101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3966

 

Introduced 11/13/2019, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends Regional Transportation Authority Act. Provides that Metra Electric Division and Rock Island Division fares for transportation wholly within the City of Chicago shall be equal to the fares set by the Chicago Transit Board for rail transportation. Provides that fares for Metra Electric Division and Rock Island Division transportation that originate or conclude outside of the City of Chicago shall be set by the Commuter Rail Board and be based on the zone in which the transportation originates and concludes. Provides that the Commuter Rail Board shall accept the Ventra card for use on the Metra Electric Division and Rock Island Division and riders using the Ventra card shall pay through the Ventra application or at a station. Provides that the Commuter Rail Board shall adopt a policy to periodically check riders' tickets, including Ventra tickets and the Ventra application, on the Metra Electric Division and Rock Island Division to determine whether a rider has paid for transportation at the station or on the Ventra application. Provides that transfer fees using Ventra cards or the Ventra application between transportation provided by the Chicago Transit Board, Suburban Bus Board, and the Electric District or Rock Island District of the Commuter Rail Board shall be equal to the transfer fare between Chicago Transit Board transportation. Provides that lost revenue experienced by the Commuter Rail Board due to the implementation of any requirement relating to specified Metra Eclectic Division and Rock Island Division fare provisions are not "costs" in the calculation of whether fares and charges received in each fiscal year equal at least 50% of the aggregate costs of providing public transportation. Amends the Metropolitan Transit Authority Act making conforming changes. Effective June 1, 2020.


LRB101 14127 AWJ 62994 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3966LRB101 14127 AWJ 62994 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Metropolitan Transit Authority Act is
5amended by adding Section 30.5 as follows:
 
6    (70 ILCS 3605/30.5 new)
7    Sec. 30.5. Ventra readers in Electric District and Rock
8Island District stations; Ventra transfer fares.
9    (a) The Chicago Transit Board shall install and maintain
10Ventra readers at every Electric District station and Rock
11Island District station of the Commuter Rail Board in the
12location the Commuter Rail Board shall provide in writing to
13the Chicago Transit Board.
14    (b) The Chicago Transit Board shall set the Ventra card and
15Ventra application transfer fare from transportation provided
16by the Suburban Bus Board or the Electric District or Rock
17Island District of the Commuter Rail Board to transportation
18provided by the Chicago Transit Board in an amount equal to the
19transfer fare between Chicago Transit Board transportation.
 
20    Section 10. The Regional Transportation Authority Act is
21amended by changing Sections 4.01 and 4.09 and by adding
22Sections 3A.19, 3B.09c, and 4.17 as follows:
 

 

 

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1    (70 ILCS 3615/3A.19 new)
2    Sec. 3A.19. Ventra transfer fares. The Suburban Bus Board
3shall set the Ventra card and Ventra application transfer fare
4from transportation provided by the Chicago Transit Board or
5the Electric District or Rock Island District of the Commuter
6Rail Board to transportation provided by the Suburban Bus Board
7in an amount equal to the transfer fare between Chicago Transit
8Board transportation.
 
9    (70 ILCS 3615/3B.09c new)
10    Sec. 3B.09c. Electric District and Rock Island District
11fares.
12    (a) The Electric District and Rock Island District fares
13for transportation wholly within the City of Chicago shall be
14equal to the fares set by the Chicago Transit Board for rail
15transportation.
16    (b) Fares for the Electric District and Rock Island
17District transportation that originate or conclude outside of
18the City of Chicago shall be set by the Commuter Rail Board and
19be based on the zone in which the transportation originates and
20concludes.
21    (c) The Commuter Rail Board shall accept the Ventra card
22for use on the Electric District and Rock Island District.
23Riders using a Ventra card shall pay through the Ventra
24application or at a station. The Commuter Rail Board shall

 

 

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1adopt a policy to periodically check riders' tickets, including
2Ventra cards or the Ventra application, on the Electric
3District and Rock Island District to determine whether a rider
4has paid for transportation at the station or on the Ventra
5application.
6    (d) The Commuter Rail Board shall set the Ventra card and
7Ventra application transfer fare from transportation provided
8by the Chicago Transit Board or the Suburban Bus Board to
9transportation provided by the Electric District or Rock Island
10District of the Commuter Rail Board in an amount equal to the
11transfer fare between Chicago Transit Board transportation.
 
12    (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
13    Sec. 4.01. Budget and Program.
14    (a) The Board shall control the finances of the Authority.
15It shall by ordinance adopted by the affirmative vote of at
16least 12 of its then Directors (i) appropriate money to perform
17the Authority's purposes and provide for payment of debts and
18expenses of the Authority, (ii) take action with respect to the
19budget and two-year financial plan of each Service Board, as
20provided in Section 4.11, and (iii) adopt an Annual Budget and
21Two-Year Financial Plan for the Authority that includes the
22annual budget and two-year financial plan of each Service Board
23that has been approved by the Authority. The Annual Budget and
24Two-Year Financial Plan shall contain a statement of the funds
25estimated to be on hand for the Authority and each Service

 

 

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1Board at the beginning of the fiscal year, the funds estimated
2to be received from all sources for such year, the estimated
3expenses and obligations of the Authority and each Service
4Board for all purposes, including expenses for contributions to
5be made with respect to pension and other employee benefits,
6and the funds estimated to be on hand at the end of such year.
7The fiscal year of the Authority and each Service Board shall
8begin on January 1st and end on the succeeding December 31st.
9By July 1st of each year the Director of the Illinois
10Governor's Office of Management and Budget (formerly Bureau of
11the Budget) shall submit to the Authority an estimate of
12revenues for the next fiscal year of the Authority to be
13collected from the taxes imposed by the Authority and the
14amounts to be available in the Public Transportation Fund and
15the Regional Transportation Authority Occupation and Use Tax
16Replacement Fund and the amounts otherwise to be appropriated
17by the State to the Authority for its purposes. The Authority
18shall file a copy of its Annual Budget and Two-Year Financial
19Plan with the General Assembly and the Governor after its
20adoption. Before the proposed Annual Budget and Two-Year
21Financial Plan is adopted, the Authority shall hold at least
22one public hearing thereon in the metropolitan region, and
23shall meet with the county board or its designee of each of the
24several counties in the metropolitan region. After conducting
25such hearings and holding such meetings and after making such
26changes in the proposed Annual Budget and Two-Year Financial

 

 

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1Plan as the Board deems appropriate, the Board shall adopt its
2annual appropriation and Annual Budget and Two-Year Financial
3Plan ordinance. The ordinance may be adopted only upon the
4affirmative votes of 12 of its then Directors. The ordinance
5shall appropriate such sums of money as are deemed necessary to
6defray all necessary expenses and obligations of the Authority,
7specifying purposes and the objects or programs for which
8appropriations are made and the amount appropriated for each
9object or program. Additional appropriations, transfers
10between items and other changes in such ordinance may be made
11from time to time by the Board upon the affirmative votes of 12
12of its then Directors.
13    (b) The Annual Budget and Two-Year Financial Plan shall
14show a balance between anticipated revenues from all sources
15and anticipated expenses including funding of operating
16deficits or the discharge of encumbrances incurred in prior
17periods and payment of principal and interest when due, and
18shall show cash balances sufficient to pay with reasonable
19promptness all obligations and expenses as incurred.
20    The Annual Budget and Two-Year Financial Plan must show:
21        (i) that the level of fares and charges for mass
22    transportation provided by, or under grant or purchase of
23    service contracts of, the Service Boards is sufficient to
24    cause the aggregate of all projected fare revenues from
25    such fares and charges received in each fiscal year to
26    equal at least 50% of the aggregate costs of providing such

 

 

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1    public transportation in such fiscal year. "Fare revenues"
2    include the proceeds of all fares and charges for services
3    provided, contributions received in connection with public
4    transportation from units of local government other than
5    the Authority, except for contributions received by the
6    Chicago Transit Authority from a real estate transfer tax
7    imposed under subsection (i) of Section 8-3-19 of the
8    Illinois Municipal Code, and from the State pursuant to
9    subsection (i) of Section 2705-305 of the Department of
10    Transportation Law (20 ILCS 2705/2705-305), and all other
11    operating revenues properly included consistent with
12    generally accepted accounting principles but do not
13    include: the proceeds of any borrowings, and, beginning
14    with the 2007 fiscal year, all revenues and receipts,
15    including but not limited to fares and grants received from
16    the federal, State or any unit of local government or other
17    entity, derived from providing ADA paratransit service
18    pursuant to Section 2.30 of the Regional Transportation
19    Authority Act. "Costs" include all items properly included
20    as operating costs consistent with generally accepted
21    accounting principles, including administrative costs, but
22    do not include: depreciation; payment of principal and
23    interest on bonds, notes or other evidences of obligation
24    for borrowed money issued by the Authority; payments with
25    respect to public transportation facilities made pursuant
26    to subsection (b) of Section 2.20 of this Act; any payments

 

 

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1    with respect to rate protection contracts, credit
2    enhancements or liquidity agreements made under Section
3    4.14; any other cost to which it is reasonably expected
4    that a cash expenditure will not be made; costs for
5    passenger security including grants, contracts, personnel,
6    equipment and administrative expenses, except in the case
7    of the Chicago Transit Authority, in which case the term
8    does not include costs spent annually by that entity for
9    protection against crime as required by Section 27a of the
10    Metropolitan Transit Authority Act; the payment by the
11    Chicago Transit Authority of Debt Service, as defined in
12    Section 12c of the Metropolitan Transit Authority Act, on
13    bonds or notes issued pursuant to that Section; the payment
14    by the Commuter Rail Division of debt service on bonds
15    issued pursuant to Section 3B.09; expenses incurred by the
16    Suburban Bus Division for the cost of new public
17    transportation services funded from grants pursuant to
18    Section 2.01e of this amendatory Act of the 95th General
19    Assembly for a period of 2 years from the date of
20    initiation of each such service; costs as exempted by the
21    Board for projects pursuant to Section 2.09 of this Act;
22    or, beginning with the 2007 fiscal year, expenses related
23    to providing ADA paratransit service pursuant to Section
24    2.30 of the Regional Transportation Authority Act; and in
25    fiscal years 2008 through 2012 inclusive, costs in the
26    amount of $200,000,000 in fiscal year 2008, reducing by

 

 

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1    $40,000,000 in each fiscal year thereafter until this
2    exemption is eliminated; and any lost revenue experienced
3    by the Commuter Rail Board due to the implementation of any
4    requirement of Section 3B.09c; and
5        (ii) that the level of fares charged for ADA
6    paratransit services is sufficient to cause the aggregate
7    of all projected revenues from such fares charged and
8    received in each fiscal year to equal at least 10% of the
9    aggregate costs of providing such ADA paratransit
10    services. For purposes of this Act, the percentages in this
11    subsection (b)(ii) shall be referred to as the "system
12    generated ADA paratransit services revenue recovery
13    ratio". For purposes of the system generated ADA
14    paratransit services revenue recovery ratio, "costs" shall
15    include all items properly included as operating costs
16    consistent with generally accepted accounting principles.
17    However, the Board may exclude from costs an amount that
18    does not exceed the allowable "capital costs of
19    contracting" for ADA paratransit services pursuant to the
20    Federal Transit Administration guidelines for the
21    Urbanized Area Formula Program.
22    (c) The actual administrative expenses of the Authority for
23the fiscal year commencing January 1, 1985 may not exceed
24$5,000,000. The actual administrative expenses of the
25Authority for the fiscal year commencing January 1, 1986, and
26for each fiscal year thereafter shall not exceed the maximum

 

 

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1administrative expenses for the previous fiscal year plus 5%.
2"Administrative expenses" are defined for purposes of this
3Section as all expenses except: (1) capital expenses and
4purchases of the Authority on behalf of the Service Boards; (2)
5payments to Service Boards; and (3) payment of principal and
6interest on bonds, notes or other evidence of obligation for
7borrowed money issued by the Authority; (4) costs for passenger
8security including grants, contracts, personnel, equipment and
9administrative expenses; (5) payments with respect to public
10transportation facilities made pursuant to subsection (b) of
11Section 2.20 of this Act; and (6) any payments with respect to
12rate protection contracts, credit enhancements or liquidity
13agreements made pursuant to Section 4.14.
14    (d) This subsection applies only until the Department
15begins administering and enforcing an increased tax under
16Section 4.03(m) as authorized by this amendatory Act of the
1795th General Assembly. After withholding 15% of the proceeds of
18any tax imposed by the Authority and 15% of money received by
19the Authority from the Regional Transportation Authority
20Occupation and Use Tax Replacement Fund, the Board shall
21allocate the proceeds and money remaining to the Service Boards
22as follows: (1) an amount equal to 85% of the proceeds of those
23taxes collected within the City of Chicago and 85% of the money
24received by the Authority on account of transfers to the
25Regional Transportation Authority Occupation and Use Tax
26Replacement Fund from the County and Mass Transit District Fund

 

 

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1attributable to retail sales within the City of Chicago shall
2be allocated to the Chicago Transit Authority; (2) an amount
3equal to 85% of the proceeds of those taxes collected within
4Cook County outside the City of Chicago and 85% of the money
5received by the Authority on account of transfers to the
6Regional Transportation Authority Occupation and Use Tax
7Replacement Fund from the County and Mass Transit District Fund
8attributable to retail sales within Cook County outside of the
9city of Chicago shall be allocated 30% to the Chicago Transit
10Authority, 55% to the Commuter Rail Board and 15% to the
11Suburban Bus Board; and (3) an amount equal to 85% of the
12proceeds of the taxes collected within the Counties of DuPage,
13Kane, Lake, McHenry and Will shall be allocated 70% to the
14Commuter Rail Board and 30% to the Suburban Bus Board.
15    (e) This subsection applies only until the Department
16begins administering and enforcing an increased tax under
17Section 4.03(m) as authorized by this amendatory Act of the
1895th General Assembly. Moneys received by the Authority on
19account of transfers to the Regional Transportation Authority
20Occupation and Use Tax Replacement Fund from the State and
21Local Sales Tax Reform Fund shall be allocated among the
22Authority and the Service Boards as follows: 15% of such moneys
23shall be retained by the Authority and the remaining 85% shall
24be transferred to the Service Boards as soon as may be
25practicable after the Authority receives payment. Moneys which
26are distributable to the Service Boards pursuant to the

 

 

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

 

 

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1objectives adopted by the Authority in the Strategic Plan; and
2(4) assess the efficiency or adequacy of public transportation
3services provided by a Service Board and make recommendations
4for change in that service to the end that the moneys available
5to the Authority may be expended in the most economical manner
6possible with the least possible duplication.
7    (g) All Service Boards, transportation agencies,
8comprehensive planning agencies, including the Chicago
9Metropolitan Agency for Planning, or transportation planning
10agencies in the metropolitan region shall furnish to the
11Authority such information pertaining to public transportation
12or relevant for plans therefor as it may from time to time
13require. The Executive Director, or his or her designee, shall,
14for the purpose of securing any such information necessary or
15appropriate to carry out any of the powers and responsibilities
16of the Authority under this Act, have access to, and the right
17to examine, all books, documents, papers or records of a
18Service Board or any transportation agency receiving funds from
19the Authority or Service Board, and such Service Board or
20transportation agency shall comply with any request by the
21Executive Director, or his or her designee, within 30 days or
22an extended time provided by the Executive Director.
23    (h) No Service Board shall undertake any capital
24improvement which is not identified in the Five-Year Capital
25Program.
26    (i) Each Service Board shall furnish to the Board access to

 

 

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1its financial information including, but not limited to, audits
2and reports. The Board shall have real-time access to the
3financial information of the Service Boards; however, the Board
4shall be granted read-only access to the Service Board's
5financial information.
6(Source: P.A. 98-1027, eff. 1-1-15.)
 
7    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
8    Sec. 4.09. Public Transportation Fund and the Regional
9Transportation Authority Occupation and Use Tax Replacement
10Fund.
11    (a)(1) Except as otherwise provided in paragraph (4), as
12soon as possible after the first day of each month, beginning
13July 1, 1984, upon certification of the Department of Revenue,
14the Comptroller shall order transferred and the Treasurer shall
15transfer from the General Revenue Fund to a special fund in the
16State Treasury to be known as the Public Transportation Fund an
17amount equal to 25% of the net revenue, before the deduction of
18the serviceman and retailer discounts pursuant to Section 9 of
19the Service Occupation Tax Act and Section 3 of the Retailers'
20Occupation Tax Act, realized from any tax imposed by the
21Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
22amounts deposited into the Regional Transportation Authority
23tax fund created by Section 4.03 of this Act, from the County
24and Mass Transit District Fund as provided in Section 6z-20 of
25the State Finance Act and 25% of the amounts deposited into the

 

 

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1Regional Transportation Authority Occupation and Use Tax
2Replacement Fund from the State and Local Sales Tax Reform Fund
3as provided in Section 6z-17 of the State Finance Act. On the
4first day of the month following the date that the Department
5receives revenues from increased taxes under Section 4.03(m) as
6authorized by Public Act 95-708, in lieu of the transfers
7authorized in the preceding sentence, upon certification of the
8Department of Revenue, the Comptroller shall order transferred
9and the Treasurer shall transfer from the General Revenue Fund
10to the Public Transportation Fund an amount equal to 25% of the
11net revenue, before the deduction of the serviceman and
12retailer discounts pursuant to Section 9 of the Service
13Occupation Tax Act and Section 3 of the Retailers' Occupation
14Tax Act, realized from (i) 80% of the proceeds of any tax
15imposed by the Authority at a rate of 1.25% in Cook County,
16(ii) 75% of the proceeds of any tax imposed by the Authority at
17the rate of 1% in Cook County, and (iii) one-third of the
18proceeds of any tax imposed by the Authority at the rate of
190.75% in the Counties of DuPage, Kane, Lake, McHenry, and Will,
20all pursuant to Section 4.03, and 25% of the net revenue
21realized from any tax imposed by the Authority pursuant to
22Section 4.03.1, and 25% of the amounts deposited into the
23Regional Transportation Authority tax fund created by Section
244.03 of this Act from the County and Mass Transit District Fund
25as provided in Section 6z-20 of the State Finance Act, and 25%
26of the amounts deposited into the Regional Transportation

 

 

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1Authority Occupation and Use Tax Replacement Fund from the
2State and Local Sales Tax Reform Fund as provided in Section
36z-17 of the State Finance Act. As used in this Section, net
4revenue realized for a month shall be the revenue collected by
5the State pursuant to Sections 4.03 and 4.03.1 during the
6previous month from within the metropolitan region, less the
7amount paid out during that same month as refunds to taxpayers
8for overpayment of liability in the metropolitan region under
9Sections 4.03 and 4.03.1.
10    Notwithstanding any provision of law to the contrary,
11beginning on July 6, 2017 (the effective date of Public Act
12100-23), those amounts required under this paragraph (1) of
13subsection (a) to be transferred by the Treasurer into the
14Public Transportation Fund from the General Revenue Fund shall
15be directly deposited into the Public Transportation Fund as
16the revenues are realized from the taxes indicated.
17    (2) Except as otherwise provided in paragraph (4), on
18February 1, 2009 (the first day of the month following the
19effective date of Public Act 95-708) and each month thereafter,
20upon certification by the Department of Revenue, the
21Comptroller shall order transferred and the Treasurer shall
22transfer from the General Revenue Fund to the Public
23Transportation Fund an amount equal to 5% of the net revenue,
24before the deduction of the serviceman and retailer discounts
25pursuant to Section 9 of the Service Occupation Tax Act and
26Section 3 of the Retailers' Occupation Tax Act, realized from

 

 

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1any tax imposed by the Authority pursuant to Sections 4.03 and
24.03.1 and certified by the Department of Revenue under Section
34.03(n) of this Act to be paid to the Authority and 5% of the
4amounts deposited into the Regional Transportation Authority
5tax fund created by Section 4.03 of this Act from the County
6and Mass Transit District Fund as provided in Section 6z-20 of
7the State Finance Act, and 5% of the amounts deposited into the
8Regional Transportation Authority Occupation and Use Tax
9Replacement Fund from the State and Local Sales Tax Reform Fund
10as provided in Section 6z-17 of the State Finance Act, and 5%
11of the revenue realized by the Chicago Transit Authority as
12financial assistance from the City of Chicago from the proceeds
13of any tax imposed by the City of Chicago under Section 8-3-19
14of the Illinois Municipal Code.
15    Notwithstanding any provision of law to the contrary,
16beginning on July 6, 2017 (the effective date of Public Act
17100-23), those amounts required under this paragraph (2) of
18subsection (a) to be transferred by the Treasurer into the
19Public Transportation Fund from the General Revenue Fund shall
20be directly deposited into the Public Transportation Fund as
21the revenues are realized from the taxes indicated.
22    (3) Except as otherwise provided in paragraph (4), as soon
23as possible after the first day of January, 2009 and each month
24thereafter, upon certification of the Department of Revenue
25with respect to the taxes collected under Section 4.03, the
26Comptroller shall order transferred and the Treasurer shall

 

 

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1transfer from the General Revenue Fund to the Public
2Transportation Fund an amount equal to 25% of the net revenue,
3before the deduction of the serviceman and retailer discounts
4pursuant to Section 9 of the Service Occupation Tax Act and
5Section 3 of the Retailers' Occupation Tax Act, realized from
6(i) 20% of the proceeds of any tax imposed by the Authority at
7a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
8tax imposed by the Authority at the rate of 1% in Cook County,
9and (iii) one-third of the proceeds of any tax imposed by the
10Authority at the rate of 0.75% in the Counties of DuPage, Kane,
11Lake, McHenry, and Will, all pursuant to Section 4.03, and the
12Comptroller shall order transferred and the Treasurer shall
13transfer from the General Revenue Fund to the Public
14Transportation Fund (iv) an amount equal to 25% of the revenue
15realized by the Chicago Transit Authority as financial
16assistance from the City of Chicago from the proceeds of any
17tax imposed by the City of Chicago under Section 8-3-19 of the
18Illinois Municipal Code.
19    Notwithstanding any provision of law to the contrary,
20beginning on July 6, 2017 (the effective date of Public Act
21100-23), those amounts required under this paragraph (3) of
22subsection (a) to be transferred by the Treasurer into the
23Public Transportation Fund from the General Revenue Fund shall
24be directly deposited into the Public Transportation Fund as
25the revenues are realized from the taxes indicated.
26    (4) Notwithstanding any provision of law to the contrary,

 

 

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1of the transfers to be made under paragraphs (1), (2), and (3)
2of this subsection (a) from the General Revenue Fund to the
3Public Transportation Fund, the first $150,000,000 that would
4have otherwise been transferred from the General Revenue Fund
5shall be transferred from the Road Fund. The remaining balance
6of such transfers shall be made from the General Revenue Fund.
7    (5) (Blank).
8    (6) (Blank).
9    (7) For State fiscal year 2020 only, notwithstanding any
10provision of law to the contrary, the total amount of revenue
11and deposits under this Section attributable to revenues
12realized during State fiscal year 2020 shall be reduced by 5%.
13    (b)(1) All moneys deposited in the Public Transportation
14Fund and the Regional Transportation Authority Occupation and
15Use Tax Replacement Fund, whether deposited pursuant to this
16Section or otherwise, are allocated to the Authority, except
17for amounts appropriated to the Office of the Executive
18Inspector General as authorized by subsection (h) of Section
194.03.3 and amounts transferred to the Audit Expense Fund
20pursuant to Section 6z-27 of the State Finance Act. The
21Comptroller, as soon as possible after each monthly transfer
22provided in this Section and after each deposit into the Public
23Transportation Fund, shall order the Treasurer to pay to the
24Authority out of the Public Transportation Fund the amount so
25transferred or deposited. Any Additional State Assistance and
26Additional Financial Assistance paid to the Authority under

 

 

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1this Section shall be expended by the Authority for its
2purposes as provided in this Act. The balance of the amounts
3paid to the Authority from the Public Transportation Fund shall
4be expended by the Authority as provided in Section 4.03.3. The
5Comptroller, as soon as possible after each deposit into the
6Regional Transportation Authority Occupation and Use Tax
7Replacement Fund provided in this Section and Section 6z-17 of
8the State Finance Act, shall order the Treasurer to pay to the
9Authority out of the Regional Transportation Authority
10Occupation and Use Tax Replacement Fund the amount so
11deposited. Such amounts paid to the Authority may be expended
12by it for its purposes as provided in this Act. The provisions
13directing the distributions from the Public Transportation
14Fund and the Regional Transportation Authority Occupation and
15Use Tax Replacement Fund provided for in this Section shall
16constitute an irrevocable and continuing appropriation of all
17amounts as provided herein. The State Treasurer and State
18Comptroller are hereby authorized and directed to make
19distributions as provided in this Section. (2) Provided,
20however, no moneys deposited under subsection (a) of this
21Section shall be paid from the Public Transportation Fund to
22the Authority or its assignee for any fiscal year until the
23Authority has certified to the Governor, the Comptroller, and
24the Mayor of the City of Chicago that it has adopted for that
25fiscal year an Annual Budget and Two-Year Financial Plan
26meeting the requirements in Section 4.01(b).

 

 

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1    (c) In recognition of the efforts of the Authority to
2enhance the mass transportation facilities under its control,
3the State shall provide financial assistance ("Additional
4State Assistance") in excess of the amounts transferred to the
5Authority from the General Revenue Fund under subsection (a) of
6this Section. Additional State Assistance shall be calculated
7as provided in subsection (d), but shall in no event exceed the
8following specified amounts with respect to the following State
9fiscal years:
10        1990$5,000,000;
11        1991$5,000,000;
12        1992$10,000,000;
13        1993$10,000,000;
14        1994$20,000,000;
15        1995$30,000,000;
16        1996$40,000,000;
17        1997$50,000,000;
18        1998$55,000,000; and
19        each year thereafter$55,000,000.
20    (c-5) The State shall provide financial assistance
21("Additional Financial Assistance") in addition to the
22Additional State Assistance provided by subsection (c) and the
23amounts transferred to the Authority from the General Revenue
24Fund under subsection (a) of this Section. Additional Financial
25Assistance provided by this subsection shall be calculated as
26provided in subsection (d), but shall in no event exceed the

 

 

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1following specified amounts with respect to the following State
2fiscal years:
3        2000$0;
4        2001$16,000,000;
5        2002$35,000,000;
6        2003$54,000,000;
7        2004$73,000,000;
8        2005$93,000,000; and
9        each year thereafter$100,000,000.
10    (d) Beginning with State fiscal year 1990 and continuing
11for each State fiscal year thereafter, the Authority shall
12annually certify to the State Comptroller and State Treasurer,
13separately with respect to each of subdivisions (g)(2) and
14(g)(3) of Section 4.04 of this Act, the following amounts:
15        (1) The amount necessary and required, during the State
16    fiscal year with respect to which the certification is
17    made, to pay its obligations for debt service on all
18    outstanding bonds or notes issued by the Authority under
19    subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
20        (2) An estimate of the amount necessary and required to
21    pay its obligations for debt service for any bonds or notes
22    which the Authority anticipates it will issue under
23    subdivisions (g)(2) and (g)(3) of Section 4.04 during that
24    State fiscal year.
25        (3) Its debt service savings during the preceding State
26    fiscal year from refunding or advance refunding of bonds or

 

 

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1    notes issued under subdivisions (g)(2) and (g)(3) of
2    Section 4.04.
3        (4) The amount of interest, if any, earned by the
4    Authority during the previous State fiscal year on the
5    proceeds of bonds or notes issued pursuant to subdivisions
6    (g)(2) and (g)(3) of Section 4.04, other than refunding or
7    advance refunding bonds or notes.
8    The certification shall include a specific schedule of debt
9service payments, including the date and amount of each payment
10for all outstanding bonds or notes and an estimated schedule of
11anticipated debt service for all bonds and notes it intends to
12issue, if any, during that State fiscal year, including the
13estimated date and estimated amount of each payment.
14    Immediately upon the issuance of bonds for which an
15estimated schedule of debt service payments was prepared, the
16Authority shall file an amended certification with respect to
17item (2) above, to specify the actual schedule of debt service
18payments, including the date and amount of each payment, for
19the remainder of the State fiscal year.
20    On the first day of each month of the State fiscal year in
21which there are bonds outstanding with respect to which the
22certification is made, the State Comptroller shall order
23transferred and the State Treasurer shall transfer from the
24Road Fund to the Public Transportation Fund the Additional
25State Assistance and Additional Financial Assistance in an
26amount equal to the aggregate of (i) one-twelfth of the sum of

 

 

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1the amounts certified under items (1) and (3) above less the
2amount certified under item (4) above, plus (ii) the amount
3required to pay debt service on bonds and notes issued during
4the fiscal year, if any, divided by the number of months
5remaining in the fiscal year after the date of issuance, or
6some smaller portion as may be necessary under subsection (c)
7or (c-5) of this Section for the relevant State fiscal year,
8plus (iii) any cumulative deficiencies in transfers for prior
9months, until an amount equal to the sum of the amounts
10certified under items (1) and (3) above, plus the actual debt
11service certified under item (2) above, less the amount
12certified under item (4) above, has been transferred; except
13that these transfers are subject to the following limits:
14        (A) In no event shall the total transfers in any State
15    fiscal year relating to outstanding bonds and notes issued
16    by the Authority under subdivision (g)(2) of Section 4.04
17    exceed the lesser of the annual maximum amount specified in
18    subsection (c) or the sum of the amounts certified under
19    items (1) and (3) above, plus the actual debt service
20    certified under item (2) above, less the amount certified
21    under item (4) above, with respect to those bonds and
22    notes.
23        (B) In no event shall the total transfers in any State
24    fiscal year relating to outstanding bonds and notes issued
25    by the Authority under subdivision (g)(3) of Section 4.04
26    exceed the lesser of the annual maximum amount specified in

 

 

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1    subsection (c-5) or the sum of the amounts certified under
2    items (1) and (3) above, plus the actual debt service
3    certified under item (2) above, less the amount certified
4    under item (4) above, with respect to those bonds and
5    notes.
6    The term "outstanding" does not include bonds or notes for
7which refunding or advance refunding bonds or notes have been
8issued.
9    (e) Neither Additional State Assistance nor Additional
10Financial Assistance may be pledged, either directly or
11indirectly as general revenues of the Authority, as security
12for any bonds issued by the Authority. The Authority may not
13assign its right to receive Additional State Assistance or
14Additional Financial Assistance, or direct payment of
15Additional State Assistance or Additional Financial
16Assistance, to a trustee or any other entity for the payment of
17debt service on its bonds.
18    (f) The certification required under subsection (d) with
19respect to outstanding bonds and notes of the Authority shall
20be filed as early as practicable before the beginning of the
21State fiscal year to which it relates. The certification shall
22be revised as may be necessary to accurately state the debt
23service requirements of the Authority.
24    (g) Within 6 months of the end of each fiscal year, the
25Authority shall determine:
26        (i) whether the aggregate of all system generated

 

 

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1    revenues for public transportation in the metropolitan
2    region which is provided by, or under grant or purchase of
3    service contracts with, the Service Boards equals 50% of
4    the aggregate of all costs of providing such public
5    transportation. "System generated revenues" include all
6    the proceeds of fares and charges for services provided,
7    contributions received in connection with public
8    transportation from units of local government other than
9    the Authority, except for contributions received by the
10    Chicago Transit Authority from a real estate transfer tax
11    imposed under subsection (i) of Section 8-3-19 of the
12    Illinois Municipal Code, and from the State pursuant to
13    subsection (i) of Section 2705-305 of the Department of
14    Transportation Law, and all other revenues properly
15    included consistent with generally accepted accounting
16    principles but may not include: the proceeds from any
17    borrowing, and, beginning with the 2007 fiscal year, all
18    revenues and receipts, including but not limited to fares
19    and grants received from the federal, State or any unit of
20    local government or other entity, derived from providing
21    ADA paratransit service pursuant to Section 2.30 of the
22    Regional Transportation Authority Act. "Costs" include all
23    items properly included as operating costs consistent with
24    generally accepted accounting principles, including
25    administrative costs, but do not include: depreciation;
26    payment of principal and interest on bonds, notes or other

 

 

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1    evidences of obligations for borrowed money of the
2    Authority; payments with respect to public transportation
3    facilities made pursuant to subsection (b) of Section 2.20;
4    any payments with respect to rate protection contracts,
5    credit enhancements or liquidity agreements made under
6    Section 4.14; any other cost as to which it is reasonably
7    expected that a cash expenditure will not be made; costs
8    for passenger security including grants, contracts,
9    personnel, equipment and administrative expenses, except
10    in the case of the Chicago Transit Authority, in which case
11    the term does not include costs spent annually by that
12    entity for protection against crime as required by Section
13    27a of the Metropolitan Transit Authority Act; the costs of
14    Debt Service paid by the Chicago Transit Authority, as
15    defined in Section 12c of the Metropolitan Transit
16    Authority Act, or bonds or notes issued pursuant to that
17    Section; the payment by the Commuter Rail Division of debt
18    service on bonds issued pursuant to Section 3B.09; expenses
19    incurred by the Suburban Bus Division for the cost of new
20    public transportation services funded from grants pursuant
21    to Section 2.01e of this Act for a period of 2 years from
22    the date of initiation of each such service; costs as
23    exempted by the Board for projects pursuant to Section 2.09
24    of this Act; or, beginning with the 2007 fiscal year,
25    expenses related to providing ADA paratransit service
26    pursuant to Section 2.30 of the Regional Transportation

 

 

HB3966- 27 -LRB101 14127 AWJ 62994 b

1    Authority Act; or in fiscal years 2008 through 2012
2    inclusive, costs in the amount of $200,000,000 in fiscal
3    year 2008, reducing by $40,000,000 in each fiscal year
4    thereafter until this exemption is eliminated; and any lost
5    revenue experienced by the Commuter Rail Board due to the
6    implementation of any requirement of Section 3B.09c. If
7    said system generated revenues are less than 50% of said
8    costs, the Board shall remit an amount equal to the amount
9    of the deficit to the State. The Treasurer shall deposit
10    any such payment in the Road Fund; and
11        (ii) whether, beginning with the 2007 fiscal year, the
12    aggregate of all fares charged and received for ADA
13    paratransit services equals the system generated ADA
14    paratransit services revenue recovery ratio percentage of
15    the aggregate of all costs of providing such ADA
16    paratransit services.
17    (h) If the Authority makes any payment to the State under
18paragraph (g), the Authority shall reduce the amount provided
19to a Service Board from funds transferred under paragraph (a)
20in proportion to the amount by which that Service Board failed
21to meet its required system generated revenues recovery ratio.
22A Service Board which is affected by a reduction in funds under
23this paragraph shall submit to the Authority concurrently with
24its next due quarterly report a revised budget incorporating
25the reduction in funds. The revised budget must meet the
26criteria specified in clauses (i) through (vi) of Section

 

 

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14.11(b)(2). The Board shall review and act on the revised
2budget as provided in Section 4.11(b)(3).
3(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
4101-10, eff. 6-5-19.)
 
5    (70 ILCS 3615/4.17 new)
6    Sec. 4.17. Lost revenue report; reimbursement.
7    (a) Not later than the 15th day of each month, each Service
8Board shall submit to the Authority a report containing the
9amount of lost revenue, if any, that is attributed to
10implementation of Sections 3A.19 and 3B.09c of this Act and
11Section 30.5 of the Metropolitan Transit Authority Act as
12compared with revenue and expenses before the effective date of
13this amendatory Act of the 101st General Assembly. The report
14shall specify how lost revenue under Sections 3A.19, 3B.09c,
15and 30.5 should be attributed between the Service Boards.
16    (b) The Board shall review the reports submitted under
17subsection (a) and may require a Service Board to reimburse
18another Service Board that lost revenue due to implementation
19of Sections 3A.19 and 3B.09c of this Act and Section 30.5 of
20the Metropolitan Transit Authority Act.
21    (c) Each Service Board shall include in their annual budget
22estimates of expected lost revenues and expenses under
23subsection (a) and expected reimbursement under subsection
24(b).
25    (d) The Authority shall adopt rules to implement the

 

 

HB3966- 29 -LRB101 14127 AWJ 62994 b

1requirements of this Section.
 
2    Section 99. Effective date. This Act takes effect June 1,
32020.

 

 

HB3966- 30 -LRB101 14127 AWJ 62994 b

1 INDEX
2 Statutes amended in order of appearance
3    70 ILCS 3605/30.5 new
4    70 ILCS 3615/3A.19 new
5    70 ILCS 3615/3B.09c new
6    70 ILCS 3615/4.01from Ch. 111 2/3, par. 704.01
7    70 ILCS 3615/4.09from Ch. 111 2/3, par. 704.09
8    70 ILCS 3615/4.17 new