 ILCS 230/2a) (from Ch. 127, par. 172)
Sec. 2a. Every officer, board, commission, commissioner,
department, institute, arm, or agency to whom or to which this
Act applies is to notify the State Treasurer as to money paid
to him, her, or it under protest as provided in Section 2a.1,
and the Treasurer is to place the money in a special fund to be
known as the protest fund. At the expiration of 30 days from
the date of payment, the money is to be transferred from the
protest fund to the appropriate fund in which it would have
been placed had there been payment without protest unless the
party making that payment under protest has filed a complaint

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and secured within that 30 days a temporary restraining order
or a preliminary injunction, restraining the making of that
transfer and unless, in addition, within that 30 days, a copy
of the temporary restraining order or preliminary injunction
has been served upon the State Treasurer and also upon the
officer, board, commission, commissioner, department,
institute, arm, or agency to whom or to which the payment under
protest was made, in which case the payment and such other
payments as are subsequently made under notice of protest, as
provided in Section 2a.1, by the same person, the transfer of
which payments is restrained by such temporary restraining
order or preliminary injunction, are to be held in the protest
fund until the final order or judgment of the court. The
judicial remedy herein provided, however, relates only to
questions which must be decided by the court in determining
the proper disposition of the moneys paid under protest. Any
authorized payment from the protest fund shall bear simple
interest at a rate equal to the average of the weekly rates at
issuance on 13-week U.S. Treasury Bills from the date of
deposit into the protest fund to the date of disbursement from
the protest fund. In cases involving temporary restraining
orders or preliminary injunctions entered March 10, 1982, or
thereafter, pursuant to this Section, when the party paying
under protest fails in the protest action the State Treasurer
shall determine if any moneys paid under protest were paid as a
result of assessments under the following provisions: the

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Municipal Retailers' Occupation Tax Act, the Municipal Service
Occupation Tax Act, the Municipal Use Tax Act, the Municipal
Automobile Renting Occupation Tax Act, the Municipal
Automobile Renting Use Tax Act, Section 8-11-9 of the Illinois
Municipal Code, the Tourism, Conventions and Other Special
Events Promotion Act of 1967, the County Automobile Renting
Occupation Tax Act, the County Automobile Renting Use Tax Act,
Section 5-1034 of the Counties Code, Section 5.01 of the Local
Mass Transit District Act, the Downstate Public Transportation
Act, Section 6.02 4.03 of the Metropolitan Mobility Regional
Transportation Authority Act, subsections (c) and (d) of
Section 201 of the Illinois Income Tax Act, Section 2a.1 of the
Messages Tax Act, Section 2a.1 of the Gas Revenue Tax Act,
Section 2a.1 of the Public Utilities Revenue Act, and the
Water Company Invested Capital Tax Act. Any such moneys paid
under protest shall bear simple interest at a rate equal to the
average of the weekly rates at issuance on 13-week U.S.
Treasury Bills from the date of deposit into the protest fund
to the date of disbursement from the protest fund.
It is unlawful for the Clerk of a court, a bank or any
person other than the State Treasurer to be appointed as
trustee with respect to any purported payment under protest,
or otherwise to be authorized by a court to hold any purported
payment under protest, during the pendency of the litigation
involving such purported payment under protest, it being the
expressed intention of the General Assembly that no one is to

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act as custodian of any such purported payment under protest
except the State Treasurer.
No payment under protest within the meaning of this Act
has been made unless paid to an officer, board, commission,
commissioner, department, institute, arm or agency brought
within this Act by Section 1 and unless made in the form
specified by Section 2a.1. No payment into court or to a
circuit clerk or other court-appointed trustee is a payment
under protest within the meaning of this Act.
(Source: P.A. 87-950.)
Section 20.15. The Transportation Bond Act is amended by
changing Section 2 as follows:
(30 ILCS 415/2) (from Ch. 127, par. 702)
Sec. 2. The State of Illinois is authorized to issue, sell
and provide for the retirement of bonds of the State of
Illinois in the amount of $1,729,000,000, hereinafter called
the "Bonds", for the specific purpose of promoting and
assuring rapid, efficient, and safe highway, air and mass
transportation for the inhabitants of the State by providing
monies, including the making of grants and loans, to be used
for the acquisition, construction, reconstruction, extension
and improvement of the following transportation facilities and
equipment and for the acquisition of real property and
interests in real property required or expected to be required

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in connection therewith, and within the limitations set forth
in Section 5.1 of this Act for the specific purpose set forth
in Section 2(b) (2) and (3) of this Act:
(a) (1) the acquisition, construction, reconstruction,
extension and improvement of State highways, arterial
highways, freeways, roads, structures separating highways and
railroads and bridges; and
(2) the repair and reconstruction of bridges on roads
maintained by counties, municipalities, townships or road
districts;
(b) (1) the acquisition, construction, extension,
reconstruction and improvement of mass transportation
facilities including rapid transit, rail, bus and other
equipment used in connection therewith by the State or any
unit of local government, special transportation district,
municipal corporation or other corporation or public authority
authorized to provide and promote public transportation within
the State or two or more of the foregoing acting jointly; and
(2) for the purpose of providing immediate relief from
existing or impending inability to meet principal and interest
payments and thereby aiding in achieving the maximum benefit
for the public from the transportation capital improvement
program, to provide funds for any payments required to be made
for principal of and interest on bonds, certificates,
equipment trust certificates or other evidences of
indebtedness issued or guaranteed prior to the passage of this

SB3936 - 366 - LRB103 40367 AWJ 72644 b
Act by the State or any unit of local government, special
transportation district, municipal corporation or other
corporation or public authority authorized to provide public
transportation within the State, or two or more of the
foregoing acting jointly, pursuant to any indenture,
ordinance, resolution, agreement or contract to obtain and
finance transportation facilities; and,
(3) for the purpose of reimbursing the General Revenue
Fund for monies paid from the General Revenue Fund after
passage of this Act for the purpose described in Section 2(b)
(2).
(c) the acquisition, construction, extension,
reconstruction, and improvement of airport or aviation
facilities and any equipment used in connection therewith,
including reimbursement for certain engineering and land
acquisition costs as provided in Section 34a of the "Illinois
Aeronautics Act", approved July 24, 1945, as amended, by the
State or any unit of local government, special transportation
district, municipal corporation or other corporation or public
authority authorized to provide public transportation within
the State or two or more of the foregoing acting jointly.
$1,326,000,000 of the Bonds will be used for State highway
acquisition, construction, reconstruction, extension and
improvement as specifically described herein, hereinafter
called the "Transportation Bonds, Series A". $363,000,000 of
the Bonds will be used for the mass transportation purposes

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specifically described herein and $40,000,000 of the Bonds
will be used for the aviation purposes specifically described
herein, such $403,000,000 of Bonds collectively hereinafter
called the "Transportation Bonds, Series B".
The $75,000,000 authorized for mass transportation
purposes by this amendatory Act of 1973 shall be used for the
acquisition of mass transportation equipment including rail
and bus, and other equipment used in connection therewith for
the area comprising the counties of DuPage, Kane, Lake,
McHenry and Will, and that portion of the County of Cook
outside the City of Chicago, as determined by the Metropolitan
Mobility Regional Transportation Authority established
pursuant to the Metropolitan Mobility "The Regional
Transportation Authority Act", enacted by the 78th General
Assembly. The proceeds of the sale of such bonds shall be
expended only to, or with the approval of, such Authority.
Nothing in this paragraph prohibits that Authority from using
or approving the use of such proceeds for purposes of
acquisition of mass transportation equipment for use between
such area and other areas.
Of the Bonds authorized to be used for highway purposes,
the proceeds of $14,965,100 of such bonds shall be used by the
Department of Transportation for the purpose of the repair and
reconstruction of unsafe and substandard bridges on roads
maintained by counties, municipalities, townships and road
districts under the Illinois Highway Code and the proceeds of

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$12,000,000 of such bonds shall be used by the Department of
Transportation for the same purposes as provided in Sections
6-902 through 6-905 of the Illinois Highway Code.
Of the Bonds authorized to be sold for highway purposes,
the proceeds of $36,939,400 of the Bonds shall be used for such
purposes within the City of Chicago, the proceeds of
$42,457,000 of the Bonds shall be used for such purposes in the
Chicago urbanized area, the proceeds of $46,359,000 of the
bonds shall be used for such purposes outside the Chicago
urbanized area, the proceeds of $142,105,500 of the Bonds
shall be used for such purposes within the Counties of Cook,
DuPage, Kane, Lake, McHenry and Will, the proceeds of
$181,139,100 of the Bonds shall be used for such purposes
within the Counties of the State outside the Counties of Cook,
DuPage, Kane, Lake, McHenry and Will.
Of the $106,000,000 of Bonds authorized to be sold for
mass transportation purposes by this amendatory Act of 1979,
$98,000,000 of the Bonds shall be used for such purposes
within the Counties of Cook, DuPage, Kane, Lake, McHenry and
Will and the proceeds of $8,000,000 of the Bonds shall be used
for such purposes within the Counties of the State outside the
Counties of Cook, DuPage, Kane, Lake, McHenry and Will.
(Source: P.A. 86-453.)
Section 20.16. The Downstate Public Transportation Act is
amended by changing Sections 2-2.02, 3-1.02, and 4-1.7 as

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follows:
(30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02)
Sec. 2-2.02. "Participant" means:
(1) a city, village, or incorporated town, a county, or a
local mass transit district organized under the Local Mass
Transit District Act (a) serving an urbanized area of over
50,000 population or (b) serving a nonurbanized area; or
(2) any Metro-East Transit District established pursuant
to Section 3 of the Local Mass Transit District Act and serving
one or more of the Counties of Madison, Monroe, and St. Clair
during Fiscal Year 1989, all located outside the boundaries of
the Metropolitan Mobility Regional Transportation Authority as
established pursuant to the Metropolitan Mobility Regional
Transportation Authority Act.
(Source: P.A. 94-70, eff. 6-22-05.)
(30 ILCS 740/3-1.02) (from Ch. 111 2/3, par. 683)
Sec. 3-1.02. "Participant" means any county located
outside the boundaries of the Metropolitan Mobility Regional
Transportation Authority as established under the Metropolitan
Mobility Regional Transportation Authority Act and outside the
Bi-State Metropolitan Development District established under
an Act approved July 26, 1949, except that beginning, July 1,
1987 the counties within the boundaries of the Bi-State
Metropolitan Development District may be eligible for capital

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assistance only, or within such county any municipality with
20,000 or more population that is not included in an urbanized
area or the boundaries of a local mass transit district; or
within such county any municipality with 20,000 or less
population receiving State mass transportation operating
assistance under the Downstate Public Transportation Act
during Fiscal Year 1979; or within such county or counties a
local mass transit district organized under the Local local
Mass Transit District Act which is not included in an
urbanized area or the boundaries of a local mass transit
district which includes an urbanized area; provided, however,
that no such entity shall be eligible to participate unless it
agrees to adhere to the regulations and requirements of the
Secretary of Transportation of the federal Department of
Transportation affecting Section 18 assistance or any other
conditions as deemed reasonable and necessary by the Illinois
Department of Transportation.
(Source: P.A. 87-1235.)
(30 ILCS 740/4-1.7) (from Ch. 111 2/3, par. 699.7)
Sec. 4-1.7. "Participant" means (1) a city, village or
incorporated town, or a local mass transit district organized
under the Local Mass Transit District Act, that is named as a
designated recipient by the Governor, or is eligible to
receive federal UMTA Section 9 funds, or (2) the recipient
designated by the Governor within the Bi-State Metropolitan

SB3936 - 371 - LRB103 40367 AWJ 72644 b
Development District; provided that such entity is all located
outside the boundaries of the Metropolitan Mobility Regional
Transportation Authority as established pursuant to the
Metropolitan Mobility Regional Transportation Authority Act,
as amended, and has formally requested to participate in the
program defined in this Article. However, no such entity shall
be eligible to participate unless it agrees to adhere to the
regulations and requirements of the Secretary of
Transportation of the federal Department of Transportation
affecting UMTA Section 9 assistance or any other conditions
that are deemed reasonable and necessary by the Illinois
Department of Transportation.
(Source: P.A. 86-16.)
Section 20.17. The State Mandates Act is amended by
changing Section 8.47 and by adding Section 8.48 as follows:
(30 ILCS 805/8.47)
Sec. 8.47. Exempt mandate.
(a) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 103-2, 103-110, 103-409,
103-455, 103-529, 103-552, 103-553, 103-579, or 103-582 this
amendatory Act of the 103rd General Assembly.
(b) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation

SB3936 - 372 - LRB103 40367 AWJ 72644 b
of any mandate created by the Decennial Committees on Local
Government Efficiency Act.
(c) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of the mandate created by Section 2.10a of the Regional
Transportation Authority Act (now Section 4.25 of the
Metropolitan Mobility Authority Act) in Public Act 103-281
this amendatory Act of the 103rd General Assembly.
(Source: P.A. 102-1136, eff. 2-10-23; 103-2, eff. 5-10-23;
103-110, eff. 6-29-23; 103-281, eff. 1-1-24; 103-409, eff.
1-1-24; 103-455, eff. 1-1-24; 103-529, eff. 8-11-23; 103-552,
eff. 8-11-23; 103-553, eff. 8-11-23; 103-579, eff. 12-8-23;
103-582, eff. 12-8-23; revised 1-2-24.)
(30 ILCS 805/8.48 new)
Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 103rd General Assembly.
Section 20.18. The Use Tax Act is amended by changing
Sections 2b and 22 as follows:
(35 ILCS 105/2b) (from Ch. 120, par. 439.2b)
Sec. 2b. "Selling price" does shall not include any
amounts added to prices by sellers on account of the seller's

SB3936 - 373 - LRB103 40367 AWJ 72644 b
duty to collect any tax imposed under the Metropolitan
Mobility "Regional Transportation Authority Act", enacted by
the 78th General Assembly.
(Source: P.A. 78-3rd S.S.-12.)
(35 ILCS 105/22) (from Ch. 120, par. 439.22)
Sec. 22. If it is determined that the Department should
issue a credit or refund under this Act, the Department may
first apply the amount thereof against any amount of tax or
penalty or interest due hereunder, or under the Retailers'
Occupation Tax Act, the Service Occupation Tax Act, the
Service Use Tax Act, any local occupation or use tax
administered by the Department, Section 4 of the Water
Commission Act of 1985, subsections (b), (c) and (d) of
Section 5.01 of the Local Mass Transit District Act, or
subsections (e), (m), and (r) of Section 6.02 of the
Metropolitan Mobility Authority Act (e), (f) and (g) of
Section 4.03 of the Regional Transportation Authority Act,
from the person entitled to such credit or refund. For this
purpose, if proceedings are pending to determine whether or
not any tax or penalty or interest is due under this Act or
under the Retailers' Occupation Tax Act, the Service
Occupation Tax Act, the Service Use Tax Act, any local
occupation or use tax administered by the Department, Section
4 of the Water Commission Act of 1985, subsections (b), (c) and
(d) of Section 5.01 of the Local Mass Transit District Act, or

SB3936 - 374 - LRB103 40367 AWJ 72644 b
subsections (e), (m), and (r) of Section 6.02 of the
Metropolitan Mobility Authority Act (e), (f) and (g) of
Section 4.03 of the Regional Transportation Authority Act,
from such person, the Department may withhold issuance of the
credit or refund pending the final disposition of such
proceedings and may apply such credit or refund against any
amount found to be due to the Department as a result of such
proceedings. The balance, if any, of the credit or refund
shall be issued to the person entitled thereto.
Any credit memorandum issued hereunder may be used by the
authorized holder thereof to pay any tax or penalty or
interest due or to become due under this Act or under the
Retailers' Occupation Tax Act, the Service Occupation Tax Act,
the Service Use Tax Act, any local occupation or use tax
administered by the Department, Section 4 of the Water
Commission Act of 1985, subsections (b), (c) and (d) of
Section 5.01 of the Local Mass Transit District Act, or
subsections (e), (m), and (r) of Section 6.02 of the
Metropolitan Mobility Authority Act (e), (f) and (g) of
Section 4.03 of the Regional Transportation Authority Act,
from such holder. Subject to reasonable rules of the
Department, a credit memorandum issued hereunder may be
assigned by the holder thereof to any other person for use in
paying tax or penalty or interest which may be due or become
due under this Act or under the Retailers' Occupation Tax Act,
the Service Occupation Tax Act or the Service Use Tax Act, from

SB3936 - 375 - LRB103 40367 AWJ 72644 b
the assignee.
In any case in which there has been an erroneous refund of
tax payable under this Act, a notice of tax liability may be
issued at any time within 3 years from the making of that
refund, or within 5 years from the making of that refund if it
appears that any part of the refund was induced by fraud or the
misrepresentation of a material fact. The amount of any
proposed assessment set forth in the notice shall be limited
to the amount of the erroneous refund.
(Source: P.A. 91-901, eff. 1-1-01.)
Section 20.19. The Service Use Tax Act is amended by
changing Section 20 as follows:
(35 ILCS 110/20) (from Ch. 120, par. 439.50)
Sec. 20. If it is determined that the Department should
issue a credit or refund hereunder, the Department may first
apply the amount thereof against any amount of tax or penalty
or interest due hereunder, or under the Service Occupation Tax
Act, the Retailers' Occupation Tax Act, the Use Tax Act, any
local occupation or use tax administered by the Department,
Section 4 of the Water Commission Act of 1985, subsections
(b), (c) and (d) of Section 5.01 of the Local Mass Transit
District Act, or subsections (e), (m), and (r) of Section 6.02
of the Metropolitan Mobility Authority Act (e), (f) and (g) of
Section 4.03 of the Regional Transportation Authority Act,

SB3936 - 376 - LRB103 40367 AWJ 72644 b
from the person entitled to such credit or refund. For this
purpose, if proceedings are pending to determine whether or
not any tax or penalty or interest is due hereunder, or under
the Service Occupation Tax Act, the Retailers' Occupation Tax
Act, the Use Tax Act, any local occupation or use tax
administered by the Department, Section 4 of the Water
Commission Act of 1985, subsections (b), (c) and (d) of
Section 5.01 of the Local Mass Transit District Act, or
subsections (e), (m), and (r) of Section 6.02 of the
Metropolitan Mobility Authority Act (e), (f) and (g) of
Section 4.03 of the Regional Transportation Authority Act,
from such person, the Department may withhold issuance of the
credit or refund pending the final disposition of such
proceedings and may apply such credit or refund against any
amount found to be due to the Department as a result of such
proceedings. The balance, if any, of the credit or refund
shall be issued to the person entitled thereto.
Any credit memorandum issued hereunder may be used by the
authorized holder thereof to pay any tax or penalty or
interest due or to become due under this Act, the Service
Occupation Tax Act, the Retailers' Occupation Tax Act, the Use
Tax Act, any local occupation or use tax administered by the
Department, Section 4 of the Water Commission Act of 1985,
subsections (b), (c) and (d) of Section 5.01 of the Local Mass
Transit District Act, or subsections (e), (m), and (r) of
Section 6.02 of the Metropolitan Mobility Authority Act (e),

SB3936 - 377 - LRB103 40367 AWJ 72644 b
(f) and (g) of Section 4.03 of the Regional Transportation
Authority Act, from such holder. Subject to reasonable rules
of the Department, a credit memorandum issued hereunder may be
assigned by the holder thereof to any other person for use in
paying tax or penalty or interest which may be due or become
due under this Act, the Service Occupation Tax Act, the
Retailers' Occupation Tax Act, the Use Tax Act, any local
occupation or use tax administered by the Department, Section
4 of the Water Commission Act of 1985, subsections (b), (c) and
(d) of Section 5.01 of the Local Mass Transit District Act, or
subsections (e), (m), and (r) of Section 6.02 of the
Metropolitan Mobility Authority Act (e), (f) and (g) of
Section 4.03 of the Regional Transportation Authority Act,
from the assignee.
In any case which there has been an erroneous refund of tax
payable under this Act, a notice of tax liability may be issued
at any time within 3 years from the making of that refund, or
within 5 years from the making of that refund if it appears
that any part of the refund was induced by fraud or the
misrepresentation of a material fact. The amount of any
proposed assessment set forth in the notice shall be limited
to the amount of the erroneous refund.
(Source: P.A. 91-901, eff. 1-1-01.)
Section 20.20. The Service Occupation Tax Act is amended
by changing Section 20 as follows:

SB3936 - 378 - LRB103 40367 AWJ 72644 b
(35 ILCS 115/20) (from Ch. 120, par. 439.120)
Sec. 20. If it is determined that the Department should
issue a credit or refund hereunder, the Department may first
apply the amount thereof against any amount of tax or penalty
or interest due hereunder, or under the Service Use Tax Act,
the Retailers' Occupation Tax Act, the Use Tax Act, any local
occupation or use tax administered by the Department, Section
4 of the Water Commission Act of 1985, subsections (b), (c) and
(d) of Section 5.01 of the Local Mass Transit District Act, or
subsections (e), (m), and (r) of Section 6.02 of the
Metropolitan Mobility Authority Act (e), (f) and (g) of
Section 4.03 of the Regional Transportation Authority Act,
from the person entitled to such credit or refund. For this
purpose, if proceedings are pending to determine whether or
not any tax or penalty or interest is due hereunder, or under
the Service Use Tax Act, the Retailers' Occupation Tax Act,
the Use Tax Act, any local occupation or use tax administered
by the Department, Section 4 of the Water Commission Act of
1985, subsections (b), (c) and (d) of Section 5.01 of the Local
Mass Transit District Act, or subsections (e), (m), and (r) of
Section 6.02 of the Metropolitan Mobility Authority Act (e),
(f) and (g) of Section 4.03 of the Regional Transportation
Authority Act, from such person, the Department may withhold
issuance of the credit or refund pending the final disposition
of such proceedings and may apply such credit or refund

SB3936 - 379 - LRB103 40367 AWJ 72644 b
against any amount found to be due to the Department as a
result of such proceedings. The balance, if any, of the credit
or refund shall be issued to the person entitled thereto.
Any credit memorandum issued hereunder may be used by the
authorized holder thereof to pay any tax or penalty or
interest due or to become due under this Act, or under the
Service Use Tax Act, the Retailers' Occupation Tax Act, the
Use Tax Act, any local occupation or use tax administered by
the Department, Section 4 of the Water Commission Act of 1985,
subsections (b), (c) and (d) of Section 5.01 of the Local Mass
Transit District Act, or subsections (e), (m), and (r) of
Section 6.02 of the Metropolitan Mobility Authority Act (e),
(f) and (g) of Section 4.03 of the Regional Transportation
Authority Act, from such holder. Subject to reasonable rules
of the Department, a credit memorandum issued hereunder may be
assigned by the holder thereof to any other person for use in
paying tax or penalty or interest which may be due or become
due under this Act, the Service Use Tax Act, the Retailers'
Occupation Tax Act, the Use Tax Act, any local occupation or
use tax administered by the Department, Section 4 of the Water
Commission Act of 1985, subsections (b), (c) and (d) of
Section 5.01 of the Local Mass Transit District Act, or
subsections (e), (m), and (r) of Section 6.02 of the
Metropolitan Mobility Authority Act (e), (f) and (g) of
Section 4.03 of the Regional Transportation Authority Act,
from the assignee.

SB3936 - 380 - LRB103 40367 AWJ 72644 b
In any case in which there has been an erroneous refund of
tax payable under this Act, a notice of tax liability may be
issued at any time within 3 years from the making of that
refund, or within 5 years from the making of that refund if it
appears that any part of the refund was induced by fraud or the
misrepresentation of a material fact. The amount of any
proposed assessment set forth in the notice shall be limited
to the amount of the erroneous refund.
(Source: P.A. 91-901, eff. 1-1-01.)
Section 20.21. The Retailers' Occupation Tax Act is
amended by changing Section 6 as follows:
(35 ILCS 120/6) (from Ch. 120, par. 445)
Sec. 6. Credit memorandum or refund. If it appears, after
claim therefor filed with the Department, that an amount of
tax or penalty or interest has been paid which was not due
under this Act, whether as the result of a mistake of fact or
an error of law, except as hereinafter provided, then the
Department shall issue a credit memorandum or refund to the
person who made the erroneous payment or, if that person died
or became a person under legal disability, to his or her legal
representative, as such. For purposes of this Section, the tax
is deemed to be erroneously paid by a retailer when the
manufacturer of a motor vehicle sold by the retailer accepts
the return of that automobile and refunds to the purchaser the

SB3936 - 381 - LRB103 40367 AWJ 72644 b
selling price of that vehicle as provided in the New Vehicle
Buyer Protection Act. When a motor vehicle is returned for a
refund of the purchase price under the New Vehicle Buyer
Protection Act, the Department shall issue a credit memorandum
or a refund for the amount of tax paid by the retailer under
this Act attributable to the initial sale of that vehicle.
Claims submitted by the retailer are subject to the same
restrictions and procedures provided for in this Act. If it is
determined that the Department should issue a credit
memorandum or refund, the Department may first apply the
amount thereof against any tax or penalty or interest due or to
become due under this Act or under the Use Tax Act, the Service
Occupation Tax Act, the Service Use Tax Act, any local
occupation or use tax administered by the Department, Section
4 of the Water Commission Act of 1985, subsections (b), (c) and
(d) of Section 5.01 of the Local Mass Transit District Act, or
subsections (e), (m), and (r) of Section 6.02 of the
Metropolitan Mobility Authority Act (e), (f) and (g) of
Section 4.03 of the Regional Transportation Authority Act,
from the person who made the erroneous payment. If no tax or
penalty or interest is due and no proceeding is pending to
determine whether such person is indebted to the Department
for tax or penalty or interest, the credit memorandum or
refund shall be issued to the claimant; or (in the case of a
credit memorandum) the credit memorandum may be assigned and
set over by the lawful holder thereof, subject to reasonable

SB3936 - 382 - LRB103 40367 AWJ 72644 b
rules of the Department, to any other person who is subject to
this Act, the Use Tax Act, the Service Occupation Tax Act, the
Service Use Tax Act, any local occupation or use tax
administered by the Department, Section 4 of the Water
Commission Act of 1985, subsections (b), (c) and (d) of
Section 5.01 of the Local Mass Transit District Act, or
subsections (e), (m), and (r) of Section 6.02 of the
Metropolitan Mobility Authority Act (e), (f) and (g) of
Section 4.03 of the Regional Transportation Authority Act, and
the amount thereof applied by the Department against any tax
or penalty or interest due or to become due under this Act or
under the Use Tax Act, the Service Occupation Tax Act, the
Service Use Tax Act, any local occupation or use tax
administered by the Department, Section 4 of the Water
Commission Act of 1985, subsections (b), (c) and (d) of
Section 5.01 of the Local Mass Transit District Act, or
subsections (e), (m), and (r) of Section 6.02 of the
Metropolitan Mobility Authority Act (e), (f) and (g) of
Section 4.03 of the Regional Transportation Authority Act,
from such assignee. However, as to any claim for credit or
refund filed with the Department on and after each January 1
and July 1 no amount of tax or penalty or interest erroneously
paid (either in total or partial liquidation of a tax or
penalty or amount of interest under this Act) more than 3 years
prior to such January 1 and July 1, respectively, shall be
credited or refunded, except that if both the Department and

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the taxpayer have agreed to an extension of time to issue a
notice of tax liability as provided in Section 4 of this Act,
such claim may be filed at any time prior to the expiration of
the period agreed upon. Notwithstanding any other provision of
this Act to the contrary, for any period included in a claim
for credit or refund for which the statute of limitations for
issuing a notice of tax liability under this Act will expire
less than 6 months after the date a taxpayer files the claim
for credit or refund, the statute of limitations is
automatically extended for 6 months from the date it would
have otherwise expired.
No claim may be allowed for any amount paid to the
Department, whether paid voluntarily or involuntarily, if paid
in total or partial liquidation of an assessment which had
become final before the claim for credit or refund to recover
the amount so paid is filed with the Department, or if paid in
total or partial liquidation of a judgment or order of court.
No credit may be allowed or refund made for any amount paid by
or collected from any claimant unless it appears (a) that the
claimant bore the burden of such amount and has not been
relieved thereof nor reimbursed therefor and has not shifted
such burden directly or indirectly through inclusion of such
amount in the price of the tangible personal property sold by
him or her or in any manner whatsoever; and that no
understanding or agreement, written or oral, exists whereby he
or she or his or her legal representative may be relieved of

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the burden of such amount, be reimbursed therefor or may shift
the burden thereof; or (b) that he or she or his or her legal
representative has repaid unconditionally such amount to his
or her vendee (1) who bore the burden thereof and has not
shifted such burden directly or indirectly, in any manner
whatsoever; (2) who, if he or she has shifted such burden, has
repaid unconditionally such amount to his own vendee; and (3)
who is not entitled to receive any reimbursement therefor from
any other source than from his or her vendor, nor to be
relieved of such burden in any manner whatsoever. No credit
may be allowed or refund made for any amount paid by or
collected from any claimant unless it appears that the
claimant has unconditionally repaid, to the purchaser, any
amount collected from the purchaser and retained by the
claimant with respect to the same transaction under the Use
Tax Act.
Any credit or refund that is allowed under this Section
shall bear interest at the rate and in the manner specified in
the Uniform Penalty and Interest Act.
In case the Department determines that the claimant is
entitled to a refund, such refund shall be made only from the
Aviation Fuel Sales Tax Refund Fund or from such appropriation
as may be available for that purpose, as appropriate. If it
appears unlikely that the amount available would permit
everyone having a claim allowed during the period covered by
such appropriation or from the Aviation Fuel Sales Tax Refund

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Fund, as appropriate, to elect to receive a cash refund, the
Department, by rule or regulation, shall provide for the
payment of refunds in hardship cases and shall define what
types of cases qualify as hardship cases.
If a retailer who has failed to pay retailers' occupation
tax on gross receipts from retail sales is required by the
Department to pay such tax, such retailer, without filing any
formal claim with the Department, shall be allowed to take
credit against such retailers' occupation tax liability to the
extent, if any, to which such retailer has paid an amount
equivalent to retailers' occupation tax or has paid use tax in
error to his or her vendor or vendors of the same tangible
personal property which such retailer bought for resale and
did not first use before selling it, and no penalty or interest
shall be charged to such retailer on the amount of such credit.
However, when such credit is allowed to the retailer by the
Department, the vendor is precluded from refunding any of that
tax to the retailer and filing a claim for credit or refund
with respect thereto with the Department. The provisions of
this amendatory Act shall be applied retroactively, regardless
of the date of the transaction.
(Source: P.A. 101-10, eff. 6-5-19; 102-40, eff. 6-25-21.)
Section 20.22. The Governmental Tax Reform Validation Act
is amended by changing Section 10 as follows:

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(35 ILCS 165/10)
Sec. 10. Re-enactment; findings; purpose; validation.
(a) The General Assembly finds and declares that:
(1) The amendatory provisions of this Act were first
enacted by Public Act 85-1135 and all related to taxation.
(A) Article I of Public Act 85-1135, effective
July 28, 1988, contained provisions stating
legislative intent.
(B) Article II of Public Act 85-1135, effective
January 1, 1990, contained provisions amending or
creating Sections 8-11-1, 8-11-1.1, 8-11-1.2,
8-11-1.3, 8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16,
and 11-74.4-8a of the Illinois Municipal Code;
Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of "An
Act to revise the law in relation to counties";
Section 4 of the Water Commission Act of 1985; Section
5.01 of the Local Mass Transit District Act; Sections
5.12, 6.02, 6.05, and 6.08 of the Metropolitan
Mobility Authority Act Sections 4.01, 4.03, 4.04, and
4.09 of the Regional Transportation Authority Act;
Sections 3, 9, and 10b of the Use Tax Act; Sections 2,
3, 3d, 7a, 9, 10, 10b, and 15 of the Service Use Tax
Act; Sections 2, 3, 9, 13, 15, and 20.1 of the Service
Occupation Tax Act; Sections 2, 3, 5k, and 6d of the
Retailers' Occupation Tax Act; and Sections 5.240,
5.241, 6z-16, and 6z-17 of the State Finance Act.

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Article II of Public Act 85-1135, effective January 1,
1990, also contained provisions repealing Sections
25.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a,
25.05-10, 25.05-10a, and 25.05-10.1 of "An Act to
revise the law in relation to counties" and Sections
10 and 14 of the Service Occupation Tax Act.
(C) Article III of Public Act 85-1135, effective
September 1, 1988, contained provisions further
amending Sections 3 and 9 of the Use Tax Act; Sections
2, 3, and 9 of the Service Use Tax Act; Sections 2, 3,
and 9 of the Service Occupation Tax Act; and Sections 2
and 3 of the Retailers' Occupation Tax Act; and
amending Section 2 of the State Revenue Sharing Act.
(D) Article IV of Public Act 85-1135, effective
July 28, 1988, contained provisions amending Section
6z-9 of the State Finance Act and creating Section .01
of the State Revenue Sharing Act.
(E) Article V of Public Act 85-1135, effective
July 28, 1988, contained provisions precluding any
effect on a pre-existing right, remedy, or liability
and authorizing enactment of home rule municipality
ordinances.
(2) Public Act 85-1135 also contained provisions
relating to State bonds and creating the Water Pollution
Control Revolving Fund loan program.
(3) On August 26, 1998, the Cook County Circuit Court

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entered an order in the case of Oak Park Arms Associates v.
Whitley (No. 92 L 51045), in which it found that Public Act
85-1135 violates the single subject clause of the Illinois
Constitution (Article IV, Section 8(d)). As of the time
this Act was prepared, the order declaring P.A. 85-1135
invalid has been vacated but the case is subject to
appeal.
(4) The tax provisions of Public Act 85-1135 affect
many areas of vital concern to the people of this State.
The disruption of the tax reform contained in those
provisions could constitute a grave threat to the
continued health, safety, and welfare of the people of
this State.
(b) It is the purpose of this Act to prevent or minimize
any problems relating to taxation that may result from
challenges to the constitutional validity of Public Act
85-1135, by (1) re-enacting provisions from Public Act 85-1135
and (2) validating all actions taken in reliance on those
provisions from Public Act 85-1135.
(c) Because Public Act 86-962, effective January 1, 1990,
renumbered Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of
the Counties Code, this Act contains those provisions as
renumbered under Sections 5-1006, 5-1007, 5-1008, 5-1009, and
5-1024 of the Counties Code. Because Public Act 86-1475,
effective January 10, 1991, resectioned Section 3 of the Use
Tax Act, Section 3 of the Service Use Tax Act, Section 3 of the

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Service Occupation Tax Act, and Section 2 of the Retailers'
Occupation Tax Act, this Act contains those provisions as
resectioned under Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25,
3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75,
and 3-80 of the Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20,
3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, and 3-65 of the
Service Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25,
3-30, 3-35, 3-40, 3-45, and 3-50 of the Service Occupation Tax
Act; and Sections 2, 2-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35,
2-40, 2-45, 2-50, 2-55, 2-60, 2-65 of the Retailers'
Occupation Tax Act. Because Public Act 85-1440, effective
February 1, 1989, renumbered Section 6z-16 of the State
Finance Act and Section .01 of the State Revenue Sharing Act,
this Act contains those provisions as renumbered under Section
6z-18 of the State Finance Act and Section 0.1 of the State
Revenue Sharing Act. Sections 10b of the Use Tax Act, 10b of
the Service Use Tax Act, 20.1 of the Service Occupation Tax
Act, and 6d of the Retailers' Occupation Tax Act have been
omitted from this Act because they were repealed by Public Act
87-1258, effective January 7, 1993.
(d) This Act re-enacts Section 1 of Article I of Public Act
85-1135; Sections 8-11-1, 8-11-1.1, 8-11-1.2, 8-11-1.3,
8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16, and 11-74.4-8a of
the Illinois Municipal Code; Sections 5-1006, 5-1007, 5-1008,
5-1009, and 5-1024 of the Counties Code; Section 4 of the Water
Commission Act of 1985; Section 5.01 of the Local Mass Transit

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District Act; Sections 5.12, 6.02, 6.05, and 6.08 of the
Metropolitan Mobility Authority Act Sections 4.01, 4.03, 4.04,
and 4.09 of the Regional Transportation Authority Act;
Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40,
3-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75, 3-80, 9, and 10b of
the Use Tax Act; Sections 2, 3, 3-5, 3-10, 3-15, 3-20, 3-25,
3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3d, 7a, 9, 10,
10b, and 15 of the Service Use Tax Act; Sections 2, 3, 3-5,
3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 9, 13,
15, and 20.1 of the Service Occupation Tax Act; Sections 2,
2-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35, 2-40, 2-45, 2-50,
2-55, 2-60, 2-65, 3, 5k, and 6d of the Retailers' Occupation
Tax Act; Sections 5.240, 5.241, 6z-9, 6z-17, and 6z-18 of the
State Finance Act; Sections 0.1 and 2 of the State Revenue
Sharing Act; and Sections 1 and 2 of Article V of Public Act
85-1135 as they have been amended. It also re-repeals Sections
25.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a, 25.05-10,
25.05-10a, and 25.05-10.1 of "An Act to revise the law in
relation to counties" and Sections 10 and 14 of the Service
Occupation Tax Act. This re-enactment and re-repeal is
intended to remove any questions as to the validity or content
of those Sections; it is not intended to supersede any other
Public Act that amends the text of a Section as set forth in
this Act. The re-enacted material in this Act is shown as
existing text (i.e., without underscoring) because, as of the
time this Act was prepared, the order declaring P.A. 85-1135

SB3936 - 391 - LRB103 40367 AWJ 72644 b
invalid has been vacated.
(e) In Sections 100 and 900 of this Act, references to
"this amendatory Act of 1988" mean Public Act 85-1135, as
re-enacted by this Act.
(f) The re-enactment or re-repeal of Sections of Public
Act 85-1135 by this Act is not intended, and shall not be
construed, to imply that Public Act 85-1135 is invalid or to
limit or impair any legal argument (1) upholding the validity
of Public Act 85-1135 or (2) concerning whether the provisions
of Public Act 85-1135 were substantially re-enacted by other
Public Acts.
(g) All otherwise lawful actions taken in reasonable
reliance on or pursuant to the Sections re-enacted by this
Act, as set forth in Public Act 85-1135 or subsequently
amended, by any officer, employee, agency, or unit of State or
local government or by any other person or entity, are hereby
validated.
With respect to actions taken in relation to matters
arising under the Sections re-enacted by this Act, as set
forth in Public Act 85-1135 or subsequently amended, a person
is rebuttably presumed to have acted in reasonable reliance on
and pursuant to the provisions of Public Act 85-1135, as those
provisions had been amended at the time the action was taken.
(h) With respect to its administration of matters arising
under the Sections re-enacted by this Act, the Department of
Revenue shall continue to apply the provisions of Public Act

SB3936 - 392 - LRB103 40367 AWJ 72644 b
85-1135, as those provisions had been amended at the relevant
time.
(i) This Act applies, without limitation, to proceedings
pending on or after the effective date of this Act.
(Source: P.A. 91-51, eff. 6-30-99.)
Section 20.23. The Simplified Sales and Use Tax
Administration Act is amended by changing Section 2 as
follows:
(35 ILCS 171/2)
Sec. 2. Definitions. As used in this Act:
(a) "Agreement" means the Streamlined Sales and Use Tax
Agreement as amended and adopted on January 27, 2001.
(b) "Certified Automated System" means software certified
jointly by the states that are signatories to the Agreement to
calculate the tax imposed by each jurisdiction on a
transaction, determine the amount of tax to remit to the
appropriate state, and maintain a record of the transaction.
(c) "Certified Service Provider" means an agent certified
jointly by the states that are signatories to the Agreement to
perform all of the seller's sales tax functions.
(d) "Person" means an individual, trust, estate,
fiduciary, partnership, limited liability company, limited
liability partnership, corporation, or any other legal entity.
(e) "Sales Tax" means the tax levied under the Service

SB3936 - 393 - LRB103 40367 AWJ 72644 b
Occupation Tax Act (35 ILCS 115/) and the Retailers'
Occupation Tax Act (35 ILCS 120/). "Sales tax" also means any
local sales tax levied under the Home Rule Municipal
Retailers' Occupation Tax Act (65 ILCS 5/8-11-1), the Non-Home
Rule Municipal Retailers' Occupation Tax Act (65 ILCS
5/8-11-1.3), the Non-Home Rule Municipal Service Occupation
Tax Act (65 ILCS 5/8-11-1.4), the Home Rule Municipal Service
Occupation Tax (65 ILCS 5/8-11-5), the Home Rule County
Retailers' Occupation Tax Law (55 ILCS 5/5-1006), the Special
County Occupation Tax for Public Safety, Public Facilities,
Mental Health, Substance Abuse, or Transportation Law (55 ILCS
5/5-1006.5), the Home Rule County Service Occupation Tax Law
(55 ILCS 5/5-1007), subsection (b) of the Rock Island County
Use and Occupation Tax Law (55 ILCS 5/5-1008.5(b)), the Metro
East Mass Transit District Retailers' Occupation Tax (70 ILCS
3610/5.01(b)), the Metro East Mass Transit District Service
Occupation Tax (70 ILCS 3610/5.01(c)), the Metropolitan
Mobility Regional Transportation Authority Retailers'
Occupation Tax (subsection (e) of Section 6.02 of the
Metropolitan Mobility Authority Act) 70 ILCS 3615/4.03(e) ),
the Metropolitan Mobility Regional Transportation Authority
Service Occupation Tax (70 ILCS 3615/4.03(f)), the County
Water Commission Retailers' Occupation Tax (70 ILCS
3720/4(b)), or the County Water Commission Service Occupation
Tax (70 ILCS 3720/4(c)).
(f) "Seller" means any person making sales of personal

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property or services.
(g) "State" means any state of the United States and the
District of Columbia.
(h) "Use tax" means the tax levied under the Use Tax Act
(35 ILCS 105/) and the Service Use Tax Act (35 ILCS 110/). "Use
tax" also means any local use tax levied under the Home Rule
Municipal Use Tax Act (65 ILCS 5/8-11-6(b)), provided that the
State and the municipality have entered into an agreement that
provides for administration of the tax by the State.
(Source: P.A. 100-1167, eff. 1-4-19.)
Section 20.24. The Property Tax Code is amended by
changing Section 15-100 as follows:
(35 ILCS 200/15-100)
Sec. 15-100. Public transportation systems.
(a) All property belonging to any municipal corporation
created for the sole purpose of owning and operating a
transportation system for public service is exempt.
(b) Property owned by (i) a municipal corporation of
500,000 or more inhabitants, used for public transportation
purposes, and operated by the Metropolitan Mobility Chicago
Transit Authority; (ii) the Metropolitan Mobility Regional
Transportation Authority; (iii) (blank); or any service board
or division of the Regional Transportation Authority; (iv) the
Northeast Illinois Regional Commuter Railroad Corporation; or

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(v) the Chicago Transit Authority shall be exempt. For
purposes of this Section alone, the Metropolitan Mobility
Authority Regional Transportation Authority, any service board
or division of the Regional Transportation Authority, the
Northeast Illinois Regional Commuter Railroad Corporation, the
Chicago Transit Authority, or a municipal corporation, as
defined in item (i), shall be deemed an "eligible
transportation authority". The exemption provided in this
subsection shall not be affected by any transaction in which,
for the purpose of obtaining financing, the eligible
transportation authority, directly or indirectly, leases or
otherwise transfers such property to another whose property is
not exempt and immediately thereafter enters into a leaseback
or other agreement that directly or indirectly gives the
eligible transportation authority a right to use, control, and
possess the property. In the case of a conveyance of such
property, the eligible transportation authority must retain an
option to purchase the property at a future date or, within the
limitations period for reverters, the property must revert
back to the eligible transportation authority.
(c) If such property has been conveyed as described in
subsection (b), the property will no longer be exempt pursuant
to this Section as of the date when:
(1) the right of the eligible transportation authority
to use, control, and possess the property has been
terminated;

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(2) the eligible transportation authority no longer
has an option to purchase or otherwise acquire the
property; and
(3) there is no provision for a reverter of the
property to the eligible transportation authority within
the limitations period for reverters.
(d) Pursuant to Sections 15-15 and 15-20 of this Code, the
eligible transportation authority shall notify the chief
county assessment officer of any transaction under subsection
(b) of this Section. The chief county assessment officer shall
determine initial and continuing compliance with the
requirements of this Section for tax exemption. Failure to
notify the chief county assessment officer of a transaction
under this Section or to otherwise comply with the
requirements of Sections 15-15 and 15-20 of this Code shall,
in the discretion of the chief county assessment officer,
constitute cause to terminate the exemption, notwithstanding
any other provision of this Code.
(e) No provision of this Section shall be construed to
affect the obligation of the eligible transportation authority
to which an exemption certificate has been issued under this
Section from its obligation under Section 15-10 of this Code
to file an annual certificate of status or to notify the chief
county assessment officer of transfers of interest or other
changes in the status of the property as required by this Code.
(f) The changes made by this amendatory Act of 1997 are

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declarative of existing law and shall not be construed as a new
enactment.
(Source: P.A. 90-562, eff. 12-16-97.)
Section 20.25. The Motor Fuel Tax Law is amended by
changing Section 8b as follows:
(35 ILCS 505/8b)
Sec. 8b. Transportation Renewal Fund; creation;
distribution of proceeds.
(a) The Transportation Renewal Fund is hereby created as a
special fund in the State treasury. Moneys in the Fund shall be
used as provided in this Section:
(1) 80% of the moneys in the Fund shall be used for
highway maintenance, highway construction, bridge repair,
congestion relief, and construction of aviation
facilities; of that 80%:
(A) the State Comptroller shall order transferred
and the State Treasurer shall transfer 60% to the
State Construction Account Fund; those moneys shall be
used solely for construction, reconstruction,
improvement, repair, maintenance, operation, and
administration of highways and are limited to payments
made pursuant to design and construction contracts
awarded by the Department of Transportation;
(B) 40% shall be distributed by the Department of

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Transportation to municipalities, counties, and road
districts of the State using the percentages set forth
in subdivisions (A), (B), (C), and (D) of paragraph
(2) of subsection (e) of Section 8; distributions to
particular municipalities, counties, and road
districts under this subdivision (B) shall be made
according to the allocation procedures described for
municipalities, counties, and road districts in
subsection (e) of Section 8 and shall be subject to the
same requirements and limitations described in that
subsection; and
(2) 20% of the moneys in the Fund shall be used for
projects related to rail facilities and mass transit
facilities, as defined in Section 2705-305 of the
Department of Transportation Law of the Civil
Administrative Code of Illinois, including rapid transit,
rail, high-speed rail, bus and other equipment in
connection with the State or a unit of local government,
special district, municipal corporation, or other public
agency authorized to provide and promote public
transportation within the State; of that 20%:
(A) 90% shall be deposited into the Metropolitan
Mobility Regional Transportation Authority Capital
Improvement Fund, a special fund created in the State
treasury Treasury; moneys in the Metropolitan Mobility
Regional Transportation Authority Capital Improvement

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Fund shall be used by the Metropolitan Mobility
Regional Transportation Authority for construction,
improvements, and deferred maintenance on mass transit
facilities and acquisition of buses and other
equipment; and
(B) 10% shall be deposited into the Downstate Mass
Transportation Capital Improvement Fund, a special
fund created in the State treasury Treasury; moneys in
the Downstate Mass Transportation Capital Improvement
Fund shall be used by local mass transit districts
other than the Metropolitan Mobility Regional
Transportation Authority for construction,
improvements, and deferred maintenance on mass transit
facilities and acquisition of buses and other
equipment.
(b) Beginning on July 1, 2020, the Auditor General shall
conduct an annual financial audit of the obligations,
expenditures, receipt, and use of the funds deposited into the
Transportation Renewal Fund and provide specific
recommendations to help ensure compliance with State and
federal statutes, rules, and regulations.
(Source: P.A. 101-32, eff. 6-28-19; 101-604, eff. 12-13-19.)
Section 20.26. The Postage Stamp Vending Machine Act is
amended by changing Section 1 as follows:

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(35 ILCS 815/1) (from Ch. 121 1/2, par. 911)
Sec. 1. Vending machines which vend only United States
postage stamps are exempt from license fees or any excise or
license tax levied by the State of Illinois or any county or
municipality or other taxing district thereof, but are not
exempt from State, county, municipal, or Metropolitan Mobility
Regional Transportation Authority occupation and use taxes.
(Source: P.A. 82-985.)
Section 20.27. The Illinois Pension Code is amended by
changing Sections 8-230.1, 11-221.1, 18-112, 22-101, 22-101B,
22-103, and 22-105 as follows:
(40 ILCS 5/8-230.1) (from Ch. 108 1/2, par. 8-230.1)
Sec. 8-230.1. Right of employees to contribute for certain
other service. Any employee in the service, after having made
contributions covering a period of 10 or more years to the
annuity and benefit fund herein provided for, may elect to pay
for and receive credit for all annuity purposes for service
theretofore rendered by the employee to the Chicago Transit
Authority created by the Metropolitan Transit Authority Act
(repealed) or its predecessor public utilities; provided that
the last 5 years of service prior to retirement on annuity
shall have been as an employee of the City and a contributor to
this Fund. Such service credit may be paid for and granted on
the same basis and conditions as are applicable in the case of

SB3936 - 401 - LRB103 40367 AWJ 72644 b
employees who make payment for past service under the
provisions of Section 8-230, but on the assumption that the
employee's salary throughout all of his or her service with
the Authority or its predecessor public utilities was at the
rate of the employee's salary at the later of the date of his
or her entrance or reentrance into the service as a municipal
employee, as applicable. In no event, however, shall such
service be credited if the employee has not forfeited and
relinquished pension credit for service covering such period
under any pension or retirement plan applicable to the
Authority or its predecessor public utilities and instituted
and maintained by the Authority or its predecessor public
utilities for the benefit of its employees.
(Source: P.A. 103-455, eff. 1-1-24.)
(40 ILCS 5/11-221.1) (from Ch. 108 1/2, par. 11-221.1)
Sec. 11-221.1. Right of employees to contribute for
certain other service. Any employee in the service, after
having made contributions covering a period of 10 or more
years to the annuity and benefit fund herein provided for, may
elect to pay for and receive credit for all annuity purposes
for service theretofore rendered by the employee to the
Chicago Transit Authority created by the Metropolitan Transit
Authority Act (repealed); provided that if the employee has
more than 10 years of such service, only the last 10 years of
such service shall be credited. Such service credit may be

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paid for and granted on the same basis and conditions as are
applicable in the case of employees who make payment for past
service under the provisions of Section 11-221, but on the
assumption that the employee's salary throughout all of his or
her service with the Authority was at the rate of the
employee's salary at the date of his or her entrance into the
service as an employee. In no event, however, shall such
service be credited if the employee has not forfeited and
relinquished pension credit for service covering such period
under any pension or retirement plan applicable to the
Authority and instituted and maintained by the Authority for
the benefit of its employees.
(Source: P.A. 90-655, eff. 7-30-98.)
(40 ILCS 5/18-112) (from Ch. 108 1/2, par. 18-112)
Sec. 18-112. Service. "Service": The period beginning on
the day a person first became a judge, whether prior or
subsequent to the effective date, and ending on the date under
consideration, excluding all intervening periods during which
he or she was not a judge following resignation or expiration
of any term of election or appointment.
Service also includes the following: (a) Any period prior
to January 1, 1964 during which a judge served as a justice of
the peace, police magistrate or master in chancery, or as a
civil referee, commissioner or trial assistant to the chief
judge in the Municipal Court of Chicago, or performed judicial

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duties as an assistant to the judge of the Probate Court of
Cook County. A judge shall be entitled to credit for all or as
much as the judge may desire of such service, not exceeding 8
years, upon payment of the participant's contribution covering
such service at the contribution rates in effect on July 1,
1969, together with interest at 4% per annum compounded
annually, from the dates the service was rendered to the date
of payment, provided credit for such service had not been
granted in any public pension fund or retirement system in the
State. The required contributions shall be based upon the rate
of salary in effect for the judge on the date he or she entered
the system or on January 1, 1964, whichever is later.
(b) Service rendered after January 1, 1964, as a holdover
magistrate or master in chancery of the Circuit Court. A judge
shall be entitled to credit for any period of such service, not
exceeding a total of 8 years, together with the period of
service taken into account in paragraph (a). Service credit
under this paragraph is subject to the same contribution
requirements and other limitations that are prescribed for
service credit under paragraph (a).
(c) Any period that a participant served as a member of the
General Assembly, subject to the following conditions:
(1) He or she has been a participant in this system for at
least 4 years and has contributed to the system for service
rendered as a member of the General Assembly subsequent to
November 1, 1941, at the contribution rates in effect for a

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judge on the date of becoming a participant, including
interest at 3% per annum compounded annually from the date
such service was rendered to the date of payment, based on the
salary in effect during such period of service; and
(2) The participant is not entitled to credit for such
service in any other public retirement system in the State.
(d) Any period a participant served as a judge or
commissioner of the Court of Claims of this State after
November 1, 1941, provided he or she contributes to the system
at the contribution rates in effect on the date of becoming a
participant, based on salary received during such service,
including interest at 3% per annum compounded annually from
the date such service was rendered to the date of payment.
(e) Any period that a participant served as State's
Attorney or Public Defender of any county of this State,
subject to the following conditions: (1) such service was not
credited under any public pension fund or retirement system;
(2) the maximum service to be credited in this system shall be
8 years; (3) the participant must have at least 6 years of
service as a judge and as a participant of this system; and (4)
the participant has made contributions to the system for such
service at the contribution rates in effect on the date of
becoming a participant in this system based upon the salary of
the judge on such date, including interest at 4% per annum
compounded annually from such date to the date of payment.
A judge who terminated service before January 26, 1988 and

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whose retirement annuity began after January 1, 1988 may
establish credit for service as a Public Defender in
accordance with the other provisions of this subsection by
making application and paying the required contributions to
the Board not later than 30 days after August 23, 1989. In such
cases, the Board shall recalculate the retirement annuity,
effective on the first day of the next calendar month
beginning at least 30 days after the application is received.
(f) Any period as a participating policeman, employee or
teacher under Article 5, 14 or 16 of this Code, subject to the
following conditions: (1) the credits accrued under Article 5,
14 or 16 have been transferred to this system; and (2) the
participant has contributed to the system an amount equal to
(A) contributions at the rate in effect for participants at
the date of membership in this system based upon the salary of
the judge on such date, (B) the employer's share of the normal
cost under this system for each year that credit is being
established, based on the salary in effect at the date of
membership in this system, and (C) interest at 6% per annum,
compounded annually, from the date of membership to the date
of payment; less (D) the amount transferred on behalf of the
participant from Article 5, 14 or 16.
(g) Any period that a participant served as the
Administrative Director of the Circuit Court of Cook County,
as Executive Director of the Home Rule Commission, as
assistant corporation counsel in the Chicago Law Department,

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or as an employee of the Cook County Treasurer, subject to the
following conditions: (1) the maximum amount of such service
which may be credited is 10 years; (2) in order to qualify for
such credit in this system, a judge must have at least 6 years
of service as a judge and participant of this system; (3) the
last 6 years of service credited in this system shall be as a
judge and a participant in this system; (4) credits accrued to
the participant under any other public pension fund or public
retirement system in the State, if any, by reason of the
service to be established under this paragraph (g) has been
transferred to this system; and (5) the participant has
contributed to this system the amount, if any, by which the
amount transferred pursuant to subdivision (4) of this
paragraph, if any, is less than the amount which the
participant would have contributed to the system during the
period of time being counted as service under this paragraph
had the participant been a judge participating in this system
during that time, based on the rate of contribution in effect
and the salary earned by the participant on the date he or she
became a participant, with interest accruing on such
deficiency at a rate of 5% per annum from the date he or she
became a participant through the date on which such deficiency
is paid.
(h) Any period that a participant served as a full-time
attorney employed by the Chicago Transit Authority created by
the Metropolitan Transit Authority Act (repealed), subject to

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the following conditions: (1) any credit received for such
service in the pension fund established under Section 22-101
has been terminated; (2) the maximum amount of such service to
be credited in this system shall be 10 years; (3) the
participant must have at least 6 years of service as a judge
and as a participant of this system; and (4) the participant
has made contributions to the system for such service at the
contribution rates in effect on the date of becoming a
participant in this system based upon the salary of the judge
on such date, including interest at 5% per annum compounded
annually from such date to the date of payment.
(i) Any period during which a participant received
temporary total disability benefit payments, as provided in
Section 18-126.1.
Service during a fraction of a month shall be considered a
month of service, but no more than one month of service shall
be credited for all service during any calendar month.
(Source: P.A. 86-272; 86-273; 86-1028; 87-1265.)
(40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101)
Sec. 22-101. Retirement Plan for Chicago Transit Authority
Employees.
(a) There shall be established and maintained by the
Metropolitan Mobility Authority created by the Metropolitan
Mobility Authority Act the Authority created by the
"Metropolitan Transit Authority Act", approved April 12, 1945,

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as amended, (referred to in this Section as the "Authority") a
financially sound pension and retirement system adequate to
provide for all payments when due under such established
system or as modified from time to time by ordinance of the
Authority Chicago Transit Board or collective bargaining
agreement. For this purpose, the Metropolitan Mobility
Authority Board must make contributions to the established
system as required under this Section and may make any
additional contributions provided for by Board ordinance or
collective bargaining agreement. The participating employees
shall make such periodic payments to the established system as
required under this Section and may make any additional
contributions provided for by Board ordinance or collective
bargaining agreement.
Provisions shall be made by the Board for all officers,
except those who first become members on or after January 1,
2012, and employees of the Authority appointed pursuant to the
"Metropolitan Transit Authority Act" (repealed) to become,
subject to reasonable rules and regulations, participants of
the pension or retirement system with uniform rights,
privileges, obligations and status as to the class in which
such officers and employees belong. The terms, conditions and
provisions of any pension or retirement system or of any
amendment or modification thereof affecting employees who are
members of any labor organization may be established, amended
or modified by agreement with such labor organization,

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provided the terms, conditions and provisions must be
consistent with this Act, the annual funding levels for the
retirement system established by law must be met and the
benefits paid to future participants in the system may not
exceed the benefit ceilings set for future participants under
this Act and the contribution levels required by the Authority
and its employees may not be less than the contribution levels
established under this Act.
(b) The Board of Trustees shall consist of 11 members
appointed as follows: (i) 6 5 trustees shall be appointed by
the Metropolitan Mobility Authority Board Chicago Transit
Board; (ii) 3 trustees shall be appointed by an organization
representing the highest number of Chicago Transit Authority
participants; (iii) one trustee shall be appointed by an
organization representing the second-highest number of Chicago
Transit Authority participants; and (iv) one trustee shall be
appointed by the recognized coalition representatives of
participants who are not represented by an organization with
the highest or second-highest number of Chicago Transit
Authority participants; and (v) one trustee shall be selected
by the Regional Transportation Authority Board of Directors,
and the trustee shall be a professional fiduciary who has
experience in the area of collectively bargained pension
plans. Those trustees serving on the effective date of this
amendatory Act of the 103rd General Assembly appointed by the
Chicago Transit Board and the Regional Transportation

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Authority Board of Directors shall continue serving until
their terms end or they are replaced by the Metropolitan
Mobility Authority Board. Trustees shall serve until a
successor has been appointed and qualified, or until
resignation, death, incapacity, or disqualification.
Any person appointed as a trustee of the board shall
qualify by taking an oath of office that he or she will
diligently and honestly administer the affairs of the system
and will not knowingly violate or willfully permit the
violation of any of the provisions of law applicable to the
Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110,
1-111, 1-114, and 1-115 of the Illinois Pension Code.
Each trustee shall cast individual votes, and a majority
vote shall be final and binding upon all interested parties,
provided that the Board of Trustees may require a
supermajority vote with respect to the investment of the
assets of the Retirement Plan, and may set forth that
requirement in the Retirement Plan documents, by-laws, or
rules of the Board of Trustees. Each trustee shall have the
rights, privileges, authority, and obligations as are usual
and customary for such fiduciaries.
The Board of Trustees may cause amounts on deposit in the
Retirement Plan to be invested in those investments that are
permitted investments for the investment of moneys held under
any one or more of the pension or retirement systems of the
State, any unit of local government or school district, or any

SB3936 - 411 - LRB103 40367 AWJ 72644 b
agency or instrumentality thereof. The Board, by a vote of at
least two-thirds of the trustees, may transfer investment
management to the Illinois State Board of Investment, which is
hereby authorized to manage these investments when so
requested by the Board of Trustees.
Notwithstanding any other provision of this Article or any
law to the contrary, any person who first became becomes a
member of the Chicago Transit Board on or after January 1, 2012
shall not be eligible to participate in this Retirement Plan.
(c) All individuals who were previously participants in
the Retirement Plan for Chicago Transit Authority Employees
shall remain participants, and shall receive the same benefits
established by the Retirement Plan for Chicago Transit
Authority Employees, except as provided in this amendatory Act
or by subsequent legislative enactment or amendment to the
Retirement Plan. For Authority employees hired on or after the
effective date of this amendatory Act of the 95th General
Assembly, the Retirement Plan for Chicago Transit Authority
Employees shall be the exclusive retirement plan and such
employees shall not be eligible for any supplemental plan,
except for a deferred compensation plan funded only by
employee contributions.
For all Authority employees who are first hired on or
after the effective date of this amendatory Act of the 95th
General Assembly and are participants in the Retirement Plan
for Chicago Transit Authority Employees, the following terms,

SB3936 - 412 - LRB103 40367 AWJ 72644 b
conditions and provisions with respect to retirement shall be
applicable:
(1) Such participant shall be eligible for an
unreduced retirement allowance for life upon the
attainment of age 64 with 25 years of continuous service.
(2) Such participant shall be eligible for a reduced
retirement allowance for life upon the attainment of age
55 with 10 years of continuous service.
(3) For the purpose of determining the retirement
allowance to be paid to a retiring employee, the term
"Continuous Service" as used in the Retirement Plan for
Chicago Transit Authority Employees shall also be deemed
to include all pension credit for service with any
retirement system established under Article 8 or Article
11 of this Code, provided that the employee forfeits and
relinquishes all pension credit under Article 8 or Article
11 of this Code, and the contribution required under this
subsection is made by the employee. The Retirement Plan's
actuary shall determine the contribution paid by the
employee as an amount equal to the normal cost of the
benefit accrued, had the service been rendered as an
employee, plus interest per annum from the time such
service was rendered until the date the payment is made.
(d) From the effective date of this amendatory Act through
December 31, 2008, all participating employees shall
contribute to the Retirement Plan in an amount not less than 6%

SB3936 - 413 - LRB103 40367 AWJ 72644 b
of compensation, and the Authority shall contribute to the
Retirement Plan in an amount not less than 12% of
compensation.
(e)(1) Beginning January 1, 2009 the Authority shall make
contributions to the Retirement Plan in an amount equal to
twelve percent (12%) of compensation and participating
employees shall make contributions to the Retirement Plan in
an amount equal to six percent (6%) of compensation. These
contributions may be paid by the Authority and participating
employees on a payroll or other periodic basis, but shall in
any case be paid to the Retirement Plan at least monthly.
(2) For the period ending December 31, 2040, the amount
paid by the Authority in any year with respect to debt service
on bonds issued for the purposes of funding a contribution to
the Retirement Plan under Section 12c of the Metropolitan
Transit Authority Act (repealed), other than debt service paid
with the proceeds of bonds or notes issued by the Authority for
any year after calendar year 2008, shall be treated as a credit
against the amount of required contribution to the Retirement
Plan by the Authority under subsection (e)(1) for the
following year up to an amount not to exceed 6% of compensation
paid by the Authority in that following year.
(3) By September 15 of each year beginning in 2009 and
ending on December 31, 2039, on the basis of a report prepared
by an enrolled actuary retained by the Plan, the Board of
Trustees of the Retirement Plan shall determine the estimated

SB3936 - 414 - LRB103 40367 AWJ 72644 b
funded ratio of the total assets of the Retirement Plan to its
total actuarially determined liabilities. A report containing
that determination and the actuarial assumptions on which it
is based shall be filed with the Authority, the
representatives of its participating employees, the Auditor
General of the State of Illinois, and the Metropolitan
Mobility Regional Transportation Authority. If the funded
ratio is projected to decline below 60% in any year before
2040, the Board of Trustees shall also determine the increased
contribution required each year as a level percentage of
payroll over the years remaining until 2040 using the
projected unit credit actuarial cost method so the funded
ratio does not decline below 60% and include that
determination in its report. If the actual funded ratio
declines below 60% in any year prior to 2040, the Board of
Trustees shall also determine the increased contribution
required each year as a level percentage of payroll during the
years after the then current year using the projected unit
credit actuarial cost method so the funded ratio is projected
to reach at least 60% no later than 10 years after the then
current year and include that determination in its report.
Within 60 days after receiving the report, the Auditor General
shall review the determination and the assumptions on which it
is based, and if he finds that the determination and the
assumptions on which it is based are unreasonable in the
aggregate, he shall issue a new determination of the funded

SB3936 - 415 - LRB103 40367 AWJ 72644 b
ratio, the assumptions on which it is based and the increased
contribution required each year as a level percentage of
payroll over the years remaining until 2040 using the
projected unit credit actuarial cost method so the funded
ratio does not decline below 60%, or, in the event of an actual
decline below 60%, so the funded ratio is projected to reach
60% by no later than 10 years after the then current year. If
the Board of Trustees or the Auditor General determine that an
increased contribution is required to meet the funded ratio
required by the subsection, effective January 1 following the
determination or 30 days after such determination, whichever
is later, one-third of the increased contribution shall be
paid by participating employees and two-thirds by the
Authority, in addition to the contributions required by this
subsection (1).
(4) For the period beginning 2040, the minimum
contribution to the Retirement Plan for each fiscal year shall
be an amount determined by the Board of Trustees of the
Retirement Plan to be sufficient to bring the total assets of
the Retirement Plan up to 90% of its total actuarial
liabilities by the end of 2059. Participating employees shall
be responsible for one-third of the required contribution and
the Authority shall be responsible for two-thirds of the
required contribution. In making these determinations, the
Board of Trustees shall calculate the required contribution
each year as a level percentage of payroll over the years

SB3936 - 416 - LRB103 40367 AWJ 72644 b
remaining to and including fiscal year 2059 using the
projected unit credit actuarial cost method. A report
containing that determination and the actuarial assumptions on
which it is based shall be filed by September 15 of each year
with the Authority, the representatives of its participating
employees, the Auditor General of the State of Illinois and
the Metropolitan Mobility Regional Transportation Authority.
If the funded ratio is projected to fail to reach 90% by
December 31, 2059, the Board of Trustees shall also determine
the increased contribution required each year as a level
percentage of payroll over the years remaining until December
31, 2059 using the projected unit credit actuarial cost method
so the funded ratio will meet 90% by December 31, 2059 and
include that determination in its report. Within 60 days after
receiving the report, the Auditor General shall review the
determination and the assumptions on which it is based and if
he finds that the determination and the assumptions on which
it is based are unreasonable in the aggregate, he shall issue a
new determination of the funded ratio, the assumptions on
which it is based and the increased contribution required each
year as a level percentage of payroll over the years remaining
until December 31, 2059 using the projected unit credit
actuarial cost method so the funded ratio reaches no less than
90% by December 31, 2059. If the Board of Trustees or the
Auditor General determine that an increased contribution is
required to meet the funded ratio required by this subsection,

SB3936 - 417 - LRB103 40367 AWJ 72644 b
effective January 1 following the determination or 30 days
after such determination, whichever is later, one-third of the
increased contribution shall be paid by participating
employees and two-thirds by the Authority, in addition to the
contributions required by subsection (e)(1).
(5) Beginning in 2060, the minimum contribution for each
year shall be the amount needed to maintain the total assets of
the Retirement Plan at 90% of the total actuarial liabilities
of the Plan, and the contribution shall be funded two-thirds
by the Authority and one-third by the participating employees
in accordance with this subsection.
(f) The Authority shall take the steps necessary to comply
with Section 414(h)(2) of the Internal Revenue Code of 1986,
as amended, to permit the pick-up of employee contributions
under subsections (d) and (e) on a tax-deferred basis.
(g) The Board of Trustees shall certify to the Governor,
the General Assembly, the Auditor General, the Board of the
Metropolitan Mobility Regional Transportation Authority, and
the Authority at least 90 days prior to the end of each fiscal
year the amount of the required contributions to the
retirement system for the next retirement system fiscal year
under this Section. The certification shall include a copy of
the actuarial recommendations upon which it is based. In
addition, copies of the certification shall be sent to the
Commission on Government Forecasting and Accountability and
the Mayor of Chicago.

SB3936 - 418 - LRB103 40367 AWJ 72644 b
(h)(1) As to an employee who first becomes entitled to a
retirement allowance commencing on or after November 30, 1989,
the retirement allowance shall be the amount determined in
accordance with the following formula:
(A) One percent (1%) of his "Average Annual
Compensation in the highest four (4) completed Plan Years"
for each full year of continuous service from the date of
original employment to the effective date of the Plan;
plus
(B) One and seventy-five hundredths percent (1.75%) of
his "Average Annual Compensation in the highest four (4)
completed Plan Years" for each year (including fractions
thereof to completed calendar months) of continuous
service as provided for in the Retirement Plan for Chicago
Transit Authority Employees.
Provided, however that:
(2) As to an employee who first becomes entitled to a
retirement allowance commencing on or after January 1, 1993,
the retirement allowance shall be the amount determined in
accordance with the following formula:
(A) One percent (1%) of his "Average Annual
Compensation in the highest four (4) completed Plan Years"
for each full year of continuous service from the date of
original employment to the effective date of the Plan;
plus
(B) One and eighty hundredths percent (1.80%) of his

SB3936 - 419 - LRB103 40367 AWJ 72644 b
"Average Annual Compensation in the highest four (4)
completed Plan Years" for each year (including fractions
thereof to completed calendar months) of continuous
service as provided for in the Retirement Plan for Chicago
Transit Authority Employees.
Provided, however that:
(3) As to an employee who first becomes entitled to a
retirement allowance commencing on or after January 1, 1994,
the retirement allowance shall be the amount determined in
accordance with the following formula:
(A) One percent (1%) of his "Average Annual
Compensation in the highest four (4) completed Plan Years"
for each full year of continuous service from the date of
original employment to the effective date of the Plan;
plus
(B) One and eighty-five hundredths percent (1.85%) of
his "Average Annual Compensation in the highest four (4)
completed Plan Years" for each year (including fractions
thereof to completed calendar months) of continuous
service as provided for in the Retirement Plan for Chicago
Transit Authority Employees.
Provided, however that:
(4) As to an employee who first becomes entitled to a
retirement allowance commencing on or after January 1, 2000,
the retirement allowance shall be the amount determined in
accordance with the following formula:

SB3936 - 420 - LRB103 40367 AWJ 72644 b
(A) One percent (1%) of his "Average Annual
Compensation in the highest four (4) completed Plan Years"
for each full year of continuous service from the date of
original employment to the effective date of the Plan;
plus
(B) Two percent (2%) of his "Average Annual
Compensation in the highest four (4) completed Plan Years"
for each year (including fractions thereof to completed
calendar months) of continuous service as provided for in
the Retirement Plan for Chicago Transit Authority
Employees.
Provided, however that:
(5) As to an employee who first becomes entitled to a
retirement allowance commencing on or after January 1, 2001,
the retirement allowance shall be the amount determined in
accordance with the following formula:
(A) One percent (1%) of his "Average Annual
Compensation in the highest four (4) completed Plan Years"
for each full year of continuous service from the date of
original employment to the effective date of the Plan;
plus
(B) Two and fifteen hundredths percent (2.15%) of his
"Average Annual Compensation in the highest four (4)
completed Plan Years" for each year (including fractions
thereof to completed calendar months) of continuous
service as provided for in the Retirement Plan for Chicago

SB3936 - 421 - LRB103 40367 AWJ 72644 b
Transit Authority Employees.
The changes made by this amendatory Act of the 95th
General Assembly, to the extent that they affect the rights or
privileges of Authority employees that are currently the
subject of collective bargaining, have been agreed to between
the authorized representatives of these employees and of the
Authority prior to enactment of this amendatory Act, as
evidenced by a Memorandum of Understanding between these
representatives that will be filed with the Secretary of State
Index Department and designated as "95-GA-C05". The General
Assembly finds and declares that those changes are consistent
with 49 U.S.C. 5333(b) (also known as Section 13(c) of the
Federal Transit Act) because of this agreement between
authorized representatives of these employees and of the
Authority, and that any future amendments to the provisions of
this amendatory Act of the 95th General Assembly, to the
extent those amendments would affect the rights and privileges
of Authority employees that are currently the subject of
collective bargaining, would be consistent with 49 U.S.C.
5333(b) if and only if those amendments were agreed to between
these authorized representatives prior to enactment.
(i) Early retirement incentive plan; funded ratio.
(1) Beginning on the effective date of this Section,
no early retirement incentive shall be offered to
participants of the Plan unless the Funded Ratio of the
Plan is at least 80% or more.

SB3936 - 422 - LRB103 40367 AWJ 72644 b
(2) For the purposes of this Section, the Funded Ratio
shall be the Adjusted Assets divided by the Actuarial
Accrued Liability developed in accordance with Statement
#25 promulgated by the Government Accounting Standards
Board and the actuarial assumptions described in the Plan.
The Adjusted Assets shall be calculated based on the
methodology described in the Plan.
(j) Nothing in this amendatory Act of the 95th General
Assembly shall impair the rights or privileges of Authority
employees under any other law.
(k) Any individual who, on or after August 19, 2011 (the
effective date of Public Act 97-442), first becomes a
participant of the Retirement Plan shall not be paid any of the
benefits provided under this Code if he or she is convicted of
a felony relating to, arising out of, or in connection with his
or her service as a participant.
This subsection (k) shall not operate to impair any
contract or vested right acquired before August 19, 2011 (the
effective date of Public Act 97-442) under any law or laws
continued in this Code, and it shall not preclude the right to
refund.
(Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12;
97-813, eff. 7-13-12.)
(40 ILCS 5/22-101B)
Sec. 22-101B. Health Care Benefits.

SB3936 - 423 - LRB103 40367 AWJ 72644 b
(a) The Metropolitan Mobility Chicago Transit Authority
(hereinafter referred to in this Section as the "Authority")
shall take all actions lawfully available to it to separate
the funding of health care benefits for retirees and their
dependents and survivors from the funding for its retirement
system. The Authority shall endeavor to achieve this
separation as soon as possible, and in any event no later than
July 1, 2009.
(b) Effective 90 days after the effective date of this
amendatory Act of the 95th General Assembly, a Retiree Health
Care Trust is established for the purpose of providing health
care benefits to eligible retirees and their dependents and
survivors in accordance with the terms and conditions set
forth in this Section 22-101B. The Retiree Health Care Trust
shall be solely responsible for providing health care benefits
to eligible retirees and their dependents and survivors upon
the exhaustion of the account established by the Retirement
Plan for Chicago Transit Authority Employees pursuant to
Section 401(h) of the Internal Revenue Code of 1986, but no
earlier than January 1, 2009 and no later than July 1, 2009.
(1) The Board of Trustees shall consist of 7 members
appointed as follows: (i) 4 3 trustees shall be appointed
by the Metropolitan Mobility Authority Board Chicago
Transit Board; (ii) one trustee shall be appointed by an
organization representing the highest number of former
Chicago Transit Authority participants; (iii) one trustee

SB3936 - 424 - LRB103 40367 AWJ 72644 b
shall be appointed by an organization representing the
second-highest number of former Chicago Transit Authority
participants; and (iv) one trustee shall be appointed by
the recognized coalition representatives of participants
who are not represented by an organization with the
highest or second-highest number of former Chicago Transit
Authority participants; and (v) one trustee shall be
selected by the Regional Transportation Authority Board of
Directors, and the trustee shall be a professional
fiduciary who has experience in the area of collectively
bargained retiree health plans. Those trustees serving on
the effective date of this amendatory Act of the 103rd
General Assembly appointed by the Chicago Transit Board
and the Regional Transportation Authority Board of
Directors shall continue serving until their terms end or
they are replaced by the Metropolitan Mobility Authority
Board. Trustees shall serve until a successor has been
appointed and qualified, or until resignation, death,
incapacity, or disqualification.
Any person appointed as a trustee of the board shall
qualify by taking an oath of office that he or she will
diligently and honestly administer the affairs of the
system, and will not knowingly violate or willfully permit
the violation of any of the provisions of law applicable
to the Plan, including Sections 1-109, 1-109.1, 1-109.2,
1-110, 1-111, 1-114, and 1-115 of Article 1 of the

SB3936 - 425 - LRB103 40367 AWJ 72644 b
Illinois Pension Code.
Each trustee shall cast individual votes, and a
majority vote shall be final and binding upon all
interested parties, provided that the Board of Trustees
may require a supermajority vote with respect to the
investment of the assets of the Retiree Health Care Trust,
and may set forth that requirement in the trust agreement
or by-laws of the Board of Trustees. Each trustee shall
have the rights, privileges, authority and obligations as
are usual and customary for such fiduciaries.
(2) The Board of Trustees shall establish and
administer a health care benefit program for eligible
retirees and their dependents and survivors. Any health
care benefit program established by the Board of Trustees
for eligible retirees and their dependents and survivors
effective on or after July 1, 2009 shall not contain any
plan which provides for more than 90% coverage for
in-network services or 70% coverage for out-of-network
services after any deductible has been paid, except that
coverage through a health maintenance organization ("HMO")
may be provided at 100%.
(2.5) The Board of Trustees may also establish and
administer a health reimbursement arrangement for retirees
and for former employees of the Authority or the
Retirement Plan, and their survivors, who have contributed
to the Retiree Health Care Trust but do not satisfy the

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years of service requirement of subdivision (b)(4) and the
terms of the retiree health care plan; or for those who do
satisfy the requirements of subdivision (b)(4) and the
terms of the retiree health care plan but who decline
coverage under the plan prior to retirement. Any such
health reimbursement arrangement may provide that: the
retirees or former employees of the Authority or the
Retirement Plan, and their survivors, must have reached
age 65 to be eligible to participate in the health
reimbursement arrangement; contributions by the retirees
or former employees of the Authority or the Retirement
Plan to the Retiree Health Care Trust shall be considered
assets of the Retiree Health Care Trust only;
contributions shall not accrue interest for the benefit of
the retiree or former employee of the Authority or the
Retirement Plan or survivor; benefits shall be payable in
accordance with the Internal Revenue Code of 1986; the
amounts paid to or on account of the retiree or former
employee of the Authority or the Retirement Plan or
survivor shall not exceed the total amount which the
retiree or former employee of the Authority or the
Retirement Plan contributed to the Retiree Health Care
Trust; the Retiree Health Care Trust may charge a
reasonable administrative fee for processing the benefits.
The Board of Trustees of the Retiree Health Care Trust may
establish such rules, limitations and requirements as the

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Board of Trustees deems appropriate.
(3) The Retiree Health Care Trust shall be
administered by the Board of Trustees according to the
following requirements:
(i) The Board of Trustees may cause amounts on
deposit in the Retiree Health Care Trust to be
invested in those investments that are permitted
investments for the investment of moneys held under
any one or more of the pension or retirement systems of
the State, any unit of local government or school
district, or any agency or instrumentality thereof.
The Board, by a vote of at least two-thirds of the
trustees, may transfer investment management to the
Illinois State Board of Investment, which is hereby
authorized to manage these investments when so
requested by the Board of Trustees.
(ii) The Board of Trustees shall establish and
maintain an appropriate funding reserve level which
shall not be less than the amount of incurred and
unreported claims plus 12 months of expected claims
and administrative expenses.
(iii) The Board of Trustees shall make an annual
assessment of the funding levels of the Retiree Health
Care Trust and shall submit a report to the Auditor
General at least 90 days prior to the end of the fiscal
year. The report shall provide the following:

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(A) the actuarial present value of projected
benefits expected to be paid to current and future
retirees and their dependents and survivors;
(B) the actuarial present value of projected
contributions and trust income plus assets;
(C) the reserve required by subsection
(b)(3)(ii); and
(D) an assessment of whether the actuarial
present value of projected benefits expected to be
paid to current and future retirees and their
dependents and survivors exceeds or is less than
the actuarial present value of projected
contributions and trust income plus assets in
excess of the reserve required by subsection
(b)(3)(ii).
If the actuarial present value of projected
benefits expected to be paid to current and future
retirees and their dependents and survivors exceeds
the actuarial present value of projected contributions
and trust income plus assets in excess of the reserve
required by subsection (b)(3)(ii), then the report
shall provide a plan, to be implemented over a period
of not more than 10 years from each valuation date,
which would make the actuarial present value of
projected contributions and trust income plus assets
equal to or exceed the actuarial present value of

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projected benefits expected to be paid to current and
future retirees and their dependents and survivors.
The plan may consist of increases in employee,
retiree, dependent, or survivor contribution levels,
decreases in benefit levels, or other plan changes or
any combination thereof. If the actuarial present
value of projected benefits expected to be paid to
current and future retirees and their dependents and
survivors is less than the actuarial present value of
projected contributions and trust income plus assets
in excess of the reserve required by subsection
(b)(3)(ii), then the report may provide a plan of
decreases in employee, retiree, dependent, or survivor
contribution levels, increases in benefit levels, or
other plan changes, or any combination thereof, to the
extent of the surplus.
(iv) The Auditor General shall review the report
and plan provided in subsection (b)(3)(iii) and issue
a determination within 90 days after receiving the
report and plan, with a copy of such determination
provided to the General Assembly and the Metropolitan
Mobility Regional Transportation Authority, as
follows:
(A) In the event of a projected shortfall, if
the Auditor General determines that the
assumptions stated in the report are not

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unreasonable in the aggregate and that the plan of
increases in employee, retiree, dependent, or
survivor contribution levels, decreases in benefit
levels, or other plan changes, or any combination
thereof, to be implemented over a period of not
more than 10 years from each valuation date, is
reasonably projected to make the actuarial present
value of projected contributions and trust income
plus assets equal to or in excess of the actuarial
present value of projected benefits expected to be
paid to current and future retirees and their
dependents and survivors, then the Board of
Trustees shall implement the plan. If the Auditor
General determines that the assumptions stated in
the report are unreasonable in the aggregate, or
that the plan of increases in employee, retiree,
dependent, or survivor contribution levels,
decreases in benefit levels, or other plan changes
to be implemented over a period of not more than 10
years from each valuation date, is not reasonably
projected to make the actuarial present value of
projected contributions and trust income plus
assets equal to or in excess of the actuarial
present value of projected benefits expected to be
paid to current and future retirees and their
dependents and survivors, then the Board of

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Trustees shall not implement the plan, the Auditor
General shall explain the basis for such
determination to the Board of Trustees, and the
Auditor General may make recommendations as to an
alternative report and plan.
(B) In the event of a projected surplus, if
the Auditor General determines that the
assumptions stated in the report are not
unreasonable in the aggregate and that the plan of
decreases in employee, retiree, dependent, or
survivor contribution levels, increases in benefit
levels, or both, is not unreasonable in the
aggregate, then the Board of Trustees shall
implement the plan. If the Auditor General
determines that the assumptions stated in the
report are unreasonable in the aggregate, or that
the plan of decreases in employee, retiree,
dependent, or survivor contribution levels,
increases in benefit levels, or both, is
unreasonable in the aggregate, then the Board of
Trustees shall not implement the plan, the Auditor
General shall explain the basis for such
determination to the Board of Trustees, and the
Auditor General may make recommendations as to an
alternative report and plan.
(C) The Board of Trustees shall submit an

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alternative report and plan within 45 days after
receiving a rejection determination by the Auditor
General. A determination by the Auditor General on
any alternative report and plan submitted by the
Board of Trustees shall be made within 90 days
after receiving the alternative report and plan,
and shall be accepted or rejected according to the
requirements of this subsection (b)(3)(iv). The
Board of Trustees shall continue to submit
alternative reports and plans to the Auditor
General, as necessary, until a favorable
determination is made by the Auditor General.
(4) For any retiree who first retires effective on or
after January 18, 2008, to be eligible for retiree health
care benefits upon retirement, the retiree must be at
least 55 years of age, retire with 10 or more years of
continuous service and satisfy the preconditions
established by Public Act 95-708 in addition to any rules
or regulations promulgated by the Board of Trustees.
Notwithstanding the foregoing, any retiree hired on or
before September 5, 2001 who retires with 25 years or more
of continuous service shall be eligible for retiree health
care benefits upon retirement in accordance with any rules
or regulations adopted by the Board of Trustees; provided
he or she retires prior to the full execution of the
successor collective bargaining agreement to the

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collective bargaining agreement that became effective
January 1, 2007 between the Authority and the
organizations representing the highest and second-highest
number of former Chicago Transit Authority participants.
This paragraph (4) shall not apply to a disability
allowance.
(5) Effective January 1, 2009, the aggregate amount of
retiree, dependent and survivor contributions to the cost
of their health care benefits shall not exceed more than
45% of the total cost of such benefits. The Board of
Trustees shall have the discretion to provide different
contribution levels for retirees, dependents and survivors
based on their years of service, level of coverage or
Medicare eligibility, provided that the total contribution
from all retirees, dependents, and survivors shall be not
more than 45% of the total cost of such benefits. The term
"total cost of such benefits" for purposes of this
subsection shall be the total amount expended by the
retiree health benefit program in the prior plan year, as
calculated and certified in writing by the Retiree Health
Care Trust's enrolled actuary to be appointed and paid for
by the Board of Trustees.
(6) Effective January 1, 2022, all employees of the
Authority shall contribute to the Retiree Health Care
Trust in an amount not less than 1% of compensation.
(7) No earlier than January 1, 2009 and no later than

SB3936 - 434 - LRB103 40367 AWJ 72644 b
July 1, 2009 as the Retiree Health Care Trust becomes
solely responsible for providing health care benefits to
eligible retirees and their dependents and survivors in
accordance with subsection (b) of this Section 22-101B,
the Authority shall not have any obligation to provide
health care to current or future retirees and their
dependents or survivors. Employees, retirees, dependents,
and survivors who are required to make contributions to
the Retiree Health Care Trust shall make contributions at
the level set by the Board of Trustees pursuant to the
requirements of this Section 22-101B.
(Source: P.A. 102-415, eff. 1-1-22.)
(40 ILCS 5/22-103)
Sec. 22-103. Metropolitan Mobility Regional Transportation
Authority and related pension plans.
(a) As used in this Section:
"Affected pension plan" means a defined-benefit pension
plan supported in whole or in part by employer contributions
and maintained by the Metropolitan Mobility Authority Regional
Transportation Authority, the Suburban Bus Division, or the
Commuter Rail Division, or any combination thereof, under the
general authority of the Metropolitan Mobility Regional
Transportation Authority Act, including but not limited to any
such plan that has been established under or is subject to a
collective bargaining agreement or is limited to employees

SB3936 - 435 - LRB103 40367 AWJ 72644 b
covered by a collective bargaining agreement. "Affected
pension plan" does not include any pension fund or retirement
system subject to Section 22-101 of this Section.
"Authority" means the Metropolitan Mobility Regional
Transportation Authority created under the Metropolitan
Mobility Regional Transportation Authority Act.
"Contributing employer" means an employer that is required
to make contributions to an affected pension plan under the
terms of that plan.
"Funding ratio" means the ratio of an affected pension
plan's assets to the present value of its actuarial
liabilities, as determined at its latest actuarial valuation
in accordance with applicable actuarial assumptions and
recommendations.
"Under-funded pension plan" or "under-funded" means an
affected pension plan that, at the time of its last actuarial
valuation, has a funding ratio of less than 90%.
(b) The contributing employers of each affected pension
plan have a general duty to make the required employer
contributions to the affected pension plan in a timely manner
in accordance with the terms of the plan. A contributing
employer must make contributions to the affected pension plan
as required under this subsection and, if applicable,
subsection (c); a contributing employer may make any
additional contributions provided for by the board of the
employer or collective bargaining agreement.

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(c) In the case of an affected pension plan that is
under-funded on January 1, 2009 or becomes under-funded at any
time after that date, the contributing employers shall
contribute to the affected pension plan, in addition to all
amounts otherwise required, amounts sufficient to bring the
funding ratio of the affected pension plan up to 90% in
accordance with an amortization schedule adopted jointly by
the contributing employers and the trustee of the affected
pension plan. The amortization schedule may extend for any
period up to a maximum of 50 years and shall provide for
additional employer contributions in substantially equal
annual amounts over the selected period. If the contributing
employers and the trustee of the affected pension plan do not
agree on an appropriate period for the amortization schedule
within 6 months of the date of determination that the plan is
under-funded, then the amortization schedule shall be based on
a period of 50 years.
In the case of an affected pension plan that has more than
one contributing employer, each contributing employer's share
of the total additional employer contributions required under
this subsection shall be determined: (i) in proportion to the
amounts, if any, by which the respective contributing
employers have failed to meet their contribution obligations
under the terms of the affected pension plan; or (ii) if all of
the contributing employers have met their contribution
obligations under the terms of the affected pension plan, then

SB3936 - 437 - LRB103 40367 AWJ 72644 b
in the same proportion as they are required to contribute
under the terms of that plan. In the case of an affected
pension plan that has only one contributing employer, that
contributing employer is responsible for all of the additional
employer contributions required under this subsection.
If an under-funded pension plan is determined to have
achieved a funding ratio of at least 90% during the period when
an amortization schedule is in force under this Section, the
contributing employers and the trustee of the affected pension
plan, acting jointly, may cancel the amortization schedule and
the contributing employers may cease making additional
contributions under this subsection for as long as the
affected pension plan retains a funding ratio of at least 90%.
(d) Beginning January 1, 2009, if the Authority fails to
pay to an affected pension fund within 30 days after it is due
(i) any employer contribution that it is required to make as a
contributing employer, (ii) any additional employer
contribution that it is required to pay under subsection (c),
or (iii) any payment that it is required to make under
subsection (d) of Section 3.03 of the Metropolitan Mobility
Authority Act as a result of Section 4.02a or 4.02b of the
Regional Transportation Authority Act (repealed), the trustee
of the affected pension fund shall promptly so notify the
Commission on Government Forecasting and Accountability, the
Mayor of Chicago, the Governor, and the General Assembly.
(e) For purposes of determining employer contributions,

SB3936 - 438 - LRB103 40367 AWJ 72644 b
assets, and actuarial liabilities under this subsection,
contributions, assets, and liabilities relating to health care
benefits shall not be included.
(f) This amendatory Act of the 94th General Assembly does
not affect or impair the right of any contributing employer or
its employees to collectively bargain the amount or level of
employee contributions to an affected pension plan, to the
extent that the plan includes employees subject to collective
bargaining.
(g) Any individual who, on or after August 19, 2011 (the
effective date of Public Act 97-442), first becomes a
participant of an affected pension plan shall not be paid any
of the benefits provided under this Code if he or she is
convicted of a felony relating to, arising out of, or in
connection with his or her service as a participant.
This subsection shall not operate to impair any contract
or vested right acquired before August 19, 2011 (the effective
date of Public Act 97-442) under any law or laws continued in
this Code, and it shall not preclude the right to refund.
(h) Notwithstanding any other provision of this Article or
any law to the contrary, a person who, on or after January 1,
2012 (the effective date of Public Act 97-609), first becomes
a director on the Suburban Bus Board, the Commuter Rail Board,
or the Board of Directors of the Regional Transportation
Authority, or the Board of Directors of the Metropolitan
Mobility Authority shall not be eligible to participate in an

SB3936 - 439 - LRB103 40367 AWJ 72644 b
affected pension plan.
(Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12;
97-813, eff. 7-13-12.)
(40 ILCS 5/22-105)
Sec. 22-105. Application to Metropolitan Mobility Regional
Transportation Authority Board members. This Code does not
apply to any individual who first becomes a member of the
Regional Transportation Authority Board on or after the
effective date of this amendatory Act of the 98th General
Assembly with respect to service on that Board or the
Metropolitan Mobility Authority Board on or after the
effective date of this amendatory Act of the 103rd General
Assembly with respect to service on that Board.
(Source: P.A. 98-108, eff. 7-23-13.)
Section 20.28. The Illinois Municipal Budget Law is
amended by changing Section 2 as follows:
(50 ILCS 330/2) (from Ch. 85, par. 802)
Sec. 2. The following terms, unless the context otherwise
indicates, have the following meaning:
(1) "Municipality" means and includes all municipal
corporations and political subdivisions of this State, or any
such unit or body hereafter created by authority of law,
except the following: (a) The State of Illinois; (b) counties;

SB3936 - 440 - LRB103 40367 AWJ 72644 b
(c) cities, villages and incorporated towns; (d) sanitary
districts created under "An Act to create sanitary districts
and to remove obstructions in the Des Plaines and Illinois
Rivers", approved May 29, 1889, as amended; (e) forest
preserve districts having a population of 500,000 or more,
created under "An Act to provide for the creation and
management of forest preserve districts and repealing certain
Acts therein named", approved June 27, 1913, as amended; (f)
school districts; (g) the Chicago Park District created under
"An Act in relation to the creation, maintenance, operation
and improvement of the Chicago Park District", approved, June
10, 1933, as amended; (h) park districts created under "The
Park District Code", approved July 8, 1947, as amended; (i)
the Metropolitan Mobility Regional Transportation Authority
created under the Metropolitan Mobility "Regional
Transportation Authority Act", enacted by the 78th General
Assembly; and (j) the Illinois Sports Facilities Authority.
(2) "Governing body" means the corporate authorities,
body, or other officer of the municipality authorized by law
to raise revenue, appropriate funds, or levy taxes for the
operation and maintenance thereof.
(3) "Department" means the Department of Commerce and
Economic Opportunity.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 20.29. The Counties Code is amended by changing

SB3936 - 441 - LRB103 40367 AWJ 72644 b
Section 6-34000 as follows:
(55 ILCS 5/6-34000)
Sec. 6-34000. Report on funds received under the
Metropolitan Mobility Regional Transportation Authority Act.
If the Board of the Metropolitan Mobility Regional
Transportation Authority adopts an ordinance under Section
6.02 4.03 of the Metropolitan Mobility Regional Transportation
Authority Act imposing a retailers' occupation tax and a
service occupation tax at the rate of 0.75% in the counties of
DuPage, Kane, Lake, McHenry, and Will, then the County Boards
of DuPage, Kane, Lake, McHenry, and Will counties shall each
report to the General Assembly and the Commission on
Government Forecasting and Accountability by March 1 of the
year following the adoption of the ordinance and March 1 of
each year thereafter. That report shall include the total
amounts received by the County under subsection (cc) of
Section 6.02 (n) of Section 4.03 of the Metropolitan Mobility
Regional Transportation Authority Act and the expenditures and
obligations of the County using those funds during the
previous calendar year.
(Source: P.A. 95-906, eff. 8-26-08.)
Section 20.30. The Illinois Municipal Code is amended by
changing Sections 11-1-11, 11-74.4-3 and 11-122.2-1 and
changing the heading of Division 122.2 of Article 11 as

SB3936 - 442 - LRB103 40367 AWJ 72644 b
follows:
(65 ILCS 5/11-1-11) (from Ch. 24, par. 11-1-11)
Sec. 11-1-11. Agreement with another entity to enforce
traffic ordinances. The corporate authorities of a
municipality with a population greater than 1,000,000 may
enter into an agreement with the Metropolitan Mobility Chicago
Transit Authority, created under the Metropolitan Mobility
Metropolitan Transit Authority Act, whereby Chicago Transit
Authority supervisory employees are empowered to enforce
certain traffic ordinances enacted by the municipality.
(Source: P.A. 87-597.)
(65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
Sec. 11-74.4-3. Definitions. The following terms, wherever
used or referred to in this Division 74.4 shall have the
following respective meanings, unless in any case a different
meaning clearly appears from the context.
(a) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to November 1, 1999 (the effective date of Public Act
91-478), "blighted area" shall have the meaning set forth in
this Section prior to that date.
On and after November 1, 1999, "blighted area" means any
improved or vacant area within the boundaries of a
redevelopment project area located within the territorial

SB3936 - 443 - LRB103 40367 AWJ 72644 b
limits of the municipality where:
(1) If improved, industrial, commercial, and
residential buildings or improvements are detrimental to
the public safety, health, or welfare because of a
combination of 5 or more of the following factors, each of
which is (i) present, with that presence documented, to a
meaningful extent so that a municipality may reasonably
find that the factor is clearly present within the intent
of the Act and (ii) reasonably distributed throughout the
improved part of the redevelopment project area:
(A) Dilapidation. An advanced state of disrepair
or neglect of necessary repairs to the primary
structural components of buildings or improvements in
such a combination that a documented building
condition analysis determines that major repair is
required or the defects are so serious and so
extensive that the buildings must be removed.
(B) Obsolescence. The condition or process of
falling into disuse. Structures have become ill-suited
for the original use.
(C) Deterioration. With respect to buildings,
defects including, but not limited to, major defects
in the secondary building components such as doors,
windows, porches, gutters and downspouts, and fascia.
With respect to surface improvements, that the
condition of roadways, alleys, curbs, gutters,

SB3936 - 444 - LRB103 40367 AWJ 72644 b
sidewalks, off-street parking, and surface storage
areas evidence deterioration, including, but not
limited to, surface cracking, crumbling, potholes,
depressions, loose paving material, and weeds
protruding through paved surfaces.
(D) Presence of structures below minimum code
standards. All structures that do not meet the
standards of zoning, subdivision, building, fire, and
other governmental codes applicable to property, but
not including housing and property maintenance codes.
(E) Illegal use of individual structures. The use
of structures in violation of applicable federal,
State, or local laws, exclusive of those applicable to
the presence of structures below minimum code
standards.
(F) Excessive vacancies. The presence of buildings
that are unoccupied or under-utilized and that
represent an adverse influence on the area because of
the frequency, extent, or duration of the vacancies.
(G) Lack of ventilation, light, or sanitary
facilities. The absence of adequate ventilation for
light or air circulation in spaces or rooms without
windows, or that require the removal of dust, odor,
gas, smoke, or other noxious airborne materials.
Inadequate natural light and ventilation means the
absence of skylights or windows for interior spaces or

SB3936 - 445 - LRB103 40367 AWJ 72644 b
rooms and improper window sizes and amounts by room
area to window area ratios. Inadequate sanitary
facilities refers to the absence or inadequacy of
garbage storage and enclosure, bathroom facilities,
hot water and kitchens, and structural inadequacies
preventing ingress and egress to and from all rooms
and units within a building.
(H) Inadequate utilities. Underground and overhead
utilities such as storm sewers and storm drainage,
sanitary sewers, water lines, and gas, telephone, and
electrical services that are shown to be inadequate.
Inadequate utilities are those that are: (i) of
insufficient capacity to serve the uses in the
redevelopment project area, (ii) deteriorated,
antiquated, obsolete, or in disrepair, or (iii)
lacking within the redevelopment project area.
(I) Excessive land coverage and overcrowding of
structures and community facilities. The
over-intensive use of property and the crowding of
buildings and accessory facilities onto a site.
Examples of problem conditions warranting the
designation of an area as one exhibiting excessive
land coverage are: (i) the presence of buildings
either improperly situated on parcels or located on
parcels of inadequate size and shape in relation to
present-day standards of development for health and

SB3936 - 446 - LRB103 40367 AWJ 72644 b
safety and (ii) the presence of multiple buildings on
a single parcel. For there to be a finding of excessive
land coverage, these parcels must exhibit one or more
of the following conditions: insufficient provision
for light and air within or around buildings,
increased threat of spread of fire due to the close
proximity of buildings, lack of adequate or proper
access to a public right-of-way, lack of reasonably
required off-street parking, or inadequate provision
for loading and service.
(J) Deleterious land use or layout. The existence
of incompatible land-use relationships, buildings
occupied by inappropriate mixed-uses, or uses
considered to be noxious, offensive, or unsuitable for
the surrounding area.
(K) Environmental clean-up. The proposed
redevelopment project area has incurred Illinois
Environmental Protection Agency or United States
Environmental Protection Agency remediation costs for,
or a study conducted by an independent consultant
recognized as having expertise in environmental
remediation has determined a need for, the clean-up of
hazardous waste, hazardous substances, or underground
storage tanks required by State or federal law,
provided that the remediation costs constitute a
material impediment to the development or

SB3936 - 447 - LRB103 40367 AWJ 72644 b
redevelopment of the redevelopment project area.
(L) Lack of community planning. The proposed
redevelopment project area was developed prior to or
without the benefit or guidance of a community plan.
This means that the development occurred prior to the
adoption by the municipality of a comprehensive or
other community plan or that the plan was not followed
at the time of the area's development. This factor
must be documented by evidence of adverse or
incompatible land-use relationships, inadequate street
layout, improper subdivision, parcels of inadequate
shape and size to meet contemporary development
standards, or other evidence demonstrating an absence
of effective community planning.
(M) The total equalized assessed value of the
proposed redevelopment project area has declined for 3
of the last 5 calendar years prior to the year in which
the redevelopment project area is designated or is
increasing at an annual rate that is less than the
balance of the municipality for 3 of the last 5
calendar years for which information is available or
is increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published
by the United States Department of Labor or successor
agency for 3 of the last 5 calendar years prior to the
year in which the redevelopment project area is

SB3936 - 448 - LRB103 40367 AWJ 72644 b
designated.
(2) If vacant, the sound growth of the redevelopment
project area is impaired by a combination of 2 or more of
the following factors, each of which is (i) present, with
that presence documented, to a meaningful extent so that a
municipality may reasonably find that the factor is
clearly present within the intent of the Act and (ii)
reasonably distributed throughout the vacant part of the
redevelopment project area to which it pertains:
(A) Obsolete platting of vacant land that results
in parcels of limited or narrow size or configurations
of parcels of irregular size or shape that would be
difficult to develop on a planned basis and in a manner
compatible with contemporary standards and
requirements, or platting that failed to create
rights-of-ways for streets or alleys or that created
inadequate right-of-way widths for streets, alleys, or
other public rights-of-way or that omitted easements
for public utilities.
(B) Diversity of ownership of parcels of vacant
land sufficient in number to retard or impede the
ability to assemble the land for development.
(C) Tax and special assessment delinquencies exist
or the property has been the subject of tax sales under
the Property Tax Code within the last 5 years.
(D) Deterioration of structures or site

SB3936 - 449 - LRB103 40367 AWJ 72644 b
improvements in neighboring areas adjacent to the
vacant land.
(E) The area has incurred Illinois Environmental
Protection Agency or United States Environmental
Protection Agency remediation costs for, or a study
conducted by an independent consultant recognized as
having expertise in environmental remediation has
determined a need for, the clean-up of hazardous
waste, hazardous substances, or underground storage
tanks required by State or federal law, provided that
the remediation costs constitute a material impediment
to the development or redevelopment of the
redevelopment project area.
(F) The total equalized assessed value of the
proposed redevelopment project area has declined for 3
of the last 5 calendar years prior to the year in which
the redevelopment project area is designated or is
increasing at an annual rate that is less than the
balance of the municipality for 3 of the last 5
calendar years for which information is available or
is increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published
by the United States Department of Labor or successor
agency for 3 of the last 5 calendar years prior to the
year in which the redevelopment project area is
designated.

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(3) If vacant, the sound growth of the redevelopment
project area is impaired by one of the following factors
that (i) is present, with that presence documented, to a
meaningful extent so that a municipality may reasonably
find that the factor is clearly present within the intent
of the Act and (ii) is reasonably distributed throughout
the vacant part of the redevelopment project area to which
it pertains:
(A) The area consists of one or more unused
quarries, mines, or strip mine ponds.
(B) The area consists of unused rail yards, rail
tracks, or railroad rights-of-way.
(C) The area, prior to its designation, is subject
to (i) chronic flooding that adversely impacts on real
property in the area as certified by a registered
professional engineer or appropriate regulatory agency
or (ii) surface water that discharges from all or a
part of the area and contributes to flooding within
the same watershed, but only if the redevelopment
project provides for facilities or improvements to
contribute to the alleviation of all or part of the
flooding.
(D) The area consists of an unused or illegal
disposal site containing earth, stone, building
debris, or similar materials that were removed from
construction, demolition, excavation, or dredge sites.

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(E) Prior to November 1, 1999, the area is not less
than 50 nor more than 100 acres and 75% of which is
vacant (notwithstanding that the area has been used
for commercial agricultural purposes within 5 years
prior to the designation of the redevelopment project
area), and the area meets at least one of the factors
itemized in paragraph (1) of this subsection, the area
has been designated as a town or village center by
ordinance or comprehensive plan adopted prior to
January 1, 1982, and the area has not been developed
for that designated purpose.
(F) The area qualified as a blighted improved area
immediately prior to becoming vacant, unless there has
been substantial private investment in the immediately
surrounding area.
(b) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to November 1, 1999 (the effective date of Public Act
91-478), "conservation area" shall have the meaning set forth
in this Section prior to that date.
On and after November 1, 1999, "conservation area" means
any improved area within the boundaries of a redevelopment
project area located within the territorial limits of the
municipality in which 50% or more of the structures in the area
have an age of 35 years or more. Such an area is not yet a
blighted area but because of a combination of 3 or more of the

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following factors is detrimental to the public safety, health,
morals or welfare and such an area may become a blighted area:
(1) Dilapidation. An advanced state of disrepair or
neglect of necessary repairs to the primary structural
components of buildings or improvements in such a
combination that a documented building condition analysis
determines that major repair is required or the defects
are so serious and so extensive that the buildings must be
removed.
(2) Obsolescence. The condition or process of falling
into disuse. Structures have become ill-suited for the
original use.
(3) Deterioration. With respect to buildings, defects
including, but not limited to, major defects in the
secondary building components such as doors, windows,
porches, gutters and downspouts, and fascia. With respect
to surface improvements, that the condition of roadways,
alleys, curbs, gutters, sidewalks, off-street parking, and
surface storage areas evidence deterioration, including,
but not limited to, surface cracking, crumbling, potholes,
depressions, loose paving material, and weeds protruding
through paved surfaces.
(4) Presence of structures below minimum code
standards. All structures that do not meet the standards
of zoning, subdivision, building, fire, and other
governmental codes applicable to property, but not

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including housing and property maintenance codes.
(5) Illegal use of individual structures. The use of
structures in violation of applicable federal, State, or
local laws, exclusive of those applicable to the presence
of structures below minimum code standards.
(6) Excessive vacancies. The presence of buildings
that are unoccupied or under-utilized and that represent
an adverse influence on the area because of the frequency,
extent, or duration of the vacancies.
(7) Lack of ventilation, light, or sanitary
facilities. The absence of adequate ventilation for light
or air circulation in spaces or rooms without windows, or
that require the removal of dust, odor, gas, smoke, or
other noxious airborne materials. Inadequate natural light
and ventilation means the absence or inadequacy of
skylights or windows for interior spaces or rooms and
improper window sizes and amounts by room area to window
area ratios. Inadequate sanitary facilities refers to the
absence or inadequacy of garbage storage and enclosure,
bathroom facilities, hot water and kitchens, and
structural inadequacies preventing ingress and egress to
and from all rooms and units within a building.
(8) Inadequate utilities. Underground and overhead
utilities such as storm sewers and storm drainage,
sanitary sewers, water lines, and gas, telephone, and
electrical services that are shown to be inadequate.

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Inadequate utilities are those that are: (i) of
insufficient capacity to serve the uses in the
redevelopment project area, (ii) deteriorated, antiquated,
obsolete, or in disrepair, or (iii) lacking within the
redevelopment project area.
(9) Excessive land coverage and overcrowding of
structures and community facilities. The over-intensive
use of property and the crowding of buildings and
accessory facilities onto a site. Examples of problem
conditions warranting the designation of an area as one
exhibiting excessive land coverage are: the presence of
buildings either improperly situated on parcels or located
on parcels of inadequate size and shape in relation to
present-day standards of development for health and safety
and the presence of multiple buildings on a single parcel.
For there to be a finding of excessive land coverage,
these parcels must exhibit one or more of the following
conditions: insufficient provision for light and air
within or around buildings, increased threat of spread of
fire due to the close proximity of buildings, lack of
adequate or proper access to a public right-of-way, lack
of reasonably required off-street parking, or inadequate
provision for loading and service.
(10) Deleterious land use or layout. The existence of
incompatible land-use relationships, buildings occupied by
inappropriate mixed-uses, or uses considered to be

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noxious, offensive, or unsuitable for the surrounding
area.
(11) Lack of community planning. The proposed
redevelopment project area was developed prior to or
without the benefit or guidance of a community plan. This
means that the development occurred prior to the adoption
by the municipality of a comprehensive or other community
plan or that the plan was not followed at the time of the
area's development. This factor must be documented by
evidence of adverse or incompatible land-use
relationships, inadequate street layout, improper
subdivision, parcels of inadequate shape and size to meet
contemporary development standards, or other evidence
demonstrating an absence of effective community planning.
(12) The area has incurred Illinois Environmental
Protection Agency or United States Environmental
Protection Agency remediation costs for, or a study
conducted by an independent consultant recognized as
having expertise in environmental remediation has
determined a need for, the clean-up of hazardous waste,
hazardous substances, or underground storage tanks
required by State or federal law, provided that the
remediation costs constitute a material impediment to the
development or redevelopment of the redevelopment project
area.
(13) The total equalized assessed value of the

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proposed redevelopment project area has declined for 3 of
the last 5 calendar years for which information is
available or is increasing at an annual rate that is less
than the balance of the municipality for 3 of the last 5
calendar years for which information is available or is
increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published by
the United States Department of Labor or successor agency
for 3 of the last 5 calendar years for which information is
available.
(c) "Industrial park" means an area in a blighted or
conservation area suitable for use by any manufacturing,
industrial, research or transportation enterprise, of
facilities to include but not be limited to factories, mills,
processing plants, assembly plants, packing plants,
fabricating plants, industrial distribution centers,
warehouses, repair overhaul or service facilities, freight
terminals, research facilities, test facilities or railroad
facilities.
(d) "Industrial park conservation area" means an area
within the boundaries of a redevelopment project area located
within the territorial limits of a municipality that is a
labor surplus municipality or within 1 1/2 miles of the
territorial limits of a municipality that is a labor surplus
municipality if the area is annexed to the municipality; which
area is zoned as industrial no later than at the time the

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municipality by ordinance designates the redevelopment project
area, and which area includes both vacant land suitable for
use as an industrial park and a blighted area or conservation
area contiguous to such vacant land.
(e) "Labor surplus municipality" means a municipality in
which, at any time during the 6 months before the municipality
by ordinance designates an industrial park conservation area,
the unemployment rate was over 6% and was also 100% or more of
the national average unemployment rate for that same time as
published in the United States Department of Labor Bureau of
Labor Statistics publication entitled "The Employment
Situation" or its successor publication. For the purpose of
this subsection, if unemployment rate statistics for the
municipality are not available, the unemployment rate in the
municipality shall be deemed to be the same as the
unemployment rate in the principal county in which the
municipality is located.
(f) "Municipality" shall mean a city, village,
incorporated town, or a township that is located in the
unincorporated portion of a county with 3 million or more
inhabitants, if the county adopted an ordinance that approved
the township's redevelopment plan.
(g) "Initial Sales Tax Amounts" means the amount of taxes
paid under the Retailers' Occupation Tax Act, Use Tax Act,
Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal

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Service Occupation Tax Act by retailers and servicemen on
transactions at places located in a State Sales Tax Boundary
during the calendar year 1985.
(g-1) "Revised Initial Sales Tax Amounts" means the amount
of taxes paid under the Retailers' Occupation Tax Act, Use Tax
Act, Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal
Service Occupation Tax Act by retailers and servicemen on
transactions at places located within the State Sales Tax
Boundary revised pursuant to Section 11-74.4-8a(9) of this
Act.
(h) "Municipal Sales Tax Increment" means an amount equal
to the increase in the aggregate amount of taxes paid to a
municipality from the Local Government Tax Fund arising from
sales by retailers and servicemen within the redevelopment
project area or State Sales Tax Boundary, as the case may be,
for as long as the redevelopment project area or State Sales
Tax Boundary, as the case may be, exist over and above the
aggregate amount of taxes as certified by the Illinois
Department of Revenue and paid under the Municipal Retailers'
Occupation Tax Act and the Municipal Service Occupation Tax
Act by retailers and servicemen, on transactions at places of
business located in the redevelopment project area or State
Sales Tax Boundary, as the case may be, during the base year
which shall be the calendar year immediately prior to the year
in which the municipality adopted tax increment allocation

SB3936 - 459 - LRB103 40367 AWJ 72644 b
financing. For purposes of computing the aggregate amount of
such taxes for base years occurring prior to 1985, the
Department of Revenue shall determine the Initial Sales Tax
Amounts for such taxes and deduct therefrom an amount equal to
4% of the aggregate amount of taxes per year for each year the
base year is prior to 1985, but not to exceed a total deduction
of 12%. The amount so determined shall be known as the
"Adjusted Initial Sales Tax Amounts". For purposes of
determining the Municipal Sales Tax Increment, the Department
of Revenue shall for each period subtract from the amount paid
to the municipality from the Local Government Tax Fund arising
from sales by retailers and servicemen on transactions located
in the redevelopment project area or the State Sales Tax
Boundary, as the case may be, the certified Initial Sales Tax
Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts for the Municipal Retailers'
Occupation Tax Act and the Municipal Service Occupation Tax
Act. For the State Fiscal Year 1989, this calculation shall be
made by utilizing the calendar year 1987 to determine the tax
amounts received. For the State Fiscal Year 1990, this
calculation shall be made by utilizing the period from January
1, 1988, until September 30, 1988, to determine the tax
amounts received from retailers and servicemen pursuant to the
Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act, which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts, the

SB3936 - 460 - LRB103 40367 AWJ 72644 b
Adjusted Initial Sales Tax Amounts or the Revised Initial
Sales Tax Amounts as appropriate. For the State Fiscal Year
1991, this calculation shall be made by utilizing the period
from October 1, 1988, to June 30, 1989, to determine the tax
amounts received from retailers and servicemen pursuant to the
Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts,
Adjusted Initial Sales Tax Amounts or the Revised Initial
Sales Tax Amounts as appropriate. For every State Fiscal Year
thereafter, the applicable period shall be the 12 months
beginning July 1 and ending June 30 to determine the tax
amounts received which shall have deducted therefrom the
certified Initial Sales Tax Amounts, the Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
the case may be.
(i) "Net State Sales Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Sales Tax
Increment annually generated within a State Sales Tax
Boundary; (b) 60% of the amount in excess of $100,000 but not
exceeding $500,000 of State Sales Tax Increment annually
generated within a State Sales Tax Boundary; and (c) 40% of all
amounts in excess of $500,000 of State Sales Tax Increment
annually generated within a State Sales Tax Boundary. If,
however, a municipality established a tax increment financing
district in a county with a population in excess of 3,000,000

SB3936 - 461 - LRB103 40367 AWJ 72644 b
before January 1, 1986, and the municipality entered into a
contract or issued bonds after January 1, 1986, but before
December 31, 1986, to finance redevelopment project costs
within a State Sales Tax Boundary, then the Net State Sales Tax
Increment means, for the fiscal years beginning July 1, 1990,
and July 1, 1991, 100% of the State Sales Tax Increment
annually generated within a State Sales Tax Boundary; and
notwithstanding any other provision of this Act, for those
fiscal years the Department of Revenue shall distribute to
those municipalities 100% of their Net State Sales Tax
Increment before any distribution to any other municipality
and regardless of whether or not those other municipalities
will receive 100% of their Net State Sales Tax Increment. For
Fiscal Year 1999, and every year thereafter until the year
2007, for any municipality that has not entered into a
contract or has not issued bonds prior to June 1, 1988 to
finance redevelopment project costs within a State Sales Tax
Boundary, the Net State Sales Tax Increment shall be
calculated as follows: By multiplying the Net State Sales Tax
Increment by 90% in the State Fiscal Year 1999; 80% in the
State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
in the State Fiscal Year 2002; 50% in the State Fiscal Year
2003; 40% in the State Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No payment shall be made for State
Fiscal Year 2008 and thereafter.

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Municipalities that issued bonds in connection with a
redevelopment project in a redevelopment project area within
the State Sales Tax Boundary prior to July 29, 1991, or that
entered into contracts in connection with a redevelopment
project in a redevelopment project area before June 1, 1988,
shall continue to receive their proportional share of the
Illinois Tax Increment Fund distribution until the date on
which the redevelopment project is completed or terminated.
If, however, a municipality that issued bonds in connection
with a redevelopment project in a redevelopment project area
within the State Sales Tax Boundary prior to July 29, 1991
retires the bonds prior to June 30, 2007 or a municipality that
entered into contracts in connection with a redevelopment
project in a redevelopment project area before June 1, 1988
completes the contracts prior to June 30, 2007, then so long as
the redevelopment project is not completed or is not
terminated, the Net State Sales Tax Increment shall be
calculated, beginning on the date on which the bonds are
retired or the contracts are completed, as follows: By
multiplying the Net State Sales Tax Increment by 60% in the
State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% in the State Fiscal Year
2005; 20% in the State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. No payment shall be made for State Fiscal
Year 2008 and thereafter. Refunding of any bonds issued prior
to July 29, 1991, shall not alter the Net State Sales Tax

SB3936 - 463 - LRB103 40367 AWJ 72644 b
Increment.
(j) "State Utility Tax Increment Amount" means an amount
equal to the aggregate increase in State electric and gas tax
charges imposed on owners and tenants, other than residential
customers, of properties located within the redevelopment
project area under Section 9-222 of the Public Utilities Act,
over and above the aggregate of such charges as certified by
the Department of Revenue and paid by owners and tenants,
other than residential customers, of properties within the
redevelopment project area during the base year, which shall
be the calendar year immediately prior to the year of the
adoption of the ordinance authorizing tax increment allocation
financing.
(k) "Net State Utility Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Utility Tax
Increment annually generated by a redevelopment project area;
(b) 60% of the amount in excess of $100,000 but not exceeding
$500,000 of the State Utility Tax Increment annually generated
by a redevelopment project area; and (c) 40% of all amounts in
excess of $500,000 of State Utility Tax Increment annually
generated by a redevelopment project area. For the State
Fiscal Year 1999, and every year thereafter until the year
2007, for any municipality that has not entered into a
contract or has not issued bonds prior to June 1, 1988 to
finance redevelopment project costs within a redevelopment
project area, the Net State Utility Tax Increment shall be

SB3936 - 464 - LRB103 40367 AWJ 72644 b
calculated as follows: By multiplying the Net State Utility
Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
in the State Fiscal Year 2002; 50% in the State Fiscal Year
2003; 40% in the State Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No payment shall be made for the
State Fiscal Year 2008 and thereafter.
Municipalities that issue bonds in connection with the
redevelopment project during the period from June 1, 1988
until 3 years after the effective date of this Amendatory Act
of 1988 shall receive the Net State Utility Tax Increment,
subject to appropriation, for 15 State Fiscal Years after the
issuance of such bonds. For the 16th through the 20th State
Fiscal Years after issuance of the bonds, the Net State
Utility Tax Increment shall be calculated as follows: By
multiplying the Net State Utility Tax Increment by 90% in year
16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
year 20. Refunding of any bonds issued prior to June 1, 1988,
shall not alter the revised Net State Utility Tax Increment
payments set forth above.
(l) "Obligations" mean bonds, loans, debentures, notes,
special certificates or other evidence of indebtedness issued
by the municipality to carry out a redevelopment project or to
refund outstanding obligations.
(m) "Payment in lieu of taxes" means those estimated tax

SB3936 - 465 - LRB103 40367 AWJ 72644 b
revenues from real property in a redevelopment project area
derived from real property that has been acquired by a
municipality which according to the redevelopment project or
plan is to be used for a private use which taxing districts
would have received had a municipality not acquired the real
property and adopted tax increment allocation financing and
which would result from levies made after the time of the
adoption of tax increment allocation financing to the time the
current equalized value of real property in the redevelopment
project area exceeds the total initial equalized value of real
property in said area.
(n) "Redevelopment plan" means the comprehensive program
of the municipality for development or redevelopment intended
by the payment of redevelopment project costs to reduce or
eliminate those conditions the existence of which qualified
the redevelopment project area as a "blighted area" or
"conservation area" or combination thereof or "industrial park
conservation area," and thereby to enhance the tax bases of
the taxing districts which extend into the redevelopment
project area, provided that, with respect to redevelopment
project areas described in subsections (p-1) and (p-2),
"redevelopment plan" means the comprehensive program of the
affected municipality for the development of qualifying
transit facilities. On and after November 1, 1999 (the
effective date of Public Act 91-478), no redevelopment plan
may be approved or amended that includes the development of

SB3936 - 466 - LRB103 40367 AWJ 72644 b
vacant land (i) with a golf course and related clubhouse and
other facilities or (ii) designated by federal, State, county,
or municipal government as public land for outdoor
recreational activities or for nature preserves and used for
that purpose within 5 years prior to the adoption of the
redevelopment plan. For the purpose of this subsection,
"recreational activities" is limited to mean camping and
hunting. Each redevelopment plan shall set forth in writing
the program to be undertaken to accomplish the objectives and
shall include but not be limited to:
(A) an itemized list of estimated redevelopment
project costs;
(B) evidence indicating that the redevelopment project
area on the whole has not been subject to growth and
development through investment by private enterprise,
provided that such evidence shall not be required for any
redevelopment project area located within a transit
facility improvement area established pursuant to Section
11-74.4-3.3;
(C) an assessment of any financial impact of the
redevelopment project area on or any increased demand for
services from any taxing district affected by the plan and
any program to address such financial impact or increased
demand;
(D) the sources of funds to pay costs;
(E) the nature and term of the obligations to be

SB3936 - 467 - LRB103 40367 AWJ 72644 b
issued;
(F) the most recent equalized assessed valuation of
the redevelopment project area;
(G) an estimate as to the equalized assessed valuation
after redevelopment and the general land uses to apply in
the redevelopment project area;
(H) a commitment to fair employment practices and an
affirmative action plan;
(I) if it concerns an industrial park conservation
area, the plan shall also include a general description of
any proposed developer, user and tenant of any property, a
description of the type, structure and general character
of the facilities to be developed, a description of the
type, class and number of new employees to be employed in
the operation of the facilities to be developed; and
(J) if property is to be annexed to the municipality,
the plan shall include the terms of the annexation
agreement.
The provisions of items (B) and (C) of this subsection (n)
shall not apply to a municipality that before March 14, 1994
(the effective date of Public Act 88-537) had fixed, either by
its corporate authorities or by a commission designated under
subsection (k) of Section 11-74.4-4, a time and place for a
public hearing as required by subsection (a) of Section
11-74.4-5. No redevelopment plan shall be adopted unless a
municipality complies with all of the following requirements:

SB3936 - 468 - LRB103 40367 AWJ 72644 b
(1) The municipality finds that the redevelopment
project area on the whole has not been subject to growth
and development through investment by private enterprise
and would not reasonably be anticipated to be developed
without the adoption of the redevelopment plan, provided,
however, that such a finding shall not be required with
respect to any redevelopment project area located within a
transit facility improvement area established pursuant to
Section 11-74.4-3.3.
(2) The municipality finds that the redevelopment plan
and project conform to the comprehensive plan for the
development of the municipality as a whole, or, for
municipalities with a population of 100,000 or more,
regardless of when the redevelopment plan and project was
adopted, the redevelopment plan and project either: (i)
conforms to the strategic economic development or
redevelopment plan issued by the designated planning
authority of the municipality, or (ii) includes land uses
that have been approved by the planning commission of the
municipality.
(3) The redevelopment plan establishes the estimated
dates of completion of the redevelopment project and
retirement of obligations issued to finance redevelopment
project costs. Those dates may not be later than the dates
set forth under Section 11-74.4-3.5.
A municipality may by municipal ordinance amend an

SB3936 - 469 - LRB103 40367 AWJ 72644 b
existing redevelopment plan to conform to this paragraph
(3) as amended by Public Act 91-478, which municipal
ordinance may be adopted without further hearing or notice
and without complying with the procedures provided in this
Act pertaining to an amendment to or the initial approval
of a redevelopment plan and project and designation of a
redevelopment project area.
(3.5) The municipality finds, in the case of an
industrial park conservation area, also that the
municipality is a labor surplus municipality and that the
implementation of the redevelopment plan will reduce
unemployment, create new jobs and by the provision of new
facilities enhance the tax base of the taxing districts
that extend into the redevelopment project area.
(4) If any incremental revenues are being utilized
under Section 8(a)(1) or 8(a)(2) of this Act in
redevelopment project areas approved by ordinance after
January 1, 1986, the municipality finds: (a) that the
redevelopment project area would not reasonably be
developed without the use of such incremental revenues,
and (b) that such incremental revenues will be exclusively
utilized for the development of the redevelopment project
area.
(5) If: (a) the redevelopment plan will not result in
displacement of residents from 10 or more inhabited
residential units, and the municipality certifies in the

SB3936 - 470 - LRB103 40367 AWJ 72644 b
plan that such displacement will not result from the plan;
or (b) the redevelopment plan is for a redevelopment
project area or a qualifying transit facility located
within a transit facility improvement area established
pursuant to Section 11-74.4-3.3, and the applicable
project is subject to the process for evaluation of
environmental effects under the National Environmental
Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
impact study need not be performed. If, however, the
redevelopment plan would result in the displacement of
residents from 10 or more inhabited residential units, or
if the redevelopment project area contains 75 or more
inhabited residential units and no certification is made,
then the municipality shall prepare, as part of the
separate feasibility report required by subsection (a) of
Section 11-74.4-5, a housing impact study.
Part I of the housing impact study shall include (i)
data as to whether the residential units are single family
or multi-family units, (ii) the number and type of rooms
within the units, if that information is available, (iii)
whether the units are inhabited or uninhabited, as
determined not less than 45 days before the date that the
ordinance or resolution required by subsection (a) of
Section 11-74.4-5 is passed, and (iv) data as to the
racial and ethnic composition of the residents in the
inhabited residential units. The data requirement as to

SB3936 - 471 - LRB103 40367 AWJ 72644 b
the racial and ethnic composition of the residents in the
inhabited residential units shall be deemed to be fully
satisfied by data from the most recent federal census.
Part II of the housing impact study shall identify the
inhabited residential units in the proposed redevelopment
project area that are to be or may be removed. If inhabited
residential units are to be removed, then the housing
impact study shall identify (i) the number and location of
those units that will or may be removed, (ii) the
municipality's plans for relocation assistance for those
residents in the proposed redevelopment project area whose
residences are to be removed, (iii) the availability of
replacement housing for those residents whose residences
are to be removed, and shall identify the type, location,
and cost of the housing, and (iv) the type and extent of
relocation assistance to be provided.
(6) On and after November 1, 1999, the housing impact
study required by paragraph (5) shall be incorporated in
the redevelopment plan for the redevelopment project area.
(7) On and after November 1, 1999, no redevelopment
plan shall be adopted, nor an existing plan amended, nor
shall residential housing that is occupied by households
of low-income and very low-income persons in currently
existing redevelopment project areas be removed after
November 1, 1999 unless the redevelopment plan provides,
with respect to inhabited housing units that are to be

SB3936 - 472 - LRB103 40367 AWJ 72644 b
removed for households of low-income and very low-income
persons, affordable housing and relocation assistance not
less than that which would be provided under the federal
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and the regulations under
that Act, including the eligibility criteria. Affordable
housing may be either existing or newly constructed
housing. For purposes of this paragraph (7), "low-income
households", "very low-income households", and "affordable
housing" have the meanings set forth in the Illinois
Affordable Housing Act. The municipality shall make a good
faith effort to ensure that this affordable housing is
located in or near the redevelopment project area within
the municipality.
(8) On and after November 1, 1999, if, after the
adoption of the redevelopment plan for the redevelopment
project area, any municipality desires to amend its
redevelopment plan to remove more inhabited residential
units than specified in its original redevelopment plan,
that change shall be made in accordance with the
procedures in subsection (c) of Section 11-74.4-5.
(9) For redevelopment project areas designated prior
to November 1, 1999, the redevelopment plan may be amended
without further joint review board meeting or hearing,
provided that the municipality shall give notice of any
such changes by mail to each affected taxing district and

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registrant on the interested party registry, to authorize
the municipality to expend tax increment revenues for
redevelopment project costs defined by paragraphs (5) and
(7.5), subparagraphs (E) and (F) of paragraph (11), and
paragraph (11.5) of subsection (q) of Section 11-74.4-3,
so long as the changes do not increase the total estimated
redevelopment project costs set out in the redevelopment
plan by more than 5% after adjustment for inflation from
the date the plan was adopted.
(o) "Redevelopment project" means any public and private
development project in furtherance of the objectives of a
redevelopment plan. On and after November 1, 1999 (the
effective date of Public Act 91-478), no redevelopment plan
may be approved or amended that includes the development of
vacant land (i) with a golf course and related clubhouse and
other facilities or (ii) designated by federal, State, county,
or municipal government as public land for outdoor
recreational activities or for nature preserves and used for
that purpose within 5 years prior to the adoption of the
redevelopment plan. For the purpose of this subsection,
"recreational activities" is limited to mean camping and
hunting.
(p) "Redevelopment project area" means an area designated
by the municipality, which is not less in the aggregate than 1
1/2 acres and in respect to which the municipality has made a
finding that there exist conditions which cause the area to be

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classified as an industrial park conservation area or a
blighted area or a conservation area, or a combination of both
blighted areas and conservation areas.
(p-1) Notwithstanding any provision of this Act to the
contrary, on and after August 25, 2009 (the effective date of
Public Act 96-680), a redevelopment project area may include
areas within a one-half mile radius of an existing or proposed
Metropolitan Mobility Regional Transportation Authority
Suburban Transit Access Route (STAR Line) station without a
finding that the area is classified as an industrial park
conservation area, a blighted area, a conservation area, or a
combination thereof, but only if the municipality receives
unanimous consent from the joint review board created to
review the proposed redevelopment project area.
(p-2) Notwithstanding any provision of this Act to the
contrary, on and after the effective date of this amendatory
Act of the 99th General Assembly, a redevelopment project area
may include areas within a transit facility improvement area
that has been established pursuant to Section 11-74.4-3.3
without a finding that the area is classified as an industrial
park conservation area, a blighted area, a conservation area,
or any combination thereof.
(q) "Redevelopment project costs", except for
redevelopment project areas created pursuant to subsection
(p-1) or (p-2), means and includes the sum total of all
reasonable or necessary costs incurred or estimated to be

SB3936 - 475 - LRB103 40367 AWJ 72644 b
incurred, and any such costs incidental to a redevelopment
plan and a redevelopment project. Such costs include, without
limitation, the following:
(1) Costs of studies, surveys, development of plans,
and specifications, implementation and administration of
the redevelopment plan including but not limited to staff
and professional service costs for architectural,
engineering, legal, financial, planning or other services,
provided however that no charges for professional services
may be based on a percentage of the tax increment
collected; except that on and after November 1, 1999 (the
effective date of Public Act 91-478), no contracts for
professional services, excluding architectural and
engineering services, may be entered into if the terms of
the contract extend beyond a period of 3 years. In
addition, "redevelopment project costs" shall not include
lobbying expenses. After consultation with the
municipality, each tax increment consultant or advisor to
a municipality that plans to designate or has designated a
redevelopment project area shall inform the municipality
in writing of any contracts that the consultant or advisor
has entered into with entities or individuals that have
received, or are receiving, payments financed by tax
increment revenues produced by the redevelopment project
area with respect to which the consultant or advisor has
performed, or will be performing, service for the

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municipality. This requirement shall be satisfied by the
consultant or advisor before the commencement of services
for the municipality and thereafter whenever any other
contracts with those individuals or entities are executed
by the consultant or advisor;
(1.5) After July 1, 1999, annual administrative costs
shall not include general overhead or administrative costs
of the municipality that would still have been incurred by
the municipality if the municipality had not designated a
redevelopment project area or approved a redevelopment
plan;
(1.6) The cost of marketing sites within the
redevelopment project area to prospective businesses,
developers, and investors;
(2) Property assembly costs, including but not limited
to acquisition of land and other property, real or
personal, or rights or interests therein, demolition of
buildings, site preparation, site improvements that serve
as an engineered barrier addressing ground level or below
ground environmental contamination, including, but not
limited to parking lots and other concrete or asphalt
barriers, and the clearing and grading of land;
(3) Costs of rehabilitation, reconstruction or repair
or remodeling of existing public or private buildings,
fixtures, and leasehold improvements; and the cost of
replacing an existing public building if pursuant to the

SB3936 - 477 - LRB103 40367 AWJ 72644 b
implementation of a redevelopment project the existing
public building is to be demolished to use the site for
private investment or devoted to a different use requiring
private investment; including any direct or indirect costs
relating to Green Globes or LEED certified construction
elements or construction elements with an equivalent
certification;
(4) Costs of the construction of public works or
improvements, including any direct or indirect costs
relating to Green Globes or LEED certified construction
elements or construction elements with an equivalent
certification, except that on and after November 1, 1999,
redevelopment project costs shall not include the cost of
constructing a new municipal public building principally
used to provide offices, storage space, or conference
facilities or vehicle storage, maintenance, or repair for
administrative, public safety, or public works personnel
and that is not intended to replace an existing public
building as provided under paragraph (3) of subsection (q)
of Section 11-74.4-3 unless either (i) the construction of
the new municipal building implements a redevelopment
project that was included in a redevelopment plan that was
adopted by the municipality prior to November 1, 1999,
(ii) the municipality makes a reasonable determination in
the redevelopment plan, supported by information that
provides the basis for that determination, that the new

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municipal building is required to meet an increase in the
need for public safety purposes anticipated to result from
the implementation of the redevelopment plan, or (iii) the
new municipal public building is for the storage,
maintenance, or repair of transit vehicles and is located
in a transit facility improvement area that has been
established pursuant to Section 11-74.4-3.3;
(5) Costs of job training and retraining projects,
including the cost of "welfare to work" programs
implemented by businesses located within the redevelopment
project area;
(6) Financing costs, including but not limited to all
necessary and incidental expenses related to the issuance
of obligations and which may include payment of interest
on any obligations issued hereunder including interest
accruing during the estimated period of construction of
any redevelopment project for which such obligations are
issued and for not exceeding 36 months thereafter and
including reasonable reserves related thereto;
(7) To the extent the municipality by written
agreement accepts and approves the same, all or a portion
of a taxing district's capital costs resulting from the
redevelopment project necessarily incurred or to be
incurred within a taxing district in furtherance of the
objectives of the redevelopment plan and project;
(7.5) For redevelopment project areas designated (or

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redevelopment project areas amended to add or increase the
number of tax-increment-financing assisted housing units)
on or after November 1, 1999, an elementary, secondary, or
unit school district's increased costs attributable to
assisted housing units located within the redevelopment
project area for which the developer or redeveloper
receives financial assistance through an agreement with
the municipality or because the municipality incurs the
cost of necessary infrastructure improvements within the
boundaries of the assisted housing sites necessary for the
completion of that housing as authorized by this Act, and
which costs shall be paid by the municipality from the
Special Tax Allocation Fund when the tax increment revenue
is received as a result of the assisted housing units and
shall be calculated annually as follows:
(A) for foundation districts, excluding any school
district in a municipality with a population in excess
of 1,000,000, by multiplying the district's increase
in attendance resulting from the net increase in new
students enrolled in that school district who reside
in housing units within the redevelopment project area
that have received financial assistance through an
agreement with the municipality or because the
municipality incurs the cost of necessary
infrastructure improvements within the boundaries of
the housing sites necessary for the completion of that

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housing as authorized by this Act since the
designation of the redevelopment project area by the
most recently available per capita tuition cost as
defined in Section 10-20.12a of the School Code less
any increase in general State aid as defined in
Section 18-8.05 of the School Code or evidence-based
funding as defined in Section 18-8.15 of the School
Code attributable to these added new students subject
to the following annual limitations:
(i) for unit school districts with a district
average 1995-96 Per Capita Tuition Charge of less
than $5,900, no more than 25% of the total amount
of property tax increment revenue produced by
those housing units that have received tax
increment finance assistance under this Act;
(ii) for elementary school districts with a
district average 1995-96 Per Capita Tuition Charge
of less than $5,900, no more than 17% of the total
amount of property tax increment revenue produced
by those housing units that have received tax
increment finance assistance under this Act; and
(iii) for secondary school districts with a
district average 1995-96 Per Capita Tuition Charge
of less than $5,900, no more than 8% of the total
amount of property tax increment revenue produced
by those housing units that have received tax

SB3936 - 481 - LRB103 40367 AWJ 72644 b
increment finance assistance under this Act.
(B) For alternate method districts, flat grant
districts, and foundation districts with a district
average 1995-96 Per Capita Tuition Charge equal to or
more than $5,900, excluding any school district with a
population in excess of 1,000,000, by multiplying the
district's increase in attendance resulting from the
net increase in new students enrolled in that school
district who reside in housing units within the
redevelopment project area that have received
financial assistance through an agreement with the
municipality or because the municipality incurs the
cost of necessary infrastructure improvements within
the boundaries of the housing sites necessary for the
completion of that housing as authorized by this Act
since the designation of the redevelopment project
area by the most recently available per capita tuition
cost as defined in Section 10-20.12a of the School
Code less any increase in general state aid as defined
in Section 18-8.05 of the School Code or
evidence-based funding as defined in Section 18-8.15
of the School Code attributable to these added new
students subject to the following annual limitations:
(i) for unit school districts, no more than
40% of the total amount of property tax increment
revenue produced by those housing units that have

SB3936 - 482 - LRB103 40367 AWJ 72644 b
received tax increment finance assistance under
this Act;
(ii) for elementary school districts, no more
than 27% of the total amount of property tax
increment revenue produced by those housing units
that have received tax increment finance
assistance under this Act; and
(iii) for secondary school districts, no more
than 13% of the total amount of property tax
increment revenue produced by those housing units
that have received tax increment finance
assistance under this Act.
(C) For any school district in a municipality with
a population in excess of 1,000,000, the following
restrictions shall apply to the reimbursement of
increased costs under this paragraph (7.5):
(i) no increased costs shall be reimbursed
unless the school district certifies that each of
the schools affected by the assisted housing
project is at or over its student capacity;
(ii) the amount reimbursable shall be reduced
by the value of any land donated to the school
district by the municipality or developer, and by
the value of any physical improvements made to the
schools by the municipality or developer; and
(iii) the amount reimbursed may not affect

SB3936 - 483 - LRB103 40367 AWJ 72644 b
amounts otherwise obligated by the terms of any
bonds, notes, or other funding instruments, or the
terms of any redevelopment agreement.
Any school district seeking payment under this
paragraph (7.5) shall, after July 1 and before
September 30 of each year, provide the municipality
with reasonable evidence to support its claim for
reimbursement before the municipality shall be
required to approve or make the payment to the school
district. If the school district fails to provide the
information during this period in any year, it shall
forfeit any claim to reimbursement for that year.
School districts may adopt a resolution waiving the
right to all or a portion of the reimbursement
otherwise required by this paragraph (7.5). By
acceptance of this reimbursement the school district
waives the right to directly or indirectly set aside,
modify, or contest in any manner the establishment of
the redevelopment project area or projects;
(7.7) For redevelopment project areas designated (or
redevelopment project areas amended to add or increase the
number of tax-increment-financing assisted housing units)
on or after January 1, 2005 (the effective date of Public
Act 93-961), a public library district's increased costs
attributable to assisted housing units located within the
redevelopment project area for which the developer or

SB3936 - 484 - LRB103 40367 AWJ 72644 b
redeveloper receives financial assistance through an
agreement with the municipality or because the
municipality incurs the cost of necessary infrastructure
improvements within the boundaries of the assisted housing
sites necessary for the completion of that housing as
authorized by this Act shall be paid to the library
district by the municipality from the Special Tax
Allocation Fund when the tax increment revenue is received
as a result of the assisted housing units. This paragraph
(7.7) applies only if (i) the library district is located
in a county that is subject to the Property Tax Extension
Limitation Law or (ii) the library district is not located
in a county that is subject to the Property Tax Extension
Limitation Law but the district is prohibited by any other
law from increasing its tax levy rate without a prior
voter referendum.
The amount paid to a library district under this
paragraph (7.7) shall be calculated by multiplying (i) the
net increase in the number of persons eligible to obtain a
library card in that district who reside in housing units
within the redevelopment project area that have received
financial assistance through an agreement with the
municipality or because the municipality incurs the cost
of necessary infrastructure improvements within the
boundaries of the housing sites necessary for the
completion of that housing as authorized by this Act since

SB3936 - 485 - LRB103 40367 AWJ 72644 b
the designation of the redevelopment project area by (ii)
the per-patron cost of providing library services so long
as it does not exceed $120. The per-patron cost shall be
the Total Operating Expenditures Per Capita for the
library in the previous fiscal year. The municipality may
deduct from the amount that it must pay to a library
district under this paragraph any amount that it has
voluntarily paid to the library district from the tax
increment revenue. The amount paid to a library district
under this paragraph (7.7) shall be no more than 2% of the
amount produced by the assisted housing units and
deposited into the Special Tax Allocation Fund.
A library district is not eligible for any payment
under this paragraph (7.7) unless the library district has
experienced an increase in the number of patrons from the
municipality that created the tax-increment-financing
district since the designation of the redevelopment
project area.
Any library district seeking payment under this
paragraph (7.7) shall, after July 1 and before September
30 of each year, provide the municipality with convincing
evidence to support its claim for reimbursement before the
municipality shall be required to approve or make the
payment to the library district. If the library district
fails to provide the information during this period in any
year, it shall forfeit any claim to reimbursement for that

SB3936 - 486 - LRB103 40367 AWJ 72644 b
year. Library districts may adopt a resolution waiving the
right to all or a portion of the reimbursement otherwise
required by this paragraph (7.7). By acceptance of such
reimbursement, the library district shall forfeit any
right to directly or indirectly set aside, modify, or
contest in any manner whatsoever the establishment of the
redevelopment project area or projects;
(8) Relocation costs to the extent that a municipality
determines that relocation costs shall be paid or is
required to make payment of relocation costs by federal or
State law or in order to satisfy subparagraph (7) of
subsection (n);
(9) Payment in lieu of taxes;
(10) Costs of job training, retraining, advanced
vocational education or career education, including but
not limited to courses in occupational, semi-technical or
technical fields leading directly to employment, incurred
by one or more taxing districts, provided that such costs
(i) are related to the establishment and maintenance of
additional job training, advanced vocational education or
career education programs for persons employed or to be
employed by employers located in a redevelopment project
area; and (ii) when incurred by a taxing district or
taxing districts other than the municipality, are set
forth in a written agreement by or among the municipality
and the taxing district or taxing districts, which

SB3936 - 487 - LRB103 40367 AWJ 72644 b
agreement describes the program to be undertaken,
including but not limited to the number of employees to be
trained, a description of the training and services to be
provided, the number and type of positions available or to
be available, itemized costs of the program and sources of
funds to pay for the same, and the term of the agreement.
Such costs include, specifically, the payment by community
college districts of costs pursuant to Sections 3-37,
3-38, 3-40 and 3-40.1 of the Public Community College Act
and by school districts of costs pursuant to Sections
10-22.20a and 10-23.3a of the School Code;
(11) Interest cost incurred by a redeveloper related
to the construction, renovation or rehabilitation of a
redevelopment project provided that:
(A) such costs are to be paid directly from the
special tax allocation fund established pursuant to
this Act;
(B) such payments in any one year may not exceed
30% of the annual interest costs incurred by the
redeveloper with regard to the redevelopment project
during that year;
(C) if there are not sufficient funds available in
the special tax allocation fund to make the payment
pursuant to this paragraph (11) then the amounts so
due shall accrue and be payable when sufficient funds
are available in the special tax allocation fund;

SB3936 - 488 - LRB103 40367 AWJ 72644 b
(D) the total of such interest payments paid
pursuant to this Act may not exceed 30% of the total
(i) cost paid or incurred by the redeveloper for the
redevelopment project plus (ii) redevelopment project
costs excluding any property assembly costs and any
relocation costs incurred by a municipality pursuant
to this Act;
(E) the cost limits set forth in subparagraphs (B)
and (D) of paragraph (11) shall be modified for the
financing of rehabilitated or new housing units for
low-income households and very low-income households,
as defined in Section 3 of the Illinois Affordable
Housing Act. The percentage of 75% shall be
substituted for 30% in subparagraphs (B) and (D) of
paragraph (11); and
(F) instead of the eligible costs provided by
subparagraphs (B) and (D) of paragraph (11), as
modified by this subparagraph, and notwithstanding any
other provisions of this Act to the contrary, the
municipality may pay from tax increment revenues up to
50% of the cost of construction of new housing units to
be occupied by low-income households and very
low-income households as defined in Section 3 of the
Illinois Affordable Housing Act. The cost of
construction of those units may be derived from the
proceeds of bonds issued by the municipality under

SB3936 - 489 - LRB103 40367 AWJ 72644 b
this Act or other constitutional or statutory
authority or from other sources of municipal revenue
that may be reimbursed from tax increment revenues or
the proceeds of bonds issued to finance the
construction of that housing.
The eligible costs provided under this
subparagraph (F) of paragraph (11) shall be an
eligible cost for the construction, renovation, and
rehabilitation of all low and very low-income housing
units, as defined in Section 3 of the Illinois
Affordable Housing Act, within the redevelopment
project area. If the low and very low-income units are
part of a residential redevelopment project that
includes units not affordable to low and very
low-income households, only the low and very
low-income units shall be eligible for benefits under
this subparagraph (F) of paragraph (11). The standards
for maintaining the occupancy by low-income households
and very low-income households, as defined in Section
3 of the Illinois Affordable Housing Act, of those
units constructed with eligible costs made available
under the provisions of this subparagraph (F) of
paragraph (11) shall be established by guidelines
adopted by the municipality. The responsibility for
annually documenting the initial occupancy of the
units by low-income households and very low-income

SB3936 - 490 - LRB103 40367 AWJ 72644 b
households, as defined in Section 3 of the Illinois
Affordable Housing Act, shall be that of the then
current owner of the property. For ownership units,
the guidelines will provide, at a minimum, for a
reasonable recapture of funds, or other appropriate
methods designed to preserve the original
affordability of the ownership units. For rental
units, the guidelines will provide, at a minimum, for
the affordability of rent to low and very low-income
households. As units become available, they shall be
rented to income-eligible tenants. The municipality
may modify these guidelines from time to time; the
guidelines, however, shall be in effect for as long as
tax increment revenue is being used to pay for costs
associated with the units or for the retirement of
bonds issued to finance the units or for the life of
the redevelopment project area, whichever is later;
(11.5) If the redevelopment project area is located
within a municipality with a population of more than
100,000, the cost of day care services for children of
employees from low-income families working for businesses
located within the redevelopment project area and all or a
portion of the cost of operation of day care centers
established by redevelopment project area businesses to
serve employees from low-income families working in
businesses located in the redevelopment project area. For

SB3936 - 491 - LRB103 40367 AWJ 72644 b
the purposes of this paragraph, "low-income families"
means families whose annual income does not exceed 80% of
the municipal, county, or regional median income, adjusted
for family size, as the annual income and municipal,
county, or regional median income are determined from time
to time by the United States Department of Housing and
Urban Development.
(12) Costs relating to the development of urban
agricultural areas under Division 15.2 of the Illinois
Municipal Code.
Unless explicitly stated herein the cost of construction
of new privately-owned buildings shall not be an eligible
redevelopment project cost.
After November 1, 1999 (the effective date of Public Act
91-478), none of the redevelopment project costs enumerated in
this subsection shall be eligible redevelopment project costs
if those costs would provide direct financial support to a
retail entity initiating operations in the redevelopment
project area while terminating operations at another Illinois
location within 10 miles of the redevelopment project area but
outside the boundaries of the redevelopment project area
municipality. For purposes of this paragraph, termination
means a closing of a retail operation that is directly related
to the opening of the same operation or like retail entity
owned or operated by more than 50% of the original ownership in
a redevelopment project area, but it does not mean closing an

SB3936 - 492 - LRB103 40367 AWJ 72644 b
operation for reasons beyond the control of the retail entity,
as documented by the retail entity, subject to a reasonable
finding by the municipality that the current location
contained inadequate space, had become economically obsolete,
or was no longer a viable location for the retailer or
serviceman.
No cost shall be a redevelopment project cost in a
redevelopment project area if used to demolish, remove, or
substantially modify a historic resource, after August 26,
2008 (the effective date of Public Act 95-934), unless no
prudent and feasible alternative exists. "Historic resource"
for the purpose of this paragraph means (i) a place or
structure that is included or eligible for inclusion on the
National Register of Historic Places or (ii) a contributing
structure in a district on the National Register of Historic
Places. This paragraph does not apply to a place or structure
for which demolition, removal, or modification is subject to
review by the preservation agency of a Certified Local
Government designated as such by the National Park Service of
the United States Department of the Interior.
If a special service area has been established pursuant to
the Special Service Area Tax Act or Special Service Area Tax
Law, then any tax increment revenues derived from the tax
imposed pursuant to the Special Service Area Tax Act or
Special Service Area Tax Law may be used within the
redevelopment project area for the purposes permitted by that

SB3936 - 493 - LRB103 40367 AWJ 72644 b
Act or Law as well as the purposes permitted by this Act.
(q-1) For redevelopment project areas created pursuant to
subsection (p-1), redevelopment project costs are limited to
those costs in paragraph (q) that are related to the existing
or proposed Metropolitan Mobility Regional Transportation
Authority Suburban Transit Access Route (STAR Line) station.
(q-2) For a transit facility improvement area established
prior to, on, or after the effective date of this amendatory
Act of the 102nd General Assembly: (i) "redevelopment project
costs" means those costs described in subsection (q) that are
related to the construction, reconstruction, rehabilitation,
remodeling, or repair of any existing or proposed transit
facility, whether that facility is located within or outside
the boundaries of a redevelopment project area established
within that transit facility improvement area (and, to the
extent a redevelopment project cost is described in subsection
(q) as incurred or estimated to be incurred with respect to a
redevelopment project area, then it shall apply with respect
to such transit facility improvement area); and (ii) the
provisions of Section 11-74.4-8 regarding tax increment
allocation financing for a redevelopment project area located
in a transit facility improvement area shall apply only to the
lots, blocks, tracts and parcels of real property that are
located within the boundaries of that redevelopment project
area and not to the lots, blocks, tracts, and parcels of real
property that are located outside the boundaries of that

SB3936 - 494 - LRB103 40367 AWJ 72644 b
redevelopment project area.
(r) "State Sales Tax Boundary" means the redevelopment
project area or the amended redevelopment project area
boundaries which are determined pursuant to subsection (9) of
Section 11-74.4-8a of this Act. The Department of Revenue
shall certify pursuant to subsection (9) of Section 11-74.4-8a
the appropriate boundaries eligible for the determination of
State Sales Tax Increment.
(s) "State Sales Tax Increment" means an amount equal to
the increase in the aggregate amount of taxes paid by
retailers and servicemen, other than retailers and servicemen
subject to the Public Utilities Act, on transactions at places
of business located within a State Sales Tax Boundary pursuant
to the Retailers' Occupation Tax Act, the Use Tax Act, the
Service Use Tax Act, and the Service Occupation Tax Act,
except such portion of such increase that is paid into the
State and Local Sales Tax Reform Fund, the Local Government
Distributive Fund, the Local Government Tax Fund and the
County and Mass Transit District Fund, for as long as State
participation exists, over and above the Initial Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts for such taxes as certified by the
Department of Revenue and paid under those Acts by retailers
and servicemen on transactions at places of business located
within the State Sales Tax Boundary during the base year which
shall be the calendar year immediately prior to the year in

SB3936 - 495 - LRB103 40367 AWJ 72644 b
which the municipality adopted tax increment allocation
financing, less 3.0% of such amounts generated under the
Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
Act and the Service Occupation Tax Act, which sum shall be
appropriated to the Department of Revenue to cover its costs
of administering and enforcing this Section. For purposes of
computing the aggregate amount of such taxes for base years
occurring prior to 1985, the Department of Revenue shall
compute the Initial Sales Tax Amount for such taxes and deduct
therefrom an amount equal to 4% of the aggregate amount of
taxes per year for each year the base year is prior to 1985,
but not to exceed a total deduction of 12%. The amount so
determined shall be known as the "Adjusted Initial Sales Tax
Amount". For purposes of determining the State Sales Tax
Increment the Department of Revenue shall for each period
subtract from the tax amounts received from retailers and
servicemen on transactions located in the State Sales Tax
Boundary, the certified Initial Sales Tax Amounts, Adjusted
Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
for the Retailers' Occupation Tax Act, the Use Tax Act, the
Service Use Tax Act and the Service Occupation Tax Act. For the
State Fiscal Year 1989 this calculation shall be made by
utilizing the calendar year 1987 to determine the tax amounts
received. For the State Fiscal Year 1990, this calculation
shall be made by utilizing the period from January 1, 1988,
until September 30, 1988, to determine the tax amounts

SB3936 - 496 - LRB103 40367 AWJ 72644 b
received from retailers and servicemen, which shall have
deducted therefrom nine-twelfths of the certified Initial
Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
Revised Initial Sales Tax Amounts as appropriate. For the
State Fiscal Year 1991, this calculation shall be made by
utilizing the period from October 1, 1988, until June 30,
1989, to determine the tax amounts received from retailers and
servicemen, which shall have deducted therefrom nine-twelfths
of the certified Initial State Sales Tax Amounts, Adjusted
Initial Sales Tax Amounts or the Revised Initial Sales Tax
Amounts as appropriate. For every State Fiscal Year
thereafter, the applicable period shall be the 12 months
beginning July 1 and ending on June 30, to determine the tax
amounts received which shall have deducted therefrom the
certified Initial Sales Tax Amounts, Adjusted Initial Sales
Tax Amounts or the Revised Initial Sales Tax Amounts.
Municipalities intending to receive a distribution of State
Sales Tax Increment must report a list of retailers to the
Department of Revenue by October 31, 1988 and by July 31, of
each year thereafter.
(t) "Taxing districts" means counties, townships, cities
and incorporated towns and villages, school, road, park,
sanitary, mosquito abatement, forest preserve, public health,
fire protection, river conservancy, tuberculosis sanitarium
and any other municipal corporations or districts with the
power to levy taxes.

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(u) "Taxing districts' capital costs" means those costs of
taxing districts for capital improvements that are found by
the municipal corporate authorities to be necessary and
directly result from the redevelopment project.
(v) As used in subsection (a) of Section 11-74.4-3 of this
Act, "vacant land" means any parcel or combination of parcels
of real property without industrial, commercial, and
residential buildings which has not been used for commercial
agricultural purposes within 5 years prior to the designation
of the redevelopment project area, unless the parcel is
included in an industrial park conservation area or the parcel
has been subdivided; provided that if the parcel was part of a
larger tract that has been divided into 3 or more smaller
tracts that were accepted for recording during the period from
1950 to 1990, then the parcel shall be deemed to have been
subdivided, and all proceedings and actions of the
municipality taken in that connection with respect to any
previously approved or designated redevelopment project area
or amended redevelopment project area are hereby validated and
hereby declared to be legally sufficient for all purposes of
this Act. For purposes of this Section and only for land
subject to the subdivision requirements of the Plat Act, land
is subdivided when the original plat of the proposed
Redevelopment Project Area or relevant portion thereof has
been properly certified, acknowledged, approved, and recorded
or filed in accordance with the Plat Act and a preliminary

SB3936 - 498 - LRB103 40367 AWJ 72644 b
plat, if any, for any subsequent phases of the proposed
Redevelopment Project Area or relevant portion thereof has
been properly approved and filed in accordance with the
applicable ordinance of the municipality.
(w) "Annual Total Increment" means the sum of each
municipality's annual Net Sales Tax Increment and each
municipality's annual Net Utility Tax Increment. The ratio of
the Annual Total Increment of each municipality to the Annual
Total Increment for all municipalities, as most recently
calculated by the Department, shall determine the proportional
shares of the Illinois Tax Increment Fund to be distributed to
each municipality.
(x) "LEED certified" means any certification level of
construction elements by a qualified Leadership in Energy and
Environmental Design Accredited Professional as determined by
the U.S. Green Building Council.
(y) "Green Globes certified" means any certification level
of construction elements by a qualified Green Globes
Professional as determined by the Green Building Initiative.
(Source: P.A. 102-627, eff. 8-27-21.)
(65 ILCS 5/Art. 11 Div. 122.2 heading)
DIVISION 122.2. METROPOLITAN MOBILITY REGIONAL TRANSPORTATION
AUTHORITY
(65 ILCS 5/11-122.2-1) (from Ch. 24, par. 11-122.2-1)

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Sec. 11-122.2-1. In addition to all its other powers,
every municipality shall, in all its dealings with the
Metropolitan Mobility Regional Transportation Authority
established by the Metropolitan Mobility "Regional
Transportation Authority Act", enacted by the 78th General
Assembly, have the following powers:
(a) to cooperate with the Metropolitan Mobility Regional
Transportation Authority in the exercise by the Metropolitan
Mobility Regional Transportation Authority of all the powers
granted it by the Act;
(b) to receive funds from the Metropolitan Mobility
Regional Transportation Authority upon such terms and
conditions as shall be set forth in an agreement between the
municipality and Metropolitan Mobility Authority the Suburban
Bus Board or the Commuter Rail Board, which contract or
agreement may be for such number of years or duration as they
may agree, all as provided in the Metropolitan Mobility
"Regional Transportation Authority Act";
(c) (blank); to receive financial grants from a Service
Board, as defined in the "Regional Transportation Authority
Act", upon such terms and conditions as shall be set forth in a
Purchase of Service Agreement or other grant contract between
the municipality and the Service Board, which contract or
agreement may be for such number of years or duration as the
Service Board and the municipality may agree, all as provided
in the "Regional Transportation Authority Act";

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(d) to acquire from the Metropolitan Mobility Authority
any public transportation facility Regional Transportation
Authority or a Service Board any Public Transportation
Facility, as defined in the Metropolitan Mobility "Regional
Transportation Authority Act", by purchase contract, gift,
grant, exchange for other property or rights in property,
lease (or sublease) or installment or conditional purchase
contracts, which contracts or leases may provide for
consideration to be paid in annual installments during a
period not exceeding 40 years; such property may be acquired
subject to such conditions, restrictions, liens or security or
other interests of other parties as the municipality may deem
appropriate and in each case the municipality may acquire a
joint, leasehold, easement, license or other partial interest
in such property;
(e) to sell, sell by installment contract, lease (or
sublease) as lessor, or transfer to, or grant to or provide for
the use by the Metropolitan Mobility Authority any public
transportation facility Regional Transportation Authority or a
Service Board any Public Transportation Facility, as defined
in the Metropolitan Mobility "Regional Transportation
Authority Act, " upon such terms and for such consideration, or
for no consideration, as the municipality may deem proper;
(f) to cooperate with the Metropolitan Mobility Regional
Transportation Authority or a Service Board for the protection
of employees and users of public transportation facilities

SB3936 - 501 - LRB103 40367 AWJ 72644 b
against crime and also to protect such facilities; such
cooperation may include, without limitation, agreements for
the coordination of police or security forces;
(g) to file such reports with and transfer such records,
papers or documents to the Metropolitan Mobility Authority
Regional Transportation Authority or a Service Board as may be
agreed upon with, or required by, the Metropolitan Mobility
Regional Transportation Authority or a Service Board.
In exercising any of the powers granted in this Section
the municipality shall not be subject to the provisions of
this Code or any Act making public bidding or notice a
requirement for any purchase or sale by a municipality.
Notwithstanding any provision of this Code to the contrary,
every municipality may enter into purchase of service
agreements, grant agreements Purchase of Service Agreements,
grant contracts, other contracts, agreements or leases, as
provided in this Section, and may incur obligations and
expenses thereunder without making a previous appropriation
therefor.
(Source: P.A. 83-886.)
Section 20.31. The Regional Planning Act is amended by
changing Section 10 as follows:
(70 ILCS 1707/10)
Sec. 10. Definitions.

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"Board" means the Board of the Chicago Metropolitan Agency
for Planning.
"CMAP" means the Chicago Metropolitan Agency for Planning.
"Chief elected county official" means the Board Chairman
in DuPage, Kane, Kendall, Lake, and McHenry Counties and the
County Executive in Will County.
"Fiscal year" means the fiscal year of the State.
"IDOT" means the Illinois Department of Transportation.
"MPO" means the metropolitan planning organization
designated under 23 U.S.C. 134.
"Members" means the members of the Board.
"Person" means an individual, partnership, firm, public or
private corporation, State agency, transportation agency, or
unit of local government.
"Policy Committee" means the decision-making body of the
MPO.
"Region" or "northeastern Illinois region" means Cook,
DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
"State agency" means "agency" as defined in Section 1-20
of the Illinois Administrative Procedure Act.
"Transportation agency" means the Metropolitan Mobility
Regional Transportation Authority and its Service Boards; the
Illinois State Toll Highway Authority; the Illinois Department
of Transportation; and the transportation functions of units
of local government.
"Unit of local government" means a unit of local

SB3936 - 503 - LRB103 40367 AWJ 72644 b
government, as defined in Section 1 of Article VII of the
Illinois Constitution, that is located within the jurisdiction
and area of operation of the Board.
"USDOT" means the United States Department of
Transportation.
(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
(70 ILCS 3605/Act rep.)
Section 20.32. The Metropolitan Transit Authority Act is
repealed.
Section 20.33. The Local Mass Transit District Act is
amended by changing Sections 3.1, 5.05, and 8.5 as follows:
(70 ILCS 3610/3.1) (from Ch. 111 2/3, par. 353.1)
Sec. 3.1. Also in the manner provided in this Act as
amended, a "Local Mass Transit District" may be created with
boundary to enclose a unit area of contiguous land, to be known
as the "participating area". Such a "participating area" may
be organized as a district under this Act without regard to
boundaries of counties or other political subdivisions or
municipal corporations.
(a) Any 500 or more legal voters who are residents within
such "participating area" may file a petition in the circuit
court of the county where the proposed district or a major part
thereof is located, asking that the question of creating such

SB3936 - 504 - LRB103 40367 AWJ 72644 b
district be submitted under this Act by referendum to the
voters residing within the proposed district. By their power
of attorney signed by them and filed in the cause the
petitioners may authorize a committee of their number named by
the petitioners, to conduct and pursue the cause for them to a
conclusion. Such petition shall define the boundaries of the
proposed district, shall indicate distances to nearest mass
transportation lines in each direction, naming them, shall
have attached a fair map of the proposed district, and shall
suggest a name for the proposed district.
(b) The circuit clerk shall present to the circuit judge
any petition so filed in the court. The judge shall enter an
order of record to set a date, hour and place for judicial
hearing on the petition. That order shall include instructions
to the circuit clerk to give notice by newspaper publication
to be made and completed at least 20 days before the hearing is
to be held, in 2 or more newspapers published or circulating
generally among the people residing within the proposed
district. The circuit clerk shall prepare that notice and
cause such publication notice to be given as directed.
(c) After proof of such newspaper publication of notice
has been made and filed in the cause and shown to the court in
full accord with the prior order, the circuit judge shall hear
all persons who attend and so request, as to location and
boundary and name for the proposed district. After the hearing
on such petition is completed, the circuit court by an order of

SB3936 - 505 - LRB103 40367 AWJ 72644 b
record, shall determine and establish the location, name and
boundary for such proposed district, and shall order the
proposition submitted at an election in accordance with the
general election law to the voters resident within such
proposed district. The circuit clerk shall certify the
proposition to the proper election officials who shall submit
the proposition in accordance with the general election law.
(d) The county clerk shall canvass the ballots and other
returns from such referendum, and prepare a full certification
of the result and shall file same in the cause pending in the
circuit court. When the vote is in favor of the creation of
such district as determined by the court order, a true map of
such district shall be filed with such report in the circuit
court.
(e) When the vote is in favor of creation of such district,
the circuit court by an order of record shall confirm the
result of election. If the district is wholly contained within
a single county the presiding officer of the county board with
the advice and consent of the county board shall appoint 5
trustees, not more than 3 of whom shall be affiliated with the
same political party, to govern the district and serve one
each for 1, 2, 3, 4 and 5 years respectively; upon the
expiration of the term of a trustee who is in office on the
effective date of this amendatory Act of 1989, the successor
shall, at the time of the appointment, and thereafter at all
times while serving as trustee, be a resident of the Mass

SB3936 - 506 - LRB103 40367 AWJ 72644 b
Transit District for which such person is appointed as
trustee. If a trustee removes his residence to a place outside
of the District, a trustee shall be appointed in the same
manner as herein provided to take the place of the trustee who
so removed his residence. If however the district is located
in more than one county, the number of trustees who are
residents of a county shall be in proportion, as nearly as
practicable, to the number of residents of the district who
reside in that county in relation to the total population of
the district.
Upon the expiration of the term of a trustee who is in
office on the effective date of this amendatory Act of 1975,
the successor shall be a resident of whichever county is
entitled to such representation in order to bring about the
proportional representation required herein, and he shall be
appointed by the county board of that county, or in the case of
a home rule county as defined by Article VII, Section 6 of the
Constitution of 1970, the chief executive officer of that
county, with the advice and consent of the county board in
accordance with the provisions previously enumerated.
Successors shall serve 5 year overlapping terms.
Thereafter, each trustee shall be succeeded by a resident
of the same county who shall be appointed by the same
appointing authority; however, the provisions of the preceding
paragraph shall apply to the appointment of the successor to
each trustee who is in office at the time of the publication of

SB3936 - 507 - LRB103 40367 AWJ 72644 b
each decennial Federal census of population.
(f) Upon the creation of such district, the circuit clerk
shall prepare and certify a copy of the final court order
confirming the referendum creating the district, and a
duplicate of the map of such district, from the record of the
circuit court, and shall file the same with the county clerk
for recording in his office as "Certificate of Incorporation"
for the district. The county clerk shall cause a duplicate of
such "Certificate of Incorporation" to be filed in the office
of the Secretary of State of Illinois.
(g) The Board of Trustees of such "Local Mass Transit
District" shall have and exercise all the powers and shall
perform all the duties of any Board of Trustees of any district
created under this Act, as now or hereafter amended.
(h) The circuit court shall require the petitioners to
post a surety bond for the payment of all costs and expenses of
such proceeding and such referendum. When a district is
created, the circuit court shall order the district to pay or
reimburse others for all such costs and expenses. The surety
bond shall not be released until complete receipts for all
such costs and expenses have been filed in the cause and fully
audited by the circuit and county clerks.
(i) If the District is wholly contained within a single
county, the County Board of such county may, by resolution,
provide that, effective upon the next appointment of a
Trustee, after the effective date of this amendatory Act of

SB3936 - 508 - LRB103 40367 AWJ 72644 b
1989, that the Board of Trustees of such Mass Transit District
shall be comprised of 7 Trustees, with no more than 4 members
of the same political party. This Subsection shall not apply
to any Mass Transit District in the State which receives
funding in whole or in part from the Metropolitan Mobility
Authority Regional Transportation Authority or any of its
service boards.
(Source: P.A. 86-472.)
(70 ILCS 3610/5.05) (from Ch. 111 2/3, par. 355.05)
Sec. 5.05. In addition to all its other powers, each
District shall, in all its dealings with the Metropolitan
Mobility Regional Transportation Authority established by the
Metropolitan Mobility "Regional Transportation Authority Act",
enacted by the 78th General Assembly, have the following
powers:
(a) to cooperate with the Metropolitan Mobility Regional
Transportation Authority in the exercise by the Metropolitan
Mobility Regional Transportation Authority of all the powers
granted it by such Act;
(b) to receive funds from the Metropolitan Mobility
Regional Transportation Authority upon such terms and
conditions as shall be set forth in an agreement between the
District and the Metropolitan Mobility Regional Transportation
Authority, which contract or agreement may be for such number
of years or duration as the Authority and the District may

SB3936 - 509 - LRB103 40367 AWJ 72644 b
agree, all as provided in the Metropolitan Mobility "Regional
Transportation Authority Act";
(c) (blank); to receive financial grants from a Service
Board, as defined in the "Regional Transportation Authority
Act", upon such terms and conditions as shall be set forth in a
Purchase of Service Agreement or other grant contact between
the District and the Service Board, which contract or
agreement may be for such number of years or duration as the
Service Board and the District may agree, all as provided in
the "Regional Transportation Authority Act";
(d) to acquire from the Metropolitan Mobility Authority
any public transportation facility Regional Transportation
Authority or Service Board any Public Transportation Facility,
as defined in the Metropolitan Mobility "Regional
Transportation Authority Act", by purchase contract, gift,
grant, exchange for other property or rights in property,
lease (or sublease) or installment or conditional purchase
contracts, which contracts or leases may provide for
consideration to be paid in annual installments during a
period not exceeding 40 years; such property may be acquired
subject to such conditions, restrictions, liens or security or
other interests of other parties as the District may deem
appropriate and in each case the District may acquire a joint,
leasehold, easement, license or other partial interest in such
property;
(e) to sell, sell by installment contract, lease (or

SB3936 - 510 - LRB103 40367 AWJ 72644 b
sublease) as lessor, or transfer to, or grant to or provide for
the use by the Metropolitan Mobility Authority any public
transportation facility Regional Transportation Authority or a
Service Board any Public Transportation Facility, as defined
in the Metropolitan Mobility "Regional Transportation
Authority Act, " upon such terms and for such consideration, as
the District may deem proper;
(f) to cooperate with the Metropolitan Mobility Authority
Regional Transportation Authority or a Service Board for the
protection of employees of the District and users of public
transportation facilities against crime and also to protect
such facilities, but neither the District, the member of its
Board nor its officers or employees shall be held liable for
failure to provide a security or police force, or, if a
security or police force is provided, for failure to provide
adequate police protection or security, failure to prevent the
commission of crimes by fellow passengers or other third
persons or for the failure to apprehend criminals; and
(g) to file such reports with and transfer such records,
papers or documents to the Metropolitan Mobility Authority
Regional Transportation Authority or a Service Board as may be
agreed upon with, or required by, the Metropolitan Mobility
Authority Regional Transportation Authority or a Service
Board.
In exercising any of the powers granted in this Section,
the District shall not be subject to the provisions of any Act

SB3936 - 511 - LRB103 40367 AWJ 72644 b
making public bidding or notice a requirement of any purchase
or sale by a District.
(Source: P.A. 84-939.)
(70 ILCS 3610/8.5) (from Ch. 111 2/3, par. 358.5)
Sec. 8.5. In addition to any other method provided for
annexation under this Act, any territory, except property
classified as farmland, which (1) lies within the corporate
limits of a municipality as defined in this Act, (2) is
contiguous to a local mass transit district organized under
this Act, and (3) is not a part of another local mass transit
district, may be annexed by the contiguous local mass transit
district, by ordinance, after a public hearing has been held
thereon by the board of trustees of the district at a location
within the territory sought to be annexed, or within 1 mile of
any part of the territory sought to be annexed. The annexing
district shall cause to be published three times in a
newspaper having general circulation within the area
considered for annexation, at least 30 days prior to the
public hearing thereon, a notice that the local mass transit
district is considering the annexation of the territory
specified. The notice shall also state the date, time and
place of the public hearing. The annexing district shall cause
to be delivered to each owner of a parcel of land which is 5 or
more acres, which land is proposed to be annexed in whole or in
part, a written notice containing the information required to

SB3936 - 512 - LRB103 40367 AWJ 72644 b
be included in the published notice. The notice shall be
delivered by first class mail so that said notice arrives 30
days in advance of the public hearing. The board of trustees of
the district shall give due consideration to all testimony.
For the purposes of this Section "property classified as
farmland" shall mean property classified as farmland for
assessment purposes pursuant to the Property Tax Code. This
Section shall not apply to any mass transit district in the
State which receives funding in whole or in part from the
Metropolitan Mobility Authority Regional Transportation
Authority or any of its service boards.
(Source: P.A. 88-670, eff. 12-2-94.)
(70 ILCS 3615/Act rep.)
Section 20.34. The Regional Transportation Authority Act
is repealed.
Section 20.35. The Water Commission Act of 1985 is amended
by changing Section 4 as follows:
(70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)
Sec. 4. Taxes.
(a) The board of commissioners of any county water
commission may, by ordinance, impose throughout the territory
of the commission any or all of the taxes provided in this
Section for its corporate purposes. However, no county water

SB3936 - 513 - LRB103 40367 AWJ 72644 b
commission may impose any such tax unless the commission
certifies the proposition of imposing the tax to the proper
election officials, who shall submit the proposition to the
voters residing in the territory at an election in accordance
with the general election law, and the proposition has been
approved by a majority of those voting on the proposition.
The proposition shall be in the form provided in Section 5
or shall be substantially in the following form:
-------------
Shall the (insert corporate
name of county water commission) YES
impose (state type of tax or ------------------------
taxes to be imposed) at the NO
rate of 1/4%?
-------------------------------------------------------------
Taxes imposed under this Section and civil penalties
imposed incident thereto shall be collected and enforced by
the State Department of Revenue. The Department shall have the
power to administer and enforce the taxes and to determine all
rights for refunds for erroneous payments of the taxes.
(b) The board of commissioners may impose a County Water
Commission Retailers' Occupation Tax upon all persons engaged
in the business of selling tangible personal property at
retail in the territory of the commission at a rate of 1/4% of
the gross receipts from the sales made in the course of such
business within the territory. Beginning January 1, 2021, this

SB3936 - 514 - LRB103 40367 AWJ 72644 b
tax is not imposed on sales of aviation fuel for so long as the
revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
47133 are binding on the District.
The tax imposed under this paragraph and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The
Department shall have full power to administer and enforce
this paragraph; to collect all taxes and penalties due
hereunder; to dispose of taxes and penalties so collected in
the manner hereinafter provided; and to determine all rights
to credit memoranda arising on account of the erroneous
payment of tax or penalty hereunder. In the administration of,
and compliance with, this paragraph, the Department and
persons who are subject to this paragraph shall have the same
rights, remedies, privileges, immunities, powers and duties,
and be subject to the same conditions, restrictions,
limitations, penalties, exclusions, exemptions and definitions
of terms, and employ the same modes of procedure, as are
prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2
through 2-65 (in respect to all provisions therein other than
the State rate of tax except that tangible personal property
taxed at the 1% rate under the Retailers' Occupation Tax Act
shall not be subject to tax hereunder), 2c, 3 (except as to the
disposition of taxes and penalties collected, and except that
the retailer's discount is not allowed for taxes paid on
aviation fuel sold on or after December 1, 2019 and through

SB3936 - 515 - LRB103 40367 AWJ 72644 b
December 31, 2020), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of
the Retailers' Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
seller's tax liability hereunder by separately stating the tax
as an additional charge, which charge may be stated in
combination, in a single amount, with State taxes that sellers
are required to collect under the Use Tax Act and under
subsection (e) of Section 6.02 4.03 of the Metropolitan
Mobility Regional Transportation Authority Act, in accordance
with such bracket schedules as the Department may prescribe.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of a county water commission tax fund
established under subsection (g) of this Section.
For the purpose of determining whether a tax authorized
under this paragraph is applicable, a retail sale by a
producer of coal or other mineral mined in Illinois is a sale
at retail at the place where the coal or other mineral mined in

SB3936 - 516 - LRB103 40367 AWJ 72644 b
Illinois is extracted from the earth. This paragraph does not
apply to coal or other mineral when it is delivered or shipped
by the seller to the purchaser at a point outside Illinois so
that the sale is exempt under the Federal Constitution as a
sale in interstate or foreign commerce.
If a tax is imposed under this subsection (b), a tax shall
also be imposed under subsections (c) and (d) of this Section.
No tax shall be imposed or collected under this subsection
on the sale of a motor vehicle in this State to a resident of
another state if that motor vehicle will not be titled in this
State.
Nothing in this paragraph shall be construed to authorize
a county water commission to impose a tax upon the privilege of
engaging in any business which under the Constitution of the
United States may not be made the subject of taxation by this
State.
(c) If a tax has been imposed under subsection (b), a
County Water Commission Service Occupation Tax shall also be
imposed upon all persons engaged, in the territory of the
commission, in the business of making sales of service, who,
as an incident to making the sales of service, transfer
tangible personal property within the territory. The tax rate
shall be 1/4% of the selling price of tangible personal
property so transferred within the territory. Beginning
January 1, 2021, this tax is not imposed on sales of aviation
fuel for so long as the revenue use requirements of 49 U.S.C.

SB3936 - 517 - LRB103 40367 AWJ 72644 b
47107(b) and 49 U.S.C. 47133 are binding on the District.
The tax imposed under this paragraph and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The
Department shall have full power to administer and enforce
this paragraph; to collect all taxes and penalties due
hereunder; to dispose of taxes and penalties so collected in
the manner hereinafter provided; and to determine all rights
to credit memoranda arising on account of the erroneous
payment of tax or penalty hereunder. In the administration of,
and compliance with, this paragraph, the Department and
persons who are subject to this paragraph shall have the same
rights, remedies, privileges, immunities, powers and duties,
and be subject to the same conditions, restrictions,
limitations, penalties, exclusions, exemptions and definitions
of terms, and employ the same modes of procedure, as are
prescribed in Sections 1a-1, 2 (except that the reference to
State in the definition of supplier maintaining a place of
business in this State shall mean the territory of the
commission), 2a, 3 through 3-50 (in respect to all provisions
therein other than the State rate of tax except that tangible
personal property taxed at the 1% rate under the Service
Occupation Tax Act shall not be subject to tax hereunder), 4
(except that the reference to the State shall be to the
territory of the commission), 5, 7, 8 (except that the
jurisdiction to which the tax shall be a debt to the extent

SB3936 - 518 - LRB103 40367 AWJ 72644 b
indicated in that Section 8 shall be the commission), 9
(except as to the disposition of taxes and penalties collected
and except that the returned merchandise credit for this tax
may not be taken against any State tax, and except that the
retailer's discount is not allowed for taxes paid on aviation
fuel sold on or after December 1, 2019 and through December 31,
2020), 10, 11, 12 (except the reference therein to Section 2b
of the Retailers' Occupation Tax Act), 13 (except that any
reference to the State shall mean the territory of the
commission), the first paragraph of Section 15, 15.5, 16, 17,
18, 19, and 20 of the Service Occupation Tax Act as fully as if
those provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax that
servicemen are authorized to collect under the Service Use Tax
Act, and any tax for which servicemen may be liable under
subsection (m) of Section 6.02 (f) of Section 4.03 of the
Metropolitan Mobility Regional Transportation Authority Act,
in accordance with such bracket schedules as the Department
may prescribe.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State

SB3936 - 519 - LRB103 40367 AWJ 72644 b
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of a county water commission tax fund
established under subsection (g) of this Section.
Nothing in this paragraph shall be construed to authorize
a county water commission to impose a tax upon the privilege of
engaging in any business which under the Constitution of the
United States may not be made the subject of taxation by the
State.
(d) If a tax has been imposed under subsection (b), a tax
shall also be imposed upon the privilege of using, in the
territory of the commission, any item of tangible personal
property that is purchased outside the territory at retail
from a retailer, and that is titled or registered with an
agency of this State's government, at a rate of 1/4% of the
selling price of the tangible personal property within the
territory, as "selling price" is defined in the Use Tax Act.
The tax shall be collected from persons whose Illinois address
for titling or registration purposes is given as being in the
territory. The tax shall be collected by the Department of
Revenue for a county water commission. The tax must be paid to
the State, or an exemption determination must be obtained from
the Department of Revenue, before the title or certificate of
registration for the property may be issued. The tax or proof
of exemption may be transmitted to the Department by way of the

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State agency with which, or the State officer with whom, the
tangible personal property must be titled or registered if the
Department and the State agency or State officer determine
that this procedure will expedite the processing of
applications for title or registration.
The Department shall have full power to administer and
enforce this paragraph; to collect all taxes, penalties, and
interest due hereunder; to dispose of taxes, penalties, and
interest so collected in the manner hereinafter provided; and
to determine all rights to credit memoranda or refunds arising
on account of the erroneous payment of tax, penalty, or
interest hereunder. In the administration of and compliance
with this paragraph, the Department and persons who are
subject to this paragraph shall have the same rights,
remedies, privileges, immunities, powers, and duties, and be
subject to the same conditions, restrictions, limitations,
penalties, exclusions, exemptions, and definitions of terms
and employ the same modes of procedure, as are prescribed in
Sections 2 (except the definition of "retailer maintaining a
place of business in this State"), 3 through 3-80 (except
provisions pertaining to the State rate of tax, and except
provisions concerning collection or refunding of the tax by
retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions
pertaining to claims by retailers and except the last
paragraph concerning refunds), 20, 21, and 22 of the Use Tax
Act and Section 3-7 of the Uniform Penalty and Interest Act

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that are not inconsistent with this paragraph, as fully as if
those provisions were set forth herein.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of a county water commission tax fund
established under subsection (g) of this Section.
(e) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under subsection (b), (c), or (d)
of this Section and no additional registration shall be
required under the tax. A certificate issued under the Use Tax
Act or the Service Use Tax Act shall be applicable with regard
to any tax imposed under subsection (c) of this Section.
(f) Any ordinance imposing or discontinuing any tax under
this Section shall be adopted and a certified copy thereof
filed with the Department on or before June 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this Section on behalf of the county water commission as of
September 1 next following the adoption and filing. Beginning
January 1, 1992, an ordinance or resolution imposing or

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discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
October next following such adoption and filing. Beginning
January 1, 1993, an ordinance or resolution imposing or
discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of October, whereupon the Department shall
proceed to administer and enforce this Section as of the first
day of January next following such adoption and filing.
(g) The State Department of Revenue shall, upon collecting
any taxes as provided in this Section, pay the taxes over to
the State Treasurer as trustee for the commission. The taxes
shall be held in a trust fund outside the State treasury
Treasury.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the
Department of Revenue, the Comptroller shall order
transferred, and the Treasurer shall transfer, to the STAR
Bonds Revenue Fund the local sales tax increment, as defined
in the Innovation Development and Economy Act, collected under
this Section during the second preceding calendar month for
sales within a STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the State

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Department of Revenue shall prepare and certify to the
Comptroller of the State of Illinois the amount to be paid to
the commission, which shall be the amount (not including
credit memoranda) collected under this Section during the
second preceding calendar month by the Department plus an
amount the Department determines is necessary to offset any
amounts that were erroneously paid to a different taxing body,
and not including any amount equal to the amount of refunds
made during the second preceding calendar month by the
Department on behalf of the commission, and not including any
amount that the Department determines is necessary to offset
any amounts that were payable to a different taxing body but
were erroneously paid to the commission, and less any amounts
that are transferred to the STAR Bonds Revenue Fund, less 1.5%
of the remainder, which shall be transferred into the Tax
Compliance and Administration Fund. The Department, at the
time of each monthly disbursement to the commission, shall
prepare and certify to the State Comptroller the amount to be
transferred into the Tax Compliance and Administration Fund
under this subsection. Within 10 days after receipt by the
Comptroller of the certification of the amount to be paid to
the commission and the Tax Compliance and Administration Fund,
the Comptroller shall cause an order to be drawn for the
payment for the amount in accordance with the direction in the
certification.
(h) Beginning June 1, 2016, any tax imposed pursuant to

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this Section may no longer be imposed or collected, unless a
continuation of the tax is approved by the voters at a
referendum as set forth in this Section.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, eff.
6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19.)
Section 20.36. The School Code is amended by changing
Sections 29-5 and 34-4 as follows:
(105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
Sec. 29-5. Reimbursement by State for transportation. Any
school district, maintaining a school, transporting resident
pupils to another school district's vocational program,
offered through a joint agreement approved by the State Board
of Education, as provided in Section 10-22.22 or transporting
its resident pupils to a school which meets the standards for
recognition as established by the State Board of Education
which provides transportation meeting the standards of safety,
comfort, convenience, efficiency and operation prescribed by
the State Board of Education for resident pupils in
kindergarten or any of grades 1 through 12 who: (a) reside at
least 1 1/2 miles as measured by the customary route of travel,
from the school attended; or (b) reside in areas where
conditions are such that walking constitutes a hazard to the
safety of the child when determined under Section 29-3; and

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(c) are transported to the school attended from pick-up points
at the beginning of the school day and back again at the close
of the school day or transported to and from their assigned
attendance centers during the school day, shall be reimbursed
by the State as hereinafter provided in this Section.
The State will pay the prorated allowable cost of
transporting eligible pupils less the real equalized assessed
valuation as computed under paragraph (3) of subsection (d) of
Section 18-8.15 in a dual school district maintaining
secondary grades 9 to 12 inclusive times a qualifying rate of
.05%; in elementary school districts maintaining grades K to 8
times a qualifying rate of .06%; and in unit districts
maintaining grades K to 12, including partial elementary unit
districts formed pursuant to Article 11E, times a qualifying
rate of .07%. To be eligible to receive reimbursement in
excess of 4/5 of the cost to transport eligible pupils, a
school district or partial elementary unit district formed
pursuant to Article 11E shall have a Transportation Fund tax
rate of at least .12%. The Transportation Fund tax rate for a
partial elementary unit district formed pursuant Article 11E
shall be the combined elementary and high school rates
pursuant to paragraph (4) of subsection (a) of Section
18-8.15. If a school district or partial elementary unit
district formed pursuant to Article 11E does not have a .12%
Transportation Fund tax rate, the amount of its claim in
excess of 4/5 of the cost of transporting pupils shall be

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reduced by the sum arrived at by subtracting the
Transportation Fund tax rate from .12% and multiplying that
amount by the district's real equalized assessed valuation as
computed under paragraph (3) of subsection (d) of Section
18-8.15, provided that in no case shall said reduction result
in reimbursement of less than 4/5 of the cost to transport
eligible pupils.
The minimum amount to be received by a district is $16
times the number of eligible pupils transported.
When calculating the reimbursement for transportation
costs, the State Board of Education may not deduct the number
of pupils enrolled in early education programs from the number
of pupils eligible for reimbursement if the pupils enrolled in
the early education programs are transported at the same time
as other eligible pupils.
Any such district transporting resident pupils during the
school day to an area vocational school or another school
district's vocational program more than 1 1/2 miles from the
school attended, as provided in Sections 10-22.20a and
10-22.22, shall be reimbursed by the State for 4/5 of the cost
of transporting eligible pupils.
School day means that period of time during which the
pupil is required to be in attendance for instructional
purposes.
If a pupil is at a location within the school district
other than his residence for child care purposes at the time

SB3936 - 527 - LRB103 40367 AWJ 72644 b
for transportation to school, that location may be considered
for purposes of determining the 1 1/2 miles from the school
attended.
Claims for reimbursement that include children who attend
any school other than a public school shall show the number of
such children transported.
Claims for reimbursement under this Section shall not be
paid for the transportation of pupils for whom transportation
costs are claimed for payment under other Sections of this
Act.
The allowable direct cost of transporting pupils for
regular, vocational, and special education pupil
transportation shall be limited to the sum of the cost of
physical examinations required for employment as a school bus
driver; the salaries of full-time or part-time drivers and
school bus maintenance personnel; employee benefits excluding
Illinois municipal retirement payments, social security
payments, unemployment insurance payments and workers'
compensation insurance premiums; expenditures to independent
carriers who operate school buses; payments to other school
districts for pupil transportation services; pre-approved
contractual expenditures for computerized bus scheduling;
expenditures for housing assistance and homeless prevention
under Sections 1-17 and 1-18 of the Education for Homeless
Children Act that are not in excess of the school district's
actual costs for providing transportation services and are not

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otherwise claimed in another State or federal grant that
permits those costs to a parent, a legal guardian, any other
person who enrolled a pupil, or a homeless assistance agency
that is part of the federal McKinney-Vento Homeless Assistance
Act's continuum of care for the area in which the district is
located; the cost of gasoline, oil, tires, and other supplies
necessary for the operation of school buses; the cost of
converting buses' gasoline engines to more fuel efficient
engines or to engines which use alternative energy sources;
the cost of travel to meetings and workshops conducted by the
regional superintendent or the State Superintendent of
Education pursuant to the standards established by the
Secretary of State under Section 6-106 of the Illinois Vehicle
Code to improve the driving skills of school bus drivers; the
cost of maintenance of school buses including parts and
materials used; expenditures for leasing transportation
vehicles, except interest and service charges; the cost of
insurance and licenses for transportation vehicles;
expenditures for the rental of transportation equipment; plus
a depreciation allowance of 20% for 5 years for school buses
and vehicles approved for transporting pupils to and from
school and a depreciation allowance of 10% for 10 years for
other transportation equipment so used. Each school year, if a
school district has made expenditures to the Metropolitan
Mobility Authority Regional Transportation Authority or any of
its service boards, a mass transit district, or an urban

SB3936 - 529 - LRB103 40367 AWJ 72644 b
transportation district under an intergovernmental agreement
with the district to provide for the transportation of pupils
and if the public transit carrier received direct payment for
services or passes from a school district within its service
area during the 2000-2001 school year, then the allowable
direct cost of transporting pupils for regular, vocational,
and special education pupil transportation shall also include
the expenditures that the district has made to the public
transit carrier. In addition to the above allowable costs,
school districts shall also claim all transportation
supervisory salary costs, including Illinois municipal
retirement payments, and all transportation related building
and building maintenance costs without limitation.
Special education allowable costs shall also include
expenditures for the salaries of attendants or aides for that
portion of the time they assist special education pupils while
in transit and expenditures for parents and public carriers
for transporting special education pupils when pre-approved by
the State Superintendent of Education.
Indirect costs shall be included in the reimbursement
claim for districts which own and operate their own school
buses. Such indirect costs shall include administrative costs,
or any costs attributable to transporting pupils from their
attendance centers to another school building for
instructional purposes. No school district which owns and
operates its own school buses may claim reimbursement for

SB3936 - 530 - LRB103 40367 AWJ 72644 b
indirect costs which exceed 5% of the total allowable direct
costs for pupil transportation.
The State Board of Education shall prescribe uniform
regulations for determining the above standards and shall
prescribe forms of cost accounting and standards of
determining reasonable depreciation. Such depreciation shall
include the cost of equipping school buses with the safety
features required by law or by the rules, regulations and
standards promulgated by the State Board of Education, and the
Department of Transportation for the safety and construction
of school buses provided, however, any equipment cost
reimbursed by the Department of Transportation for equipping
school buses with such safety equipment shall be deducted from
the allowable cost in the computation of reimbursement under
this Section in the same percentage as the cost of the
equipment is depreciated.
On or before August 15, annually, the chief school
administrator for the district shall certify to the State
Superintendent of Education the district's claim for
reimbursement for the school year ending on June 30 next
preceding. The State Superintendent of Education shall check
and approve the claims and prepare the vouchers showing the
amounts due for district reimbursement claims. Each fiscal
year, the State Superintendent of Education shall prepare and
transmit the first 3 vouchers to the Comptroller on the 30th
day of September, December and March, respectively, and the

SB3936 - 531 - LRB103 40367 AWJ 72644 b
final voucher, no later than June 20.
If the amount appropriated for transportation
reimbursement is insufficient to fund total claims for any
fiscal year, the State Board of Education shall reduce each
school district's allowable costs and flat grant amount
proportionately to make total adjusted claims equal the total
amount appropriated.
For purposes of calculating claims for reimbursement under
this Section for any school year beginning July 1, 2016, the
equalized assessed valuation for a school district or partial
elementary unit district formed pursuant to Article 11E used
to compute reimbursement shall be the real equalized assessed
valuation as computed under paragraph (3) of subsection (d) of
Section 18-8.15.
All reimbursements received from the State shall be
deposited into the district's transportation fund or into the
fund from which the allowable expenditures were made.
Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
classify all or a portion of the funds that it receives in a
particular fiscal year or from State aid pursuant to Section
18-8.15 of this Code as funds received in connection with any
funding program for which it is entitled to receive funds from
the State in that fiscal year (including, without limitation,
any funding program referenced in this Section), regardless of

SB3936 - 532 - LRB103 40367 AWJ 72644 b
the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the
funding program than the district is entitled to receive in
that fiscal year for that program. Any classification by a
district must be made by a resolution of its board of
education. The resolution must identify the amount of any
payments or general State aid to be classified under this
paragraph and must specify the funding program to which the
funds are to be treated as received in connection therewith.
This resolution is controlling as to the classification of
funds referenced therein. A certified copy of the resolution
must be sent to the State Superintendent of Education. The
resolution shall still take effect even though a copy of the
resolution has not been sent to the State Superintendent of
Education in a timely manner. No classification under this
paragraph by a district shall affect the total amount or
timing of money the district is entitled to receive under this
Code. No classification under this paragraph by a district
shall in any way relieve the district from or affect any
requirements that otherwise would apply with respect to that
funding program, including any accounting of funds by source,
reporting expenditures by original source and purpose,
reporting requirements, or requirements of providing services.
Any school district with a population of not more than
500,000 must deposit all funds received under this Article
into the transportation fund and use those funds for the

SB3936 - 533 - LRB103 40367 AWJ 72644 b
provision of transportation services.
(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
(105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
Sec. 34-4. Eligibility. To be eligible for election or
appointment to the Board, a person shall be a citizen of the
United States, shall be a registered voter as provided in the
Election Code, shall have been, for a period of one year
immediately before election or appointment, a resident of the
city, district, and subdistrict that the member represents,
and shall not be a child sex offender as defined in Section
11-9.3 of the Criminal Code of 2012. A person is ineligible for
election or appointment to the Board if that person is not in
compliance with the provisions of Section 10-9 as referenced
in Section 34-3. For the 2024 general election, all persons
eligible for election to the Board shall be nominated by a
petition signed by at least 1,000 but not more than 3,000 of
the voters residing within the electoral district on a
petition in order to be placed on the ballot. For the 2026
general election and general elections thereafter, persons
eligible for election to the Board shall be nominated by a
petition signed by at least 500 but no more than 1,500 voters
residing within the subdistrict on a petition in order to be
placed on the ballot, except that persons eligible for
election to the Board at large shall be nominated by a petition
signed by no less than 2,500 voters residing within the city.

SB3936 - 534 - LRB103 40367 AWJ 72644 b
Any registered voter may sign a nominating petition,
irrespective of any partisan petition the voter signs or may
sign. For the 2024 general election only, the petition
circulation period shall begin on March 26, 2024, and the
filing period shall be from June 17, 2024 to June 24, 2024.
Permanent removal from the city by any member of the Board
during the member's term of office constitutes a resignation
therefrom and creates a vacancy in the Board. Board members
shall serve without any compensation; however, members of the
Board shall be reimbursed for expenses incurred while in the
performance of their duties upon submission of proper receipts
or upon submission of a signed voucher in the case of an
expense allowance evidencing the amount of such reimbursement
or allowance to the President of the Board for verification
and approval. Board members shall not hold other public office
under the Federal, State or any local government other than
that of Director of the Metropolitan Mobility Regional
Transportation Authority, member of the economic development
commission of a city having a population exceeding 500,000,
notary public or member of the National Guard, and by
accepting any such office while members of the Board, or by not
resigning any such office held at the time of being elected or
appointed to the Board within 30 days after such election or
appointment, shall be deemed to have vacated their membership
in the Board.
(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21;

SB3936 - 535 - LRB103 40367 AWJ 72644 b
103-584, eff. 3-18-24.)
Section 20.37. The Public Utilities Act is amended by
changing Section 4-302 and by adding Sections 8-106 and 8-107
as follows:
(220 ILCS 5/4-302) (from Ch. 111 2/3, par. 4-302)
Sec. 4-302. The Commission shall cooperate with the
Metropolitan Mobility Regional Transportation Authority
created pursuant to the Metropolitan Mobility "Regional
Transportation Authority Act", enacted by the 78th General
Assembly, in the exercise of the powers of the Authority as
provided in that Act.
Transportation agencies Agencies which have any purchase
of service agreement with the Authority a Service Board as
provided in the Metropolitan Mobility "Regional Transportation
Authority Act" shall not be subject to this Act as to any
public transportation which is the subject of such agreement.
Any service and business exempted from this Act pursuant to
this Section shall not be considered "intrastate public
utility business" as defined in Section 3-120 of this Act.
No contract between any transportation agency
Transportation Agency and the Authority or a Service Board or
acquisition by the Authority or a Service Board of any
property, including property of a transportation agency
Transportation Agency pursuant to and as defined in the

SB3936 - 536 - LRB103 40367 AWJ 72644 b
Metropolitan Mobility Regional Transportation Authority Act,
shall, except as provided in such Act, be subject to the
supervision, regulation or approval of the Commission.
If the Metropolitan Mobility Authority determines In the
event a Service Board shall determine that any Public
Transportation service provided by any transportation agency
Transportation Agency with which that Authority Service Board
has a purchase of service agreement Purchase of Service
Agreement is not necessary for the public interest and shall
for that reason decline to enter into any Purchase of Service
Agreement for such particular service, all pursuant to and as
defined in such Metropolitan Mobility Regional Transportation
Authority Act, then the discontinuation of such service by
such transportation agency Transportation Agency shall not be
subject to the supervision, regulation or approval of the
Commission.
(Source: P.A. 84-617; 84-1025.)
(220 ILCS 5/8-106 new)
Sec. 8-106. Make-ready tariff.
(a) The purpose of this Section is to change the
Commission's practice of authorizing the electrical
distribution infrastructure located on the utility side of the
customer meter needed to charge electric vehicles on a
case-by-case basis to a practice of considering that
infrastructure and associated design, engineering, and

SB3936 - 537 - LRB103 40367 AWJ 72644 b
construction work as core utility business, treated the same
as other necessary distribution infrastructure authorized on
an ongoing basis in the electric utility's multi-year rate
plans. The Commission shall continue to require each electric
utility to provide an accurate and full accounting of all
expenses related to electrical distribution infrastructure as
it relates to this Section, and apply appropriate penalties to
the extent an electric utility is not accurately tracking all
expenses.
(b) For purposes of this Section, "electrical distribution
infrastructure" includes poles, vaults, service drops,
transformers, mounting pads, trenching, conduit, wire, cable,
meters, other equipment as necessary, and associated
engineering and civil construction work.
(c) Not later than the next multi-year rate case, each
electric utility shall propose a new tariff or rule that
authorizes each electric utility to design and deploy all
electrical distribution infrastructure on the utility side of
the customer's meter for all customers installing separate or
sub-metered infrastructure to support charging stations, other
than those in single-family residences. Each electric utility
shall recover its revenue requirement for this work through
periodic multi-year rate plan proceedings. In those
proceedings, the costs shall be treated like those costs
incurred for other necessary distribution infrastructure. The
new tariff shall replace the line extension rules currently

SB3936 - 538 - LRB103 40367 AWJ 72644 b
used for electric vehicle infrastructure as of the effective
date of the new tariff or rule and any customer allowances
established shall be based on the full useful life of the
electrical distribution infrastructure. The Commission may
revise the policy described in subsection (a) and this
subsection after the completion of the multi-year rate plan of
the electric utility following the one during which the
proposal was filed if a determination is made that a change in
the policy is necessary to ensure just and reasonable rates
for ratepayers. Moreover, electric utilities and combination
gas and electric utilities shall take reasonable efforts to
ensure that any infrastructure built pursuant this Section is
efficiently sized and operated. Such efforts include, but are
not necessarily limited to, considering customers' reasonably
foreseeable load management activities and deployments of
distributed energy resources.
(220 ILCS 5/8-107 new)
Sec. 8-107. Inclusive utility investment.
(a) The purpose of this Section is for the Commission to
require electric utilities to explore a new and complementary
mechanism for investments by the electric utility in the
electrical distribution infrastructure and equipment located
on the customer side of the meter that may be needed to charge
electric vehicles. Electrical distribution infrastructure that
may be needed on the customer side of the meter includes

SB3936 - 539 - LRB103 40367 AWJ 72644 b
wiring, panels, breaker panels, conduit up to the charger
itself and the electric vehicle charger. The new mechanism is
an inclusive utility investment with a site-specific recovery
mechanism described in subsection (b). The Commission shall
require each electric utility to explore this mechanism as an
option to complement other incentives offered (such as charger
rebates).
(b) Inclusive utility investment is seen by the United
States Environmental Protection Agency as a promising approach
to expanding access to cost-effective more comprehensive
efficiency and electrification upgrades for all utility
customers. Inclusive utility investment allows for
site-specific investments by the electric utility in
electrification measures on the customer side of the meter
with site-specific cost recovery through a fixed charge on the
utility bill of the customer at the metered location. The
fixed charge must be no more than the expected energy cost
savings resulting from a customer switching from an internal
combustion engine vehicle with associated fuel costs to an
electric vehicle with associated electric charging costs on an
annual basis, and the cost recovery term must be limited to no
more than the useful life of the charging equipment. The fixed
charge shall be calculated taking into account equipment,
installation, and administrative costs, and all available
rebates and incentives should be applied to reduce total
project costs.

SB3936 - 540 - LRB103 40367 AWJ 72644 b
(c) No later than December 1, 2024, each electric utility
shall file an advice letter and not later than June 1, 2025,
the Commission shall start a process to explore the
implementation of inclusive utility investments for investing
in the electrical distribution infrastructure on the customer
side of the meter, including electric vehicle chargers. For
this process, the Commission shall request each electric
utility to present a proposal with the estimation of the
investments needed. This estimation shall include the costs
and energy savings of all the customer-side electric vehicle
infrastructure and chargers at the customer's residence. The
proposal shall also include the calculation of the tariff
required for a cost recovery period equivalent to the warranty
of the charger and based on the description of inclusive
utility investment in subsection (b). The Commission shall
review the proposal as inclusive utility investments and
approve the charge proposed as a tariff in the customer's bill
ensuring customer protections.
Section 20.38. The Telecommunication Devices for the Deaf
Act is amended by changing Section 2 as follows:
(410 ILCS 55/2) (from Ch. 111 1/2, par. 4202)
Sec. 2. As used in this Act, unless the context otherwise
requires:
(a) "Telecommunication device for the deaf" means a

SB3936 - 541 - LRB103 40367 AWJ 72644 b
teletypewriter or other instrument for telecommunication in
which speaking or hearing is not required for communication.
(b) "Public Safety Agency" means any unit of local
government or special purpose district within the State which
has authority to provide firefighting, police, or other
emergency services.
(c) "Department" means the Department of Human Services.
(d) "Major public transportation site" means any airport
or railroad station in the State providing commercial rail or
airline service to the general public, that serves and is
located within 20 miles of a municipality with a population of
25,000 or more, except for any facility under the jurisdiction
of the Metropolitan Mobility Authority Commuter Rail Division
created by the Regional Transportation Authority Act or the
Chicago Transit Authority created by the Metropolitan Transit
Authority Act.
(e) "General traveling public" are individuals making use
of the commercial rail and airline services which are provided
at major public transportation sites.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 20.39. The Environmental Protection Act is amended
by changing Section 9.15 as follows:
(415 ILCS 5/9.15)
Sec. 9.15. Greenhouse gases.

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(a) An air pollution construction permit shall not be
required due to emissions of greenhouse gases if the
equipment, site, or source is not subject to regulation, as
defined by 40 CFR 52.21, as now or hereafter amended, for
greenhouse gases or is otherwise not addressed in this Section
or by the Board in regulations for greenhouse gases. These
exemptions do not relieve an owner or operator from the
obligation to comply with other applicable rules or
regulations.
(b) An air pollution operating permit shall not be
required due to emissions of greenhouse gases if the
equipment, site, or source is not subject to regulation, as
defined by Section 39.5 of this Act, for greenhouse gases or is
otherwise not addressed in this Section or by the Board in
regulations for greenhouse gases. These exemptions do not
relieve an owner or operator from the obligation to comply
with other applicable rules or regulations.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) As used in this Section:
"Carbon dioxide emission" means the plant annual CO2 total
output emission as measured by the United States Environmental
Protection Agency in its Emissions & Generation Resource
Integrated Database (eGrid), or its successor.
"Carbon dioxide equivalent emissions" or "CO2e" means the

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sum total of the mass amount of emissions in tons per year,
calculated by multiplying the mass amount of each of the 6
greenhouse gases specified in Section 3.207, in tons per year,
by its associated global warming potential as set forth in 40
CFR 98, subpart A, table A-1 or its successor, and then adding
them all together.
"Cogeneration" or "combined heat and power" refers to any
system that, either simultaneously or sequentially, produces
electricity and useful thermal energy from a single fuel
source.
"Copollutants" refers to the 6 criteria pollutants that
have been identified by the United States Environmental
Protection Agency pursuant to the Clean Air Act.
"Electric generating unit" or "EGU" means a fossil
fuel-fired stationary boiler, combustion turbine, or combined
cycle system that serves a generator that has a nameplate
capacity greater than 25 MWe and produces electricity for
sale.
"Environmental justice community" means the definition of
that term based on existing methodologies and findings, used
and as may be updated by the Illinois Power Agency and its
program administrator in the Illinois Solar for All Program.
"Equity investment eligible community" or "eligible
community" means the geographic areas throughout Illinois that
would most benefit from equitable investments by the State
designed to combat discrimination and foster sustainable

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economic growth. Specifically, eligible community means the
following areas:
(1) areas where residents have been historically
excluded from economic opportunities, including
opportunities in the energy sector, as defined as R3 areas
pursuant to Section 10-40 of the Cannabis Regulation and
Tax Act; and
(2) areas where residents have been historically
subject to disproportionate burdens of pollution,
including pollution from the energy sector, as established
by environmental justice communities as defined by the
Illinois Power Agency pursuant to the Illinois Power
Agency Act, excluding any racial or ethnic indicators.
"Equity investment eligible person" or "eligible person"
means the persons who would most benefit from equitable
investments by the State designed to combat discrimination and
foster sustainable economic growth. Specifically, eligible
person means the following people:
(1) persons whose primary residence is in an equity
investment eligible community;
(2) persons whose primary residence is in a
municipality, or a county with a population under 100,000,
where the closure of an electric generating unit or mine
has been publicly announced or the electric generating
unit or mine is in the process of closing or closed within
the last 5 years;

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(3) persons who are graduates of or currently enrolled
in the foster care system; or
(4) persons who were formerly incarcerated.
"Existing emissions" means:
(1) for CO2e, the total average tons-per-year of CO2e
emitted by the EGU or large GHG-emitting unit either in
the years 2018 through 2020 or, if the unit was not yet in
operation by January 1, 2018, in the first 3 full years of
that unit's operation; and
(2) for any copollutant, the total average
tons-per-year of that copollutant emitted by the EGU or
large GHG-emitting unit either in the years 2018 through
2020 or, if the unit was not yet in operation by January 1,
2018, in the first 3 full years of that unit's operation.
"Green hydrogen" means a power plant technology in which
an EGU creates electric power exclusively from electrolytic
hydrogen, in a manner that produces zero carbon and
copollutant emissions, using hydrogen fuel that is
electrolyzed using a 100% renewable zero carbon emission
energy source.
"Large greenhouse gas-emitting unit" or "large
GHG-emitting unit" means a unit that is an electric generating
unit or other fossil fuel-fired unit that itself has a
nameplate capacity or serves a generator that has a nameplate
capacity greater than 25 MWe and that produces electricity,
including, but not limited to, coal-fired, coal-derived,

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oil-fired, natural gas-fired, and cogeneration units.
"NOx emission rate" means the plant annual NOx total output
emission rate as measured by the United States Environmental
Protection Agency in its Emissions & Generation Resource
Integrated Database (eGrid), or its successor, in the most
recent year for which data is available.
"Public greenhouse gas-emitting units" or "public
GHG-emitting unit" means large greenhouse gas-emitting units,
including EGUs, that are wholly owned, directly or indirectly,
by one or more municipalities, municipal corporations, joint
municipal electric power agencies, electric cooperatives, or
other governmental or nonprofit entities, whether organized
and created under the laws of Illinois or another state.
"SO2 emission rate" means the "plant annual SO2 total
output emission rate" as measured by the United States
Environmental Protection Agency in its Emissions & Generation
Resource Integrated Database (eGrid), or its successor, in the
most recent year for which data is available.
(g) All EGUs and large greenhouse gas-emitting units that
use coal or oil as a fuel and are not public GHG-emitting units
shall permanently reduce all CO2e and copollutant emissions to
zero no later than January 1, 2030.
(h) All EGUs and large greenhouse gas-emitting units that
use coal as a fuel and are public GHG-emitting units shall
permanently reduce CO2e emissions to zero no later than
December 31, 2045. Any source or plant with such units must

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also reduce their CO2e emissions by 45% from existing
emissions by no later than January 1, 2035. If the emissions
reduction requirement is not achieved by December 31, 2035,
the plant shall retire one or more units or otherwise reduce
its CO2e emissions by 45% from existing emissions by June 30,
2038.
(i) All EGUs and large greenhouse gas-emitting units that
use gas as a fuel and are not public GHG-emitting units shall
permanently reduce all CO2e and copollutant emissions to zero,
including through unit retirement or the use of 100% green
hydrogen or other similar technology that is commercially
proven to achieve zero carbon emissions, according to the
following:
(1) No later than January 1, 2030: all EGUs and large
greenhouse gas-emitting units that have a NOx emissions
rate of greater than 0.12 lbs/MWh or a SO2 emission rate of
greater than 0.006 lb/MWh, and are located in or within 3
miles of an environmental justice community designated as
of January 1, 2021 or an equity investment eligible
community.
(2) No later than January 1, 2040: all EGUs and large
greenhouse gas-emitting units that have a NOx emission
rate of greater than 0.12 lbs/MWh or a SO2 emission rate
greater than 0.006 lb/MWh, and are not located in or
within 3 miles of an environmental justice community
designated as of January 1, 2021 or an equity investment

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eligible community. After January 1, 2035, each such EGU
and large greenhouse gas-emitting unit shall reduce its
CO2e emissions by at least 50% from its existing emissions
for CO2e, and shall be limited in operation to, on average,
6 hours or less per day, measured over a calendar year, and
shall not run for more than 24 consecutive hours except in
emergency conditions, as designated by a Regional
Transmission Organization or Independent System Operator.
(3) No later than January 1, 2035: all EGUs and large
greenhouse gas-emitting units that began operation prior
to the effective date of this amendatory Act of the 102nd
General Assembly and have a NOx emission rate of less than
or equal to 0.12 lb/MWh and a SO2 emission rate less than
or equal to 0.006 lb/MWh, and are located in or within 3
miles of an environmental justice community designated as
of January 1, 2021 or an equity investment eligible
community. Each such EGU and large greenhouse gas-emitting
unit shall reduce its CO2e emissions by at least 50% from
its existing emissions for CO2e no later than January 1,
2030.
(4) No later than January 1, 2040: All remaining EGUs
and large greenhouse gas-emitting units that have a heat
rate greater than or equal to 7000 BTU/kWh. Each such EGU
and Large greenhouse gas-emitting unit shall reduce its
CO2e emissions by at least 50% from its existing emissions
for CO2e no later than January 1, 2035.

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(5) No later than January 1, 2045: all remaining EGUs
and large greenhouse gas-emitting units.
(j) All EGUs and large greenhouse gas-emitting units that
use gas as a fuel and are public GHG-emitting units shall
permanently reduce all CO2e and copollutant emissions to zero,
including through unit retirement or the use of 100% green
hydrogen or other similar technology that is commercially
proven to achieve zero carbon emissions by January 1, 2045.
(k) All EGUs and large greenhouse gas-emitting units that
utilize combined heat and power or cogeneration technology
shall permanently reduce all CO2e and copollutant emissions to
zero, including through unit retirement or the use of 100%
green hydrogen or other similar technology that is
commercially proven to achieve zero carbon emissions by
January 1, 2045.
(k-5) No EGU or large greenhouse gas-emitting unit that
uses gas as a fuel and is not a public GHG-emitting unit may
emit, in any 12-month period, CO2e or copollutants in excess of
that unit's existing emissions for those pollutants.
(l) Notwithstanding subsections (g) through (k-5), large
GHG-emitting units including EGUs may temporarily continue
emitting CO2e and copollutants after any applicable deadline
specified in any of subsections (g) through (k-5) if it has
been determined, as described in paragraphs (1) and (2) of
this subsection, that ongoing operation of the EGU is
necessary to maintain power grid supply and reliability or

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ongoing operation of large GHG-emitting unit that is not an
EGU is necessary to serve as an emergency backup to
operations. Up to and including the occurrence of an emission
reduction deadline under subsection (i), all EGUs and large
GHG-emitting units must comply with the following terms:
(1) if an EGU or large GHG-emitting unit that is a
participant in a regional transmission organization
intends to retire, it must submit documentation to the
appropriate regional transmission organization by the
appropriate deadline that meets all applicable regulatory
requirements necessary to obtain approval to permanently
cease operating the large GHG-emitting unit;
(2) if any EGU or large GHG-emitting unit that is a
participant in a regional transmission organization
receives notice that the regional transmission
organization has determined that continued operation of
the unit is required, the unit may continue operating
until the issue identified by the regional transmission
organization is resolved. The owner or operator of the
unit must cooperate with the regional transmission
organization in resolving the issue and must reduce its
emissions to zero, consistent with the requirements under
subsection (g), (h), (i), (j), (k), or (k-5), as
applicable, as soon as practicable when the issue
identified by the regional transmission organization is
resolved; and

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(3) any large GHG-emitting unit that is not a
participant in a regional transmission organization shall
be allowed to continue emitting CO2e and copollutants
after the zero-emission date specified in subsection (g),
(h), (i), (j), (k), or (k-5), as applicable, in the
capacity of an emergency backup unit if approved by the
Illinois Commerce Commission.
(m) No variance, adjusted standard, or other regulatory
relief otherwise available in this Act may be granted to the
emissions reduction and elimination obligations in this
Section.
(n) By June 30 of each year, beginning in 2025, the Agency
shall prepare and publish on its website a report setting
forth the actual greenhouse gas emissions from individual
units and the aggregate statewide emissions from all units for
the prior year.
(o) Every 5 years beginning in 2025, the Environmental
Protection Agency, Illinois Power Agency, and Illinois
Commerce Commission shall jointly prepare, and release
publicly, a report to the General Assembly that examines the
State's current progress toward its renewable energy resource
development goals, the status of CO2e and copollutant
emissions reductions, the current status and progress toward
developing and implementing green hydrogen technologies, the
current and projected status of electric resource adequacy and
reliability throughout the State for the period beginning 5

SB3936 - 552 - LRB103 40367 AWJ 72644 b
years ahead, and proposed solutions for any findings. The
Environmental Protection Agency, Illinois Power Agency, and
Illinois Commerce Commission shall consult PJM
Interconnection, LLC and Midcontinent Independent System
Operator, Inc., or their respective successor organizations
regarding forecasted resource adequacy and reliability needs,
anticipated new generation interconnection, new transmission
development or upgrades, and any announced large GHG-emitting
unit closure dates and include this information in the report.
The report shall be released publicly by no later than
December 15 of the year it is prepared. If the Environmental
Protection Agency, Illinois Power Agency, and Illinois
Commerce Commission jointly conclude in the report that the
data from the regional grid operators, the pace of renewable
energy development, the pace of development of energy storage
and demand response utilization, transmission capacity, and
the CO2e and copollutant emissions reductions required by
subsection (i) or (k-5) reasonably demonstrate that a resource
adequacy shortfall will occur, including whether there will be
sufficient in-state capacity to meet the zonal requirements of
MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
regional transmission organizations, or that the regional
transmission operators determine that a reliability violation
will occur during the time frame the study is evaluating, then
the Illinois Power Agency, in conjunction with the
Environmental Protection Agency shall develop a plan to reduce

SB3936 - 553 - LRB103 40367 AWJ 72644 b
or delay CO2e and copollutant emissions reductions
requirements only to the extent and for the duration necessary
to meet the resource adequacy and reliability needs of the
State, including allowing any plants whose emission reduction
deadline has been identified in the plan as creating a
reliability concern to continue operating, including operating
with reduced emissions or as emergency backup where
appropriate. The plan shall also consider the use of renewable
energy, energy storage, demand response, transmission
development, or other strategies to resolve the identified
resource adequacy shortfall or reliability violation.
(1) In developing the plan, the Environmental
Protection Agency and the Illinois Power Agency shall hold
at least one workshop open to, and accessible at a time and
place convenient to, the public and shall consider any
comments made by stakeholders or the public. Upon
development of the plan, copies of the plan shall be
posted and made publicly available on the Environmental
Protection Agency's, the Illinois Power Agency's, and the
Illinois Commerce Commission's websites. All interested
parties shall have 60 days following the date of posting
to provide comment to the Environmental Protection Agency
and the Illinois Power Agency on the plan. All comments
submitted to the Environmental Protection Agency and the
Illinois Power Agency shall be encouraged to be specific,
supported by data or other detailed analyses, and, if

SB3936 - 554 - LRB103 40367 AWJ 72644 b
objecting to all or a portion of the plan, accompanied by
specific alternative wording or proposals. All comments
shall be posted on the Environmental Protection Agency's,
the Illinois Power Agency's, and the Illinois Commerce
Commission's websites. Within 30 days following the end of
the 60-day review period, the Environmental Protection
Agency and the Illinois Power Agency shall revise the plan
as necessary based on the comments received and file its
revised plan with the Illinois Commerce Commission for
approval.
(2) Within 60 days after the filing of the revised
plan at the Illinois Commerce Commission, any person
objecting to the plan shall file an objection with the
Illinois Commerce Commission. Within 30 days after the
expiration of the comment period, the Illinois Commerce
Commission shall determine whether an evidentiary hearing
is necessary. The Illinois Commerce Commission shall also
host 3 public hearings within 90 days after the plan is
filed. Following the evidentiary and public hearings, the
Illinois Commerce Commission shall enter its order
approving or approving with modifications the reliability
mitigation plan within 180 days.
(3) The Illinois Commerce Commission shall only
approve the plan if the Illinois Commerce Commission
determines that it will resolve the resource adequacy or
reliability deficiency identified in the reliability

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mitigation plan at the least amount of CO2e and copollutant
emissions, taking into consideration the emissions impacts
on environmental justice communities, and that it will
ensure adequate, reliable, affordable, efficient, and
environmentally sustainable electric service at the lowest
total cost over time, taking into account the impact of
increases in emissions.
(4) If the resource adequacy or reliability deficiency
identified in the reliability mitigation plan is resolved
or reduced, the Environmental Protection Agency and the
Illinois Power Agency may file an amended plan adjusting
the reduction or delay in CO2e and copollutant emission
reduction requirements identified in the plan.
(p) The goals of the State are to reduce greenhouse gas
emissions from the transportation sector in the State by at
least 80% from the 2005 level and achieve a net-zero emissions
transportation sector, both by 2050.
(1) An incremental goal of at least a 50% reduction in
greenhouse gas emissions from the transportation sector
below the year 2005 level by the year 2030 is hereby
established.
(2) By no later than September 30, 2025, the Agency
shall establish greenhouse gas emissions reduction targets
for the State transportation sector on a 5-year or more
frequent basis that will achieve these goals.
(3) The Agency shall set the first such emissions

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reduction target for no later than 2030, shall use 2005
emissions as the baseline year, and shall provide that
each 5-year target is at least 15 percentage points lower
and no more than 25 percentage points lower than the
immediately preceding 5-year target.
(4) The emissions reduction targets set by the Agency
must be by transportation mode, such as aerial transport
and highway transport, as the Agency deems appropriate
after consultation with the Department of Transportation.
(5) The Agency, in coordination with the Department of
Transportation, shall adopt rules establishing policies
and programs necessary for the State to achieve the
transportation sector greenhouse gas emissions reduction
goals and targets set forth in this subsection and in
subsection (c) of Section 2705-204 of the Department of
Transportation Law of the Civil Administrative Code of
Illinois. The rules may make changes to how the Department
of Transportation and MPOs plan, program, prioritize, and
fund transportation projects so that the State can achieve
the greenhouse gas emissions reduction goals and targets
set forth in this subsection and in subsection (c) of
Section 2705-204 of the Department of Transportation Law
of the Civil Administrative Code of Illinois.
(6) The Department of Transportation and MPOs in the
State shall ensure that their greenhouse gas emissions
reporting under Title 23, Part 490, of the Code of Federal

SB3936 - 557 - LRB103 40367 AWJ 72644 b
Regulations conforms to the greenhouse gas emissions
reduction goals and targets set forth in this subsection
and in subsection (c) of Section 2705-204 of the
Department of Transportation Law of the Civil
Administrative Code of Illinois.
(q) No later than June 30, 2025, the Agency, by rule, shall
establish a social cost of carbon, expressed in terms of
dollars per ton of CO2e.
(1) The social cost of carbon shall serve as a
monetary estimate of the value of not emitting a ton of
greenhouse gas emissions.
(2) In developing the social cost of carbon, the
Agency shall consider estimates of the social cost of
carbon issued or adopted by the federal government,
appropriate international bodies, or other appropriate and
reputable scientific organizations, but the social cost of
carbon adopted by the Agency must not be less than the
social cost of carbon adopted by the United States
Environmental Protection Agency.
(3) The Agency shall periodically update its estimate
of the social cost of carbon to reflect changes in data,
assumptions, and estimates, and it shall do so at least
once every 5 years.
(4) Except as otherwise provided by law, State
agencies shall use the social cost of carbon figure
established by the Agency for purposes of estimating the

SB3936 - 558 - LRB103 40367 AWJ 72644 b
cost associated with carbon-related emissions.
(Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)
Section 20.40. The Illinois Highway Code is amended by
changing Sections 5-701.8, 6-411.5, and 7-202.14 as follows:
(605 ILCS 5/5-701.8) (from Ch. 121, par. 5-701.8)
Sec. 5-701.8. Any county board may also turn over a
portion of the motor fuel tax funds allotted to it to:
(a) a local Mass Transit District if the county created
such District pursuant to the "Local Mass Transit District
Act", approved July 21, 1959, as now or hereafter amended;
(b) a local Transit Commission if such commission is
created pursuant to Section 14-101 of The Public Utilities
Act; or
(c) the Metropolitan Mobility Chicago Transit Authority
established pursuant to the Metropolitan Mobility
"Metropolitan Transit Authority Act", approved April 12, 1945,
as now or hereafter amended.
(Source: P.A. 85-1209.)
(605 ILCS 5/6-411.5)
Sec. 6-411.5. Contracts for public transportation. The
highway commissioner of each road district within the
territory of the Metropolitan Mobility Regional Transportation
Authority shall have authority, with the approval of the

SB3936 - 559 - LRB103 40367 AWJ 72644 b
township board of trustees, to contract with the Metropolitan
Mobility Regional Transportation Authority or a Service Board,
as defined in the Regional Transportation Authority Act, for
the purchase of public transportation services within the
district, upon such terms and conditions as may be mutually
agreed upon. The expenditure of road funds, collected under a
road district tax, to purchase public transportation services
constitutes a road purpose under this Code.
(Source: P.A. 89-347, eff. 1-1-96.)
(605 ILCS 5/7-202.14) (from Ch. 121, par. 7-202.14)
Sec. 7-202.14. Any municipality may by ordinance of the
corporate authorities turn over a portion of its allotment to:
(a) a local Mass Transit District if the municipality
created such a District pursuant to the "Local Mass Transit
District Act", approved July 21, 1959, as now or hereafter
amended;
(b) a local Transit Commission if the municipality
established such commission pursuant to Section 14-101 of The
Public Utilities Act; or
(c) the Metropolitan Mobility Chicago Transit Authority
established pursuant to the Metropolitan Mobility
"Metropolitan Transit Authority Act", approved April 12, 1945,
as now or hereafter amended.
(Source: P.A. 85-1209.)

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Section 20.41. The Toll Highway Act is amended by changing
Sections 3 and 19 as follows:
(605 ILCS 10/3) (from Ch. 121, par. 100-3)
Sec. 3. There is hereby created an Authority to be known as
The Illinois State Toll Highway Authority, which is hereby
constituted an instrumentality and an administrative agency of
the State of Illinois. The said Authority shall consist of the
following 11 directors: ; the Governor, and the Secretary of
the Department of Transportation, and the Chair of the
Metropolitan Mobility Authority as nonvoting directors ex
officio, and 9 voting directors appointed by the Governor with
the advice and consent of the Senate, from the State at large,
which said directors and their successors are hereby
authorized to carry out the provisions of this Act, and to
exercise the powers herein conferred. Of the 9 directors
appointed by the Governor, no more than 5 shall be members of
the same political party.
Notwithstanding any provision of law to the contrary, the
term of office of each director of the Authority serving on the
effective date of this amendatory Act of the 100th General
Assembly, other than the Governor and the Secretary of the
Department of Transportation, is abolished and a vacancy in
each office is created on the effective date of this
amendatory Act of the 100th General Assembly. The Governor
shall appoint directors to the Authority for the vacancies

SB3936 - 561 - LRB103 40367 AWJ 72644 b
created under this amendatory Act of the 100th General
Assembly by February 28, 2019. Directors whose terms are
abolished under this amendatory Act of the 100th General
Assembly shall be eligible for reappointment.
Vacancies shall be filled for the unexpired term in the
same manner as original appointments. All appointments shall
be in writing and filed with the Secretary of State as a public
record. It is the intention of this section that the
Governor's appointments shall be made with due consideration
to the location of proposed toll highway routes so that
maximum geographic representation from the areas served by
said toll highway routes may be accomplished insofar as
practicable. The said Authority shall have the power to
contract and be contracted with, to acquire, hold and convey
personal and real property or any interest therein including
rights-of-way rights of way, franchises and easements; to have
and use a common seal, and to alter the same at will; to make
and establish resolutions, by-laws, rules, rates and
regulations, and to alter or repeal the same as the Authority
shall deem necessary and expedient for the construction,
operation, relocation, regulation and maintenance of a system
of toll highways within and through the State of Illinois.
Appointment of the additional directors provided for by
this amendatory Act of 1980 shall be made within 30 days after
the effective date of this amendatory Act of 1980.
(Source: P.A. 100-1180, eff. 2-28-19.)

SB3936 - 562 - LRB103 40367 AWJ 72644 b
(605 ILCS 10/19) (from Ch. 121, par. 100-19)
Sec. 19. Toll rates. The Authority shall fix and revise
from time to time, tolls or charges or rates for the privilege
of using each of the toll highways constructed pursuant to
this Act. Such tolls shall be so fixed and adjusted at rates
calculated to provide the lowest reasonable toll rates that
will provide funds sufficient with other revenues of the
Authority to pay, (a) the cost of the construction of a toll
highway authorized by joint resolution of the General Assembly
pursuant to Section 14.1 and the reconstruction, major repairs
or improvements of toll highways, (b) the cost of maintaining,
repairing, regulating and operating the toll highways
including only the necessary expenses of the Authority, and
(c) the principal of all bonds, interest thereon and all
sinking fund requirements and other requirements provided by
resolutions authorizing the issuance of the bonds as they
shall become due. In fixing the toll rates pursuant to this
Section 19 and Section 10(c) of this Act, the Authority shall
take into account the effect of the provisions of this Section
19 permitting the use of the toll highway system without
payment of the covenants of the Authority contained in the
resolutions and trust indentures authorizing the issuance of
bonds of the Authority. No such provision permitting the use
of the toll highway system without payment of tolls after the
date of this amendatory Act of the 95th General Assembly shall

SB3936 - 563 - LRB103 40367 AWJ 72644 b
be applied in a manner that impairs the rights of bondholders
pursuant to any resolution or trust indentures authorizing the
issuance of bonds of the Authority. The use and disposition of
any sinking or reserve fund shall be subject to such
regulation as may be provided in the resolution or trust
indenture authorizing the issuance of the bonds. Subject to
the provisions of any resolution or trust indenture
authorizing the issuance of bonds any moneys in any such
sinking fund in excess of an amount equal to one year's
interest on the bonds then outstanding secured by such sinking
fund may be applied to the purchase or redemption of bonds. All
such bonds so redeemed or purchased shall forthwith be
cancelled and shall not again be issued. No person shall be
permitted to use any toll highway without paying the toll
established under this Section except when on official Toll
Highway Authority business which includes police and other
emergency vehicles. However, any law enforcement agency
vehicle, fire department vehicle, public or private ambulance
service vehicle engaged in the performance of an emergency
service or duty that necessitates the use of the toll highway
system, or other emergency vehicle that is plainly marked
shall not be required to pay a toll to use a toll highway. A
law enforcement, fire protection, or emergency services
officer driving a law enforcement, fire protection, emergency
services agency vehicle, or public or private ambulance
service vehicle engaging in the performance of emergency

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services or duties that is not plainly marked must present an
Official Permit Card which the law enforcement, fire
protection, or emergency services officer receives from his or
her law enforcement, fire protection, emergency services
agency, or public or private ambulance service in order to use
a toll highway without paying the toll. A law enforcement,
fire protection, emergency services agency, or public or
private ambulance service engaging in the performance of
emergency services or duties must apply to the Authority to
receive a permit, and the Authority shall adopt rules for the
issuance of a permit, that allows public or private ambulance
service vehicles engaged in the performance of emergency
services or duties that necessitate the use of the toll
highway system and all law enforcement, fire protection, or
emergency services agency vehicles of the law enforcement,
fire protection, or emergency services agency to use any toll
highway without paying the toll established under this
Section. The Authority shall maintain in its office a list of
all persons that are authorized to use any toll highway
without charge when on official business of the Authority and
such list shall be open to the public for inspection. In
recognition of the unique role of public transportation in
providing effective transportation in the Authority's service
region, and to give effect to the exemption set forth in
subsection (b) of Section 4.06 2.06 of the Metropolitan
Mobility Regional Transportation Authority Act, the following

SB3936 - 565 - LRB103 40367 AWJ 72644 b
vehicles may use any toll highway without paying the toll: (1)
a vehicle owned or operated by the Suburban Bus Division of the
Metropolitan Mobility Regional Transportation Authority that
is being used to transport passengers for hire; and (2) any
revenue vehicle that is owned or operated by a Mass Transit
District created under Section 3 of the Local Mass Transit
District Act and running regular scheduled service.
Among other matters, this amendatory Act of 1990 is
intended to clarify and confirm the prior intent of the
General Assembly to allow toll revenues from the toll highway
system to be used to pay a portion of the cost of the
construction of the North-South Toll Highway authorized by
Senate Joint Resolution 122 of the 83rd General Assembly in
1984.
(Source: P.A. 100-739, eff. 1-1-19.)
Section 20.42. The Illinois Aeronautics Act is amended by
changing Section 49.1 as follows:
(620 ILCS 5/49.1) (from Ch. 15 1/2, par. 22.49a)
Sec. 49.1. Creation of hazards. No person may create or
construct any airport hazard which obstructs a restricted
landing area or residential airport that (1) serves 20 or more
based aircraft, and (2) is located within the "metropolitan
region" as that term is defined in the Metropolitan Mobility
Regional Transportation Authority Act. For the purpose of this

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Section, "based aircraft" are aircraft that are regularly
hangared or tied-down at the restricted landing area or
residential airport, or that use it as their primary base of
operation. As used in this Section 49.1, "restricted landing
area" or "residential airport" shall have the meaning set
forth in regulations of the Department in effect on the
effective date of this amendatory Act of 1989, but shall not
include amendments of the regulations adopted by the
Department thereafter.
(Source: P.A. 86-963.)
Section 20.43. The Illinois Vehicle Code is amended by
changing Sections 1-209.3, 8-102, 11-709.2, and 18c-7402 and
by adding Sections 12-830, 13C-21, and 18c-1206 as follows:
(625 ILCS 5/1-209.3)
Sec. 1-209.3. Transit bus. A bus engaged in public
transportation as defined by the Metropolitan Mobility
Regional Transportation Authority Act and authorized by the
Department to be used on specifically designated roadway
shoulders.
(Source: P.A. 97-292, eff. 8-11-11.)
(625 ILCS 5/8-102) (from Ch. 95 1/2, par. 8-102)
Sec. 8-102. Alternate methods of giving proof.
(a) Except as provided in subsection (b), proof of

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financial responsibility, when required under Section 8-101 or
8-101.1, may be given by filing with the Secretary of State one
of the following:
1. A bond as provided in Section 8-103;
2. An insurance policy or other proof of insurance in
a form to be prescribed by the Secretary as provided in
Section 8-108;
3. A certificate of self-insurance issued by the
Director;
4. A certificate of self-insurance issued to the
Metropolitan Mobility Regional Transportation Authority by
the Director naming municipal or non-municipal public
carriers included therein;
5. A certificate of coverage issued by an
intergovernmental risk management association evidencing
coverages which meet or exceed the amounts required under
this Code.
(b) Beginning January 1, 2020, in lieu of filing the
documents required by subsection (a), each owner of a vehicle
required to obtain minimum liability insurance under Section
8-101 or 8-101.1 shall attest that the vehicle is insured in at
least the minimum required amount.
(1) The Secretary shall create a form on which the
vehicle owner shall attest that the vehicle is insured in
at least the minimum required amount. The attestation form
shall be submitted with each registration application.

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(2) The attestation form shall be valid for the full
registration period; however, if at any time the Secretary
has reason to believe that the owner does not have the
minimum required amount of insurance for a vehicle, the
Secretary may require the owner to file with the Secretary
documentation as set forth in subsection (a) of this
Section.
(3) If the owner fails to provide the required
documentation within 7 calendar days after the request is
made, the Secretary may suspend the vehicle registration.
The registration shall remain suspended until such time as
the required documentation is provided to and reviewed by
the Secretary.
(4) The owner of a vehicle that is self-insured shall
attest that the funds available to pay liability claims
related to the operation of the vehicle are equivalent to
or greater than the minimum liability insurance
requirements under Section 8-101 or 8-101.1.
(c) The Secretary of State may adopt rules to implement
this Section.
(Source: P.A. 100-986, eff. 1-1-21.)
(625 ILCS 5/11-709.2)
Sec. 11-709.2. Bus on shoulder program.
(a) The use of specifically designated shoulders of
roadways by transit buses may be authorized by the Department

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in cooperation with the Metropolitan Mobility Regional
Transportation Authority and the Suburban Bus Division of the
Regional Transportation Authority. The Department shall
prescribe by rule which transit buses are authorized to
operate on shoulders, as well as times and locations. The
Department may erect signage to indicate times and locations
of designated shoulder usage.
(b) (Blank).
(c) (Blank).
(Source: P.A. 98-756, eff. 7-16-14; 98-871, eff. 8-11-14;
99-78, eff. 7-20-15.)
(625 ILCS 5/12-830 new)
Sec. 12-830. Electric school buses.
(a) In this Section:
"Displaced worker" means any employee whose most recent
separation from active service was due to lack of business, a
reduction in force, or other economic, nondisciplinary reason
related to the transition from the fossil-fuel reliant
vehicles to zero-emission or near zero-emissions vehicles.
"Individual facing barriers to employment" means either of
the following:
(A) An individual with a barrier to employment as
defined by 29 U.S.C. 3102(24).
(B) An individual from a demographic group that
represents less than 30% of their relevant industry

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workforce according to the United States Bureau of Labor
Statistics.
"Non-temporary job" means a job other than those
classified as "day and temporary labor" as defined in the Day
and Temporary Labor Services Act.
"Repower" means to replace the internal combustion engine
in a vehicle with a zero-emission powertrain.
"School bus" means every on-road motor vehicle owned or
operated by or for the transportation of persons regularly
enrolled as students in grade 12 or below in connection with
any activity of such entities as defined in Section 1-182 of
the Illinois Vehicle Code.
"Zero-emission vehicle" means vehicles powered with a
zero-emission powertrain that produces zero exhaust emissions
of any criteria pollutant, precursor pollutant, or greenhouse
gas in any mode of operation or condition, as determined by the
Illinois Environmental Protection Agency.
(b) Notwithstanding any other provision of law, all school
buses newly purchased or leased, including by contractors,
after January 1, 2030 must be a manufactured or repowered
zero-emission vehicle.
(c) On or before January 1, 2042, all school buses
operated in the State must be a manufactured or repowered
zero-emission vehicle.
(d) Notwithstanding the provisions of this Section, a
school bus owner may purchase a new internal combustion school

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bus instead of a zero-emission school bus if, due to both
terrain and route constraints, the school bus owner can
reasonably demonstrate that a daily planned bus route for
transporting pupils to and from school cannot be serviced
through available zero-emission technology in the period in
which the exemption is sought. A school bus owner may not be
penalized for not taking immediate delivery of ordered
zero-emission vehicles for one year due to a construction
delay beyond the control of the governmental unit.
(1) Infrastructure Construction Delay Extension.
Excuses the school bus owner from taking immediate
delivery of ordered zero-emission vehicles for one year
due to a construction delay beyond the owners control.
(2) Route Service Exemption. Allows the purchase or
contracting of an internal combustion school bus instead
of a zero-emission school bus if, due to both terrain and
route constraints, the school bus owner can reasonably
demonstrate that a daily planned bus route for
transporting pupils to and from school cannot be serviced
through available zero-emission technology in the period
in which the exemption is sought.
(e) Beginning January 1, 2026, all master agreements by
governmental units for the purchase of electric school buses,
and all other contracts by governmental units for the purchase
of electric school buses with a base-buy value of $1,000,000
or more, shall be awarded using a competitive best-value

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procurement process; and shall require bidders to submit a
United States Jobs Plan as part of their solicitation
responses.
(1) The United States Jobs Plan shall include the
following information:
(A) The number of full-time non-temporary jobs
proposed to be retained and created, including an
accounting of the positions classified as employees,
and positions classified as independent contractors.
(B) The number of jobs specifically reserved for
individuals facing barriers to employment and the
number reserved for displaced workers.
(C) The minimum wage levels by job classification
for non-supervisory workers.
(D) Proposed amounts to be paid for fringe
benefits by job classification and the proposed
amounts for worker training by job classification.
(E) Description of what manuals, trainings, and
other resources would be provided to ensure existing
public employees are trained on the service,
maintenance, and operation of the purchased vehicles.
(F) If a federal authority specifically authorizes
use of a geographic preference or when State or local
funds are used to fund a contract, proposed local jobs
created in the State or within an existing facility in
the State that are related to the manufacturing of

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zero-emission and near zero-emissions vehicles and
vehicles and related equipment.
(2) The United States Jobs Plan shall be scored as a
part of the overall application for the covered public
contract. The content of United States Jobs Plans shall be
incorporated as material terms of the final contract. The
United States Jobs Plan and compliance documents shall be
made available to the public and subject to full
disclosure under the Freedom of Information Act.
(3) Contracting entities shall be required to submit
annual United States Jobs Plan reports to contracting
public agencies demonstrating compliance with their United
States Jobs Plan commitments.
(f) This Section does not apply to a contract awarded
based on a solicitation issued before January 1, 2026.
(625 ILCS 5/13C-21 new)
Sec. 13C-21. Vehicle emissions testing standards.
(a) The purpose of this Section is to establish standards
relating to control of emissions from new motor vehicles and
motor vehicle engines. Establishing targets for the sale of
zero-emission vehicles is needed to meet State goals, address
greenhouse gas and criteria pollutant emissions, and provide
market certainty to help prepare the grid and alternative
fueling infrastructure for the zero-emission vehicle
transition.

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(b) By no later than December 1, 2025, the Illinois
Environmental Protection Agency shall adopt rules to implement
motor vehicle emission standards that are identical in
substance to the following motor vehicle emission standards in
force in California on the effective date of this amendatory
Act of the 103rd General Assembly:
(1) the zero-emission vehicle program of the advanced
clean cars II program;
(2) the low-emission vehicle program of the advanced
clean cars II program;
(3) the advanced clean trucks program; and
(4) the heavy-duty low oxides of nitrogen omnibus
program.
(c) If the California standards described in subsection
(b) are subsequently amended, the Illinois Environmental
Protection Agency shall, within 6 months of such amendment,
amend its standards to maintain consistency with the amended
California standards and Section 177 of the Clean Air Act.
(d) In adopting the standards described in subsections (b)
and (c), the Illinois Environmental Protection Agency may
incorporate the relevant California motor vehicle standards by
reference.
(625 ILCS 5/18c-1206 new)
Sec. 18c-1206. Large fleet reporting requirement.
(a) The purpose of this Section is to establish reporting

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requirements for motor carriers in the State to gather data on
the transition of medium and heavy-duty vehicles to
zero-emission vehicles over time. This public data will
provide regulators and government agencies the information
necessary to identify the hardest to electrify sectors and
invest public dollars responsibly.
(b) In this Section:
"Common ownership or control" means being owned,
dispatched, or managed on a day-to-day basis by the same
person or entity. Vehicles managed by the same directors,
officers, or managers, or by distinct corporations that are
controlled by the same majority stockholders are considered to
be under common ownership or control, even if their titles are
held by different business entities or they have different
taxpayer identification numbers. Furthermore, a vehicle is
considered to be under an entity's control if that entity
operates the vehicle using that entity's State or federal
operating authority or other registration. Vehicles owned by
different entities but operated by using common or shared
resources to manage the day-to-day operations by using the
same motor carrier number, displaying the same name or logo,
or contractors who represent the same company are considered
to be under common ownership or control. Common ownership or
control of a federal government vehicle shall be the primary
responsibility of the governmental agency that is directly
responsible for the day-to-day operational control of the

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vehicle.
"Drayage truck" means any in-use on-road vehicle with a
GVWR greater than 33,000 lbs. that is used for transporting
cargo, such as containerized, bulk, or break-bulk goods that:
(A) Operates on or transgresses through an Illinois
port, warehouse of 30,000 square feet or larger, or
intermodal railyard property to load, unload, or transport
cargo, including empty containers and chassis.
(B) Operates on off-port or intermodal railyard
property transporting cargo or empty containers or chassis
that originated from or is destined to a port or
intermodal railyard property.
"Drayage truck" does not include trucks that are any of
the following:
(A) Class 6 or smaller.
(B) Unibody vehicles that do not have separate tractor
and trailers and include but are not limited to dedicated
auto transports, dedicated fuel delivery vehicles,
concrete mixers, and on-road mobile cranes.
(C) Emergency vehicles.
(D) Military tactical support vehicles.
(E) Off-road vehicles such as a yard truck or a mobile
crane.
"Fleet" means one or more vehicles owned by a fleet owner
or under common ownership or control of a controlling party.
It also includes rental or leased vehicles that are considered

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owned by the "fleet owner."
"Fleet owner" means the person or entity that owns the
vehicles comprising the fleet. The owner shall be presumed to
be either the person registered with the Secretary of State as
the owner or lessee of a vehicle, or its equivalent in another
state, province, or country; vehicle ownership is based on the
vehicle registration document or the vehicle title, except for
the following:
(A) For vehicles that are owned by the federal
government and not registered in any State or local
jurisdiction, the owner shall be the department, agency,
branch, or other entity of the United States, including
the United States Postal Service, to which the vehicles in
the fleet are assigned or which has responsibility for
maintenance of the vehicles.
(B) For vehicles that are rented or leased from a
business that is regularly engaged in the trade or
business of renting or leasing motor vehicles without
drivers, including truck leases that are part of a bundled
service agreement, the owner shall be presumed to be the
rental or leasing entity for purposes of compliance,
unless the rental or lease agreement for the vehicle is
for a period of one year or longer and the terms of the
rental or lease agreement or other equally reliable
evidence identifies the renting operator or lessee of the
vehicle as the party responsible for compliance with State

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laws.
"Medium and Heavy-Duty Vehicle" refers to vehicles with a
gross vehicle weight rating greater than 8500 lbs.
"School bus" means every on-road motor vehicle owned or
operated by or for the transportation of persons regularly
enrolled as students in grade 12 or below in connection with
any activity of such entities as defined in Section 1-182 of
the Illinois Motor Vehicle Act.
"Transit Bus" means a bus engaged in public transportation
as defined by the Regional Transportation Authority Act.
(c) By no later than December 1, 2024, the Illinois
Commerce Commission shall adopt reporting metrics for large
medium and heavy-duty vehicle fleets operating in Illinois.
The Commission shall establish rules and processes for the
metrics and for eligible entities to report vehicle and fuel
information to inform the transition to zero-emission
vehicles. The rules must include significant public and
stakeholder engagement before finalization. The Commission
shall adhere to the following in creating the rules:
(1) Establish reporting metrics that prioritize public
health and climate outcomes for disadvantaged communities.
The final metrics shall provide useful and publicly
available information to inform State incentives, utility
planning, and infrastructure investments for the
zero-emission vehicle transition for communities most
burdened by vehicle traffic. At a minimum, required

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reporting metrics must include:
(A) Fleet Size.
(B) Vehicle Body Type.
(C) Fuel Type.
(D) Vehicle Home Base.
(2) Establish eligible entities as a fleet that
operated a facility in Illinois in 2023 and met, at a
minimum, any of the following criteria:
(A) had gross annual revenues greater than
$20,000,000 in the United States for the 2023 tax
year, including revenues from all subsidiaries,
subdivisions, or branches, and had one or more
vehicles under common ownership or control that were
operated in Illinois in 2023;
(B) any fleet owner in the 2023 calendar year that
had 5 or more vehicles under common ownership or
control;
(C) any broker or entity that dispatched 5 or more
vehicles into or throughout Illinois, in the 2023
calendar year;
(D) any State governmental agency, including all
State and local municipalities that had one or more
vehicles that were operated in Illinois in 2023; or
(E) any federal governmental agency that had one
or more vehicles that were operated in Illinois in
2023.

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(3) Establish reporting frequency of 2 years for all
eligible entities. The results of the reporting are made
publicly available in an easy to understand and anonymized
form before the subsequent reporting requirement.
(4) Establish a specific program for drayage vehicles
in this State, with a reporting frequency of one year.
(5) Provide opportunity for public comment and
engagement before each reporting period begins.
(6) Establish penalties for non-compliance.
(7) Establish a sunset provision for reporting that is
conditioned upon this State reaching 100% zero-emission
vehicles.
(625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
Sec. 18c-7402. Safety requirements for railroad
operations.
(1) Obstruction of crossings.
(a) Obstruction of emergency vehicles. Every railroad
shall be operated in such a manner as to minimize
obstruction of emergency vehicles at crossings. Where such
obstruction occurs and the train crew is aware of the
obstruction, the train crew shall immediately take any
action, consistent with safe operating procedure,
necessary to remove the obstruction. In the Chicago and
St. Louis switching districts, every railroad dispatcher
or other person responsible for the movement of railroad

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equipment in a specific area who receives notification
that railroad equipment is obstructing the movement of an
emergency vehicle at any crossing within such area shall
immediately notify the train crew through use of existing
communication facilities. Upon notification, the train
crew shall take immediate action in accordance with this
paragraph.
(b) Obstruction of highway at-grade at grade crossing
prohibited. It is unlawful for a rail carrier to permit
any train, railroad car or engine to obstruct public
travel at a railroad-highway grade crossing for a period
in excess of 10 minutes, except where such train or
railroad car is continuously moving or cannot be moved by
reason of circumstances over which the rail carrier has no
reasonable control.
In a county with a population of greater than
1,000,000, as determined by the most recent federal
census, during the hours of 7:00 a.m. through 9:00 a.m.
and 4:00 p.m. through 6:00 p.m. it is unlawful for a rail
carrier to permit any single train or railroad car to
obstruct public travel at a railroad-highway grade
crossing in excess of a total of 10 minutes during a
30-minute 30 minute period, except where the train or
railroad car cannot be moved by reason or circumstances
over which the rail carrier has no reasonable control.
Under no circumstances will a moving train be stopped for

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the purposes of issuing a citation related to this
Section.
However, no employee acting under the rules or orders
of the rail carrier or its supervisory personnel may be
prosecuted for a violation of this subsection (b).
(c) Punishment for obstruction of grade crossing. Any
rail carrier violating paragraph (b) of this subsection
shall be guilty of a petty offense and fined not less than
$200 nor more than $500 if the duration of the obstruction
is in excess of 10 minutes but no longer than 15 minutes.
If the duration of the obstruction exceeds 15 minutes the
violation shall be a business offense and the following
fines shall be imposed: if the duration of the obstruction
is in excess of 15 minutes but no longer than 20 minutes,
the fine shall be $500; if the duration of the obstruction
is in excess of 20 minutes but no longer than 25 minutes,
the fine shall be $700; if the duration of the obstruction
is in excess of 25 minutes, but no longer than 30 minutes,
the fine shall be $900; if the duration of the obstruction
is in excess of 30 minutes but no longer than 35 minutes,
the fine shall be $1,000; if the duration of the
obstruction is in excess of 35 minutes, the fine shall be
$1,000 plus an additional $500 for each 5 minutes of
obstruction in excess of 25 minutes of obstruction.
(2) Other operational requirements.
(a) Bell and whistle-crossings. Every rail carrier

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shall cause a bell, and a whistle or horn to be placed and
kept on each locomotive, and shall cause the same to be
rung or sounded by the engineer or fireman, at the
distance of at least 1,320 feet, from the place where the
railroad crosses or intersects any public highway, and
shall be kept ringing or sounding until the highway is
reached; provided that at crossings where the Commission
shall by order direct, only after a hearing has been held
to determine the public is reasonably and sufficiently
protected, the rail carrier may be excused from giving
warning provided by this paragraph.
(a-5) The requirements of paragraph (a) of this
subsection (2) regarding ringing a bell and sounding a
whistle or horn do not apply at a railroad crossing that
has a permanently installed automated audible warning
device authorized by the Commission under Section
18c-7402.1 that sounds automatically when an approaching
train is at least 1,320 feet from the crossing and that
keeps sounding until the lead locomotive has crossed the
highway. The engineer or fireman may ring the bell or
sound the whistle or horn at a railroad crossing that has a
permanently installed audible warning device.
(b) Speed limits. Each rail carrier shall operate its
trains in compliance with speed limits set by the
Commission. The Commission may set train speed limits only
where such limits are necessitated by extraordinary

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circumstances affecting the public safety, and shall
maintain such train speed limits in effect only for such
time as the extraordinary circumstances prevail.
The Commission and the Department of Transportation
shall conduct a study of the relation between train speeds
and railroad-highway grade crossing safety. The Commission
shall report the findings of the study to the General
Assembly no later than January 5, 1997.
(c) Special speed limit; pilot project. The Commission
and the Board of the Metropolitan Mobility Authority
Commuter Rail Division of the Regional Transportation
Authority shall conduct a pilot project in the Village of
Fox River Grove, the site of the fatal school bus crash at
a railroad crossing on October 25, 1995, in order to
improve railroad crossing safety. For this project, the
Commission is directed to set the maximum train speed
limit for Metropolitan Mobility Regional Transportation
Authority trains at 50 miles per hour at intersections on
that portion of the intrastate rail line located in the
Village of Fox River Grove. If the Metropolitan Mobility
Regional Transportation Authority deliberately fails to
comply with this maximum speed limit, then any entity,
governmental or otherwise, that provides capital or
operational funds to the Metropolitan Mobility Regional
Transportation Authority shall appropriately reduce or
eliminate that funding. The Commission shall report to the

SB3936 - 585 - LRB103 40367 AWJ 72644 b
Governor and the General Assembly on the results of this
pilot project in January 1999, January 2000, and January
2001. The Commission shall also submit a final report on
the pilot project to the Governor and the General Assembly
in January 2001. The provisions of this subsection (c),
other than this sentence, are inoperative after February
1, 2001.
(d) Freight train crew size. No rail carrier shall
operate or cause to operate a train or light engine used in
connection with the movement of freight unless it has an
operating crew consisting of at least 2 individuals. The
minimum freight train crew size indicated in this
subsection (d) shall remain in effect until a federal law
or rule encompassing the subject matter has been adopted.
The Commission, with respect to freight train crew member
size under this subsection (d), has the power to conduct
evidentiary hearings, make findings, and issue and enforce
orders, including sanctions under Section 18c-1704 of this
Chapter. As used in this subsection (d), "train or light
engine" does not include trains operated by a hostler
service or utility employees.
(3) Report and investigation of rail accidents.
(a) Reports. Every rail carrier shall report to the
Commission, by the speediest means possible, whether
telephone, telegraph, or otherwise, every accident
involving its equipment, track, or other property which

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resulted in loss of life to any person. In addition, such
carriers shall file a written report with the Commission.
Reports submitted under this paragraph shall be strictly
confidential, shall be specifically prohibited from
disclosure, and shall not be admissible in any
administrative or judicial proceeding relating to the
accidents reported.
(b) Investigations. The Commission may investigate all
railroad accidents reported to it or of which it acquires
knowledge independent of reports made by rail carriers,
and shall have the power, consistent with standards and
procedures established under the Federal Railroad Safety
Act, as amended, to enter such temporary orders as will
minimize the risk of future accidents pending notice,
hearing, and final action by the Commission.
(Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23.)
Section 20.44. The Criminal Code of 2012 is amended by
changing Section 21-5 as follows:
(720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
Sec. 21-5. Criminal trespass to State supported land.
(a) A person commits criminal trespass to State supported
land when he or she enters upon land supported in whole or in
part with State funds, or federal funds administered or
granted through State agencies or any building on the land,

SB3936 - 587 - LRB103 40367 AWJ 72644 b
after receiving, prior to the entry, notice from the State or
its representative that the entry is forbidden, or remains
upon the land or in the building after receiving notice from
the State or its representative to depart, and who thereby
interferes with another person's lawful use or enjoyment of
the building or land.
A person has received notice from the State within the
meaning of this subsection if he or she has been notified
personally, either orally or in writing, or if a printed or
written notice forbidding entry to him or her or a group of
which he or she is a part, has been conspicuously posted or
exhibited at the main entrance to the land or the forbidden
part thereof.
(a-5) A person commits criminal trespass to State
supported land when he or she enters upon a right-of-way right
of way, including facilities and improvements thereon, owned,
leased, or otherwise used by a public body or district
organized under the Metropolitan Transit Authority Act, the
Local Mass Transit District Act, or the Metropolitan Mobility
Regional Transportation Authority Act, after receiving, prior
to the entry, notice from the public body or district, or its
representative, that the entry is forbidden, or the person
remains upon the right-of-way right of way after receiving
notice from the public body or district, or its
representative, to depart, and in either of these instances
intends to compromise public safety by causing a delay in

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transit service lasting more than 15 minutes or destroying
property.
A person has received notice from the public body or
district within the meaning of this subsection if he or she has
been notified personally, either orally or in writing, or if a
printed or written notice forbidding entry to him or her has
been conspicuously posted or exhibited at any point of
entrance to the right-of-way right of way or the forbidden
part of the right-of-way right of way.
As used in this subsection (a-5), "right-of-way right of
way" has the meaning ascribed to it in Section 18c-7502 of the
Illinois Vehicle Code.
(b) A person commits criminal trespass to State supported
land when he or she enters upon land supported in whole or in
part with State funds, or federal funds administered or
granted through State agencies or any building on the land by
presenting false documents or falsely representing his or her
identity orally to the State or its representative in order to
obtain permission from the State or its representative to
enter the building or land; or remains upon the land or in the
building by presenting false documents or falsely representing
his or her identity orally to the State or its representative
in order to remain upon the land or in the building, and who
thereby interferes with another person's lawful use or
enjoyment of the building or land.
This subsection does not apply to a peace officer or other

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official of a unit of government who enters upon land
supported in whole or in part with State funds, or federal
funds administered or granted through State agencies or any
building on the land in the performance of his or her official
duties.
(c) Sentence. Criminal trespass to State supported land is
a Class A misdemeanor, except a violation of subsection (a-5)
of this Section is a Class A misdemeanor for a first violation
and a Class 4 felony for a second or subsequent violation.
(Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15.)
Section 20.45. The Eminent Domain Act is amended by
changing Section 15-5-15 and adding Section 15-5-49 as
follows:
(735 ILCS 30/15-5-15)
Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
through 75. The following provisions of law may include
express grants of the power to acquire property by
condemnation or eminent domain:
(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
authorities; for public airport facilities.
(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
authorities; for removal of airport hazards.
(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport

SB3936 - 590 - LRB103 40367 AWJ 72644 b
authorities; for reduction of the height of objects or
structures.
(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
airport authorities; for general purposes.
(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
Act; Kankakee River Valley Area Airport Authority; for
acquisition of land for airports.
(70 ILCS 200/2-20); Civic Center Code; civic center
authorities; for grounds, centers, buildings, and parking.
(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
District Civic Center Authority; for grounds, centers,
buildings, and parking.
(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic

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Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/60-30); Civic Center Code; Collinsville
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/80-15); Civic Center Code; DuPage County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
Center Authority; for grounds, centers, buildings, and
parking.

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(70 ILCS 200/120-25); Civic Center Code; Jefferson County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/165-35); Civic Center Code; Melrose Park
Metropolitan Exposition Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
Exposition, Auditorium and Office Building Authorities;
for general purposes.
(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center

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Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/230-35); Civic Center Code; River Forest
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/235-40); Civic Center Code; Riverside Civic
Center Authority; for grounds, centers, buildings, and
parking.

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(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/255-20); Civic Center Code; Springfield
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.
(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/265-20); Civic Center Code; Vermilion County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/280-20); Civic Center Code; Will County
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.
(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
Act; Metropolitan Pier and Exposition Authority; for
general purposes, including quick-take power.
(70 ILCS 405/22.04); Soil and Water Conservation Districts
Act; soil and water conservation districts; for general
purposes.
(70 ILCS 410/10 and 410/12); Conservation District Act;

SB3936 - 595 - LRB103 40367 AWJ 72644 b
conservation districts; for open space, wildland, scenic
roadway, pathway, outdoor recreation, or other
conservation benefits.
(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
Redevelopment Commission Act; Chanute-Rantoul National
Aviation Center Redevelopment Commission; for general
purposes.
(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
Fort Sheridan Redevelopment Commission; for general
purposes or to carry out comprehensive or redevelopment
plans.
(70 ILCS 520/8); Southwestern Illinois Development Authority
Act; Southwestern Illinois Development Authority; for
general purposes, including quick-take power.
(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
drainage districts; for general purposes.
(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
corporate authorities; for construction and maintenance of
works.
(70 ILCS 705/10); Fire Protection District Act; fire
protection districts; for general purposes.
(70 ILCS 750/20); Flood Prevention District Act; flood
prevention districts; for general purposes.
(70 ILCS 805/6); Downstate Forest Preserve District Act;
certain forest preserve districts; for general purposes.
(70 ILCS 805/18.8); Downstate Forest Preserve District Act;

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certain forest preserve districts; for recreational and
cultural facilities.
(70 ILCS 810/8); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for general
purposes.
(70 ILCS 810/38); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for recreational
facilities.
(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
districts; for hospitals or hospital facilities.
(70 ILCS 915/3); Illinois Medical District Act; Illinois
Medical District Commission; for general purposes.
(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
Medical District Commission; quick-take power for the
Illinois State Police Forensic Science Laboratory
(obsolete).
(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
tuberculosis sanitarium districts; for tuberculosis
sanitariums.
(70 ILCS 925/20); Mid-Illinois Medical District Act;
Mid-Illinois Medical District; for general purposes.
(70 ILCS 930/20); Mid-America Medical District Act;
Mid-America Medical District Commission; for general
purposes.
(70 ILCS 935/20); Roseland Community Medical District Act;
medical district; for general purposes.

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(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
abatement districts; for general purposes.
(70 ILCS 1105/8); Museum District Act; museum districts; for
general purposes.
(70 ILCS 1205/7-1); Park District Code; park districts; for
streets and other purposes.
(70 ILCS 1205/8-1); Park District Code; park districts; for
parks.
(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
districts; for airports and landing fields.
(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
districts; for State land abutting public water and
certain access rights.
(70 ILCS 1205/11.1-3); Park District Code; park districts; for
harbors.
(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
park districts; for street widening.
(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water
Control Act; park districts; for parks, boulevards,
driveways, parkways, viaducts, bridges, or tunnels.
(70 ILCS 1250/2); Park Commissioners Street Control (1889)
Act; park districts; for boulevards or driveways.
(70 ILCS 1290/1); Park District Aquarium and Museum Act;
municipalities or park districts; for aquariums or
museums.
(70 ILCS 1305/2); Park District Airport Zoning Act; park

SB3936 - 598 - LRB103 40367 AWJ 72644 b
districts; for restriction of the height of structures.
(70 ILCS 1310/5); Park District Elevated Highway Act; park
districts; for elevated highways.
(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
District; for parks and other purposes.
(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
District; for parking lots or garages.
(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
District; for harbors.
(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
Act; Lincoln Park Commissioners; for land and interests in
land, including riparian rights.
(70 ILCS 1801/30); Alexander-Cairo Port District Act;
Alexander-Cairo Port District; for general purposes.
(70 ILCS 1805/8); Havana Regional Port District Act; Havana
Regional Port District; for general purposes.
(70 ILCS 1810/7); Illinois International Port District Act;
Illinois International Port District; for general
purposes.
(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
Illinois Valley Regional Port District; for general
purposes.
(70 ILCS 1820/4); Jackson-Union Counties Regional Port
District Act; Jackson-Union Counties Regional Port
District; for removal of airport hazards or reduction of
the height of objects or structures.

SB3936 - 599 - LRB103 40367 AWJ 72644 b
(70 ILCS 1820/5); Jackson-Union Counties Regional Port
District Act; Jackson-Union Counties Regional Port
District; for general purposes.
(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of airport hazards.
(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
Regional Port District; for reduction of the height of
objects or structures.
(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of hazards from ports
and terminals.
(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
Regional Port District; for general purposes.
(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for removal of hazards
from ports and terminals.
(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for general purposes.
(70 ILCS 1831/30); Massac-Metropolis Port District Act;
Massac-Metropolis Port District; for general purposes.
(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;
Mt. Carmel Regional Port District; for removal of airport
hazards.
(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act;
Mt. Carmel Regional Port District; for reduction of the
height of objects or structures.

SB3936 - 600 - LRB103 40367 AWJ 72644 b
(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for general purposes.
(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
District; for general purposes.
(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
Regional Port District; for removal of airport hazards.
(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
Regional Port District; for reduction of the height of
objects or structures.
(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
Regional Port District; for general purposes.
(70 ILCS 1850/4); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for removal of airport
hazards or reduction of the height of objects or
structures.
(70 ILCS 1850/5); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for general purposes.
(70 ILCS 1855/4); Southwest Regional Port District Act;
Southwest Regional Port District; for removal of airport
hazards or reduction of the height of objects or
structures.
(70 ILCS 1855/5); Southwest Regional Port District Act;
Southwest Regional Port District; for general purposes.
(70 ILCS 1860/4); Tri-City Regional Port District Act;
Tri-City Regional Port District; for removal of airport
hazards.

SB3936 - 601 - LRB103 40367 AWJ 72644 b
(70 ILCS 1860/5); Tri-City Regional Port District Act;
Tri-City Regional Port District; for the development of
facilities.
(70 ILCS 1863/11); Upper Mississippi River International Port
District Act; Upper Mississippi River International Port
District; for general purposes.
(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
District; for removal of airport hazards.
(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
District; for restricting the height of objects or
structures.
(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
District; for the development of facilities.
(70 ILCS 1870/8); White County Port District Act; White County
Port District; for the development of facilities.
(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
Terminal Authority (Chicago); for general purposes.
(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
Act; Grand Avenue Railroad Relocation Authority; for
general purposes, including quick-take power (now
obsolete).
(70 ILCS 1935/25); Elmwood Park Grade Separation Authority
Act; Elmwood Park Grade Separation Authority; for general
purposes.
(70 ILCS 2105/9b); River Conservancy Districts Act; river
conservancy districts; for general purposes.

SB3936 - 602 - LRB103 40367 AWJ 72644 b
(70 ILCS 2105/10a); River Conservancy Districts Act; river
conservancy districts; for corporate purposes.
(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
districts; for corporate purposes.
(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
districts; for improvements and works.
(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
districts; for access to property.
(70 ILCS 2305/8); North Shore Water Reclamation District Act;
North Shore Water Reclamation District; for corporate
purposes.
(70 ILCS 2305/15); North Shore Water Reclamation District Act;
North Shore Water Reclamation District; for improvements.
(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
District of Decatur; for carrying out agreements to sell,
convey, or disburse treated wastewater to a private
entity.
(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
districts; for corporate purposes.
(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
districts; for improvements.
(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
1917; sanitary districts; for waterworks.
(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
districts; for public sewer and water utility treatment
works.

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(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
districts; for dams or other structures to regulate water
flow.
(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
Metropolitan Water Reclamation District; for corporate
purposes.
(70 ILCS 2605/16); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; quick-take
power for improvements.
(70 ILCS 2605/17); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for bridges.
(70 ILCS 2605/35); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for widening
and deepening a navigable stream.
(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
districts; for corporate purposes.
(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
districts; for improvements.
(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of
1936; sanitary districts; for drainage systems.
(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
districts; for dams or other structures to regulate water
flow.
(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
districts; for water supply.
(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary

SB3936 - 604 - LRB103 40367 AWJ 72644 b
districts; for waterworks.
(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
Metro-East Sanitary District; for corporate purposes.
(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
Metro-East Sanitary District; for access to property.
(70 ILCS 3010/10); Sanitary District Revenue Bond Act;
sanitary districts; for sewerage systems.
(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
Illinois Sports Facilities Authority; quick-take power for
its corporate purposes (obsolete).
(70 ILCS 3405/16); Surface Water Protection District Act;
surface water protection districts; for corporate
purposes.
(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
Transit Authority; for transportation systems.
(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
Transit Authority; for general purposes.
(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
Transit Authority; for general purposes, including
railroad property.
(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
local mass transit districts; for general purposes.
(70 ILCS 3615/2.13); Regional Transportation Authority Act;
Regional Transportation Authority; for general purposes.
(70 ILCS 3705/8 and 3705/12); Public Water District Act;
public water districts; for waterworks.

SB3936 - 605 - LRB103 40367 AWJ 72644 b
(70 ILCS 3705/23a); Public Water District Act; public water
districts; for sewerage properties.
(70 ILCS 3705/23e); Public Water District Act; public water
districts; for combined waterworks and sewerage systems.
(70 ILCS 3715/6); Water Authorities Act; water authorities;
for facilities to ensure adequate water supply.
(70 ILCS 3715/27); Water Authorities Act; water authorities;
for access to property.
(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
trustees; for library buildings.
(75 ILCS 16/30-55.80); Public Library District Act of 1991;
public library districts; for general purposes.
(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
authorities of city or park district, or board of park
commissioners; for free public library buildings.
(Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff.
7-16-14; 99-669, eff. 7-29-16.)
(735 ILCS 30/15-5-49 new)
Sec. 15-5-49. Eminent domain powers in new Acts. The
following provisions of law may include express grants of the
power to acquire property by condemnation or eminent domain:
Metropolitan Mobility Authority Act; Metropolitan Mobility
Authority; for general purposes.

SB3936 - 606 - LRB103 40367 AWJ 72644 b
Section 20.46. The Local Governmental and Governmental
Employees Tort Immunity Act is amended by changing Section
2-101 as follows:
(745 ILCS 10/2-101) (from Ch. 85, par. 2-101)
Sec. 2-101. Nothing in this Act affects the right to
obtain relief other than damages against a local public entity
or public employee. Nothing in this Act affects the liability,
if any, of a local public entity or public employee, based on:
a contract;
b operation as a common carrier; and this Act does not
apply to any entity organized under or subject to the
Metropolitan Mobility "Metropolitan Transit Authority Act",
approved April 12, 1945, as amended;
c The "Workers' Compensation Act", approved July 9, 1951,
as heretofore or hereafter amended;
d The "Workers' Occupational Diseases Act", approved July
9, 1951, as heretofore or hereafter amended;
e Section 1-4-7 of the "Illinois Municipal Code", approved
May 29, 1961, as heretofore or hereafter amended.
f The "Illinois Uniform Conviction Information Act",
enacted by the 85th General Assembly, as heretofore or
hereafter amended.
(Source: P.A. 85-922.)
Section 20.47. The Illinois Wage Payment and Collection

SB3936 - 607 - LRB103 40367 AWJ 72644 b
Act is amended by changing Section 9 as follows:
(820 ILCS 115/9) (from Ch. 48, par. 39m-9)
Sec. 9. Except as hereinafter provided, deductions by
employers from wages or final compensation are prohibited
unless such deductions are (1) required by law; (2) to the
benefit of the employee; (3) in response to a valid wage
assignment or wage deduction order; (4) made with the express
written consent of the employee, given freely at the time the
deduction is made; (5) made by a municipality with a
population of 500,000 or more, a county with a population of
3,000,000 or more, a community college district in a city with
a population of 500,000 or more, a housing authority in a
municipality with a population of 500,000 or more, the Chicago
Park District, the Metropolitan Mobility Metropolitan Transit
Authority, the Chicago Board of Education, the Cook County
Forest Preserve District, or the Metropolitan Water
Reclamation District to pay a debt owed by the employee to a
municipality with a population of 500,000 or more, a county
with a population of 3,000,000 or more, the Cook County Forest
Preserve, the Chicago Park District, the Metropolitan Water
Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or a housing authority of a
municipality with a population of 500,000 or more; provided,
however, that the amount deducted from any one salary or wage
payment shall not exceed 25% of the net amount of the payment;

SB3936 - 608 - LRB103 40367 AWJ 72644 b
or (6) made by a housing authority in a municipality with a
population of 500,000 or more or a municipality with a
population of 500,000 or more to pay a debt owed by the
employee to a housing authority in a municipality with a
population of 500,000 or more; provided, however, that the
amount deducted from any one salary or wage payment shall not
exceed 25% of the net amount of the payment. Before the
municipality with a population of 500,000 or more, the
community college district in a city with a population of
500,000 or more, the Chicago Park District, the Metropolitan
Mobility Metropolitan Transit Authority, a housing authority
in a municipality with a population of 500,000 or more, the
Chicago Board of Education, the county with a population of
3,000,000 or more, the Cook County Forest Preserve District,
or the Metropolitan Water Reclamation District deducts any
amount from any salary or wage of an employee to pay a debt
owed to a municipality with a population of 500,000 or more, a
county with a population of 3,000,000 or more, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit
Authority, the Chicago Board of Education, or a housing
authority of a municipality with a population of 500,000 or
more under this Section, the municipality, the county, the
Cook County Forest Preserve District, the Chicago Park
District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, the Chicago Board of Education, or

SB3936 - 609 - LRB103 40367 AWJ 72644 b
a housing authority of a municipality with a population of
500,000 or more shall certify that (i) the employee has been
afforded an opportunity for a hearing to dispute the debt that
is due and owing the municipality, the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit
Authority, the Chicago Board of Education, or a housing
authority of a municipality with a population of 500,000 or
more and (ii) the employee has received notice of a wage
deduction order and has been afforded an opportunity for a
hearing to object to the order. Before a housing authority in a
municipality with a population of 500,000 or more or a
municipality with a population of 500,000 or more, a county
with a population of 3,000,000 or more, the Cook County Forest
Preserve District, the Chicago Park District, the Metropolitan
Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or a housing authority of a
municipality with a population of 500,000 or more deducts any
amount from any salary or wage of an employee to pay a debt
owed to a housing authority in a municipality with a
population of 500,000 or more under this Section, the housing
authority shall certify that (i) the employee has been
afforded an opportunity for a hearing to dispute the debt that
is due and owing the housing authority and (ii) the employee
has received notice of a wage deduction order and has been
afforded an opportunity for a hearing to object to the order.

SB3936 - 610 - LRB103 40367 AWJ 72644 b
For purposes of this Section, "net amount" means that part of
the salary or wage payment remaining after the deduction of
any amounts required by law to be deducted and "debt due and
owing" means (i) a specified sum of money owed to the
municipality, county, the Cook County Forest Preserve
District, the Chicago Park District, the Metropolitan Water
Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or housing authority for services,
work, or goods, after the period granted for payment has
expired, or (ii) a specified sum of money owed to the
municipality, county, the Cook County Forest Preserve
District, the Chicago Park District, the Metropolitan Water
Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education or housing authority pursuant to a
court order or order of an administrative hearing officer
after the exhaustion of, or the failure to exhaust, judicial
review; (7) the result of an excess payment made due to, but
not limited to, a typographical or mathematical error made by
a municipality with a population of less than 500,000 or to
collect a debt owed to a municipality with a population of less
than 500,000 after notice to the employee and an opportunity
to be heard; provided, however, that the amount deducted from
any one salary or wage payment shall not exceed 15% of the net
amount of the payment. Before the municipality deducts any
amount from any salary or wage of an employee to pay a debt
owed to the municipality, the municipality shall certify that

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(i) the employee has been afforded an opportunity for a
hearing, conducted by the municipality, to dispute the debt
that is due and owing the municipality, and (ii) the employee
has received notice of a wage deduction order and has been
afforded an opportunity for a hearing, conducted by the
municipality, to object to the order. For purposes of this
Section, "net amount" means that part of the salary or wage
payment remaining after the deduction of any amounts required
by law to be deducted and "debt due and owing" means (i) a
specified sum of money owed to the municipality for services,
work, or goods, after the period granted for payment has
expired, or (ii) a specified sum of money owed to the
municipality pursuant to a court order or order of an
administrative hearing officer after the exhaustion of, or the
failure to exhaust, judicial review. Where the legitimacy of
any deduction from wages is in dispute, the amount in question
may be withheld if the employer notifies the Department of
Labor on the date the payment is due in writing of the amount
that is being withheld and stating the reasons for which the
payment is withheld. Upon such notification the Department of
Labor shall conduct an investigation and render a judgment as
promptly as possible, and shall complete such investigation
within 30 days of receipt of the notification by the employer
that wages have been withheld. The employer shall pay the
wages due upon order of the Department of Labor within 15
calendar days of issuance of a judgment on the dispute.

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The Department shall establish rules to protect the
interests of both parties in cases of disputed deductions from
wages. Such rules shall include reasonable limitations on the
amount of deductions beyond those required by law which may be
made during any pay period by any employer.
In case of a dispute over wages, the employer shall pay,
without condition and within the time set by this Act, all
wages or parts thereof, conceded by him to be due, leaving to
the employee all remedies to which he may otherwise be
entitled as to any balance claimed. The acceptance by an
employee of a disputed paycheck shall not constitute a release
as to the balance of his claim and any release or restrictive
endorsement required by an employer as a condition to payment
shall be a violation of this Act and shall be void.
(Source: P.A. 97-120, eff. 1-1-12.)
Section 20.48. The Transportation Benefits Program Act is
amended by changing Sections 5, 10, and 15 as follows:
(820 ILCS 63/5)
Sec. 5. Definitions. As used in this Act:
"Covered employee" means any person who performs an
average of at least 35 hours of work per week for compensation
on a full-time basis.
"Covered employer" means any individual, partnership,
association, corporation, limited liability company,

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government, non-profit organization, or business trust that
directly or indirectly, or through an agent or any other
person, employs or exercises control over wages, hours, or
working conditions of an employee, and that:
(1) is located in: Cook County; Warren Township in
Lake County; Grant Township in Lake County; Frankfort
Township in Will County; Wheatland Township in Will
County; Addison Township; Bloomingdale Township; York
Township; Milton Township; Winfield Township; Downers
Grove Township; Lisle Township; Naperville Township;
Dundee Township; Elgin Township; St. Charles Township;
Geneva Township; Batavia Township; Aurora Township; Zion
Township; Benton Township; Waukegan Township; Avon
Township; Libertyville Township; Shields Township; Vernon
Township; West Deerfield Township; Deerfield Township;
McHenry Township; Nunda Township; Algonquin Township;
DuPage Township; Homer Township; Lockport Township;
Plainfield Township; New Lenox Township; Joliet Township;
or Troy Township; and
(2) employs 50 or more covered employees in a
geographic area specified in paragraph (1) at an address
that is located within one mile of fixed-route transit
service.
"Public transit" means any transportation system within
the authority and jurisdiction of the Metropolitan Mobility
Regional Transportation Authority.

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"Transit pass" means any pass, token, fare card, voucher,
or similar item entitling a person to transportation on public
transit.
(Source: P.A. 103-291, eff. 1-1-24.)
(820 ILCS 63/10)
Sec. 10. Transportation benefits program. All covered
employers shall provide a pre-tax commuter benefit to covered
employees. The pre-tax commuter benefit shall allow employees
to use pre-tax dollars for the purchase of a transit pass, via
payroll deduction, such that the costs for such purchases may
be excluded from the employee's taxable wages and compensation
up to the maximum amount permitted by federal tax law,
consistent with 26 U.S.C. 132(f) and the rules and regulations
promulgated thereunder. A covered employer may comply with
this Section by participating in a program offered by the
Metropolitan Mobility Chicago Transit Authority or the
Regional Transportation Authority.
This benefit must be offered to all employees starting on
the employees' first full pay period after 120 days of
employment. All transit agencies shall market the existence of
this program and this Act to their riders in order to inform
affected employees and their employers.
(Source: P.A. 103-291, eff. 1-1-24.)
(820 ILCS 63/15)

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Sec. 15. Regional Transit Authority map. The Metropolitan
Mobility Regional Transportation Authority shall make publicly
available a searchable map of addresses that are located
within one mile of fixed-route transit service.
(Source: P.A. 103-291, eff. 1-1-24.)
Article XXI. NO ACCELERATION OR DELAY, SEVERABILITY, AND
EFFECTIVE DATE
Section
20.49. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 20.97. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 20.99. Effective date. This Section; Article XI;
Section 8.48 of the State Mandates Act; Sections 8-106 and
8-107 of the Public Utilities Act; and Sections 12-830,
13C-21, and 18c-1206 of the Illinois Vehicle Code take effect
upon becoming law.
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INDEX
Statutes amended in order of appearance
New Act
5 ILCS 120/2 from Ch. 102, par. 42
5 ILCS 140/7.5
5 ILCS 225/2 from Ch. 111 2/3, par. 602
5 ILCS 315/5 from Ch. 48, par. 1605
5 ILCS 315/15 from Ch. 48, par. 1615
5 ILCS 375/2.5
5 ILCS 430/1-5
5 ILCS 430/20-5
5 ILCS 430/20-10
5 ILCS 430/Art. 75 heading
5 ILCS 430/75-5
5 ILCS 430/75-10
20 ILCS 105/4.15
20 ILCS 2310/2310-55.5
20 ILCS 2605/2605-340 rep.
20 ILCS 2705/2705-203
20 ILCS 2705/2705-204 new
20 ILCS 2705/2705-300 was 20 ILCS 2705/49.18
20 ILCS 2705/2705-305
20 ILCS 2705/2705-310
20 ILCS 2705/2705-315 was 20 ILCS 2705/49.19b
20 ILCS 2705/2705-440 was 20 ILCS 2705/49.25h
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20 ILCS 2705/2705-594 new
20 ILCS 3501/820-50
30 ILCS 5/3-1 from Ch. 15, par. 303-1
30 ILCS 5/3-2.3 rep.
30 ILCS 105/5.277 from Ch. 127, par. 141.277
30 ILCS 105/5.918
30 ILCS 105/5.1015 new
30 ILCS 105/5.1016 new
30 ILCS 105/6z-17 from Ch. 127, par. 142z-17
30 ILCS 105/6z-20 from Ch. 127, par. 142z-20
30 ILCS 105/6z-27
30 ILCS 105/6z-109
30 ILCS 105/8.3
30 ILCS 105/8.25g
30 ILCS 230/2a from Ch. 127, par. 172
30 ILCS 415/2 from Ch. 127, par. 702
30 ILCS 740/2-2.02 from Ch. 111 2/3, par. 662.02
30 ILCS 740/3-1.02 from Ch. 111 2/3, par. 683
30 ILCS 740/4-1.7 from Ch. 111 2/3, par. 699.7
30 ILCS 805/8.47
30 ILCS 805/8.48 new
35 ILCS 105/2b from Ch. 120, par. 439.2b
35 ILCS 105/22 from Ch. 120, par. 439.22
35 ILCS 110/20 from Ch. 120, par. 439.50
35 ILCS 115/20 from Ch. 120, par. 439.120
35 ILCS 120/6 from Ch. 120, par. 445
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35 ILCS 165/10
35 ILCS 171/2
35 ILCS 200/15-100
35 ILCS 505/8b
35 ILCS 815/1 from Ch. 121 1/2, par. 911
40 ILCS 5/8-230.1 from Ch. 108 1/2, par. 8-230.1
40 ILCS 5/11-221.1 from Ch. 108 1/2, par. 11-221.1
40 ILCS 5/18-112 from Ch. 108 1/2, par. 18-112
40 ILCS 5/22-101 from Ch. 108 1/2, par. 22-101
40 ILCS 5/22-101B
40 ILCS 5/22-103
40 ILCS 5/22-105
50 ILCS 330/2 from Ch. 85, par. 802
55 ILCS 5/6-34000
65 ILCS 5/11-1-11 from Ch. 24, par. 11-1-11
65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
65 ILCS 5/Art. 11 Div.
122.2 heading
65 ILCS 5/11-122.2-1 from Ch. 24, par. 11-122.2-1
70 ILCS 1707/10
70 ILCS 3605/Act rep.
70 ILCS 3610/3.1 from Ch. 111 2/3, par. 353.1
70 ILCS 3610/5.05 from Ch. 111 2/3, par. 355.05
70 ILCS 3610/8.5 from Ch. 111 2/3, par. 358.5
70 ILCS 3615/Act rep.
70 ILCS 3720/4 from Ch. 111 2/3, par. 254
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105 ILCS 5/29-5 from Ch. 122, par. 29-5
105 ILCS 5/34-4 from Ch. 122, par. 34-4
220 ILCS 5/4-302 from Ch. 111 2/3, par. 4-302
220 ILCS 5/8-106 new
220 ILCS 5/8-107 new
410 ILCS 55/2 from Ch. 111 1/2, par. 4202
415 ILCS 5/9.15
605 ILCS 5/5-701.8 from Ch. 121, par. 5-701.8
605 ILCS 5/6-411.5
605 ILCS 5/7-202.14 from Ch. 121, par. 7-202.14
605 ILCS 10/3 from Ch. 121, par. 100-3
605 ILCS 10/19 from Ch. 121, par. 100-19
620 ILCS 5/49.1 from Ch. 15 1/2, par. 22.49a
625 ILCS 5/1-209.3
625 ILCS 5/8-102 from Ch. 95 1/2, par. 8-102
625 ILCS 5/11-709.2
625 ILCS 5/12-830 new
625 ILCS 5/13C-21 new
625 ILCS 5/18c-1206 new
625 ILCS 5/18c-7402 from Ch. 95 1/2, par. 18c-7402
720 ILCS 5/21-5 from Ch. 38, par. 21-5
735 ILCS 30/15-5-15
735 ILCS 30/15-5-49 new
745 ILCS 10/2-101 from Ch. 85, par. 2-101
820 ILCS 115/9 from Ch. 48, par. 39m-9
820 ILCS 63/5
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