103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5823

 

Introduced 4/30/2024, by Rep. Kam Buckner

 

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. Includes provisions about the operation of the Metropolitan Mobility Authority. Repeals the Metropolitan Transit Authority Act and the Regional Transportation Authority Act. Amends various Acts, Laws, and Codes to make conforming changes. Creates the Equitable Transit-Supportive Development Act. Establishes the Office of Transit-Oriented Development and the Transit-Supportive Development Fund. 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. Amends the State Finance Act to make a conforming change. Amends the Department of Transportation Law of the Civil Administrative Code. Requires the Department to establish, staff, and support an Office of Public Transportation Support for the purpose of optimizing the operation of public transportation vehicles and the delivery of public transportation services on highways under the Department's jurisdiction in the Metropolitan Mobility Authority's metropolitan region. Describes the duties and operations of the Office. Amends the Toll Highway Act. Provides that the Chair of the Metropolitan Mobility Authority is a nonvoting member of the Illinois State Toll Highway Authority.


LRB103 40434 AWJ 72767 b

 

 

A BILL FOR

 

HB5823LRB103 40434 AWJ 72767 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
Article I. METROPOLITAN MOBILITY AUTHORITY

 
5    Section 1.01. Short title. Articles I through VI of this
6Act may be cited as the Metropolitan Mobility Authority Act.
7References to "this Act" in Articles I through VI of this Act
8mean Articles I through VI of this Act.
 
9    Section 1.02. Legislative findings and purpose.
10    (a) The General Assembly finds:
11        (1) Section 7 of Article XIII of the Illinois
12    Constitution provides that public transportation is an
13    essential public purpose for which public funds may be
14    expended, and it also authorizes the State to provide
15    financial assistance to units of local government for
16    distribution to providers of public transportation.
17        (2) There is an urgent need to reform and continue a
18    unit of local government to ensure the proper management
19    and operation of public transportation, to receive and
20    distribute State or federal operating assistance, and to
21    raise and distribute revenues for local operating
22    assistance. System generated revenues are not adequate for

 

 

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1    such service and a public need exists to provide for, aid,
2    and assist public transportation in the metropolitan
3    region, consisting of Cook, DuPage, Kane, Lake, McHenry,
4    and Will counties.
5        (3) Comprehensive and coordinated regional public
6    transportation is essential to public health, safety, and
7    welfare. It is essential to ensuring economic well-being,
8    addressing the climate crisis, providing affordable
9    transportation options for residents at all income levels,
10    conserving sources of energy and land for open space,
11    reducing traffic congestion, and providing for and
12    maintaining a healthful environment for the benefit of
13    present and future generations in the metropolitan region.
14    Public transportation decreases air pollution and other
15    environmental hazards as well as the tragic loss of life
16    from crashes and allows for more efficient land use and
17    planning.
18        (4) Public transportation advances equity and equal
19    opportunity by improving the mobility of the public and
20    providing more people with greater access to jobs,
21    commercial businesses, schools, medical facilities, and
22    cultural attractions.
23        (5) Public transportation in the metropolitan region
24    is being threatened by grave financial conditions. With
25    existing methods of financing, coordination, structure,
26    and management, the public transportation system is not

 

 

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1    providing adequate service to ensure the public health,
2    safety, and welfare.
3        (6) The COVID-19 pandemic caused unprecedented
4    disruption in public transportation ridership and
5    operations from which the service providers have yet to
6    fully recover and the pandemic-related federal funding
7    support for public transportation operations has expired.
8    Although ridership levels continue to improve from the
9    lowest levels observed during the pandemic, net ridership
10    levels have not recovered to pre-pandemic levels.
11    Furthermore, the system experienced persistent losses in
12    ridership, service quality, and financial stability for
13    many years before the pandemic. These systemic issues,
14    combined with the changes in passenger behaviors,
15    experiences, and commuting patterns experienced since the
16    pandemic, create conditions untenable to a sustainable and
17    thriving public transportation system.
18        (7) Additional commitments to the public
19    transportation needs of persons with disabilities, the
20    economically disadvantaged, and the elderly are necessary.
21        (8) To solve these problems, it is necessary to
22    provide for the creation of a regional transportation
23    authority with the powers necessary to ensure adequate
24    public transportation and a board of directors that has
25    the diverse experience, expertise, and background to
26    effectively oversee the public transportation system.

 

 

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1        (9) A substantial or total loss of public
2    transportation services or any segment of public
3    transportation services would create an emergency
4    threatening the safety and well-being of the people in the
5    metropolitan region.
6        (10) To meet the urgent needs of the people of the
7    metropolitan region, avoid a transportation emergency, and
8    provide financially sound methods of managing the
9    provision of public transportation services in the
10    metropolitan region, it is necessary to create one truly
11    integrated regional transit system instead of 3 separate
12    transit systems by combining the existing Service Boards
13    and Regional Transportation Authority into one agency.
14        (11) The economic vitality of Illinois requires
15    regionwide and systemwide efforts to increase ridership on
16    the transit systems, improve roadway operations within the
17    metropolitan region, and allocate resources for
18    transportation so as to assist in the development of an
19    adequate, efficient, equitable, and coordinated regional
20    public transportation system that is in a state of good
21    repair.
22    (b) It is the purpose of this Act to provide for, aid, and
23assist public transportation in the metropolitan region
24without impairing the overall quality of existing public
25transportation by providing for the creation of a single
26authority responsive to the people and elected officials of

 

 

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1the area and with the power and competence to operate the
2regional transportation system, develop, implement, and
3enforce plans that promote adequate, efficient, equitable, and
4coordinated public transportation, provide responsible
5financial stewardship of the public transportation system in
6the metropolitan region, and facilitate the delivery of public
7transportation that is attractive and safe to passengers and
8employees, comprehensive and coordinated among its various
9elements, economic and efficient, and coordinated among local,
10regional, and State programs, plans, and projects.
 
11    Section 1.03. Definitions. As used in this Act:
12    "Authority" means the Metropolitan Mobility Authority, the
13successor to the Regional Transportation Authority and the
14Chicago Transit Authority.
15    "Board" means the Board of Directors of the Metropolitan
16Mobility Authority.
17    "Consolidated entities" means the Chicago Transit
18Authority, the Commuter Rail Division and the Suburban Bus
19Division of the Regional Transportation Authority, the
20Regional Transportation Authority, and all of their
21subsidiaries and affiliates.
22    "Construct or acquire" means to plan, design, construct,
23reconstruct, improve, modify, extend, landscape, expand, or
24acquire.
25    "Fare capping" means the action of no longer charging a

 

 

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1rider for any additional fares for the duration of a daily,
2weekly, monthly, or 30-day pass once the rider has purchased
3enough regular one-way fares to reach the cost of the
4applicable pass.
5    "Metropolitan region" means all territory included within
6the territory of the Authority as provided in this Act, and
7such territory as may be annexed to the Authority.
8    "Municipality", "county", and "unit of local government"
9have the meanings given to those terms in Section 1 of Article
10VII of the Illinois Constitution.
11    "Operate" means operate, maintain, administer, repair,
12promote, and any other acts necessary or proper with regard to
13such matters.
14    "Operating Division" means the Suburban Bus, Commuter
15Rail, and Chicago Transit Operating Divisions and any public
16transportation operating division formed by the Authority
17after the effective date of this Act.
18    "Public transportation" means the transportation or
19conveyance of persons within the metropolitan region by means
20available to the general public, including groups of the
21general public with special needs. "Public transportation"
22does not include transportation by automobiles not used for
23conveyance of the general public as passengers.
24    "Public transportation facility" means the equipment or
25property, real or personal, or rights therein, useful or
26necessary for providing, maintaining or administering public

 

 

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1transportation within the metropolitan region or otherwise
2useful for carrying out or meeting the purposes or powers of
3the Authority. Except as otherwise provided by this Act,
4"public transportation facility" does not include a road,
5street, highway, bridge, toll highway, or toll bridge for
6general public use.
7    "Regional rail" means a commuter rail service pattern that
8emphasizes more frequent off-peak service, simplified
9schedules, and non-downtown trips. "Regional rail" may include
10other elements, such as running trains through downtown
11stations.
12    "Service Boards" means the boards of the Commuter Rail
13Division, the Suburban Bus Division, and the Chicago Transit
14Authority of the former Regional Transportation Authority.
15    "Service Standards" means quantitative and qualitative
16attributes of public transit service as well as its
17appropriate level of service to be provided across the
18metropolitan region.
19    "Transportation agency" means any individual, firm,
20partnership, corporation, association, body politic, municipal
21corporation, public authority, unit of local government, or
22other person, other than the Authority and the Operating
23Divisions, that provides public transportation in the
24metropolitan region.
 
25
Article II. CREATION AND ORGANIZATION

 

 

 

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1    Section 2.01. Establishment of the Authority. The
2Metropolitan Mobility Authority is established upon the
3effective date of this Act. The Authority is a unit of local
4government, body politic, political subdivision, and municipal
5corporation.
 
6    Section 2.02. Territory and annexation.
7    (a) The initial territory of the Authority is Cook,
8DuPage, Kane, Lake, McHenry, and Will counties. Any other
9county or portion thereof in Illinois contiguous to the
10metropolitan region may be annexed to the Authority on such
11conditions as the Authority shall by ordinance prescribe, by
12ordinance adopted by the county board of such county, and by
13approval by the Authority. Upon such annexation, a certificate
14of such action shall be filed by the Secretary of the Authority
15with the county clerk of the county so annexing to the
16Authority and with the Secretary of State and the Department
17of Revenue.
18    (b) No area may be annexed to the Authority except upon the
19approval of a majority of the electors of such area voting on
20the proposition so to annex, which proposition may be
21presented at any regular election as provided by the county
22board or boards of the county or counties in which the area in
23question is located. Such county board or boards shall cause
24certification of such proposition to be given in accordance

 

 

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1with the general election law to the proper election officers,
2who shall submit the proposition at an election in accordance
3with the general election law.
 
4    Section 2.03. Extraterritorial authority. To provide or
5assist any transportation of members of the general public
6between points in the metropolitan region and points outside
7the metropolitan region, whether in this State, Wisconsin, or
8Indiana, the Authority may enter into agreements with any unit
9of local government, individual, corporation, or other person
10or public agency in or of any such state or any private entity
11for such service. Such agreements may provide for
12participation by the Authority in providing such service and
13for grants by the Authority in connection with any such
14service, and may, subject to federal and State law, set forth
15any terms relating to such service, including coordinating
16such service with public transportation in the metropolitan
17region. Such agreement may be for such number of years or
18duration as the parties may agree. In regard to any such
19agreements or grants, the Authority shall consider the benefit
20to the metropolitan region and the financial contribution with
21regard to such service made or to be made from public funds in
22such areas served outside the metropolitan region.
 
23    Section 2.04. Board of Directors.
24    (a) The corporate authorities and governing body of the

 

 

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1Authority shall be a Board consisting of voting Directors and
2nonvoting Directors appointed as follows:
3        (1) 3 Directors appointed by the Governor with the
4    advice and consent of the Senate;
5        (2) 5 Directors appointed by the Mayor of the City of
6    Chicago with the advice and consent of the City Council of
7    the City of Chicago, one of whom shall be the Commissioner
8    of the Mayor's Office for People with Disabilities;
9        (3) 5 Directors appointed by the President of the Cook
10    County Board of Commissioners with the advice and consent
11    of the members of the Cook County Board of Commissioners;
12        (4) one Director appointed by each of the chairs of
13    the county boards of DuPage, Kane, Lake, McHenry, and Will
14    counties with the advice and consent of their respective
15    county boards; and
16        (5) the following nonvoting Directors:
17            (A) the Secretary of Transportation or the
18        Secretary's designee;
19            (B) the Chair of the Board of Directors of the
20        Illinois State Toll Highway Authority or the Chair's
21        designee;
22            (C) a representative of organized labor, appointed
23        by the Governor;
24            (D) a representative from the business community
25        in the metropolitan region, appointed by the voting
26        members of the Board;

 

 

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1            (E) a representative from the disability
2        community, appointed by the voting members of the
3        Board after consulting with at least 3 organizations
4        in the disability community in the metropolitan region
5        selected by the Board; and
6            (F) the Chair of the Citizens Advisory Board
7        established by Section 2.12.
8    (b) All Directors shall be residents of the metropolitan
9region except for those Directors appointed pursuant to
10paragraph (1) of subsection (a) and subparagraphs (A) and (B)
11of paragraph (5) of subsection (a), who shall be residents of
12the State of Illinois.
13    (c) Nonvoting Directors shall have the same rights to
14access Board-related materials and to participate in Board
15meetings as Directors with voting rights.
16    (d) Nonvoting Directors shall be subject to the same
17conflict of interest restrictions applicable to other
18Directors, are subject to all ethics requirements applicable
19to the other Directors, and must comply with the public
20transportation system usage and meeting attendance
21requirements of Sections 5.02 and 5.03.
 
22    Section 2.05. Director qualifications.
23    (a) Except as otherwise provided by this Act, a Director
24may not, while serving as a Director, be an officer, a member
25of the board of directors, a trustee, or an employee of a

 

 

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1transportation agency or be an employee of the State of
2Illinois or any department or agency of the State.
3    (b) Each appointment made under this Section shall be
4certified by the appointing authority to the Board, which
5shall maintain the certifications as part of the official
6records of the Authority.
7    (c) Directors shall have diverse and substantial relevant
8experience and expertise for overseeing the planning,
9operation, and funding of a regional public transportation
10system, including, but not limited to, backgrounds in urban
11and regional planning, management of large capital projects,
12labor relations, business management, public administration,
13transportation, and community organizations.
 
14    Section 2.06. Director decision-making. Directors must
15make decisions on behalf of the Authority based on the
16Director's assessment of how best to build an integrated,
17equitable, and efficient regional public transit system for
18the metropolitan region as a whole.
 
19    Section 2.07. Board Chair and other officers.
20    (a) The Chair of the Board shall be appointed by the other
21Directors for a term of 5 years. The Chair shall not be
22appointed from among the other Directors. The Chair shall be a
23resident of the metropolitan region. The Chair may be replaced
24at any time by the Directors.

 

 

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1    (b) The Chair shall preside at Board meetings and shall be
2entitled to vote on all matters.
3    (c) The Board shall select a Secretary and a Treasurer and
4may select persons to fill such other offices of the Board and
5to perform such duties as it shall from time to time determine.
6The Secretary, Treasurer, and other officers of the Board may
7be, but need not be, members of the Board.
8    (d) The Chair of the Board shall serve as the Acting Chief
9Executive Officer of the Authority until the appointment of
10the initial Chief Executive Officer. While the Chair is
11serving as the Acting Chief Executive Officer of the
12Authority, the Chair shall be entitled to annual compensation
13at least equal to the compensation paid to the most highly
14compensated Chief Executive Officer of a Service Board as of
15the effective date of this Act, subject to appropriate
16adjustments made by the Board. When the Chair is no longer
17serving as the Acting Chief Executive Officer of the
18Authority, the Chair shall be compensated at the same rate as
19the other Directors of the Board.
 
20    Section 2.08. Terms and vacancies.
21    (a) Each Director shall hold office for a term of 5 years
22and until the Director's successor has been appointed and has
23qualified. A vacancy shall occur upon resignation, death,
24conviction of a felony, or removal from office of a Director. A
25Director may be removed from office (i) upon concurrence of a

 

 

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1majority of the Directors, on a formal finding of
2incompetence, neglect of duty, or malfeasance in office or
3(ii) by the Governor in response to a summary report received
4from the Governor's Executive Inspector General in accordance
5with Section 20-50 of the State Officials and Employees Ethics
6Act if the Director has had an opportunity to be publicly heard
7in person or by counsel prior to removal. As soon as feasible
8after the office of a Director becomes vacant for any reason,
9the appointing authority of the Director shall make an
10appointment to fill the vacancy pursuant to Section 2.04. A
11vacancy shall be filled for the unexpired term.
12    (b) The terms of the initial set of Directors selected to
13the Board pursuant to this Act shall be as follows:
14        (1) Directors appointed by the Mayor of the City of
15    Chicago and the Governor shall serve an initial term of 3
16    years and their successors shall serve five-year terms
17    until the Director's successor has been appointed and
18    qualified.
19        (2) Directors appointed by the President of the Cook
20    County Board of Commissioners and the board chairs of
21    Will, Kane, DuPage, McHenry, and Lake counties shall serve
22    an initial term of 5 years and their successors shall
23    serve 5-year terms until the Director's successor has been
24    appointed and qualified.
 
25    Section 2.09. Compensation. Each Director, including the

 

 

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1Chair of the Authority, shall be compensated at the rate of
2$25,000 per year, but nonvoting Directors employed by a public
3agency are not entitled to such compensation. Each Director
4shall be reimbursed for actual expenses incurred in the
5performance of the Director's duties. Officers of the
6Authority shall not be required to comply with the
7requirements of the Public Funds Statement Publication Act.
 
8    Section 2.10. Meetings.
9    (a) The Board shall prescribe the times and places for
10meetings and the manner in which special meetings may be
11called. Board meetings shall be held in a place easily
12accessible by public transit. The Board shall comply in all
13respects with the Open Meetings Act. All records, documents,
14and papers of the Authority, other than those relating to
15matters concerning which closed sessions of the Board, may be
16held and any redactions as permitted or required by applicable
17law, shall be available for public examination, subject to
18such reasonable regulations as the Board may adopt.
19    (b) A majority of the whole number of members of the
20Authority then in office shall constitute a quorum for the
21transaction of any business or the exercise of any power of the
22Authority. Unless otherwise stated by this Act, actions of the
23Authority shall require the affirmative vote of a majority of
24the voting members of the Authority present and voting at the
25meeting at which the action is taken.

 

 

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1    (c) Open meetings of the Board shall be broadcast to the
2public and maintained in real time on the Board's website
3using a high-speed Internet connection. Recordings of each
4meeting broadcast shall be posted to the Board's website
5within a reasonable time after the meeting and shall be
6maintained as public records to the extent practicable, as
7determined by the Board. Compliance with these provisions does
8not relieve the Board of its obligations under the Open
9Meetings Act.
 
10    Section 2.11. Director liability.
11    (a) A Director of the Authority is not liable for any
12injury resulting from any act or omission in determining
13policy or exercising discretion, except: (1) for willful or
14wanton misconduct; or (2) as otherwise provided by law.
15    (b) If any claim or action is instituted against a
16Director of the Authority based on an injury allegedly arising
17out of an act or omission of the Director occurring within the
18scope of the Director's performance of duties on behalf of the
19Authority, the Authority shall indemnify the Director for all
20legal expenses and court costs incurred in defending against
21the claim or action and shall indemnify the Director for any
22amount paid pursuant to any judgment on, or any good faith
23settlement of, such claim, except for that portion of a
24judgment awarded for willful or wanton misconduct.
25    (c) The Authority may purchase insurance to cover the

 

 

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1costs of any legal expenses, judgments, or settlements under
2this Section.
 
3    Section 2.12. Citizen Advisory Board. There is established
4a Citizen Advisory Board. The Board shall appoint at least 5
5and not more than 15 members to the Citizen Advisory Board. The
6Board shall follow the selection process in Section 5.01 for
7its appointments to the Citizen Advisory Board. The Board
8should strive to assemble a Citizen Advisory Board that is
9reflective of the diversity of the metropolitan region, the
10users of the various modes of public transportation, and the
11interests of the residents and institutions of the region in a
12strong public transportation system. At least one member of
13the Citizen Advisory Board shall represent transit riders with
14disabilities. The Citizen Advisory Board shall meet at least
15quarterly and shall advise the Board of the impact of its
16policies and programs on the communities within the
17metropolitan region. Members shall serve without compensation
18but shall be entitled to reimbursement of reasonable and
19necessary costs incurred in the performance of their duties.
20Citizen Advisory Board members are subject to the public
21transportation system usage requirements applicable to
22Authority Directors pursuant to Section 5.02.
 
23
Article III. TRANSITION

 

 

 

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1    Section 3.01. Transition Committee.
2    (a) The Board shall establish a Transition Committee of
3the Board composed of a diverse subset of Directors. Directors
4appointed to the Transition Committee shall devote substantial
5time and effort to managing the transitions required by this
6Act in addition to their regular responsibilities as
7Directors. In recognition of this level of additional effort,
8the Board may authorize additional compensation for the
9Directors serving on the Transition Committee over the
10Director compensation authorized by Section 2.09. Such
11additional compensation shall be on a documented per hour
12worked basis at a rate set by the Board up to $150,000
13annually.
14    (b) The responsibilities of the Transition Committee,
15subject to the oversight of the Board, include the following:
16        (1) developing a transition plan for implementing the
17    improvements contemplated by this Act;
18        (2) forming, staffing, and overseeing the activities
19    of an Integration Management Office charged with the
20    day-to-day responsibility for implementing the operational
21    and organization changes contemplated by this Act;
22        (3) leading the search for a Chief Executive Officer
23    of the Authority who has experience managing large public
24    transportation systems, which may include systems outside
25    of North America, or who has similar relevant experience
26    in managing other complex organizations;

 

 

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1        (4) overseeing the transfer of personnel and staff
2    responsibilities from the consolidated entities to the
3    Authority to implement the provisions of this Act most
4    effectively; and
5        (5) regularly reporting to the full Board on the
6    status of the transition effort and make recommendations
7    for Board policies and actions.
8    (c) The Board shall implement this Act in accordance with
9the following timetable:
10        (1) All seats on the Board shall be filled, a Chair
11    shall be selected, and the Board Transition Committee
12    shall be appointed and in operation no later than one year
13    after the effective date of this Act.
14        (2) The Integration Management Office shall be fully
15    organized and operating by no later than 2 years after the
16    effective date of this Act.
17        (3) A permanent Chief Executive Officer shall be
18    selected and in place at the Authority by no later than 3
19    years after the effective date of this Act.
20        (4) A final transition plan shall be approved by no
21    later than 3 years after the effective date of this Act.
22        (5) The transfer of all functions and responsibilities
23    to the Authority as contemplated by this Act shall be
24    completed by no later than 4 years after the effective
25    date of this Act.
 

 

 

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1    Section 3.02. Consolidation. On the effective date of this
2Act and without further action:
3        (1) The Chicago Transit Authority, the Commuter Rail
4    Division and the Suburban Bus Division of the Regional
5    Transportation Authority, and the Regional Transportation
6    Authority are consolidated into the Authority and the
7    Service Boards are abolished.
8        (2) To the fullest extent allowed by applicable law,
9    the Authority shall succeed to all the rights, assets,
10    franchises, contracts, property, and interests of every
11    kind of the consolidated entities, including all rights,
12    powers, and duties of the Commuter Rail Division with
13    respect to the Northeast Illinois Regional Rail Passenger
14    Corporation.
15        (3) All previous lawful actions of the consolidated
16    entities shall be valid and binding upon the Authority,
17    and the Authority shall be substituted for the
18    consolidated entities with respect to each of those
19    actions.
20        (4) All fines, penalties, and forfeitures incurred or
21    imposed for the violation of any ordinance of a
22    consolidated entity shall be enforced or collected by the
23    Authority.
24        (5) All lawful ordinances, regulations, and rules of
25    the consolidated entities consistent with the provisions
26    of this Act shall continue in full force and effect as

 

 

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1    ordinances, regulations, and rules of the Authority until
2    amended or repealed by the Authority.
3        (6) The title to and possession of all land, property,
4    and funds of every kind owned by or in which a consolidated
5    entity possesses an interest shall not revert or be
6    impaired but shall be vested in the Authority to the same
7    extent and subject to the same restrictions, if any,
8    applicable to the land, property, and funds.
9        (7) A director or officer ceasing to hold office by
10    virtue of this Act and any employee of a consolidated
11    entity shall deliver and turn over to the Authority, or to
12    a person it may designate, all papers, records, books,
13    documents, property, real and personal, and pending
14    business of any kind in the director's, officer's, or
15    employee's possession or custody and shall account to the
16    Authority for all moneys for which the director, officer,
17    or employee is responsible.
18        (8) The separate existence of the consolidated
19    entities shall cease and the term of office of each
20    director and officer of those entities shall terminate,
21    except that the directors of the Regional Transportation
22    Authority on the effective date of this Act shall serve as
23    temporary Directors of the Authority until their
24    successors are appointed pursuant to Section 5.01. The
25    Authority and the appointing authorities shall begin the
26    process under Section 5.01 to select successors to the

 

 

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1    temporary Directors no later than 30 days after the
2    effective date of this Act.
 
3    Section 3.03. Transfer of employees and collective
4bargaining rights.
5    (a) The provisions of this Section establish the
6procedures to be followed by the Authority in dealing with
7employees of the consolidated entities in carrying out the
8consolidation and reorganization of public transportation
9provided for in this Act and to provide fair and equitable
10protection for those employees.
11    (b) On the effective date of this Act, all persons
12employed by the consolidated entities shall become employees
13of the Authority.
14    (c) The Authority shall assume and observe all applicable
15collective bargaining and other agreements between the
16consolidated entities and their employees in effect on the
17effective date of this Act.
18    (d) The Authority shall assume all pension obligations of
19the consolidated entities and the employees of the
20consolidated entities who are members or beneficiaries of any
21existing pension or retirement system and shall continue to
22have the rights, privileges, obligations, and status with
23respect to such system or systems as prescribed by law.
24Employees shall be given sick leave, vacation, insurance, and
25pension credits in accordance with the records or labor

 

 

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1agreements of the consolidated entities provided to an
2employee under an ordinance adopted or a contract executed by
3a consolidated entity. The Authority shall determine the
4number of employees necessary to provide public transportation
5services on a consolidated basis and to carry out the
6functions of the Authority and shall determine fair and
7equitable arrangements for the employees of the Authority who
8are affected by actions provided for by this Act.
9    (e) If the Authority and an accredited representative of
10the employees of a consolidated entity fail to agree on a
11matter covered by a collective bargaining agreement and
12related to the implementation of this Act, either party may
13request the assistance of a mediator appointed by either the
14State or Federal Mediation and Conciliation Service who shall
15seek to resolve the dispute. If the dispute is not resolved by
16mediation within a 21-day period, the mediator shall certify
17to the parties that an impasse exists. Upon receipt of the
18mediator's certificate, the parties shall submit the dispute
19to arbitration by a board composed of 3 persons, one appointed
20by the Authority, one appointed by the labor organization
21representing the employees, and a third member to be agreed
22upon by the labor organization and the Authority. The member
23agreed upon by the labor organization and the Authority shall
24act as chair of the board. The determination of the majority of
25the board of arbitration thus established shall be final and
26binding on all matters in dispute. If, after a period of 10

 

 

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1days from the date of the appointment of the 2 arbitrators
2representing the Authority and the labor organization, the
3third arbitrator has not been selected, then either arbitrator
4may request the American Arbitration Association to furnish
5from the current listing of the membership of the National
6Academy of Arbitrators the names of 7 members of the National
7Academy. The arbitrators appointed by the Authority and the
8labor organization shall determine, promptly after the receipt
9of the list, by that order alternatively eliminate one name
10until only one name remains. The remaining person on the list
11shall be the third arbitrator. Each party shall pay an equal
12proportionate share of the impartial arbitrator's fees and
13expenses.
 
14
Article IV. POWERS

 
15    Section 4.01. Responsibility for public transportation. As
16the provider of public transportation in the metropolitan
17region, the Authority may:
18        (1) adopt plans that implement the public policy of
19    the State to provide adequate, efficient, equitable, and
20    coordinated public transportation throughout the
21    metropolitan region;
22        (2) develop Service Standards and performance measures
23    to inform the public about the extent to which the
24    provision of public transportation in the metropolitan

 

 

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1    region meets those goals, objectives, and standards;
2        (3) use the Service Standards and performance
3    standards to objectively and transparently determine the
4    level, nature, and kind of public transportation that
5    should be provided for the metropolitan region;
6        (4) budget and allocate operating and capital funds
7    efficiently and in a cost-effective manner to support
8    public transportation in the metropolitan region;
9        (5) coordinate the provision of public transportation
10    and the investment in public transportation facilities to
11    enhance the integration of public transportation
12    throughout the metropolitan region;
13        (6) operate or otherwise provide for public
14    transportation services throughout the metropolitan
15    region;
16        (7) plan, procure, and operate an integrated fare
17    collection system;
18        (8) conduct operations, service, and capital planning;
19        (9) provide design and construction oversight of
20    capital projects;
21        (10) procure goods and services necessary to fulfill
22    its responsibilities;
23        (11) develop or participate in residential and
24    commercial development on and in the vicinity of public
25    transportation stations and routes to facilitate
26    transit-supportive land uses, increase public

 

 

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1    transportation ridership, generate revenue, and improve
2    access to jobs and other opportunities in the metropolitan
3    region by public transportation; and
4        (12) take all other necessary and reasonable steps to
5    provide public transportation in the metropolitan region.
 
6    Section 4.02. General powers. Except as otherwise limited
7by this Act, the Authority shall have all powers necessary to
8meet its responsibilities and to carry out its purposes,
9including, but not limited to, the following powers:
10        (1) to sue and be sued;
11        (2) to invest any funds or any moneys not required for
12    immediate use or disbursement, as provided in the Public
13    Funds Investment Act;
14        (3) to make, amend, and repeal by-laws, rules, and
15    ordinances consistent with this Act;
16        (4) to borrow money and to issue its negotiable bonds
17    or notes;
18        (5) to hold, sell, sell by installment contract, lease
19    as lessor, transfer, or dispose of such real or personal
20    property as it deems appropriate in the exercise of its
21    powers or to provide for the use thereof by any
22    transportation agency and to mortgage, pledge, or
23    otherwise grant security interests in any such property;
24        (6) to enter at reasonable times upon such lands,
25    waters, or premises as in the judgment of the Authority

 

 

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1    may be necessary, convenient, or desirable for the purpose
2    of making surveys, soundings, borings, and examinations to
3    accomplish any purpose authorized by this Act after having
4    given reasonable notice of such proposed entry to the
5    owners and occupants of such lands, waters or premises,
6    the Authority being liable only for actual damage caused
7    by such activity;
8        (7) to procure the goods and services necessary to
9    perform its responsibilities;
10        (8) to make and execute all contracts and other
11    instruments necessary or convenient to the exercise of its
12    powers;
13        (9) to enter into contracts of group insurance for the
14    benefit of its employees, to provide for retirement or
15    pensions or other employee benefit arrangements for its
16    employees, and to assume obligations for pensions or other
17    employee benefit arrangements for employees of
18    transportation agencies, of which all or part of the
19    facilities are acquired by the Authority;
20        (10) to provide for the insurance of any property,
21    directors, officers, employees, or operations of the
22    Authority against any risk or hazard, and to self-insure
23    or participate in joint self-insurance pools or entities
24    to insure against any risk or hazard;
25        (11) to appear before the Illinois Commerce Commission
26    in all proceedings concerning the Authority or any

 

 

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1    transportation agency;
2        (12) to pass all ordinances and make all rules and
3    regulations proper or necessary to regulate the use,
4    operation, and maintenance of its property and facilities
5    and those of its Operating Divisions and, by ordinance, to
6    prescribe fines or penalties for violations of ordinances.
7    No fine or penalty shall exceed $5,000 per offense. An
8    ordinance providing for any fine or penalty shall be
9    published in a newspaper of general circulation in the
10    metropolitan region. No such ordinance shall take effect
11    until 10 days after its publication;
12        (13) to enter into arbitration arrangements, which may
13    be final and binding; and
14        (14) to provide funding and other support for projects
15    in the metropolitan region under the Equitable
16    Transit-Supportive Development Act.
 
17    Section 4.03. Purchase of transit services.
18    (a) The Authority may provide public transportation by
19purchasing public transportation services from transportation
20agencies through purchase of service agreements or grants.
21    (b) The Authority may make grants to or enter into
22purchase of service agreements with a transportation agency
23for operating and other expenses, developing or planning
24public transportation, or for constructing or acquiring public
25transportation facilities, all upon such terms and conditions

 

 

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1as the Authority shall prescribe.
2    (c) The Board shall adopt guidelines setting forth uniform
3standards for the making of grants and purchase of service
4agreements. The grants or purchase of service agreements may
5be for a number of years or duration as the parties shall
6agree.
7    (d) A transportation agency providing public
8transportation pursuant to a purchase of service or grant
9agreement with the Authority is subject to the Illinois Human
10Rights Act and the remedies and procedures established under
11that Act. The transportation agency shall file an affirmative
12action program with regard to public transportation so
13provided with the Department of Human Rights within one year
14of the purchase of service or grant agreement to ensure that
15applicants are employed and that employees are treated during
16employment without unlawful discrimination. The affirmative
17action program shall include provisions relating to hiring,
18upgrading, demotion, transfer, recruitment, recruitment
19advertising, selection for training, and rates of pay or other
20forms of compensation. Unlawful discrimination, as defined and
21prohibited in the Illinois Human Rights Act, may not be made in
22any term or aspect of employment, and discrimination based
23upon political reasons or factors is prohibited.
24    (e) The Authority is not subject to the Public Utilities
25Act. Transportation agencies that have any purchase of service
26or grant agreement with the Authority are not subject to that

 

 

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1Act as to any public transportation that is the subject of a
2purchase of service or grant agreement.
3    (f) A contract or agreement entered into by a
4transportation agency with the Authority and discontinuation
5of the contract or agreement by the Authority are not subject
6to approval of or regulation by the Illinois Commerce
7Commission.
8    (g) The Authority shall assume all costs of rights,
9benefits, and protective conditions to which an employee is
10entitled under this Act from a transportation agency if the
11inability of the transportation agency to meet its obligations
12in relation thereto due to bankruptcy or insolvency, provided
13that the Authority shall retain the right to proceed against
14the bankrupt or insolvent transportation agency or its
15successors, trustees, assigns or debtors for the costs
16assumed. The Authority may mitigate its liability under this
17subsection and under Section 2.11 to the extent of employment
18and employment benefits which it tenders.
 
19    Section 4.04. Paratransit services.
20    (a) As used in this Section, "ADA paratransit services"
21means those comparable or specialized transportation services
22provided to individuals with disabilities who are unable to
23use fixed-route transportation systems and who are determined
24to be eligible, for some or all of their trips, for such
25services under the Americans with Disabilities Act of 1990 and

 

 

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1its implementing regulations.
2    (b) The Authority is responsible for the funding,
3financial review, and oversight of all ADA paratransit
4services that are provided by the Authority or by any
5transportation agency.
6    (c) The Authority shall develop plans for the provision of
7ADA paratransit services and submit the plans to the Federal
8Transit Administration for approval. The Authority shall
9comply with the requirements of the Americans with
10Disabilities Act of 1990 and its implementing regulations in
11developing and approving the plans, including, without
12limitation, consulting with individuals with disabilities and
13groups representing them in the community and providing
14adequate opportunity for public comment and public hearings.
15The plans shall also include, without limitation, provisions
16to:
17        (1) maintain, at a minimum, the levels of ADA
18    paratransit service that are required to be provided by
19    the Authority pursuant to the Americans with Disabilities
20    Act of 1990 and its implementing regulations;
21        (2) provide for consistent policies throughout the
22    metropolitan region for scheduling of ADA paratransit
23    service trips to and from destinations, with consideration
24    of scheduling of return trips on a will-call, open-ended
25    basis upon request of the rider, if practicable;
26        (3) provide that service contracts and rates with

 

 

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1    private carriers and taxicabs for ADA paratransit service,
2    entered into or set after the approval by the Federal
3    Transit Administration, are procured by means of an open
4    procurement process;
5        (4) provide for fares, fare collection, and billing
6    procedures for ADA paratransit services throughout the
7    metropolitan region;
8        (5) provide for performance standards for all ADA
9    paratransit service transportation carriers, with
10    consideration of door-to-door service;
11        (6) provide, in cooperation with the Department of
12    Transportation, the Department of Healthcare and Family
13    Services, and other appropriate public agencies and
14    private entities for the application and receipt of
15    grants, including, without limitation, reimbursement from
16    Medicaid or other programs for ADA paratransit services;
17        (7) provide for a system of dispatch of ADA
18    paratransit services transportation carriers throughout
19    the metropolitan region with consideration of county-based
20    dispatch systems already in place;
21        (8) provide for a process of determining eligibility
22    for ADA paratransit services that complies with the
23    Americans with Disabilities Act of 1990 and its
24    implementing regulations;
25        (9) provide for consideration of innovative methods to
26    provide and fund ADA paratransit services; and

 

 

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1        (10) provide for the creation of an ADA advisory board
2    to represent the diversity of individuals with
3    disabilities in the metropolitan region and to provide
4    appropriate ongoing input from individuals with
5    disabilities into the operation of ADA paratransit
6    services.
7    (d) All revisions and annual updates to the ADA
8paratransit services plans developed pursuant to subsection
9(c), or certifications of continued compliance in lieu of plan
10updates, that are required to be provided to the Federal
11Transit Administration shall be developed by the Authority and
12the Authority shall submit the revision, update, or
13certification to the Federal Transit Administration for
14approval.
15    (e) The Department of Transportation, the Department of
16Healthcare and Family Services, and the Authority shall enter
17into intergovernmental agreements as may be necessary to
18provide funding and accountability for, and implementation of,
19the requirements of this Section.
20    (f) In conjunction with its adoption of its Strategic
21Plan, the Authority shall develop and submit to the General
22Assembly and the Governor a funding plan for ADA paratransit
23services. The funding plan shall, at a minimum, contain an
24analysis of the current costs of providing ADA paratransit
25services, projections of the long-term costs of providing ADA
26paratransit services, identification of and recommendations

 

 

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1for possible cost efficiencies in providing ADA paratransit
2services, and identification of and recommendations for
3possible funding sources for providing ADA paratransit
4services. The Department of Transportation, the Department of
5Healthcare and Family Services, and other State and local
6public agencies, as appropriate, shall cooperate with the
7Authority in the preparation of the funding plan.
8    (g) Any funds derived from the federal Medicaid program
9for reimbursement of the costs of providing ADA paratransit
10services within the metropolitan region shall be directed to
11the Authority and shall be used to pay for or reimburse the
12costs of providing ADA paratransit services.
 
13    Section 4.05. Fares and nature of service.
14    (a) The Authority has the sole authority for setting fares
15and charges for public transportation services in the
16metropolitan region, including public transportation provided
17by transportation agencies pursuant to purchase of service or
18grant agreements with the Authority, and for establishing the
19nature and standards of public transportation to be so
20provided in accordance with the Strategic Plan and Service
21Standards.
22    (b) The Authority shall develop and implement a regionally
23coordinated and consolidated fare collection system.
24    (c) Whenever the Authority provides any public
25transportation pursuant to grants to transportation agencies

 

 

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1for operating expenses, other than with regard to experimental
2programs, or pursuant to any purchase of service agreement,
3the purchase of service or grant agreements shall provide for
4the level and nature of fares or charges to be made for such
5services and the nature and standards of public transportation
6to be so provided.
7    (d) In so providing for the fares or charges and the nature
8and standards of public transportation, any purchase of
9service or grant agreements shall provide, among other
10matters, for the terms and cost of transfers or
11interconnections between different modes of transportation and
12different public transportation providers.
13    (e) At least once every 2 years, the Authority shall
14assess the need to make fare adjustments in light of
15inflation, budgetary needs, and other relevant policy
16considerations. The Board shall, by ordinance, retain the
17existing fare structure or adopt a revised fare structure. The
18Authority shall take reasonable steps to get public input as
19part of its assessment, and the Board shall conduct a public
20hearing before adopting its fare structure ordinance.
21    (f) By no later than 2 years after the effective date of
22this Act, the Authority shall implement:
23        (1) an income-based reduced fare program; and
24        (2) fare capping for individual services and across
25    public transportation service providers.
26    (g) The Authority must develop and make available for use

 

 

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1by riders a universal fare instrument that may be used
2interchangeably on all public transportation funded by the
3Authority.
 
4    Section 4.06. Use of streets and roads.
5    (a) The Authority may, by ordinance, provide for special
6lanes for exclusive or special use by public transportation
7vehicles with regard to any roads, streets, ways, highways,
8bridges, toll highways, or toll bridges in the metropolitan
9region, notwithstanding any other law, ordinance, or
10regulation to the contrary.
11    (b) The Authority may use and, by ordinance, authorize a
12transportation agency to use without any franchise, charge,
13permit, or license any public road, street, way, highway,
14bridge, toll highway, or toll bridge within the metropolitan
15region for the provision of public transportation.
16Transportation agencies that have purchase of service or grant
17agreements with the Authority as to any public transportation
18are not, as to any aspect of the public transportation,
19subject to any supervision, licensing, or regulation imposed
20by a unit of local government in the metropolitan region,
21except as may be specifically authorized by the Authority and
22except for regular police supervision of vehicular traffic.
 
23    Section 4.07. Bus rapid transit and related technologies.
24To improve public transportation service in the metropolitan

 

 

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1region, the Authority shall accelerate the implementation of
2bus rapid transit services using the expressway, tollway, and
3other roadway systems in the metropolitan region. The
4Department of Transportation and the Illinois State Toll
5Highway Authority shall collaborate with the Authority in the
6implementation of bus rapid transit services. The Authority,
7in cooperation with the Department of Transportation and the
8Illinois State Toll Highway Authority, shall evaluate and
9refine approaches to bus rapid transit operations and shall
10investigate technology options that facilitate the shared use
11of the bus rapid transit lanes and provide revenue for
12financing construction and operation of public transportation
13facilities. The Authority shall also research, evaluate, and,
14where appropriate, implement vehicle, infrastructure,
15intelligent transportation systems, and other technologies to
16improve the quality and safety of public transportation on
17roadway systems in the metropolitan region.
 
18    Section 4.08. Coordination with the Department of
19Transportation.
20    (a) The Authority shall promptly review the Department of
21Transportation's plans under Section 2705-354 of the
22Department of Transportation Law of the Civil Administrative
23Code of Illinois and provide the Department with
24recommendations for any needed modifications to enhance the
25operation and safety of public transportation on the highway.

 

 

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1The Department shall review the recommendations and respond to
2the Authority's comments as set forth in that Section.
3    (b) The Department and the Authority shall jointly develop
4and publish on their websites guidelines, timetables, and best
5practices for how they will advance highway designs and
6operations on highways under the Department's jurisdiction in
7the metropolitan region to optimize the efficacy, safety, and
8attractiveness of public transportation on such highways.
 
9    Section 4.09. Eminent domain.
10    (a) The Authority may take and acquire possession by
11eminent domain of any property or interest in property which
12the Authority may acquire under this Act. The power of eminent
13domain may be exercised by ordinance of the Authority and
14shall extend to all types of interests in property, both real
15and personal, including, without limitation, easements for
16access purposes to and rights of concurrent usage of existing
17or planned public transportation facilities, whether the
18property is public property or is devoted to public use and
19whether the property is owned or held by a public
20transportation agency, except as specifically limited by this
21Act.
22    (b) The Authority shall exercise the power of eminent
23domain granted in this Section in the manner provided for the
24exercise of the right of eminent domain under the Eminent
25Domain Act, except that the Authority may not exercise

 

 

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1quick-take authority provided in Article 20 of the Eminent
2Domain Act providing for immediate possession in such
3proceedings and except that those provisions of Section
410-5-10 of the Eminent Domain Act requiring prior approval of
5the Illinois Commerce Commission in certain instances shall
6apply to eminent domain proceedings by the Authority only as
7to any taking or damaging by the Authority of any real property
8of a railroad not used for public transportation or of any real
9property of other public utilities.
10    (c) The Authority may exercise the right of eminent domain
11to acquire public property with the approval of the Board. In a
12proceeding for the taking of public property by the Authority
13through the exercise of the power of eminent domain, the venue
14shall be in the circuit court of the county in which the
15property is located. The right of eminent domain may be
16exercised over property used for public park purposes, for
17State forest purposes, or for forest preserve purposes with
18the approval of the Board, after public hearing and a written
19study done for the Authority, that such taking is necessary to
20accomplish the purposes of this Act, that no feasible
21alternatives to such taking exist, and that the advantages to
22the public from such taking exceed the disadvantages to the
23public of doing so. In a proceeding for the exercise of the
24right of eminent domain for the taking by the Authority of
25property used for public park, State forest, or forest
26preserve purposes, the court shall not order the taking of

 

 

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1such property unless it has reviewed and concurred in the
2findings required of the Authority by this paragraph. Property
3dedicated as a nature preserve pursuant to the Illinois
4Natural Areas Preservation Act may not be acquired by eminent
5domain by the Authority.
6    (d) The acquisition by the Authority by eminent domain of
7any property is not subject to the approval of or regulation by
8the Illinois Commerce Commission, except that any requirement
9in Section 10-5-10 of the Eminent Domain Act requiring in
10certain instances prior approval of the Illinois Commerce
11Commission for taking or damaging of property of railroads or
12other public utilities shall continue to apply as to any
13taking or damaging by the Authority of any real property of
14such a railroad not used for public transportation or of any
15real property of such other public utility.
16    (e) Notwithstanding any other provision of this Act, any
17power granted under this Act to acquire property by
18condemnation or eminent domain is subject to, and shall be
19exercised in accordance with, the Eminent Domain Act.
 
20    Section 4.10. Acquisitions.
21    (a) The Authority may acquire any public transportation
22facility for its use or for use by a transportation agency and
23may acquire any such facilities from a transportation agency,
24including, without limitation, reserve funds, employees'
25pension or retirement funds, special funds, franchises,

 

 

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1licenses, patents, permits and papers, documents, and records
2of the transportation agency.
3    (b) In connection with an acquisition under subsection (a)
4from a transportation agency, the Authority may assume
5obligations of the transportation agency with regard to such
6facilities or property or public transportation operations of
7such agency.
8    (c) In each case in which this Act gives the Authority the
9power to construct or acquire real or personal property, the
10Authority may acquire such property by contract, purchase,
11gift, grant, exchange for other property or rights in
12property, lease, sublease, or installment or conditional
13purchase contracts. A lease or contract may provide for
14consideration to be paid in annual installments during a
15period not exceeding 40 years. Property may be acquired
16subject to such conditions, restrictions, liens, or security
17or other interests of other parties as the Authority deems
18appropriate, and, in each case, the Authority may acquire a
19joint, leasehold, easement, license, or other partial interest
20in such property. Any such acquisition may provide for the
21assumption of, or agreement to pay, perform, or discharge
22outstanding or continuing duties, obligations, or liabilities
23of the seller, lessor, donor, or other transferor of or of the
24trustee with regard to such property.
25    (d) In connection with the acquisition of public
26transportation equipment, including, but not limited to,

 

 

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1rolling stock, vehicles, locomotives, buses, or rapid transit
2equipment, the Authority may also execute agreements
3concerning such equipment leases, equipment trust
4certificates, conditional purchase agreements, and other
5security agreements and may make such agreements and covenants
6as required in the form customarily used in such cases
7appropriate to effect such acquisition.
8    (e) Obligations of the Authority incurred pursuant to this
9Section shall not be considered bonds or notes within the
10meaning of Section 6.05.
 
11    Section 4.11. Public bidding.
12    (a) The Board shall adopt rules to ensure that the
13acquisition by the Authority of services or public
14transportation facilities, other than real estate, involving a
15cost of more than the small purchase threshold set by the
16Federal Transit Administration and the disposition of all
17property of the Authority shall be after public notice and
18with public bidding.
19    (b) The Board shall adopt rules to ensure that the
20construction, demolition, rehabilitation, renovation, and
21building maintenance projects by the Authority for services or
22public transportation facilities involving a cost of more than
23$40,000 or such other amount set by the Board by ordinance
24shall be after public notice and with public bidding. The
25ordinance may provide for exceptions to such requirements for

 

 

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1acquisition of repair parts, accessories, equipment, or
2services previously furnished or contracted for; for the
3immediate delivery of supplies, material, or equipment or
4performance of service when it is determined by the
5concurrence of a majority of the then Directors that an
6emergency requires immediate delivery or supply thereof; for
7goods or services that are economically procurable from only
8one source; for contracts for the maintenance or servicing of
9equipment which are made with the manufacturers or authorized
10service agent of that equipment where the maintenance or
11servicing can best be performed by the manufacturer or
12authorized service agent or such a contract would be otherwise
13advantageous to the Authority, except that the exceptions in
14this clause shall not apply to contracts for plumbing,
15heating, piping, refrigeration, and automatic temperature
16control systems, ventilating, and distribution systems for
17conditioned air, and electrical wiring; for goods or services
18procured from another governmental agency; for purchases and
19contracts for the use or purchase of data processing equipment
20and data processing systems software; for the acquisition of
21professional or utility services; and for the acquisition of
22public transportation equipment, including, but not limited
23to, rolling stock, locomotives, and buses if: (i) it is
24determined by the Directors that a negotiated acquisition
25offers opportunities with respect to the cost or financing of
26the equipment, its delivery, or the performance of a portion

 

 

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1of the work within the State or the use of goods produced or
2services provided within the State; (ii) a notice of intention
3to negotiate for the acquisition of such public transportation
4equipment is published in a newspaper of general circulation
5within the metropolitan region inviting proposals from
6qualified vendors; and (iii) any contract with respect to such
7acquisition is authorized by the Directors.
8    (c) The requirements set forth in this Section do not
9apply to purchase of service or grant agreements or other
10contracts, purchases, or sales entered into by the Authority
11with any transportation agency or unit of local government.
12    (d) The Authority may use a 2-phase design-build selection
13procedure as follows:
14        (1) The Authority may authorize the use of competitive
15    selection and the prequalification of responsible bidders
16    consistent with all applicable laws.
17        (2) 2-phase design-build selection procedures shall
18    consist of the following:
19            (A) The Authority shall develop, through licensed
20        architects or licensed engineers, a scope of work
21        statement for inclusion in the solicitation for
22        phase-one proposals that defines the project and
23        provides prospective offerors with sufficient
24        information regarding the Authority's requirements.
25        The statement shall include criteria and preliminary
26        design, general budget parameters, and general

 

 

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1        schedule or delivery requirements to enable the
2        offerors to submit proposals which meet the
3        Authority's needs. When the 2-phase design-build
4        selection procedure is used and the Authority
5        contracts for development of the scope of work
6        statement, the Authority shall contract for
7        architectural or engineering services as defined by
8        and in accordance with the Architectural, Engineering,
9        and Land Surveying Qualifications Based Selection Act
10        and all applicable licensing statutes.
11            (B) The evaluation factors to be used in
12        evaluating phase-one proposals must be stated in the
13        solicitation and must include specialized experience
14        and technical competence, capability to perform, past
15        performance of the offeror's team, including the
16        architect-engineer and construction members of the
17        team, and other appropriate technical and
18        qualifications factors. Each solicitation must
19        establish the relative importance assigned to the
20        evaluation factors and the subfactors that must be
21        considered in the evaluation of phase-one proposals on
22        the basis of the evaluation factors set forth in the
23        solicitation. Each design-build team must include a
24        licensed design professional independent from the
25        Authority's licensed architect or engineer and a
26        licensed design professional must be named in the

 

 

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1        phase-one proposals submitted to the Authority.
2            (C) On the basis of the phase-one proposal, the
3        Authority shall select as the most highly qualified
4        the number of offerors specified in the solicitation
5        and request the selected offerors to submit phase-two
6        competitive proposals and cost or price information.
7        Each solicitation must establish the relative
8        importance assigned to the evaluation factors and the
9        subfactors that must be considered in the evaluation
10        of phase-two proposals on the basis of the evaluation
11        factors set forth in the solicitation. The Authority
12        may negotiate with the selected design-build team
13        after award but prior to contract execution for the
14        purpose of securing better terms than originally
15        proposed if the salient features of the design-build
16        solicitation are not diminished. Each phase-two
17        solicitation evaluates separately (i) the technical
18        submission for the proposal, including design concepts
19        or proposed solutions to requirements addressed within
20        the scope of work, and (ii) the evaluation factors and
21        subfactors, including cost or price, that must be
22        considered in the evaluations of proposals.
23            (D) A design-build solicitation issued under the
24        procedures in this subsection shall state the maximum
25        number of offerors that are to be selected to submit
26        competitive phase-two proposals. The maximum number

 

 

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1        specified in the solicitation shall not exceed 5
2        unless the Authority with respect to an individual
3        solicitation determines that a specified number
4        greater than 5 is in the best interest of the Authority
5        and is consistent with the purposes and objectives of
6        the two-phase design-build selection process.
7            (E) All designs submitted as part of the two-phase
8        selection process and not selected shall be
9        proprietary to the preparers.
 
10    Section 4.12. Limitations on Authority powers.
11    (a) The Authority may not:
12        (1) require or authorize the operation of, or operate
13    or acquire by eminent domain or otherwise, any public
14    transportation facility or service on terms or in a manner
15    which unreasonably interferes with the ability of a
16    railroad to provide efficient freight or intercity
17    passenger service. This paragraph does not bar the
18    Authority from acquiring title to any property in a manner
19    consistent with this paragraph;
20        (2) obtain by eminent domain any interest in a
21    right-of-way or any other real property of a railroad that
22    is not a public body in excess of the interest to be used
23    for public transportation as provided in this Act; or
24        (3) prohibit the operation of public transportation by
25    a private carrier that does not receive a grant or

 

 

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1    purchase of service agreement from the Authority.
2    (b) If, in connection with any construction, acquisition,
3or other activity undertaken by or for the Authority or
4pursuant to any purchase of service or grant agreement with
5the Authority, a facility of a public utility, as defined in
6the Public Utilities Act, is removed or relocated from its
7then-existing site, all costs and expenses of such relocation
8or removal, including the cost of installing such facilities
9in a new location or locations, and the cost of any land or
10lands, interest in land, or any rights required to accomplish
11such relocation or removal, shall be paid by the Authority. If
12any such facilities are so relocated onto the properties of
13the Authority or onto properties made available for that
14purpose by the Authority, there shall be no rent, fee, or other
15charge of any kind imposed upon the public utility owning or
16operating such facilities in excess of that imposed prior to
17such relocation and such public utility, and its successors
18and assigns, and the public utility shall be granted the right
19to operate such facilities in the new location or locations
20for as long a period and upon the same terms and conditions as
21it had the right to maintain and operate such facilities in
22their former location. Nothing in this subsection shall
23prevent the Authority and a transportation agency from
24agreeing in a purchase of service agreement or otherwise to
25make different arrangements for such relocations or the costs
26thereof.
 

 

 

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1    Section 4.13. Appointment of officers and employees.
2    (a) The Authority may appoint, retain, and employ
3officers, attorneys, agents, engineers, and employees. The
4officers shall include an Executive Director, who shall be the
5chief executive officer of the Authority, appointed by the
6Chair with the concurrence of the Board.
7    (b) The Executive Director must be an individual of proven
8transportation and management skills and may not be a member
9of the Board, except as provided in subsection (d) of Section
102.07.
11    (c) The Executive Director shall hire and organize the
12staff of the Authority, shall allocate their functions and
13duties, shall fix compensation and conditions of employment of
14the staff of the Authority, and, consistent with the policies
15of and direction from the Board, take all actions necessary to
16achieve the Executive Director's purposes, fulfill the
17Executive Director's responsibilities, and carry out the
18Executive Director's powers. The Executive Director shall have
19such other powers and responsibilities as the Board shall
20determine.
21    (d) The Authority may employ its own professional
22management personnel to provide professional and technical
23expertise concerning its purposes and powers and to assist it
24in assessing the performance of the Authority and the
25transportation agencies in the metropolitan region.

 

 

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1    (e) No employee, officer, or agent of the Authority may
2receive a bonus that exceeds 10% of the employee's, officer's,
3or agent's annual salary unless the Board has approved that
4bonus. This subsection does not apply to usual and customary
5salary adjustments or payments made under performance-based
6compensation plans adopted pursuant to Section 5.04.
7    (f) Unlawful discrimination, as defined and prohibited in
8the Illinois Human Rights Act, shall not be made in any term or
9aspect of employment and there may not be discrimination based
10upon political reasons or factors. The Authority shall
11establish regulations to ensure that its discharges shall not
12be arbitrary and that hiring and promotion are based on merit.
13    (g) The Authority is subject to the Illinois Human Rights
14Act and the remedies and procedures established under that
15Act. The Authority shall file an affirmative action program
16for employment by it with the Department of Human Rights to
17ensure that applicants are employed and that employees are
18treated during employment, without regard to unlawful
19discrimination. Such affirmative action program shall include
20provisions relating to hiring, upgrading, demotion, transfer,
21recruitment, recruitment advertising, selection for training,
22and rates of pay or other forms of compensation.
 
23    Section 4.14. Policy with respect to protective
24arrangements, collective bargaining, and labor relations.
25    (a) The Authority shall ensure that every employee of the

 

 

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1Authority or a transportation agency shall receive fair and
2equitable protection against actions of the Authority, which
3shall not be less than those established pursuant to Section
413(c) of the Urban Mass Transportation Act of 1964, as amended
5(49 U.S.C. 1609(c)), and Section 405(b) of the Rail Passenger
6Service Act of 1970, as amended (45 U.S.C. 565(b)), and as
7prescribed by the United States Secretary of Labor under those
8Acts at the time of the protective agreement or arbitration
9decision providing protection.
10    (b) There shall be no limitation on freedom of association
11among employees of the Authority nor any denial of the right of
12employees to join or support a labor organization and to
13bargain collectively through representatives of their own
14choosing.
15    (c) The Authority and the duly accredited representatives
16of employees shall have the obligation to bargain collectively
17in good faith, and the Authority shall enter into written
18collective bargaining agreements with such representatives.
19    (d) As used in this Section, "actions of the Authority"
20includes the Authority's acquisition and operation of public
21transportation facilities, the execution of purchase of
22service and grant agreements made under this Act and the
23coordination, reorganization, combining, leasing, merging of
24operations, or the expansion or curtailment of public
25transportation services or facilities by the Authority.
26"Actions of the Authority" does not include a failure or

 

 

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1refusal to enter into a purchase of service or grant
2agreement.
 
3    Section 4.15. Employee protection. The Authority shall
4negotiate or arrange for the negotiation of such fair and
5equitable employee arrangements with the employees, through
6their accredited representatives authorized to act for them.
7If agreement cannot be reached on the terms of such protective
8arrangement, any party may submit any matter in dispute to
9arbitration. In such arbitration, each party shall have the
10right to select nonvoting arbitration board members. The
11impartial arbitrator shall be selected by the American
12Arbitration Association and appointed from a current listing
13of the membership of the National Academy of Arbitrators, upon
14request of any party. The impartial arbitrator's decision
15shall be final and binding on all parties. Each party shall pay
16an equal proportionate share of the impartial arbitrator's
17fees and expenses.
 
18    Section 4.16. Employee pensions. The Authority may
19establish and maintain systems of pensions and retirement
20benefits for officers and employees of the Authority as may be
21designated or described by ordinance of the Authority; may fix
22the classifications of the systems of pensions and retirement;
23may take such steps as may be necessary to provide that persons
24eligible for admission to the pension systems as officers and

 

 

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1employees of the Authority or of a transportation agency whose
2operations are financed in whole or in part by the Authority,
3including that the officers and employees shall retain
4eligibility for admission to or continued coverage and
5participation under Title II of the federal Social Security
6Act, as amended, and the related provisions of the Federal
7Insurance Contributions Act, as amended, the federal Railroad
8Retirement Act, as amended, and the Railroad Retirement Tax
9Act, as amended, as the case may be; and may provide, in
10connection with the pension systems, a system of benefits
11payable to the beneficiaries and dependents of a participant
12in the pension systems after the death of the participant,
13whether accidental or otherwise, whether occurring in the
14actual performance of duty or otherwise, or both, subject to
15exceptions, conditions, restrictions, and classifications as
16may be provided by ordinance of the Authority. The pension
17systems shall be financed or funded by means and in a manner as
18may be determined by the Authority to be economically
19feasible.
 
20    Section 4.17. Labor contracts.
21    (a) The Authority shall deal with and enter into written
22contracts with employees of the Authority through accredited
23representatives of the employees authorized to act for the
24employees concerning wages, salaries, hours, working
25conditions, and pension or retirement provisions. However,

 

 

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1nothing in this Act shall be construed to permit hours of labor
2in excess of those prohibited by law or to permit working
3conditions prohibited by law.
4    (b) If the Authority acquires the public transportation
5facilities of a transportation agency and operates such
6facilities, all employees actively engaged in the operation of
7the facilities shall be transferred to and appointed as
8employees of the Authority, subject to all the rights and
9benefits of Sections 4.14 through 4.18, and the Authority
10shall assume and observe all applicable labor contracts and
11pension obligations. These employees shall be given seniority
12credit and sick leave, vacation, insurance, and pension
13credits in accordance with the records or labor agreements
14from the acquired transportation system. Members and
15beneficiaries of any pension or retirement system or other
16benefits established by the acquired transportation system
17shall continue to have rights, privileges, benefits,
18obligations, and status with respect to the established
19retirement or retirement system. The Authority shall assume
20the obligations of any transportation system acquired by it
21with regard to wages, salaries, hours, working conditions,
22sick leave, health and welfare, and pension or retirement
23provisions for these employees. The Authority and the
24employees, through their representatives for collective
25bargaining purposes, shall take whatever action may be
26necessary to have pension trust funds presently under the

 

 

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1joint control of such transportation agency and the
2participating employees through their representatives
3transferred to the trust funds to be established, maintained,
4and administered jointly by the Authority and the
5participating employees through their representatives.
6    (c) If the Authority takes any of the actions specified in
7subsection (d) of Section 4.14, it shall do so only after
8meeting the requirements of subsection (a) of Section 4.14 and
9Section 4.15. If the Authority acquires and operates the
10public transportation facilities of a transportation agency
11engaged in the transportation of persons by railroad, it shall
12do so only in such manner as to ensure the continued
13applicability to the railroad employees affected thereby of
14the provisions of all federal statutes then applicable to them
15and a continuation of their existing collective bargaining
16agreements until the provisions of said agreements can be
17renegotiated by representatives of the Authority and the
18representatives of said employees duly designated as such
19pursuant to the terms and provisions of the Railway Labor Act,
20as amended (45 U.S.C. 151 et seq.). However, nothing in this
21subsection shall prevent the abandonment of such facilities,
22the discontinuance of such operations pursuant to applicable
23law, or the substitution of other operations or facilities for
24such operations or facilities, whether by merger,
25consolidation, coordination, or otherwise. If new or
26supplemental operations or facilities are substituted

 

 

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1therefore, the provisions of Section 4.18 shall be applicable,
2and all questions concerning the selection of forces to
3perform the work of such new or supplemental facilities or
4operations and whether the Authority shall be required to
5ensure the continued applicability of the federal statutes
6applicable to such employees shall be negotiated and, if
7necessary, arbitrated, in accordance with subsection (a) of
8Section 4.18.
 
9    Section 4.18. Labor relations procedures.
10    (a) If the Authority proposes to operate or to enter into a
11contract to operate any new public transportation facility
12which may result in the displacement of employees or the
13rearrangement of the working forces of the Authority or of a
14transportation agency, the Authority shall give at least 90
15days' written notice of such proposed operations to the
16representatives of the employees affected, and the Authority
17shall provide for the selection of forces to perform the work
18of that facility on the basis of agreement between the
19Authority and the representatives of such employees. If there
20is a failure to agree, the dispute may be submitted by the
21Authority or by any representative of the employees affected
22to final and binding arbitration by an impartial arbitrator to
23be selected by the American Arbitration Association from a
24current listing of arbitrators of the National Academy of
25Arbitrators.

 

 

HB5823- 57 -LRB103 40434 AWJ 72767 b

1    (b) If there is a labor dispute not otherwise governed by
2this Act, by the Labor Management Relations Act of 1947, as
3amended, by the Railway Labor Act, as amended, or by impasse
4resolution provisions in a collective bargaining or protective
5agreement involving the Authority or any transportation agency
6financed, in whole or in part, by the Authority and the
7employees of the Authority or of any such transportation
8agency that is not settled by the parties thereto within 30
9days from the date of commencement of negotiations, either
10party may request the assistance of a mediator appointed by
11either the State or Federal Mediation and Conciliation
12Service, who shall seek to resolve the dispute. If the dispute
13is not resolved by mediation within a reasonable period, the
14mediator shall certify to the parties that an impasse exists.
15Upon receipt of the mediator's certification, any party to the
16dispute may, within 7 days, submit the dispute to a
17fact-finder who shall be selected by the parties pursuant to
18the rules of the American Arbitration Association from a
19current listing of members of the National Academy of
20Arbitrators supplied by the American Arbitration Association.
21The fact-finder shall have the duty to hold hearings, or
22otherwise take evidence from the parties under such other
23arrangements as they may agree. Upon completion of the
24parties' submissions, the fact-finder may issue and make
25public findings and recommendations or refer the dispute back
26to the parties for such other appropriate action as the

 

 

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1fact-finder may recommend. If the parties do not reach
2agreement after the issuance of the fact-finder's report and
3recommendations, or, in cases where neither party requests
4fact-finding, the Authority shall offer to submit the dispute
5to arbitration by a board composed of 3 persons, one appointed
6by the Authority, one appointed by the labor organization
7representing the employees, and a third member to be agreed
8upon by the labor organization and the Authority. The member
9agreed upon by the labor organization and the Authority shall
10act as Chair of the board. The determination of the majority of
11the board of arbitration thus established shall be final and
12binding on all matters in dispute. If, after a period of 10
13days from the date of the appointment of the 2 arbitrators
14representing the Authority and the labor organization, the
15third arbitrator has not been selected, then either arbitrator
16may request the American Arbitration Association to furnish
17from a current listing of the membership of the National
18Academy of Arbitrators the names of 7 such members of the
19National Academy from which the third arbitrator shall be
20selected. The arbitrators appointed by the Authority and the
21labor organization, promptly after the receipt of such list,
22shall determine by lot the order of elimination, and,
23thereafter, each shall in that order alternately eliminate one
24name until only one name remains. The remaining person on the
25list shall be the third arbitrator. Each party shall pay
26one-half of the expenses of such arbitration.

 

 

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1    As used in this subsection, "labor dispute" shall be
2broadly construed and shall include any controversy concerning
3wages, salaries, hours, working conditions, or benefits,
4including health and welfare, sick leave, insurance, or
5pension or retirement provisions, but not limited thereto.
6"Labor dispute" includes any controversy concerning any
7differences or questions that may arise between the parties,
8including, but not limited to, the making or maintaining of
9collective bargaining agreements, the terms to be included in
10such agreements, and the interpretation or application of such
11collective bargaining agreements and any grievance that may
12arise.
 
13    Section 4.19. Workforce development.
14    (a) The Authority shall create or partner with a youth
15jobs program to provide internship or employment opportunities
16to youth and young adults to prepare them for careers in public
17transportation.
18    (b) The Authority may participate in and provide funding
19support for programs that prepare participants for careers in
20public transportation.
 
21    Section 4.20. Disadvantaged business enterprise
22contracting and equal employment opportunity programs.
23    (a) The Authority shall establish and maintain a
24disadvantaged business enterprise contracting program designed

 

 

HB5823- 60 -LRB103 40434 AWJ 72767 b

1to ensure nondiscrimination in the award and administration of
2contracts not covered under a federally mandated disadvantaged
3business enterprise program. The program shall establish
4narrowly tailored goals for the participation of disadvantaged
5business enterprises as the Authority determines appropriate.
6The goals shall be based on demonstrable evidence of the
7availability of ready, willing, and able disadvantaged
8business enterprises relative to all businesses ready,
9willing, and able to participate in the program's contracts.
10The program shall require the Authority to monitor the
11progress of the contractors' obligations with respect to the
12program's goals. Nothing in this program shall conflict with
13or interfere with the maintenance or operation of, or
14compliance with, any federally mandated disadvantaged business
15enterprise program.
16    (b) The Authority shall establish and maintain a program
17designed to promote equal employment opportunity. Each year,
18no later than October 1, the Authority shall report to the
19General Assembly on the number of the Authority's respective
20employees and the number of the Authority's respective
21employees who have designated themselves as members of a
22minority group and minority gender.
23    (c) Each year, no later than October 1, and starting no
24later than the first October 1 after the establishment of its
25disadvantaged business enterprise contracting programs, the
26Authority shall submit a report with respect to such program

 

 

HB5823- 61 -LRB103 40434 AWJ 72767 b

1to the General Assembly.
2    (d) Each year, no later than October 1, the Authority
3shall submit a copy of its federally mandated semi-annual
4Uniform Report of Disadvantaged Business Enterprises Awards or
5Commitments and Payments to the General Assembly.
6    (e) The Authority shall use the Illinois Works Job Program
7and other job training and job creation programs to the extent
8allowed by law and operationally feasible.
 
9    Section 4.21. Research and development. The Authority
10shall:
11        (1) study public transportation problems and
12    developments; encourage experimentation in developing new
13    public transportation technology, financing methods, and
14    management procedures;
15        (2) conduct, in cooperation with other public and
16    private agencies, studies, demonstrations, and development
17    projects to test and develop methods for improving public
18    transportation, for reducing its costs to users, or for
19    increasing public use; and
20        (3) conduct, sponsor, and participate in other studies
21    and experiments, which may include fare demonstration
22    programs and transportation technology pilot programs, in
23    conjunction with public agencies, including the United
24    States Department of Transportation, the Illinois
25    Department of Transportation, the Illinois State Toll

 

 

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1    Highway Authority, and the Chicago Metropolitan Agency for
2    Planning, useful to achieving the purposes of this Act.
 
3    Section 4.22. Protection of the environment.
4    (a) The Authority shall take all feasible and prudent
5steps to minimize environmental disruption and pollution
6arising from its activities and from public transportation
7activities of transportation agencies acting pursuant to
8purchase of service or grant agreements. In carrying out its
9purposes and powers under this Act, the Authority shall seek
10to reduce environmental disruption and pollution arising from
11all forms of transportation of persons within the metropolitan
12region. The Authority shall employ persons with skills and
13responsibilities for determining how to minimize such
14disruption and pollution.
15    (b) In recognition of the fact that the transportation
16sector accounts for approximately a third of the greenhouse
17gases generated in the State and that public transportation
18moves people with fewer such emissions, the Authority shall
19work cooperatively with the Department of Transportation, the
20Illinois State Toll Highway Authority, the Chicago
21Metropolitan Agency for Planning, and other units of
22government to assist them in using investments in public
23transportation facilities and operations as a tool to help
24them meet their greenhouse gas emissions reduction goals. To
25the maximum extent allowed by law, the Authority is eligible

 

 

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1to receive funding and other assistance from local, state, and
2federal sources so the Authority can assist in using improved
3and expanded public transportation in the metropolitan region
4to reduce greenhouse gas emissions and other pollution
5generated by the transportation sector.
6    (c) Subject to all applicable laws, the Authority may
7participate in market-based environmental remediation
8programs, including, but not limited to, carbon emissions
9markets, through which the Authority can realize revenue
10reflecting the value of greenhouse gas emissions reductions it
11delivers through public transportation services in the
12metropolitan region.
 
13    Section 4.23. Bikeways and trails. The Authority may use
14its funds, personnel, and other resources to acquire,
15construct, operate, and maintain on-road and off-road
16bikeways, bike lanes, and trails that connect people to public
17transportation facilities and services. The Authority shall
18cooperate with other governmental and private agencies in
19bikeway and trail programs.
 
20    Section 4.24. Clean, green, or alternative fuel vehicles.
21Any vehicles purchased from funds made available to the
22Authority from the Transportation Bond, Series B Fund, or the
23Multi-modal Transportation Bond Fund must incorporate
24technologies advancing energy commonly known as clean or green

 

 

HB5823- 64 -LRB103 40434 AWJ 72767 b

1energy and alternative fuel technologies, to the extent
2practical.
 
3    Section 4.25. Zero-emission buses.
4    (a) As used in this Section:
5    "Zero-emission bus" means a bus that is:
6        (1) designed to carry more than 10 passengers and is
7    used to carry passengers for compensation;
8        (2) a zero-emission vehicle; and
9        (3) not a taxi.
10    "Zero-emission vehicle" means a fuel cell or electric
11vehicle that:
12        (1) is a motor vehicle;
13        (2) is made by a commercial manufacturer;
14        (3) is manufactured primarily for use on public
15    streets, roads, and highways;
16        (4) has a maximum speed capability of at least 55
17    miles per hour;
18        (5) is powered entirely by electricity or powered by
19    combining hydrogen and oxygen, which runs the motor;
20        (6) has an operating range of at least one hundred
21    miles; and
22        (7) produces only water vapor and heat as byproducts.
23    (b) On or after July 1, 2026, the Authority may not enter
24into a new contract to purchase a bus that is not a
25zero-emission bus for the purpose of the Authority's bus

 

 

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1fleet.
2    (c) For the purposes of determining compliance with this
3Section, the Authority is not in violation of this Section
4when failure to comply is due to:
5        (i) the unavailability of zero-emission buses from a
6    manufacturer or funding to purchase zero-emission buses;
7        (ii) the lack of necessary charging, fueling, or
8    storage facilities or funding to procure charging,
9    fueling, or storage facilities; or
10        (iii) the inability of a third party to enter into a
11    contractual or commercial relationship with the Authority
12    that is necessary to carry out the purposes of this
13    Section.
 
14    Section 4.26. City-Suburban Mobility Innovations Program.
15    (a) The Authority may establish a City-Suburban Mobility
16Innovations Program and deposit moneys into a City-Suburban
17Mobility Innovations Fund. Amounts on deposit in the Fund and
18interest and other earnings on those amounts may be used by the
19Authority with the approval of the Board and, after a
20competitive application and scoring process that includes an
21opportunity for public participation, for operating or capital
22grants or loans to transportation agencies or units of local
23government for the following purposes:
24        (1) providing transit services, other than traditional
25    fixed-route services, that enhance local mobility,

 

 

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1    including, but not limited to, demand-responsive transit
2    services, ridesharing, van pooling, micromobility and
3    mobility hubs, and first-mile and last-mile services;
4        (2) enhancing safe access to fixed-route transit
5    services for bicyclists and pedestrians through
6    improvements to sidewalk and path networks, bicycle lanes,
7    crosswalks, lighting, and other improvements;
8        (3) offering workforce development and training that
9    provides a pathway for careers in public transportation in
10    the metropolitan region; and
11        (4) testing new technologies, features, and
12    enhancements to the transit system to determine their
13    value and readiness for broader adoption.
14    (b) The Authority shall develop and publish scoring
15criteria that it will use in making awards from the
16City-Suburban Mobility Innovations Fund.
17    (c) Any grantee that receives funds under this Section
18must (i) implement such programs within one year of receipt of
19such funds and (ii) within 2 years following commencement of
20any program using such funds, determine whether it is
21desirable to continue the program, and upon such a
22determination, either incorporate such program into its annual
23operating budget and capital program or discontinue such
24program. No additional funds under this Section may be
25distributed to a grantee for any individual program beyond 2
26years unless the Board waives this limitation. Any such waiver

 

 

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1will be with regard to an individual program and with regard to
2a one-year period, and any further waivers for such individual
3program require a subsequent vote of the Board.
4    (d) The Authority may reallocate unused funds deposited
5into the City-Suburban Mobility Innovations Fund to other
6Authority purposes and programs.
 
7    Section 4.27. Transit-Supportive Development Incentive
8Program.
9    (a) As used in this Section, "transit-supportive
10development" means commercial or residential development that
11is designed to expand the public transportation ridership base
12or to effectively connect transit users to such developments.
13"Transit-supportive development" includes, but is not limited
14to, laws and policies that further these objectives, capital
15improvements that foster communities with high per capita
16transit ridership, and transit operation improvements that
17support efforts to build communities with high per capita
18transit ridership.
19    (b) The Authority may establish a Transit-Supportive
20Development Incentive Program and authorize the deposit of
21Authority moneys into a Transit-Supportive Development
22Incentive Fund. Amounts on deposit in the fund and interest
23and other earnings on those amounts may be used by the
24Authority, with the approval of its Directors and after a
25competitive application and scoring process that includes an

 

 

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1opportunity for public participation, for operating or capital
2grants or loans to Service Boards, transportation agencies, or
3units of local government for the following purposes:
4        (1) investment in transit-supportive residential and
5    commercial development, including developments on or in
6    the vicinity of property owned by the Authority, an
7    Operating Division, or a transportation agency;
8        (2) grants to local governments to help cover the cost
9    of drafting and implementing land use, parking, and other
10    laws that are intended to encourage and will reasonably
11    have the effect of allowing or supporting
12    transit-supportive residential and commercial
13    development; and
14        (3) providing resources for increased public
15    transportation service in and around transit-supportive
16    residential and commercial developments, especially newly
17    created transit-supportive developments.
18    (c) The Authority shall develop and publish scoring
19criteria that it will use in making awards from the
20Transit-Supportive Development Incentive Fund. Such scoring
21criteria shall prioritize high-density development in and in
22the near vicinity of public transportation stations and routes
23and shall prioritize projects that (i) are likely to increase
24per capita public transportation ridership, (ii) serve
25disadvantaged and transit populations, and (iii) are located
26in jurisdictions that have land use and other policies that

 

 

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1encourage the level of residential density and concentration
2of businesses in walkable districts accessible by public
3transportation required to support financially viable public
4transportation service with substantial ridership.
5    (d) Any grantee that receives funds under this Section
6must (i) implement such programs within one year of receipt of
7such funds and (ii) within 2 years following commencement of
8any program utilizing such funds, determine whether it has
9resulted in increased use of public transit by those residing
10in the area covered by the program or those accessing the area
11from outside the area. No additional funds under this Section
12may be distributed to a grantee for any individual program
13beyond 2 years unless the Board of the Authority waives this
14limitation. Any such waiver will be with regard to an
15individual program and with regard to a one-year period, and
16any further waivers for such individual program require a
17subsequent vote of the Board.
18    (e) The Authority may reallocate unused funds deposited
19into the Transit-Supportive Development Incentive Fund to
20other Authority purposes and programs.
 
21    Section 4.28. Coordination with planning agencies. The
22Authority shall cooperate with the various public agencies
23charged with the responsibility for long-range or
24comprehensive planning for the metropolitan region. The
25Authority shall use the forecasts and plans of the Chicago

 

 

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1Metropolitan Agency for Planning in developing the Strategic
2Plan, Five-Year Capital Program, and Service Standards. The
3Authority shall, prior to the adoption of a Strategic Plan or
4Five-Year Capital Program, submit its proposals to such
5agencies for review and comment. The Authority may make use of
6existing studies, surveys, plans, data, and other materials in
7the possession of a State agency or department, a planning
8agency, or a unit of local government.
 
9    Section 4.29. Planning activities.
10    (a) The Authority may adopt subregional or corridor plans
11for specific geographic areas of the metropolitan region in
12order to improve the adequacy, efficiency, equity, and
13coordination of existing, or the delivery of new, public
14transportation. Such plans may also address areas outside the
15metropolitan region that may impact public transportation use
16in the metropolitan region.
17    (b) In preparing a subregional or corridor plan, the
18Authority may examine travel markets, demographic shifts,
19changes in passenger behavior, preferences, or attitudes, and
20other pertinent factors to identify changes in operating
21practices or capital investment in the subregion or corridor
22that could increase ridership, reduce costs, improve
23coordination, or enhance transit-oriented development.
24    (c) The Authority shall have principal responsibility for
25initiating any alternatives analysis and preliminary

 

 

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1environmental assessment required by federal or State law for
2any new public transportation service or facility in the
3metropolitan region in addition to conducting public and
4stakeholder engagement activities to inform planning
5decisions.
 
6    Section 4.30. Protection against crime; transit ambassador
7program.
8    (a) The Authority shall cooperate with the various State,
9municipal, county, and transportation agency police forces in
10the metropolitan region for the protection of employees and
11consumers of public transportation services and public
12transportation facilities against crime.
13    (b) The Authority may provide by ordinance for an
14Authority police force to aid, coordinate, and supplement
15other police forces in protecting persons and property and
16reducing the threats of crime with regard to public
17transportation. Such police shall have the same powers with
18regard to the protection of persons and property as those
19exercised by police of municipalities and may include members
20of other police forces in the metropolitan region.
21    (c) The Authority shall establish minimum standards for
22selection and training of members of a police force employed
23by the Authority. Training shall be accomplished at schools
24certified by the Illinois Law Enforcement Training Standards
25Board established pursuant to the Illinois Police Training

 

 

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1Act. Such training is subject to the rules and standards
2adopted pursuant to Section 7 of that Act. The Authority may
3participate in any training program conducted under that Act.
4    (d) The Authority may provide for the coordination or
5consolidation of security services and police forces
6maintained with regard to public transportation services and
7facilities by various transportation agencies and may contract
8with any municipality or county in the metropolitan region to
9provide protection of persons or property with regard to
10public transportation. Employees of the Authority or of any
11transportation agency affected by any action of the Authority
12under this Section are covered under the protections set forth
13in Section 4.15.
14    (e) The Authority shall implement a transit ambassador
15program following industry best practices to improve safety
16and customer service in the public transportation system.
17    (f) The Authority shall evaluate the efficacy of policing
18and transit ambassador programs on a regular basis, no less
19than every 5 years in conjunction with its adoption of its
20Strategic Plan, and make appropriate adjustments to such
21programs.
22    (g) The Authority may perform fare inspections and issue
23fare violation tickets using personnel other than law
24enforcement, including transit ambassadors.
25    (h) Neither the Authority nor any of their Directors,
26officers, or employees may be held liable for failure to

 

 

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1provide a security or police force or, if a security or police
2force is provided, for failure to provide adequate police
3protection or security, failure to prevent the commission of
4crimes by fellow passengers or other third persons, or for the
5failure to apprehend criminals.
 
6    Section 4.31. Traffic law enforcement.
7    (a) The Authority may cooperate with local governments and
8law enforcement agencies in the metropolitan region on the
9enforcement of laws designed to protect the quality and safety
10of public transportation operations, such as laws prohibiting
11unauthorized vehicles from blocking bus stops, bus lanes, or
12other facilities dedicated for use by transit vehicles and
13transit users.
14    (b) Local governments and law enforcement agencies in the
15metropolitan region are authorized to accept photographic,
16video, or other records derived from cameras and other sensors
17on public transportation vehicles and facilities as prima
18facie evidence of a violation of laws that protect the quality
19and safety of public transportation operations.
20    (c) The Authority may establish by rule an enforcement
21program that covers jurisdictions in the metropolitan region
22that lack laws that protect the quality and safety of public
23transportation operations or that, in the Authority's sole
24discretion, fail to adequately enforce such laws.
25    (d) An enforcement program established under this Section

 

 

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1shall contain the following elements:
2        (1) clear definitions of what constitutes a violation,
3    such as specifying the number of feet around bus stops
4    where unauthorized vehicles are prohibited from parking;
5        (2) publication on the Authority's website of
6    descriptions and locations of public transportation
7    facilities that are subject to the Authority's enforcement
8    program and other pertinent information about the
9    enforcement program;
10        (3) a description of the types of evidence, such as
11    bus camera photos or video, which are sufficient to make a
12    prima facie case that a vehicle or person has violated an
13    Authority enforcement rule;
14        (4) provision of adequate notice of an alleged
15    violation to the registered owner of the vehicle, such as
16    notice by first-class mail;
17        (5) an administrative adjudication process that gives
18    registered vehicle owners an opportunity to be heard by a
19    neutral party appointed by the Authority;
20        (6) a process through which vehicle lessors may
21    transfer responsibility for a violation to lessees of
22    their vehicles;
23        (7) use of Internet tools, such as remote hearings and
24    allowance of online submission of documents contesting an
25    alleged violation, to provide alleged violators an
26    adequate opportunity to contest their alleged violation;

 

 

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1    and
2        (8) violation fees that are no higher than the highest
3    administrative fees imposed for similar violations by
4    other public agencies in the metropolitan region.
5    (e) The Authority shall:
6        (1) cooperate with local governments and law
7    enforcement agencies to help improve their enforcement of
8    their laws that are designed to improve the quality and
9    safety of public transportation operations; and
10        (2) inform and consult with local governments and law
11    enforcement agencies in jurisdictions in which the
12    Authority is establishing and operating an enforcement
13    program under subsections (c) and (d).
14    (f) In its enforcement programs, if any, under subsection
15(c) and through its cooperation with local governments and law
16enforcement agencies on their enforcement programs, the
17Authority shall strive for as much standardization as feasible
18throughout the metropolitan region in enforcement programs
19designed to improve the quality and safety of public
20transportation operations.
 
21    Section 4.32. Suspension of riding privileges and
22confiscation of fare media.
23    (a) As used in this Section, "demographic information"
24includes, but is not limited to, age, race, ethnicity, gender,
25and housing status, as that term is defined under Section 10 of

 

 

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1the Bill of Rights for the Homeless Act.
2    (b) Suspension of riding privileges and confiscation of
3fare media are limited to:
4        (1) violations where the person's conduct places
5    public transportation employees or passengers in
6    reasonable apprehension of a threat to their safety or the
7    safety of others, including assault and battery, as those
8    terms are used in Sections 12-1 and 12-3 of the Criminal
9    Code of 2012;
10        (2) violations where the person's conduct places
11    public transportation employees or passengers in
12    reasonable apprehension of a threat of a criminal sexual
13    assault, as that term is used under Section 11-1.20 of the
14    Criminal Code of 2012; and
15        (3) violations involving an act of public indecency,
16    as that term is used in Section 11-30 of the Criminal Code
17    of 2012.
18    (c) Written notice shall be provided to an individual
19regarding the suspension of the individual's riding privileges
20or confiscation of fare media. The notice shall be provided in
21person at the time of the alleged violation, except that, if
22providing notice in person at the time of the alleged
23violation is not practicable, then the Authority shall make a
24reasonable effort to provide notice to the individual by
25personal service, by mailing a copy of the notice by certified
26mail, return receipt requested, by first-class mail to the

 

 

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1person's current address, or by emailing a copy of the notice
2to an email address on file, if available. If the person is
3known to be detained in jail, service shall be made as provided
4under Section 2-203.2 of the Code of Civil Procedure. The
5written notice shall be sufficient to inform the individual
6about the following:
7        (1) the nature of the suspension of riding privileges
8    or confiscation of fare media;
9        (2) the person's rights and available remedies to
10    contest or appeal the suspension of riding privileges or
11    confiscation of fare media and to apply for reinstatement
12    of riding privileges; and
13        (3) the procedures for adjudicating whether a
14    suspension or confiscation is warranted and for applying
15    for reinstatement of riding privileges, including the time
16    and location of any hearing.
17    (d) The process to determine whether a suspension or
18riding privileges or confiscation of fare media is warranted
19and the length of the suspension shall be concluded within 30
20business days after the individual receives notice of the
21suspension or confiscation.
22    (e) Notwithstanding any other provision of this Section, a
23person may not be denied the ability to contest or appeal a
24suspension of riding privileges or confiscation of fare media
25or to attend an in-person or virtual hearing to determine
26whether a suspension or confiscation was warranted because the

 

 

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

 

 

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1    and make an oral or written presentation and offer
2    documents, including affidavits, in response to the
3    Authority's evidence.
4    (g) The Authority shall create a process to appeal and
5reinstate ridership privileges. This information shall be
6provided to the suspended rider at the time of the Authority's
7findings. A suspended rider is entitled to an appeal after the
8Authority's finding to suspend the person's ridership. A
9suspended rider may petition the Authority to reinstate the
10person's ridership privileges one calendar year after the
11Authority's suspension finding if the length of the suspension
12is more than one year.
13    (h) The Authority shall collect, report, and make publicly
14available quarterly the number and demographic information of
15people subject to suspension of riding privileges or
16confiscation of fare media; the conduct leading to the
17suspension or confiscation; and the location and description
18of the location where the conduct occurred, such as
19identifying the transit station or transit line, the date, and
20the time of day of the conduct, a citation to the statutory
21authority for which the accused person was arrested or
22charged, the amount, if any, on the fare media, and the length
23of the suspension.
 
24    Section 4.33. Domestic Violence and Sexual Assault
25Transportation Assistance Program.

 

 

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1    (a) The Authority shall continue the Domestic Violence and
2Sexual Assault Regional Transit Authority Public
3Transportation Assistance Program established by the Regional
4Transportation Authority Act (repealed) to serve residents of
5the metropolitan region. Through this Program, the Authority
6shall issue monetarily preloaded mass transit cards to The
7Network: Advocating Against Domestic Violence for survivor and
8victim use of public transportation in the metropolitan
9region.
10    (b) The Authority shall coordinate with The Network:
11Advocating Against Domestic Violence to issue no less than
1225,000 monetarily preloaded mass transit cards with a value of
13$20 per card for distribution to domestic violence and sexual
14assault service providers throughout the Authority's
15jurisdiction.
16    (c) The mass transit card shall be plastic or laminated
17and wallet-sized, contain no information that would reference
18domestic violence or sexual assault services, and have no
19expiration date. The cards shall also be available
20electronically and shall be distributed to domestic violence
21and sexual assault direct service providers to distribute to
22survivors.
23    (d) The creation of the Program shall include an
24appointment of a domestic violence or sexual assault program
25service provider or a representative of the service provider's
26choosing to the Authority's Citizen Advisory Board.

 

 

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1    (e) The Network: Advocating Against Domestic Violence
2shall provide an annual report of the program, including a
3list of service providers receiving the mass transit cards,
4the total number of cards received by each service provider,
5and an estimated number of survivors and victims of domestic
6violence and sexual assault participating in the program. The
7report shall also include survivor testimonies of the program
8and shall include recommendations on improving implementation
9of the Program. The first report shall be provided to the
10Authority one calendar year after the creation of the Program.
11    (f) In partnership with The Network: Advocating Against
12Domestic Violence, the Authority shall report this information
13to the Board and the Citizen Advisory Board and compile an
14annual report of the Program to the General Assembly and to
15domestic violence and sexual assault service providers in the
16service providers' jurisdiction and include recommendations
17for improving implementation of the Program.
 
18    Section 4.34. Safety.
19    (a) The Authority shall establish, enforce, and facilitate
20achievement and maintenance of standards of safety with
21respect to public transportation provided by the Authority or
22by transportation agencies pursuant to purchase of service or
23grant agreements.
24    (b) In recognition of the fact that travel by public
25transportation is significantly safer than travel by other

 

 

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1means of surface transportation, the Authority shall work
2cooperatively with the Department of Transportation, the
3Illinois State Toll Highway Authority, the Chicago
4Metropolitan Agency for Planning, and other units of
5government to assist them in using investments in public
6transportation facilities and operations as a tool to help the
7Department and units of local government meet their roadway
8crash, fatality, and serious injury reduction goals. To the
9maximum extent allowed by law, the Authority is eligible to
10receive funding and other assistance from local, state, and
11federal sources so the Authority can assist in using improved
12and expanded public transportation in the metropolitan region
13to improve safety in the surface transportation sector.
14    (c) The security portion of the system safety program,
15investigation reports, surveys, schedules, lists, or data
16compiled, collected, or prepared by or for the Authority under
17this subsection is exempt from disclosure under the Freedom of
18Information Act, shall not be subject to discovery or admitted
19into evidence in federal or State court, or shall not be
20considered for other purposes in any civil action for damages
21arising from any matter mentioned or addressed in such
22reports, surveys, schedules, lists, data, or information.
23    (d) Neither the Authority nor its directors, officers, or
24employees may not be held liable in any civil action for any
25injury to any person or property for any acts or omissions or
26failure to act under this Section or pursuant to 49 CFR Part

 

 

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1659.
2    (e) Nothing in this Section alleviates an individual's
3duty to comply with the State Officials and Employees Ethics
4Act.
 
5    Section 4.35. Competition. It is the policy of this State
6that all powers granted, either expressly or by necessary
7implication, by this Act or any other Illinois statute to the
8Authority may be exercised by the Authority notwithstanding
9effects on competition. It is the intention of the General
10Assembly that the state action exemption to the application of
11federal antitrust statutes be fully available to the Authority
12to the extent its activities are authorized by law as stated
13herein.
 
14    Section 4.36. Prompt payment. Purchases made pursuant to
15this Act shall be made in compliance with the Local Government
16Prompt Payment Act.
 
17
Article V. ACCOUNTABILITY

 
18    Section 5.01. Director selection process. The following
19requirements apply to the appointing authorities for Directors
20of the Board and members of the Citizens Advisory Board:
21        (1) Those responsible for appointing Directors shall
22    strive to assemble a set of Board members that, to the

 

 

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1    greatest extent possible, reflects the ethnic, cultural,
2    economic, and geographic diversity of the metropolitan
3    region.
4        (2) The Authority shall implement the following
5    process to provide public input into the Director
6    selection process and bring qualified Board member
7    candidates to the attention of the appointing authorities:
8            (A) At least 90 days before the expiration of the
9        term of a Director, or upon notice of the resignation,
10        death, or removal of a Director, the Authority shall
11        issue and publicize a request for applications and
12        nominations to fill that Director position. The
13        request shall provide at least 30 days for submission
14        of applications and nominations.
15            (B) As soon as practical after the closure of the
16        period for applications and nominations, the Authority
17        shall publicly post the names and a summary of the
18        background and qualifications of at least 2
19        individuals that the appointing authority believes are
20        qualified to fill the Director position. Such
21        individuals may but need not be from among those
22        people who applied for or were nominated to fill the
23        Director position pursuant to subparagraph (A). The
24        posting shall give the public instructions for how
25        they may comment on those individuals identified by
26        the appointing authority and give them at least 21

 

 

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1        days to submit such comments.
2            (C) After considering comments submitted under
3        subparagraph (B), the appointing authority may proceed
4        with the appointment process as long as the appointing
5        authority appoints as a Director a person who was
6        first identified under subparagraph (B), or the
7        appointing authority may cause the Authority, pursuant
8        to subparagraph (B), to post a new set of individuals
9        who are qualified to fill the Director position and
10        follow the process required by subparagraphs (B) and
11        (C) until the new Director is appointed and qualified.
12            (D) The Authority shall commence the process set
13        forth in this paragraph (2) sufficiently in advance of
14        the date of the anticipated vacancy on the Board to
15        minimize the duration of such vacancy.
 
16    Section 5.02. System usage requirements.
17    (a) Each calendar quarter, the Authority shall collect and
18publish the number of trips taken by each Director by public
19transportation in the metropolitan region.
20    (b) The Board may adopt rules governing system usage by
21Directors consistent with the intention of this Act that the
22Directors overseeing the public transportation system of the
23metropolitan region should have substantial ridership
24experience on that system.
25    (c) The Board may adopt public transportation system usage

 

 

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1requirements for the executives and staff of the Authority
2that are no less demanding than public transportation system
3ridership requirements applicable to Directors. System
4ridership requirements may be included in performance-based
5compensation systems established under Section 5.04.
6    (d) The Authority may incorporate public transportation
7system usage requirements into its agreements with
8transportation agencies and goods and services providers.
9    (e) The Authority shall put in place reasonable mechanisms
10to ensure against efforts to evade public transportation
11system ridership requirements imposed under this Section.
 
12    Section 5.03. Director attendance requirement.
13    (a) The Board shall adopt rules regarding the required
14frequency of Director attendance at Board meetings.
15    (b) The failure of a Director to meet the Director
16attendance requirement shall constitute sufficient grounds for
17removal of that Director from the Board under subsection (a)
18of Section 2.08.
 
19    Section 5.04. Employment agreements; performance-based
20compensation.
21    (a) By no later than one year after the effective date of
22this Act, after consideration of best practices for executive
23compensation, the Authority shall enter into written
24employment agreements with at least the 5 most senior staff

 

 

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1executives or officers of the Authority.
2    (b) The Authority may implement a performance-based
3compensation system. A performance-based compensation system
4established under this subsection must tie a significant
5portion of senior executive compensation to the achievement or
6nonachievement of performance standards that relate to the
7quality of public transit services delivered to the public.
8    (c) Each senior executive participating in a
9performance-based compensation system must enter into an
10employment agreement with the Authority that describes the
11performance-based compensation system and contains the other
12terms and conditions of employment.
13    (d) If it implements a performance-based compensation
14system, the Board shall annually review and approve
15performance incentive compensation adjustments, positive or
16negative, for senior executives of the Authority under the
17performance-based compensation system.
18    (e) Subject to any applicable collective bargaining
19agreement, the Authority may extend the performance-based
20compensation system to include more staff positions at the
21Authority.
22    (f) The Authority may incorporate performance-based
23compensation system requirements into its agreements with
24transportation agencies and goods and services providers.
 
25    Section 5.05. Revolving door prohibition. A Director,

 

 

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1Citizen Advisory Board member, former Director, or former
2Citizen Advisory Board member shall, during the Director's or
3member's, or former Director's or former member's, term, and
4for a period of one year immediately after the end of the
5Director's or member's, or former Director's or former
6member's, term, engage in business dealings with, knowingly
7accept employment from, or receive compensation or fees for
8services from the Authority. This prohibition does not apply
9to any business dealings engaged in by the Director or member
10in the course of the Director's or member's official duties or
11responsibilities as a Director or member.
 
12    Section 5.06. Public plans. The Authority shall implement
13its responsibilities in 5 public documents adopted by its
14Directors: a Strategic Plan; a Five-Year Capital Program; an
15Annual Capital Improvement Plan; an Annual Budget and Two-Year
16Financial Plan; and Service Standards.
 
17    Section 5.07. Strategic Plan.
18    (a) The Authority shall adopt a Strategic Plan, no less
19than every 5 years, after holding a minimum of one public
20hearing in each of the counties in the metropolitan region.
21    (b) To the maximum extent feasible, the Authority shall
22adopt its Strategic Plan on a similar schedule as the regional
23comprehensive plan adopted by the Chicago Metropolitan Agency
24for Planning.

 

 

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1    (c) In developing the Strategic Plan, the Authority shall
2rely on such demographic and other data, forecasts, and
3assumptions developed by the Chicago Metropolitan Agency for
4Planning with respect to the patterns of population density
5and growth, projected commercial and residential development,
6and environmental factors within the metropolitan region and
7in areas outside the metropolitan region that may impact
8public transportation use in the metropolitan region.
9    (d) The Authority shall also consult with the Department
10of Transportation's Office of Planning and Programming, the
11Illinois State Toll Highway Authority, and municipal and
12county departments of transportation when developing the
13Strategic Plan.
14    (e) Before adopting or amending a Strategic Plan, the
15Authority shall consult with the Chicago Metropolitan Agency
16for Planning regarding the consistency of the Strategic Plan
17with the Regional Comprehensive Plan adopted pursuant to the
18Regional Planning Act.
19    (f) The Authority may use staff of the Chicago
20Metropolitan Agency for Planning for planning-related purposes
21on terms and conditions acceptable to the Authority and the
22Chicago Metropolitan Agency for Planning.
23    (g) The Strategic Plan shall describe the specific actions
24to be taken by the Authority to provide adequate, efficient,
25equitable, and coordinated public transportation.
26    (h) The Strategic Plan shall identify goals and objectives

 

 

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1with respect to:
2        (1) increasing ridership and passenger miles on public
3    transportation funded by the Authority;
4        (2) coordination of public transportation services and
5    the investment in public transportation facilities to
6    enhance the integration of public transportation
7    throughout the metropolitan region;
8        (3) coordination of fare and transfer policies to
9    promote transfers by riders among public transportation
10    modes;
11        (4) improvements in public transportation facilities
12    to bring those facilities into a state of good repair,
13    enhancements that attract ridership and improve customer
14    service, and expansions needed to serve areas with
15    sufficient demand for public transportation;
16        (5) access for transit-dependent populations,
17    including access by low-income communities to places of
18    employment, using analyses provided by the Chicago
19    Metropolitan Agency for Planning regarding employment and
20    transportation availability and considering the location
21    of employment centers in each county and the availability
22    of public transportation at off-peak hours and on
23    weekends;
24        (6) the financial viability of the public
25    transportation system, including both operating and
26    capital programs;

 

 

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1        (7) improving roadway operations within the
2    metropolitan region and enhancing transit options to
3    improve mobility;
4        (8) land use policies, practices, and incentives that
5    will make more effective use of public transportation
6    services and facilities as community assets and encourage
7    the siting of businesses, homes, and public facilities
8    near public transportation services and facilities to
9    provide convenient and affordable travel for residents,
10    customers, and employees in the metropolitan region;
11        (9) policies, practices, and incentives that will
12    better integrate public transportation with other active
13    modes of transportation; and
14        (10) other goals and objectives that advance the
15    policy of the State to provide adequate, efficient,
16    equitable and coordinated public transportation in the
17    metropolitan region.
18    (i) The Strategic Plan shall establish the process and
19criteria by which proposals for capital improvements by the
20Authority or a transportation agency shall be evaluated by the
21Authority for inclusion in the Five-Year Capital Program,
22which shall be in accordance with the prioritization process
23set forth in Section 5.08, and may include criteria for:
24        (1) allocating funds among maintenance, enhancement,
25    and expansion improvements;
26        (2) projects to be funded from the City-Suburban

 

 

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1    Mobility Innovations Fund;
2        (3) projects intended to improve or enhance ridership
3    or customer service;
4        (4) design and location of station or transit
5    improvements intended to promote transfers, increase
6    ridership, and support transit-oriented land development;
7        (5) assessing the impact of projects on the ability to
8    operate and maintain the existing transit system; and
9        (6) other criteria that advance the goals and
10    objectives of the Strategic Plan.
11    (j) The Strategic Plan shall identify innovations to
12improve the delivery of public transportation and the
13construction of public transportation facilities, including
14new vehicle technologies, operational practices, financial
15arrangements, and other innovations that may benefit the
16metropolitan region.
17    (k) The Strategic Plan shall extend on the plans adopted
18pursuant to Sections 5.09, 5.10, 5.11, and 5.12 and describe
19the expected financial condition of public transportation in
20the metropolitan region prospectively over a 10-year period,
21which may include information about the cash position and all
22known obligations of the Authority, including operating
23expenditures, debt service, contributions for payment of
24pension and other post-employment benefits, the expected
25revenues from fares, tax receipts, grants from the federal,
26State, and local governments for operating and capital

 

 

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1purposes and issuance of debt, the availability of working
2capital, and the additional resources, if any, needed to
3achieve the goals and objectives described in the Strategic
4Plan. The Strategic Plan shall outline the Authority's plan
5for dealing with any projected shortfall in financial
6resources necessary to keep public transportation facilities
7in a state of good repair and to deliver public transportation
8services that meet Service Standards adopted pursuant to
9Section 5.11.
10    (l) The Executive Director of the Authority shall review
11the Strategic Plan on an ongoing basis and make
12recommendations to the Board with respect to any update or
13amendment of the Strategic Plan.
 
14    Section 5.08. Prioritization process for transit capital
15projects.
16    (a) The Authority shall develop a transparent
17prioritization process for metropolitan region transit capital
18projects to identify projects that will most effectively
19achieve the goals of the Strategic Plan and improve the
20quality of public transportation services contemplated by the
21Service Standards.
22    (b) The Authority shall use the prioritization process
23when developing its Five-Year Capital Program pursuant to
24Section 5.09 and for its other capital planning processes.
25    (c) The prioritization process must consider, at a

 

 

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1minimum:
2        (1) increasing access to key destinations such as
3    jobs, retail, healthcare, and recreation;
4        (2) reliability improvement;
5        (3) capacity needs;
6        (4) safety:
7        (5) state of good repair;
8        (6) racial equity and mobility justice;
9        (7) environmental protection;
10        (8) the Service Standards; and
11        (9) economic development.
12    (d) All capital funding awards shall be made by the
13Authority in accordance with the prioritization process. An
14appropriate public input process shall be established. The
15Authority shall make a report to the General Assembly each
16year describing the prioritization process and its use in
17funding awards.
18    (e) A summary of the project evaluation process, measures,
19program, and scores or prioritization criteria for all
20candidate projects shall be published on the Authority's
21website in a timely manner.
22    (f) No project shall be included in the Five-Year Capital
23Program, or amendments to that Program, without being
24evaluated under the selection process described in this
25Section.
 

 

 

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1    Section 5.09. Five-Year Capital Program.
2    (a) The Authority, after holding a minimum of one public
3hearing in each of the counties in the metropolitan region,
4shall each year adopt a Five-Year Capital Program that shall
5include each capital improvement to be undertaken by the
6Authority or on behalf of the Authority by a transportation
7agency.
8    (b) The Authority shall prepare and publish its
9preliminary Five-Year Capital Program by October 15 of each
10year based on any criteria for capital improvements contained
11in the Strategic Plan, the capital project prioritization
12process established in Section 5.08, the Service Standards,
13the transit asset management plans required by 49 CFR 625.25,
14and other criteria determined by the Authority so long as the
15improvements are not inconsistent with any subregional or
16corridor plan adopted by the Authority and can be funded
17within amounts available with respect to the capital and
18operating costs of such improvement.
19    (c) The Authority shall give priority to improvements that
20are intended to bring public transportation facilities into a
21state of good repair.
22    (d) Before adopting a Five-Year Capital Program, the
23Authority shall consult with the Chicago Metropolitan Agency
24for Planning regarding the consistency of the Five-Year
25Capital Program with the Regional Comprehensive Plan adopted
26pursuant to the Regional Planning Act.

 

 

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1    (e) The Authority shall adopt a final Five-Year Capital
2Program prior to the beginning of the next fiscal year.
 
3    Section 5.10. Annual Capital Improvement Plan.
4    (a) Each year, the Authority shall prepare as part of its
5Five-Year Capital Program an Annual Capital Improvement Plan,
6which shall include the following information:
7        (1) a list of projects for which approval is sought
8    from the Governor, with a description of each project
9    stating at a minimum the project cost, its category, its
10    location, and the entity responsible for its
11    implementation;
12        (2) a certification by the Authority that the
13    Authority applied for all grants, loans, and other moneys
14    made available by the federal government or the State of
15    Illinois during the preceding federal and State fiscal
16    years for financing its capital development activities;
17        (3) a certification that, as of September 30 of the
18    preceding calendar year or any later date, the balance of
19    all federal capital grant funds and all other funds to be
20    used as matching funds therefore which were committed to
21    or possessed by the Authority but which had not been
22    obligated was less than $500,000,000, or a greater amount
23    as authorized in writing by the Governor. As used in this
24    paragraph, "obligated" means committed to be paid by the
25    Authority under a contract with a nongovernmental entity

 

 

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1    in connection with the performance of a project or
2    committed under a force account plan approved by the
3    federal government;
4        (4) a certification that the Authority has adopted a
5    balanced budget with respect to such calendar year under
6    Section 5.12;
7        (5) a schedule of all bonds or notes previously issued
8    for Strategic Capital Improvement Projects and all debt
9    service payments to be made with respect to all such bonds
10    and the estimated additional debt service payments through
11    June 30 of the following calendar year expected to result
12    from bonds to be sold prior thereto;
13        (6) a long-range summary of the Strategic Capital
14    Improvement Program describing the projects to be funded
15    through the Program with respect to project cost,
16    category, location, and implementing entity, and
17    presenting a financial plan, including an estimated time
18    schedule for obligating funds for the performance of
19    approved projects, issuing bonds, expending bond proceeds,
20    and paying debt service throughout the duration of the
21    Program; and
22        (7) the source of funding for each project in the
23    Plan. For any project for which full funding has not yet
24    been secured and that is not subject to a federal full
25    funding contract, the Authority must identify alternative,
26    dedicated funding sources available to complete the

 

 

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1    project. The Governor may waive this requirement on a
2    project-by-project basis.
3    (b) The Authority shall submit the Plan, with respect to
4any calendar year, to the Governor on or before January 15 of
5that year or as soon as possible thereafter. Any revision in
6the projects approved shall require the Governor's approval.
7    (c) The Authority shall seek approval from the Governor
8only through the Plan or an amendment to the Plan. The
9Authority shall not request approval of the Plan from the
10Governor in any calendar year in which it is unable to make the
11certifications required under paragraphs (2), (3), and (4) of
12subsection (a). The Authority may not seek approval of the
13Plan from the Governor for projects in an aggregate amount
14exceeding the proceeds of bonds or notes for Strategic Capital
15Improvement Projects issued under Section 6.05.
16    (d) The Governor may approve the Plan for which approval
17is requested. The Governor's approval is limited to the amount
18of the project cost stated in the Plan. The Governor shall not
19approve the Plan in a calendar year if the Authority is unable
20to make the certifications required under paragraphs (2), (3),
21and (4) of subsection (a). The Governor may not approve the
22Plan for projects in an aggregate amount exceeding the
23proceeds of bonds or notes for Strategic Capital Improvement
24Projects issued under Section 6.05.
25    (e) With respect to capital improvements, only those
26capital improvements which are in a Plan approved by the

 

 

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1Governor shall be financed with the proceeds of bonds or notes
2issued for Strategic Capital Improvement Projects.
3    (f) Before the Authority obligates any funds for a project
4for which the Authority intends to use the proceeds of bonds or
5notes for Strategic Capital Improvement Projects, but which
6project is not included in an approved Plan, the Authority
7must notify the Governor of the intended obligation. Project
8costs incurred prior to approval of the Plan, including that
9project, may not be paid from the proceeds of bonds or notes
10for Strategic Capital Improvement Projects issued under
11Section 6.05.
 
12    Section 5.11. Service Standards.
13    (a) The Authority shall adopt Service Standards in
14conjunction with its Strategic Plan and Five-Year Capital
15Program.
16    (b) The Service Standards shall identify quantitative and
17qualitative attributes of quality public transit service using
18metrics drawn from the performance of high-quality transit
19systems in global metropolitan areas with comparable
20populations and metropolitan economies as the metropolitan
21region.
22    (c) The Service Standards shall include a framework that
23describes the appropriate characteristics for each type of
24service or mode. These characteristics include, but are not
25limited to, mode, frequency, time span, vehicle type, stop

 

 

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1spacing, vehicle and stop amenities, network connectivity,
2route directness, route deviation, and coverage of service.
3    (d) The Service Standards shall include the transition of
4commuter rail in the metropolitan region to a regional rail
5service pattern or the retention of commuter rail with
6additional regional rail service.
7    (e) The Service Standards shall cover the entire
8metropolitan region and include the development of transit
9propensity thresholds for each type of service or mode.
10Transit propensity metrics shall include, but are not limited
11to, population density, employment density, low-income
12populations, disabled populations, zero-car households,
13intersection density, and the presence of sidewalks. Weights
14should be developed for each metric and a scoring system
15developed to determine transit propensity. The production of a
16transit propensity assessment shall be conducted for any
17proposed new or modified services and constrained to a service
18or route estimated catchment area. Final determination of the
19eligibility of each type of service or mode for an area is
20subject to qualitative review by the Authority once the
21propensity assessment is completed, reviewed, and evaluated.
22    (f) A local government or group of local governments may
23petition the Authority to increase the level of transit
24service provided above what would otherwise be provided
25through the Service Standards. If a local government or group
26of local governments demonstrates that the local government or

 

 

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1group of local governments have created a transit support
2overlay district under the Transit-Supportive Development Act
3or have adopted zoning and other changes that the Authority
4determines has benefits to the transit system greater than or
5equal to a transit support overlay district, the Authority
6shall designate a preliminary amendment to the applicable
7Service Standards for that area commensurate with the expected
8increase in transit propensity. The Authority shall determine
9the incremental cost of providing the service and present it
10to the local government or group of local governments. Upon
11execution of an agreement for the local government or group of
12local governments to provide funding for 12 months to the
13Authority equal to the incremental cost of providing the
14additional service, the Authority shall finalize the Service
15Standards amendment, and the Authority shall budget for and
16provide the increased service. For service to be provided
17within or substantially within Qualified Census Tracts as
18identified by the U.S. Department of Housing and Urban
19Development, the Office of Transit-Oriented Development shall
20provide a 50% cost share to the Authority for the increased
21transit service associated with the Service Standards
22amendment. The Authority may develop plans to assist local
23governments in identifying corridors where additional service
24could be provided through the mechanism described in this
25subsection.
26    (g) The Service Standards shall be adjusted as appropriate

 

 

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1to accommodate the addition of modes of public transportation
2not currently being provided by the Authority, which may
3include, but is not limited to: streetcar; light rail;
4full-scale bus rapid transit; a transition from commuter rail
5to regional rail or a combination of commuter and regional
6rail; and electrified versions of current combustion engine
7vehicle systems.
8    (h) The Service Standards shall be used to update or
9otherwise inform the provision of the Authority's Title VI and
10environmental justice policies.
11    (i) The Board shall review and make any necessary
12adjustments to the Service Standards at least once every 5
13years in conjunction with its adoption of the Authority's
14Strategic Plan.
15    (j) The Authority shall compile and publish reports
16comparing the actual public transportation system performance
17measured against the Service Standards. Such performance
18measures shall include customer-related performance data
19measured by line, route, or subregion, as determined by the
20Authority, on at least the following:
21        (1) travel times and on-time performance;
22        (2) ridership data;
23        (3) equipment failure rates;
24        (4) employee and customer safety;
25        (5) crowding;
26        (6) cleanliness of vehicles and stations;

 

 

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1        (7) service productivity; and
2        (8) customer satisfaction.
3    (k) Transportation agencies that receive funding from the
4Authority shall prepare and submit to the Authority such
5reports with regard to these performance measures in the
6frequency and form required by the Authority. The Authority
7shall compile and publish such reports on its website on a
8regular basis, no less than monthly.
9    (l) The Service Standards and performance measures shall
10not be used as the basis for disciplinary action against any
11employee of the Authority, except to the extent the employment
12and disciplinary practices of the Authority provide for such
13action.
 
14    Section 5.12. Annual Budget and Two-Year Financial Plan.
15    (a) The Board shall control the finances of the Authority.
16It shall (i) appropriate money to perform the Authority's
17purposes and provide for payment of debts and expenses of the
18Authority and (ii) adopt an Annual Budget and Two-Year
19Financial Plan for the Authority.
20    (b) The Annual Budget and Two-Year Financial Plan shall
21contain a statement of the funds estimated to be on hand for
22the Authority at the beginning of the fiscal year, the funds
23estimated to be received from all sources for such year, the
24estimated expenses and obligations of the Authority for all
25purposes, including expenses for contributions to be made with

 

 

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1respect to pension and other employee benefits, and the funds
2estimated to be on hand at the end of such year.
3    (c) The fiscal year of the Authority shall begin on
4January 1 and end on the succeeding December 31. By July 1 of
5each year, the Director of the Governor's Office of Management
6and Budget shall submit to the Authority an estimate of
7revenues for the next fiscal year of the Authority to be
8collected from the taxes imposed by the Authority and the
9amounts to be available in the Public Transportation Fund and
10the Metropolitan Mobility Authority Occupation and Use Tax
11Replacement Fund and the amounts otherwise to be appropriated
12by the State to the Authority for its purposes.
13    (d) Before the proposed Annual Budget and Two-Year
14Financial Plan is adopted, the Authority shall hold at least
15one public hearing on the Annual Budget and Two-Year Financial
16Plan in the metropolitan region and shall meet with the county
17board or its designee of each of the several counties in the
18metropolitan region. After conducting the hearings and holding
19the meetings and after making changes in the proposed Annual
20Budget and Two-Year Financial Plan as the Board deems
21appropriate, the Board shall adopt its annual appropriation
22and Annual Budget and Two-Year Financial Plan ordinance. The
23ordinance shall appropriate such sums of money as are deemed
24necessary to defray all necessary expenses and obligations of
25the Authority, specifying purposes and the objects or programs
26for which appropriations are made and the amount appropriated

 

 

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1for each object or program. Additional appropriations,
2transfers between items, and other changes in such ordinance
3may be made from time to time by the Board.
4    (e) The Annual Budget and Two-Year Financial Plan shall
5show a balance between anticipated revenues from all sources
6and anticipated expenses, including funding of operating
7deficits or the discharge of encumbrances incurred in prior
8periods and payment of principal and interest when due, and
9shall show cash balances sufficient to pay with reasonable
10promptness all obligations and expenses as incurred.
11    (f) The Authority shall file a copy of its Annual Budget
12and Two-Year Financial Plan with the General Assembly and the
13Governor after its adoption and a statement certifying that it
14published the data described in subsection (g).
15    (g) The Authority shall publish a monthly comprehensive
16set of data regarding transit service and safety. The data
17included shall include information to track operations,
18including:
19        (1) staffing levels, including numbers of budgeted
20    positions, current positions employed, hired staff,
21    attrition, staff in training, and absenteeism rates;
22        (2) scheduled service and delivered service, including
23    percentage of scheduled service delivered by day, service
24    by mode of transportation, service by route and rail line,
25    total number of revenue miles driven, excess wait times by
26    day, by mode of transportation, by bus route, and by stop;

 

 

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1    and
2        (3) safety on the system, including the number of
3    incidents of crime and code of conduct violations on the
4    system, any performance measures used to evaluate the
5    effectiveness of investments in private security, safety
6    equipment, and other security investments in the system.
7    If no performance measures exist to evaluate the
8    effectiveness of these safety investments, the Authority
9    shall develop and publish these performance measures.
10    (h) The Authority shall regularly solicit input and ideas
11on publishing data on the service reliability, operations, and
12safety of the system from the public and groups representing
13transit riders, workers, and businesses and make appropriate
14adjustments and additions to the data reported pursuant to
15subsection (g).
16    (i) All transportation agencies, comprehensive planning
17agencies, including the Chicago Metropolitan Agency for
18Planning and transportation planning agencies in the
19metropolitan region, shall furnish to the Authority such
20information pertaining to public transportation or relevant
21plans therefore as it may from time to time require. The
22Executive Director, or the Executive Director's designee,
23shall, for the purpose of securing any such information
24necessary or appropriate to carry out any of the powers and
25responsibilities of the Authority under this Act, have access
26to, and the right to examine, all books, documents, papers, or

 

 

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1records of any transportation agency receiving funds from the
2Authority, and such transportation agency shall comply with
3any request by the Executive Director, or the Executive
4Director's designee, within 30 days or an extended time
5provided by the Executive Director.
 
6    Section 5.13. Authority Inspector General.
7    (a) The Authority and the transportation agencies are
8subject to the jurisdiction of the Governor's Executive
9Inspector General.
10    (b) The Authority may appoint an independent Authority
11Inspector General to serve as the ethics officer for the
12Authority and to investigate on its own authority or on the
13basis of a complaint or referral possible waste, fraud, or
14abuse involving the Authority or a transportation agency. The
15Authority Inspector General may conduct performance reviews
16and audits designed to prevent waste, fraud, or abuse and to
17improve the operation of the Authority and transportation
18agencies.
19    (c) The Board shall provide sufficient staff and resources
20so the Authority Inspector General can fulfill its functions
21and responsibilities.
22    (d) All employees, agents, and contractors of the
23Authority and the transportation agencies shall cooperate with
24reviews, audits, and investigations conducted by the Authority
25Inspector General.

 

 

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1    (e) The Authority Inspector General may be appointed for a
2term of up to 5 years or until a successor is appointed and has
3qualified. The Board may remove the Authority Inspector
4General before the expiration of the Inspector General's term
5only for good cause and with the concurrence of the Governor's
6Executive Inspector General.
7    (f) The appointment of an Authority Inspector General
8shall not in any way limit the powers of the Governor's
9Executive Inspector General.
 
10    Section 5.14. Executive Inspector General.
11    (a) Moneys may be appropriated from the Public
12Transportation Fund to the Governor's Office of the Executive
13Inspector General for the costs incurred by the Executive
14Inspector General while serving as the inspector general for
15the Authority.
16    (b) The Governor's Office of the Executive Inspector
17General shall annually report to the General Assembly the
18expenses incurred while serving as the inspector general for
19the Authority.
20    (c) All employees, agents, and contractors of the
21Authority and the transportation agencies shall cooperate with
22reviews, audits, and investigations conducted by the
23Governor's Executive Inspector General.
 
24    Section 5.15. Performance audits.

 

 

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1    (a) The Auditor General shall conduct performance audits
2of the Authority and transportation agencies at least once
3every 5 years. The performance audits shall:
4        (1) focus on the quality and cost-effectiveness of the
5    public transportation system, including comparative
6    assessments against the performance of transit systems in
7    comparable metropolitan regions around the world;
8        (2) include recommendations for improvements informed
9    by applicable industry best practices and any legislation
10    or other steps that governmental bodies could take to
11    facilitate such improvements; and
12        (3) assess the efficacy of the public transportation
13    system in providing affordable transportation, connecting
14    residents to jobs, education, and other opportunities, and
15    improving the environment.
16    (b) The Authority may suggest areas of emphasis for the
17Auditor General to consider and the Auditor General may, in
18its discretion, structure the audit and recommendations to
19help achieve the goal of a well-functioning and efficient
20regional public transportation system.
21    (c) The Auditor General and the Authority shall coordinate
22the timing of performance audits such that the findings will
23be available to the Authority at the time when it begins
24preparation of its Strategic Plan and Five-Year Capital
25Program. The Authority shall reimburse the Auditor General for
26the costs incurred in conducting the performance audits.
 

 

 

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1    Section 5.16. Audits of transportation agencies. The
2Authority may conduct management, performance, financial, and
3infrastructure condition audits of transportation agencies
4that receive funds from the Authority. Transportation agencies
5shall cooperate fully with audits conducted pursuant to this
6Section and act on the findings and recommendations contained
7in such audits as directed by the Authority. Copies of audits
8shall be supplied to the Governor and the General Assembly and
9made available for review by the public subject to any
10redactions as required or permitted by applicable law.
 
11    Section 5.17. Transparency and accountability portal.
12    (a) As used in this Section:
13    "CHI-TAP" means the Greater Chicago Mass Transit
14Transparency and Accountability Portal.
15    "Contracts" means payment obligations with vendors on file
16to purchase goods and services exceeding $10,000 in value.
17    "Recipients" means the Authority or transportation
18agencies.
19    (b) The Authority shall maintain a website, known as the
20Greater Chicago Mass Transit Transparency and Accountability
21Portal, and shall be tasked with compiling and updating the
22CHI-TAP database with information received by the Authority.
23    (c) The CHI-TAP shall provide direct access to each of the
24following:

 

 

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1        (1) A database of all employees of the Authority
2    sorted separately by:
3            (A) name;
4            (B) division or department;
5            (C) employment position title;
6            (D) county of employment location;
7            (E) current base salary or hourly rate and
8        year-to-date gross pay;
9            (F) status of position including, but not limited
10        to, bargained-for positions, at-will positions, or not
11        bargained-for positions;
12            (G) employment status, including, but not limited
13        to, full-time permanent, full-time temporary,
14        part-time permanent and part-time temporary; and
15            (H) status as a military veteran.
16        (2) A database of all current Authority expenditures,
17    sorted by category.
18        (3) A database of all Authority contracts sorted
19    separately by contractor name, awarding officer or agency,
20    contract value, and goods or services provided.
21        (4) A database of publicly available accident-related
22    and safety-related information currently required to be
23    reported to the federal Secretary of Transportation under
24    49 U.S.C. 5335.
25    (d) The CHI-TAP shall include all information required to
26be published by subsection (c) in a format the Authority can

 

 

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1compile and publish on the CHI-TAP. The Authority shall update
2the CHI-TAP at least once every 30 days as additional
3information becomes available.
 
4    Section 5.18. Financial statements and annual reports.
5    (a) Within 6 months after the end of each fiscal year, the
6Board shall prepare a complete and detailed report of the
7audit of the Authority and reviewing the state of the
8Authority and of the public transportation provided by
9transportation agencies.
10    (b) The report shall include evaluations of public
11transportation in the metropolitan region and of the
12Authority's activities and financial statements of the
13Authority's revenues and expenditures for such year and of its
14assets and liabilities. The financial statements must be
15audited by an independent certified public accountant.
16    (c) The report shall also set forth the financial results
17as reported by each transportation agency that, during such
18year, had a purchase of service or grant agreement with the
19Authority or that received financial assistance from the
20Authority. The results shall be set forth separately for each
21such transportation agency.
22    (d) The report shall be published on the Authority's
23website. A sufficient number of copies of each annual report
24shall be printed for distribution to anyone, upon request, and
25a copy of the report shall be filed with the Governor, the

 

 

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1State Comptroller, the Speaker and Minority Leader of the
2House of Representatives, the President and Minority Leader of
3the Senate, the Mayor of the City of Chicago, the President or
4Chair of the county board of each county in the metropolitan
5region, and each transportation agency which, during such
6year, had a purchase of service agreement with the Authority
7or which received financial grants or other financial
8assistance from the Authority.
 
9    Section 5.19. Opt out.
10    (a) Notwithstanding any other provision of this Act, if
11the county board of the County of DuPage, Kane, Lake, McHenry,
12or Will by ordinance authorizes that such county shall elect
13to terminate the powers of the Authority in that county, the
14secretary of that county board shall certify that proposition
15to the proper election officials, who shall submit such
16proposition at an election in accordance with the general
17election law to decide whether that county shall opt out.
18    (b) The form of the ballot to be used at the referendum
19shall be substantially as follows:
20---------------------------
21    Shall ..... County terminate
22the powers of the Metropolitan     YES
23Mobility Authority          ---------------------------------
24in .... County                     NO
25on ..... (date)

 

 

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1-------------------------------------------------------------
2    (c) If a majority of the voters vote in favor of
3terminating the powers of the Authority, then all of the
4powers of the Authority shall terminate in that county on the
5date stated in the referendum, except those powers and
6functions that the Authority determines to be necessary to
7exercise with regard to:
8        (1) public transportation by commuter rail, and
9    related public transportation facilities;
10        (2) public transportation other than by commuter rail
11    that is required in order to comply with federal or State
12    laws and regulations, and related public transportation
13    facilities; and
14        (3) public transportation other than by commuter rail
15    provided by the Authority pursuant to contract with the
16    county or other governmental entity within the county, and
17    related public transportation facilities.
18    (d) The termination of the powers of the Authority
19referred to in subsection (a) with respect to a county shall
20occur on approval of the referendum by the electors provided
21on or prior to the date of such termination specified in the
22referendum, and, thereafter, the county shall have:
23        (1) assumed the obligations of the Authority under all
24    laws, federal or State, and all contracts with respect to
25    public transportation or public transportation facilities
26    in the county, which statutory or contractual obligations

 

 

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1    extend beyond the termination date in the referendum if
2    the obligations shall not be deemed to include any
3    indebtedness of the Authority for borrowed money;
4        (2) agreed to indemnify and hold harmless the
5    Authority against any and all claims, actions, and
6    liabilities arising out of or in connection with the
7    termination of the Authority's powers and functions
8    pursuant to subsection (a); and
9        (3) taken or caused to be taken all necessary actions
10    and fulfilled or caused to be fulfilled all requirements
11    under federal and State laws, rules, and regulations with
12    respect to such termination and any related transfers of
13    assets or liabilities of the Authority. A county may, by
14    mutual agreement with the Authority, permit the Authority
15    to fulfill one or more contracts that, by their terms,
16    extend beyond the termination date provided for in the
17    referendum, in which case the powers and functions of the
18    Authority in that county shall survive only to the extent
19    deemed necessary by the Authority to fulfill said contract
20    or contracts. The satisfaction of the requirements
21    provided for in this paragraph shall be evidenced in such
22    manner as the Authority may require.
23    (e) Following an election to terminate the powers of the
24Authority at a referendum held under subsection (a), the
25county board shall notify the Authority of the results of the
26referendum, including the termination date in the referendum,

 

 

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1which shall be the last day of a calendar month. Unless the
2termination date is extended by mutual agreement between the
3county and the Authority, the termination of the powers and
4functions of the Authority in the county shall occur at
5midnight on the termination date if the requirements of this
6Section have been met.
7    (f) The proceeds of taxes imposed by the Authority under
8Sections 6.02 and 6.03 collected after the termination date
9within a county in which the powers of the Authority have been
10terminated under this Section shall be used by the Authority
11to support commuter rail services attributable to that county,
12as determined by the Authority. Any proceeds which are in
13excess of that necessary to support such services shall be
14paid by the Authority to that county to be expended for public
15transportation purposes in accordance with law. If no commuter
16rail services under the jurisdiction of the Authority are
17provided in a county in which the powers of the Authority have
18been terminated under this Section, all proceeds of taxes
19imposed by the Authority in the county shall be paid by the
20Authority to the county to be expended for public
21transportation purposes in accordance with law.
 
22
Article VI. FINANCES

 
23    Section 6.01. Federal, State, and other funds.
24    (a) The Authority may apply for, receive, and expend

 

 

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1grants, loans, or other funds from the State of Illinois or a
2department or agency thereof, from any unit of local
3government, or from the federal government or a department or
4agency thereof for use in connection with any of the powers or
5purposes of the Authority as set forth in this Act. The
6Authority shall have power to make such studies as may be
7necessary and to enter into contracts or agreements with the
8State of Illinois or any department or agency thereof, with
9any unit of local government, or with the federal government
10or a department or agency thereof concerning such grants,
11loans, or other funds, or any conditions relating thereto,
12including obligations to repay such funds. The Authority may
13make such covenants concerning such grants, loans, and funds
14as it deems proper and necessary in carrying out its
15responsibilities, purposes, and powers as provided in this
16Act.
17    (b) The Authority is designated the primary public body in
18the metropolitan region with authority to apply for and
19receive grants, loans, or other funds relating to public
20transportation programs from the State of Illinois or a
21department or agency thereof, or from the federal government
22or a department or agency thereof. A unit of local government
23or transportation agency may apply for and receive any such
24federal or state capital grants, loans or other funds. A unit
25of local government or transportation agency shall notify the
26Authority and the Chicago Metropolitan Agency for Planning

 

 

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1prior to making any such application and shall file a copy of
2the application with the Authority and Agency. Nothing in this
3Section shall be construed to impose any limitation on the
4ability of the State of Illinois or a department or agency
5thereof, a unit of local government or transportation agency
6to make a grant or to enter into an agreement or contract with
7the National Rail Passenger Corporation. Nor shall anything in
8this Section impose any limitation on the ability of any
9school district to apply for or receive a grant, loan, or other
10funds for transportation of school children.
 
11    Section 6.02. Taxes.
12    (a) In order to carry out any of the powers or purposes of
13the Authority, the Board may, by ordinance adopted by the then
14Directors, impose throughout the metropolitan region any or
15all of the taxes provided in this Section. Except as otherwise
16provided in this Act, taxes imposed under this Section and
17civil penalties imposed incident thereto shall be collected
18and enforced by the Department of Revenue. The Department may
19administer and enforce the taxes and to determine all rights
20for refunds for erroneous payments of the taxes.
21    (b) The Board may impose a public transportation tax upon
22all persons engaged in the metropolitan region in the business
23of selling retail motor fuel for operation of motor vehicles
24upon public highways. The tax shall be at a rate not to exceed
255% of the gross receipts from the sales of motor fuel in the

 

 

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1course of the business. The Board may provide details of the
2tax. The provisions of any tax shall conform, as closely as may
3be practicable, to the provisions of the Non-Home Rule
4Municipal Retailers' Occupation Tax Act, including, without
5limitation, conformity to penalties with respect to the tax
6imposed and as to the powers of the Department of Revenue to
7adopt and enforcing rules and regulations relating to the
8administration and enforcement of the provisions of the tax
9imposed, except that reference in that Act to any municipality
10shall refer to the Authority and the tax shall be imposed only
11with regard to receipts from sales of motor fuel in the
12metropolitan region, at rates as limited by this Section.
13    (c) In connection with the tax imposed under subsection
14(b), the Board may impose a tax upon the privilege of using in
15the metropolitan region motor fuel for the operation of a
16motor vehicle upon public highways at a rate not in excess of
17the rate of tax imposed under subsection (b). The Board may
18provide details of the tax.
19    (d) The Board may impose a motor vehicle parking tax upon
20the privilege of parking motor vehicles at off-street parking
21facilities in the metropolitan region at which a fee is
22charged, may provide for reasonable classifications in and
23exemptions to the tax for administration and enforcement
24thereof and for civil penalties and refunds thereunder, and
25may provide criminal penalties thereunder, the maximum
26penalties not to exceed the maximum criminal penalties

 

 

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1provided in the Retailers' Occupation Tax Act. The Authority
2may collect and enforce the tax itself or by contract with any
3unit of local government. The Department of Revenue shall have
4no responsibility for the collection and enforcement unless
5the Department agrees with the Authority to undertake the
6collection and enforcement. As used in this subsection,
7"parking facility" means a parking area or structure having
8parking spaces for more than 2 vehicles at which motor
9vehicles are permitted to park in return for an hourly, daily,
10or other periodic fee, whether publicly or privately owned,
11but does not include parking spaces on a public street, the use
12of which is regulated by parking meters.
13    (e) The Board may impose a Metropolitan Mobility Authority
14Retailers' Occupation Tax upon all persons engaged in the
15business of selling tangible personal property at retail in
16the metropolitan region. In Cook County, the tax rate shall be
171.25% of the gross receipts from sales of tangible personal
18property taxed at the 1% rate under the Retailers' Occupation
19Tax Act and 1% of the gross receipts from other taxable sales
20made in the course of that business. In DuPage, Kane, Lake,
21McHenry, and Will counties, the tax rate shall be 0.75% of the
22gross receipts from all taxable sales made in the course of
23that business. However, the rate of tax imposed in DuPage,
24Kane, Lake, McHenry, and Will counties under this Section on
25sales of aviation fuel shall be 0.25% unless the Authority in
26DuPage, Kane, Lake, McHenry, and Will counties has an

 

 

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1airport-related purpose and the additional 0.50% of the 0.75%
2tax on aviation fuel is expended for airport-related purposes.
3If there is no airport-related purpose to which aviation fuel
4tax revenue is dedicated, then aviation fuel is excluded from
5the additional 0.50% of the 0.75% tax. The tax imposed under
6this Section and all civil penalties that may be assessed as an
7incident thereof shall be collected and enforced by the
8Department of Revenue. The Department has full power to
9administer and enforce this Section; to collect all taxes and
10penalties so collected in the manner provided in this Section;
11and to determine all rights to credit memoranda arising on
12account of the erroneous payment of tax or penalty under this
13Section. In the administration of and compliance with this
14Section, the Department and persons who are subject to this
15Section shall have the same rights, remedies, privileges,
16immunities, powers, and duties, and be subject to the same
17conditions, restrictions, limitations, penalties, exclusions,
18exemptions, and definitions of terms, and employ the same
19modes of procedure, as are prescribed in Sections 1, 1a, 1a-1,
201c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all
21provisions therein other than the State rate of tax), 2c, 3
22(except as to the disposition of taxes and penalties
23collected, and except that the retailer's discount is not
24allowed for taxes paid on aviation fuel that are subject to the
25revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
2647133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l,

 

 

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16, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the
2Retailers' Occupation Tax Act and Section 3-7 of the Uniform
3Penalty and Interest Act, as fully as if those provisions were
4set forth in this Section.
5    (f) The Board and DuPage, Kane, Lake, McHenry, and Will
6counties must comply with the certification requirements for
7airport-related purposes under Section 2-22 of the Retailers'
8Occupation Tax Act. This exclusion for aviation fuel only
9applies for so long as the revenue use requirements of 49
10U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
11Authority.
12    (g) Persons subject to any tax imposed under the authority
13granted in this Section may reimburse themselves for their
14seller's tax liability hereunder by separately stating the tax
15as an additional charge, which charge may be stated in
16combination in a single amount with State taxes that sellers
17are required to collect under the Use Tax Act, under any
18bracket schedules the Department may prescribe.
19    (h) Whenever the Department determines that a refund
20should be made under this Section to a claimant instead of
21issuing a credit memorandum, the Department shall notify the
22State Comptroller, who shall cause the warrant to be drawn for
23the amount specified, and to the person named, in the
24notification from the Department. The State Treasurer shall
25pay the refund out of the Metropolitan Mobility Authority
26Occupation and Use Tax Replacement Fund or the Local

 

 

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1Government Aviation Trust Fund, as appropriate.
2    (i) If a tax is imposed under subsection (e), a tax shall
3also be imposed under subsections (m) and (r).
4    (j) For the purpose of determining whether a tax
5authorized under this Section is applicable, a retail sale by
6a producer of coal or other mineral mined in Illinois is a sale
7at retail at the place where the coal or other mineral mined in
8Illinois is extracted from the earth. This subsection does not
9apply to coal or other minerals when it is delivered or shipped
10by the seller to the purchaser at a point outside Illinois so
11that the sale is exempt under the United States Constitution
12as a sale in interstate or foreign commerce.
13    (k) A tax may not be imposed or collected under this
14Section on the sale of a motor vehicle in this State to a
15resident of another state if that motor vehicle will not be
16titled in this State.
17    (l) Nothing in this Section shall be construed to
18authorize the Authority to impose a tax upon the privilege of
19engaging in any business that under the United States
20Constitution may not be made the subject of taxation by this
21State.
22    (m) If a tax has been imposed under subsection (e), a
23Metropolitan Mobility Authority Service Occupation Tax shall
24also be imposed upon all persons engaged in the metropolitan
25region in the business of making sales of service who, as an
26incident to making the sales of service, transfer tangible

 

 

HB5823- 124 -LRB103 40434 AWJ 72767 b

1personal property within the metropolitan region, either in
2the form of tangible personal property or in the form of real
3estate as an incident to a sale of service. In Cook County, the
4tax rate shall be: (1) 1.25% of the serviceman's cost price of
5food prepared for immediate consumption and transferred
6incident to a sale of service subject to the service
7occupation tax by an entity licensed under the Hospital
8Licensing Act, the Nursing Home Care Act, the Specialized
9Mental Health Rehabilitation Act of 2013, the ID/DD Community
10Care Act, or the MC/DD Act that is located in the metropolitan
11region; (2) 1.25% of the selling price of tangible personal
12property taxed at the 1% rate under the Service Occupation Tax
13Act; and (3) 1% of the selling price from other taxable sales
14of tangible personal property transferred. In DuPage, Kane,
15Lake, McHenry, and Will counties, the rate shall be 0.75% of
16the selling price of all tangible personal property
17transferred. However, the rate of tax imposed in DuPage, Kane,
18Lake, McHenry, and Will counties under this Section on sales
19of aviation fuel shall be 0.25% unless the Authority in
20DuPage, Kane, Lake, McHenry, and Will counties has an
21airport-related purpose and the additional 0.50% of the 0.75%
22tax on aviation fuel is expended for airport-related purposes.
23If there is no airport-related purpose to which aviation fuel
24tax revenue is dedicated, then aviation fuel is excluded from
25the additional 0.5% of the 0.75% tax.
26    (n) The tax imposed under subsection (e) and all civil

 

 

HB5823- 125 -LRB103 40434 AWJ 72767 b

1penalties that may be assessed as an incident thereof shall be
2collected and enforced by the Department of Revenue. The
3Department has full power to administer and enforce this
4subsection; to collect all taxes and penalties due hereunder;
5to dispose of taxes and penalties collected in the manner
6hereinafter provided; and to determine all rights to credit
7memoranda arising on account of the erroneous payment of tax
8or penalty hereunder. In the administration of and compliance
9with this subsection, the Department and persons who are
10subject to this subsection shall have the same rights,
11remedies, privileges, immunities, powers, and duties, and be
12subject to the same conditions, restrictions, limitations,
13penalties, exclusions, exemptions, and definitions of terms,
14and employ the same modes of procedure, as are prescribed in
15Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
16provisions therein other than the State rate of tax), 4
17(except that the reference to the State shall be to the
18Authority), 5, 7, 8 (except that the jurisdiction to which the
19tax shall be a debt to the extent indicated in that Section 8
20shall be the Authority), 9 (except as to the disposition of
21taxes and penalties collected, and except that the returned
22merchandise credit for this tax may not be taken against any
23State tax, and except that the retailer's discount is not
24allowed for taxes paid on aviation fuel that are subject to the
25revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
2647133), 10, 11, 12 (except the reference therein to Section 2b

 

 

HB5823- 126 -LRB103 40434 AWJ 72767 b

1of the Retailers' Occupation Tax Act), 13 (except that any
2reference to the State means the Authority), the first
3paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service
4Occupation Tax Act and Section 3-7 of the Uniform Penalty and
5Interest Act, as fully as if those provisions were set forth in
6this Section.
7    (o) Persons subject to any tax imposed under this Section
8may reimburse themselves for their serviceman's tax liability
9hereunder by separately stating the tax as an additional
10charge, that charge may be stated in combination in a single
11amount with State tax that servicemen are authorized to
12collect under the Service Use Tax Act, under any bracket
13schedules the Department may prescribe.
14    (p) Whenever the Department determines that a refund
15should be made under this subsection to a claimant instead of
16issuing a credit memorandum, the Department shall notify the
17State Comptroller, who shall cause the warrant to be drawn for
18the amount specified, and to the person named in the
19notification from the Department. The State Treasurer shall
20pay the refund out of the Metropolitan Mobility Authority
21Occupation and Use Tax Replacement Fund established under
22subsection (cc) or the Local Government Aviation Trust Fund,
23as appropriate.
24    (q) Nothing in this Section shall be construed to
25authorize the Authority to impose a tax upon the privilege of
26engaging in any business that under the Constitution of the

 

 

HB5823- 127 -LRB103 40434 AWJ 72767 b

1United States may not be made the subject of taxation by the
2State.
3    (r) If a tax has been imposed under subsection (e), a tax
4shall also be imposed upon the privilege of using in the
5metropolitan region, any item of tangible personal property
6that is purchased outside the metropolitan region at retail
7from a retailer, and that is titled or registered with an
8agency of this State's government. In Cook County, the tax
9rate shall be 1% of the selling price of the tangible personal
10property, as "selling price" is defined in the Use Tax Act. In
11DuPage, Kane, Lake, McHenry, and Will counties, the tax rate
12shall be 0.75% of the selling price of the tangible personal
13property, as "selling price" is defined in the Use Tax Act. The
14tax shall be collected from persons whose Illinois address for
15titling or registration purposes is given as being in the
16metropolitan region. The tax shall be collected by the
17Department of Revenue for the Authority. The tax must be paid
18to the State, or an exemption determination must be obtained
19from the Department of Revenue before the title or certificate
20of registration for the property may be issued. The tax or
21proof of exemption may be transmitted to the Department by way
22of the State agency with which, or the State officer with whom,
23the tangible personal property must be titled or registered if
24the Department and the State agency or State officer determine
25that this procedure will expedite the processing of
26applications for title or registration.

 

 

HB5823- 128 -LRB103 40434 AWJ 72767 b

1    (s) The Department has full power to administer and
2enforce this subsection; to collect all taxes, penalties, and
3interest due hereunder; to dispose of taxes, penalties, and
4interest collected in the manner hereinafter provided; and to
5determine all rights to credit memoranda or refunds arising on
6account of the erroneous payment of tax, penalty, or interest
7hereunder. In the administration of and compliance with this
8subsection, the Department and persons who are subject to this
9subsection shall have the same rights, remedies, privileges,
10immunities, powers, and duties, and be subject to the same
11conditions, restrictions, limitations, penalties, exclusions,
12exemptions, and definitions of terms and employ the same modes
13of procedure, as are prescribed in Sections 2 (except the
14definition of "retailer maintaining a place of business in
15this State"), 3 through 3-80 (except provisions pertaining to
16the State rate of tax, and except provisions concerning
17collection or refunding of the tax by retailers), 4, 11, 12,
1812a, 14, 15, 19 (except the portions pertaining to claims by
19retailers and except the last paragraph concerning refunds),
2020, 21, and 22 of the Use Tax Act, and are not inconsistent
21with this subsection, as fully as if those provisions were set
22forth herein.
23    (t) The Authority may impose a replacement vehicle tax of
24$50 on any passenger car, as defined in Section 1-157 of the
25Illinois Vehicle Code, purchased within the metropolitan
26region by or on behalf of an insurance company to replace a

 

 

HB5823- 129 -LRB103 40434 AWJ 72767 b

1passenger car of an insured person in settlement of a total
2loss claim. The tax imposed may not become effective before
3the first day of the month following the passage of the
4ordinance imposing the tax and receipt of a certified copy of
5the ordinance by the Department of Revenue. The Department of
6Revenue shall collect the tax for the Authority in accordance
7with Sections 3-2002 and 3-2003 of the Illinois Vehicle Code.
8    (u) The Department shall immediately pay over to the State
9Treasurer, ex officio, as trustee, all taxes collected under
10this Section.
11    (v) As soon as possible after the first day of each month,
12upon certification of the Department of Revenue, the
13Comptroller shall order transferred, and the Treasurer shall
14transfer, to the STAR Bonds Revenue Fund the local sales tax
15increment, as defined in the Innovation Development and
16Economy Act, collected under this Section during the second
17preceding calendar month for sales within a STAR bond
18district.
19    (w) After the monthly transfer to the STAR Bonds Revenue
20Fund, on or before the 25th day of each calendar month, the
21Department shall prepare and certify to the Comptroller the
22disbursement of stated sums of money to the Authority. The
23amount to be paid to the Authority shall be the amount
24collected under this Section during the second preceding
25calendar month by the Department, less any amount determined
26by the Department to be necessary for the payment of refunds,

 

 

HB5823- 130 -LRB103 40434 AWJ 72767 b

1and less any amounts that are transferred to the STAR Bonds
2Revenue Fund. Within 10 days after receipt by the Comptroller
3of the disbursement certification to the Authority provided
4for in this Section to be given to the Comptroller by the
5Department, the Comptroller shall cause the orders to be drawn
6for that amount in accordance with the directions contained in
7the certification.
8    (x) The Board may not impose any other taxes except as it
9may from time to time be authorized by law to impose.
10    (y) A certificate of registration issued by the State
11Department of Revenue to a retailer under the Retailers'
12Occupation Tax Act or under the Service Occupation Tax Act
13shall permit the registrant to engage in a business that is
14taxed under the tax imposed under subsection (b), (e), (bb),
15or (r) and no additional registration shall be required under
16the tax. A certificate issued under the Use Tax Act or the
17Service Use Tax Act shall be applicable with regard to any tax
18imposed under subsection (c).
19    (z) The provisions of any tax imposed under subsection (c)
20shall conform as closely as may be practicable to the
21provisions of the Use Tax Act, including, without limitation,
22conformity as to penalties with respect to the tax imposed and
23as to the powers of the Department of Revenue to adopt and
24enforce rules and regulations relating to the administration
25and enforcement of the provisions of the tax imposed. The
26taxes shall be imposed only on use within the metropolitan

 

 

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1region and at rates as provided in subsection (b).
2    (aa) The Board, in imposing any tax as provided in
3subsections (b) and (c), shall, after seeking the advice of
4the Department of Revenue, provide means for retailers, users,
5or purchasers of motor fuel for purposes other than those with
6regard to which the taxes may be imposed as provided in those
7subsections to receive refunds of taxes improperly paid, which
8provisions may be at variance with the refund provisions as
9applicable under the Non-Home Rule Municipal Retailers'
10Occupation Tax Act. The State Department of Revenue may
11provide for certificates of registration for users or
12purchasers of motor fuel for purposes other than those with
13regard to which taxes may be imposed as provided in
14subsections (b) and (c) to facilitate the reporting and
15nontaxability of the exempt sales or uses.
16    (bb) An ordinance or resolution imposing, increasing,
17decreasing, or discontinuing the tax under this Section shall
18be adopted and a certified copy of the ordinance filed with the
19Department, whereupon the Department shall proceed to
20administer and enforce this Section as of the first day of the
21first month to occur not less than 60 days following such
22adoption and filing.
23    (cc) Except as otherwise provided in this subsection, the
24Department of Revenue shall, upon collecting any taxes as
25provided in this Section, pay the taxes to the State Treasurer
26as trustee for the Authority. The taxes shall be held in the

 

 

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1Metropolitan Mobility Authority Occupation and Use Tax
2Replacement Fund, a trust fund outside the State treasury. If
3an airport-related purpose has been certified, taxes and
4penalties collected in DuPage, Kane, Lake, McHenry, and Will
5counties on aviation fuel sold from the 0.50% of the 0.75% rate
6shall be immediately paid over by the Department to the State
7Treasurer, ex officio, as trustee, for deposit into the Local
8Government Aviation Trust Fund. The Department shall only pay
9moneys into the Local Government Aviation Trust Fund under
10this Act for so long as the revenue use requirements of 49
11U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
12Authority. On or before the 25th day of each calendar month,
13the State Department of Revenue shall prepare and certify to
14the Comptroller of the State of Illinois and to the Authority
15(i) the amount of taxes collected in each county other than
16Cook County in the metropolitan region, (not including, if an
17airport-related purpose has been certified, the taxes and
18penalties collected from the 0.50% of the 0.75% rate on
19aviation fuel that are deposited into the Local Government
20Aviation Trust Fund) (ii) the amount of taxes collected within
21the City of Chicago, and (iii) the amount collected in that
22portion of Cook County outside Chicago, each amount less the
23amount necessary for the payment of refunds to taxpayers
24located in those areas described in items (i), (ii), and
25(iii), and less 1.5% of the remainder, which shall be
26transferred from the trust fund into the Tax Compliance and

 

 

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1Administration Fund. The Department, at the time of each
2monthly disbursement to the Authority, shall prepare and
3certify to the State Comptroller the amount to be transferred
4into the Tax Compliance and Administration Fund under this
5subsection. Within 10 days after receipt by the Comptroller of
6the certification of the amounts, the Comptroller shall cause
7an order to be drawn for the transfer of the amount certified
8into the Tax Compliance and Administration Fund and the
9payment of two-thirds of the amounts certified in item (i) of
10this subsection to the Authority and one-third of the amounts
11certified in item (i) of this subsection to the respective
12counties other than Cook County and the amount certified in
13items (ii) and (iii) of this subsection to the Authority.
14    (dd) In addition to the disbursement required by
15subsection (cc), an allocation shall be made in each year to
16the Authority. The allocation shall be made in an amount equal
17to the average monthly distribution during the preceding
18calendar year (excluding the 2 months of lowest receipts) and
19the allocation shall include the amount of average monthly
20distribution from the Metropolitan Mobility Authority
21Occupation and Use Tax Replacement Fund. The distribution made
22in each year under this subsection and in subsection (cc)
23shall be reduced by the amount allocated and disbursed under
24this subsection in the preceding calendar year. The Department
25of Revenue shall prepare and certify to the Comptroller for
26disbursement the allocations made in accordance with this

 

 

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1subsection.
2    (ee) The Authority's failure to adopt a budget ordinance
3or adopt a Five-year Capital Program shall not affect the
4validity of any tax imposed by the Authority otherwise in
5conformity with law.
6    (ff) A public transportation tax or motor vehicle parking
7tax authorized under subsections (b), (c), and (d) may not be
8in effect at the same time as any retailers' occupation, use,
9or service occupation tax authorized under subsections (e),
10(m), and (r) is in effect.
11    (gg) Any taxes imposed under the authority provided in
12subsections (b), (c), and (d) shall remain in effect only
13until the time as any tax authorized by subsections (e), (m),
14and (r) are imposed and becomes effective. Once any tax
15authorized by subsections (e), (m), and (r) is imposed the
16Board may not reimpose taxes as authorized in subsections (b),
17(c), and (d) unless any tax authorized by subsections (e),
18(m), and (r) becomes ineffective by means other than an
19ordinance of the Board.
20    (hh) Any existing rights, remedies, and obligations,
21including enforcement by the Authority, arising under any tax
22imposed under subsections (b), (c), and (d) shall not be
23affected by the imposition of a tax under subsections (e),
24(m), and (r).
25    (ii) As used in this Section:
26    "Airport-related purposes" has the meaning given to that

 

 

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1term in Section 6z-20.2 of the State Finance Act.
2    "Motor fuel" has the meaning given to that term in Section
31.1 of the Motor Fuel Tax Law.
 
4    Section 6.03. Gross receipts tax-automobile rental.
5    (a) The Board may impose a tax upon all persons engaged in
6the business of renting automobiles in the metropolitan region
7at the rate of not to exceed 1% of the gross receipts from such
8business within Cook County and not to exceed 0.25% of the
9gross receipts from such business within the counties of
10DuPage, Kane, Lake, McHenry, and Will. The tax imposed
11pursuant to this subsection and all civil penalties that may
12be assessed as an incident thereof shall be collected and
13enforced by the Department of Revenue. The certificate of
14registration which is issued by the Department to a retailer
15under the Retailers' Occupation Tax Act or under the
16Automobile Renting Occupation and Use Tax Act shall permit
17such person to engage in a business which is taxable under any
18ordinance or resolution enacted pursuant to this subsection
19without registering separately with the Department under such
20ordinance or resolution or under this subsection. The
21Department has full power to administer and enforce this
22subsection; to collect all taxes and penalties due under this
23subsection; to dispose of taxes and penalties so collected in
24the manner provided in this subsection, and to determine all
25rights to credit memoranda, arising on account of the

 

 

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1erroneous payment of tax or penalty under this subsection. In
2the administration of, and compliance with, this subsection,
3the Department and persons who are subject to this subsection
4have the same rights, remedies, privileges, immunities,
5powers, and duties, and are subject to the same conditions,
6restrictions, limitations, penalties, and definitions of
7terms, and employ the same modes of procedure, as are
8prescribed in Sections 2 and 3 (in respect to all provisions
9therein other than the State rate of tax; and with relation to
10the provisions of the Retailers' Occupation Tax referred to
11therein, except as to the disposition of taxes and penalties
12collected, and except for the provision allowing retailers a
13deduction from the tax cover certain costs, and except that
14credit memoranda issued hereunder may not be used to discharge
15any State tax liability) of the Automobile Renting Occupation
16and Use Tax Act as fully as if provisions contained in those
17Sections of said Act were set forth in this subsection.
18Persons subject to any tax imposed pursuant to the authority
19granted in this paragraph may reimburse themselves for their
20tax liability under this subsection by separately stating such
21tax as an additional charge, which charge may be stated in
22combination, in a single amount, with State tax which sellers
23are required to collect under the Automobile Renting
24Occupation and Use Tax Act pursuant to such bracket schedules
25as the Department may prescribe. Nothing in this subsection
26shall be construed to authorize the Authority to impose a tax

 

 

HB5823- 137 -LRB103 40434 AWJ 72767 b

1upon the privilege of engaging in any business which under the
2United States Constitution may not be made the subject of
3taxation by this State.
4    (b) The Board may impose a tax upon the privilege of using,
5in the metropolitan region, an automobile which is rented from
6a renter outside Illinois, and that is titled or registered
7with an agency of this State's government, at a rate not to
8exceed 1% of the rental price of such automobile within Cook
9County, and not to exceed 0.25% of the rental price within the
10counties of DuPage, Kane, Lake, McHenry, and Will. Such tax
11shall be collected from persons whose Illinois address for
12titling or registration purposes is given as being in the
13metropolitan region. Such tax shall be collected by the
14Department of Revenue for the Authority. Such tax must be paid
15to the State, or an exemption determination must be obtained
16from the Department of Revenue before the title or certificate
17of registration for the property may be issued. The tax or
18proof of exemption may be transmitted to the Department by way
19of the State agency with which, or State officer with whom the
20tangible personal property must be titled or registered if the
21Department and such agency or State officer determine that
22this procedure will expedite the processing of applications
23for title or registration. The Department has full power to
24administer and enforce this subsection; to collect all taxes,
25penalties and interest due under this subsection; to dispose
26of taxes, penalties, and interest so collected in the manner

 

 

HB5823- 138 -LRB103 40434 AWJ 72767 b

1provided in this subsection, and to determine all rights to
2credit memoranda or refunds arising on account of the
3erroneous payment of tax, penalty, or interest under this
4subsection. In the administration of, and compliance with,
5this subsection, the Department and persons who are subject to
6this paragraph have the same rights, remedies, privileges,
7immunities, powers, and duties, and are subject to the same
8conditions, restrictions, limitations, penalties, and
9definitions of terms, and employ the same modes of procedure,
10as are prescribed in Sections 2 and 4 (except provisions
11pertaining to the State rate of tax; and with relation to the
12provisions of the Use Tax Act referred to therein, except
13provisions concerning collection or refunding of the tax by
14retailers, and except the provisions of Section 19 pertaining
15to claims by retailers and except the last paragraph
16concerning refunds, and except that credit memoranda issued
17hereunder may not be used to discharge any State tax
18liability) of the Automobile Renting Occupation and Use Tax
19Act which are not inconsistent with this subsection, as fully
20as if provisions contained in those Sections of said Act were
21set forth in this subsection.
22    (c) Whenever the Department determines that a refund
23should be made under this Section to a claimant instead of
24issuing a credit memorandum, the Department shall notify the
25State Comptroller, who shall cause the order to be drawn for
26the amount specified, and to the person named, in such

 

 

HB5823- 139 -LRB103 40434 AWJ 72767 b

1notification from the Department. Such refund shall be paid by
2the State Treasurer out of the Metropolitan Mobility Authority
3Occupation and Use Tax Replacement Fund created under Section
46.02.
5    (d) The Department shall forthwith pay over to the State
6Treasurer, ex officio, as trustee, all taxes, penalties and
7interest collected under this Section. On or before the 25th
8day of each calendar month, the Department shall prepare and
9certify to the State Comptroller the amount to be paid to the
10Authority. The State Department of Revenue shall also certify
11to the Authority the amount of taxes collected in each county
12other than Cook County in the metropolitan region less the
13amount necessary for the payment of refunds to taxpayers in
14such county. With regard to Cook County, the certification
15shall specify the amount of taxes collected within the City of
16Chicago less the amount necessary for the payment of refunds
17to taxpayers in the City of Chicago and the amount collected in
18that portion of Cook County outside the City of Chicago less
19the amount necessary for the payment of refunds to taxpayers
20in that portion of Cook County outside the City of Chicago. The
21amount to be paid to the Authority shall be the amount, not
22including credit memoranda, collected under this Section
23during the second preceding calendar month by the Department,
24and not including an amount equal to the amount of refunds made
25during the second preceding calendar month by the Department
26on behalf of the Authority. Within 10 days after receipt by the

 

 

HB5823- 140 -LRB103 40434 AWJ 72767 b

1State Comptroller of the disbursement certification to the
2Authority, the State Comptroller shall cause the orders to be
3drawn in accordance with the directions contained in such
4certification.
5    (e) An ordinance imposing a tax under this Section or
6effecting a change in the rate of the tax shall be effective on
7the first day of the calendar month next following the month in
8which such ordinance is passed. The Board shall transmit to
9the Department of Revenue on or not later than 5 days after
10passage of the ordinance a certified copy of the ordinance
11imposing such tax whereupon the Department of Revenue shall
12proceed to administer and enforce this Section on behalf of
13the Authority as of the effective date of the ordinance. Upon a
14change in rate of a tax levied hereunder, or upon the
15discontinuance of the tax, the Board shall, on or not later
16than 5 days after passage of the ordinance discontinuing the
17tax or effecting a change in rate, transmit to the Department
18of Revenue a certified copy of the ordinance effecting such
19change or discontinuance.
 
20    Section 6.04. Distribution of revenues.
21    (a) This Section applies only after the Department begins
22administering and enforcing an increased tax under subsection
23(bb) of Section 6.02 as authorized by this Act. After
24providing for payment of its obligations with respect to bonds
25and notes issued under the provisions of Section 6.05 and

 

 

HB5823- 141 -LRB103 40434 AWJ 72767 b

1obligations related to those bonds and notes and separately
2accounting for the tax on aviation fuel deposited into the
3Local Government Aviation Trust Fund, the Authority shall
4disburse the remaining proceeds from taxes it has received
5from the Department of Revenue under this Article VI and the
6remaining proceeds it has received from the State under
7subsection (a) of Section 6.08 among the Authority programs.
8    (b) The Authority shall allocate among the Authority
9programs money received by the Authority on account of
10transfers to the Metropolitan Mobility Authority Occupation
11and Use Tax Replacement Fund from the State and Local Sales Tax
12Reform Fund.
13    (c) The Authority shall allocate money received from the
14State under subsection (a) of Section 6.08 among the Authority
15programs.
16    (d) The Authority shall allocate funds provided by the
17State of Illinois under subsection (cc) of Section 6.02 among
18the Authority programs.
19    (e) With respect to those taxes collected in DuPage, Kane,
20Lake, McHenry, and Will counties and paid directly to the
21counties under Section 6.02, the county board of each county
22shall use those amounts to fund operating and capital costs of
23public safety and public transportation services or facilities
24or to fund operating, capital, right-of-way, construction, and
25maintenance costs of other transportation purposes, including
26road, bridge, public safety, and transit purposes intended to

 

 

HB5823- 142 -LRB103 40434 AWJ 72767 b

1improve mobility or reduce congestion in the county. The
2receipt of funding by such counties pursuant to this
3subsection may not be used as the basis for reducing any funds
4that such counties would otherwise have received from the
5State of Illinois, any agency or instrumentality thereof, the
6Authority, or the Operating Divisions.
 
7    Section 6.05. Issuance and pledge of bonds and notes.
8    (a) The Authority may borrow money and to issue its
9negotiable bonds or notes as provided in this Section. Unless
10otherwise indicated in this Section, the term "notes" also
11includes bond anticipation notes, which are notes which by
12their terms provide for their payment from the proceeds of
13bonds thereafter to be issued.
14    (b) Bonds or notes of the Authority may be issued for any
15or all of the following purposes:
16        (1) to pay costs to the Authority of constructing or
17    acquiring any public transportation facilities, including
18    funds and rights relating thereto;
19        (2) to repay advances to the Authority made for such
20    purposes; and to pay other expenses of the Authority
21    incident to or incurred in connection with such
22    construction or acquisition;
23        (3) to provide funds for any transportation agency to
24    pay principal of or interest or redemption premium on any
25    bonds or notes, whether as such amounts become due or by

 

 

HB5823- 143 -LRB103 40434 AWJ 72767 b

1    earlier redemption, issued prior to the effective date of
2    this Act by such transportation agency to construct or
3    acquire public transportation facilities or to provide
4    funds to purchase such bonds or notes;
5        (4) to provide funds for any transportation agency to
6    construct or acquire any public transportation facilities,
7    to repay advances made for such purposes, and to pay other
8    expenses incident to or incurred in connection with such
9    construction or acquisition; and
10        (5) to provide funds for payment of obligations,
11    including the funding of reserves, under any
12    self-insurance plan or joint self-insurance pool or
13    entity.
14    (c) In addition to any other borrowing as may be
15authorized by this Section, the Authority may issue its notes,
16from time to time, in anticipation of tax receipts of the
17Authority or of other revenues or receipts of the Authority,
18in order to provide money for the Authority to cover any cash
19flow deficit which the Authority anticipates incurring. Any
20such notes are referred to in this Section as "working cash
21notes".
22    (d) Working cash notes may not be issued for a term of
23longer than 24 months.
24    (e) Proceeds of working cash notes may be used to pay
25day-to-day operating expenses of the Authority, consisting of
26wages, salaries, and fringe benefits, professional and

 

 

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1technical services, including legal, audit, engineering, and
2other consulting services, office rental, furniture, fixtures
3and equipment, insurance premiums, claims for self-insured
4amounts under insurance policies, public utility obligations
5for telephone, light, heat, and similar items, travel
6expenses, office supplies, postage, dues, subscriptions,
7public hearings and information expenses, fuel purchases, and
8payments of grants and payments under purchase of service
9agreements for operations of transportation agencies, prior to
10the receipt by the Authority from time to time of funds for
11paying such expenses.
12    (f) The Authority may issue notes or bonds to pay, refund,
13or redeem any of its notes and bonds, including to pay
14redemption premiums or accrued interest on such bonds or notes
15being renewed, paid or refunded, and other costs in connection
16therewith.
17    (g) The Authority may use the proceeds of any bonds or
18notes issued under this Section to pay the legal, financial,
19administrative, and other expenses of such authorization,
20issuance, sale, or delivery of bonds or notes or to provide or
21increase a debt service reserve fund with respect to any or all
22of its bonds or notes.
23    (h) The Authority may issue and deliver its bonds or notes
24in exchange for any public transportation facilities,
25including funds and rights relating thereto, or in exchange
26for outstanding bonds or notes of the Authority, including any

 

 

HB5823- 145 -LRB103 40434 AWJ 72767 b

1accrued interest or redemption premium thereon, without
2advertising or submitting such notes or bonds for public
3bidding.
4    (i) The ordinance providing for the issuance of any bonds
5or notes issued under this Section shall fix the date or dates
6of maturity, the dates on which interest is payable, any
7sinking fund account or reserve fund account provisions, and
8all other details of such bonds or notes and may provide for
9such covenants or agreements necessary or desirable with
10regard to the issue, sale and security of such bonds or notes.
11The rate or rates of interest on its bonds or notes may be
12fixed or variable and the Authority shall determine or provide
13for the determination of the rate or rates of interest of its
14bonds or notes issued under this Act in an ordinance adopted by
15the Authority prior to the issuance thereof, none of which
16rates of interest shall exceed that permitted in the Bond
17Authorization Act. Interest may be payable at such times as
18are provided for by the Board.
19    (j) Bonds and notes issued under this Section may be
20issued as serial or term obligations, shall be of such
21denomination or denominations and form, including interest
22coupons to be attached thereto, be executed in such manner,
23shall be payable at such place or places and bear such date as
24the Authority shall fix by the ordinance authorizing such bond
25or note and shall mature at such time or times, within a period
26not to exceed 40 years from the date of issue, and may be

 

 

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1redeemable prior to maturity with or without premium, at the
2option of the Authority, upon such terms and conditions as the
3Authority shall fix by the ordinance authorizing the issuance
4of such bonds or notes.
5    (k) A bond anticipation note or any renewal thereof may
6not mature at any time or times exceeding 5 years from the date
7of the first issuance of such note.
8    (l) The Authority may provide for the registration of
9bonds or notes in the name of the owner as to the principal
10alone or as to both principal and interest, upon such terms and
11conditions as the Authority may determine.
12    (m) The ordinance authorizing bonds or notes may provide
13for the exchange of such bonds or notes which are fully
14registered, as to both principal and interest, with bonds or
15notes which are registrable as to principal only.
16    (n) All bonds or notes issued under this Section by the
17Authority other than those issued in exchange for property or
18for bonds or notes of the Authority shall be sold at a price
19which may be at a premium or discount but such that the
20interest cost, excluding any redemption premium, to the
21Authority of the proceeds of an issue of such bonds or notes,
22computed to stated maturity according to standard tables of
23bond values, shall not exceed that permitted in the Bond
24Authorization Act.
25    (o) The Authority shall notify the Governor's Office of
26Management and Budget and the State Comptroller at least 30

 

 

HB5823- 147 -LRB103 40434 AWJ 72767 b

1days before any bond sale and shall file with the Governor's
2Office of Management and Budget and the State Comptroller a
3certified copy of any ordinance authorizing the issuance of
4bonds at or before the issuance of the bonds.
5    (p) Any such bonds or notes of the Authority shall be sold
6to the highest and best bidder on sealed bids as the Authority
7shall deem. As such bonds or notes are to be sold the Authority
8shall advertise for proposals to purchase the bonds or notes
9which advertisement shall be published at least once in a
10daily newspaper of general circulation published in the
11metropolitan region at least 10 days before the time set for
12the submission of bids. The Authority shall have the right to
13reject any or all bids.
14    (q) Notwithstanding any other provisions of this Section,
15working cash notes or bonds or notes to provide funds for
16self-insurance or a joint self-insurance pool or entity may be
17sold either upon competitive bidding or by negotiated sale,
18without any requirement of publication of intention to
19negotiate the sale of such Notes, as the Board shall determine
20by ordinance.
21    (r) In case any officer whose signature appears on any
22bonds, notes, or coupons authorized pursuant to this Section
23shall cease to be such officer before delivery of such bonds or
24notes, such signature shall nevertheless be valid and
25sufficient for all purposes, the same as if such officer had
26remained in office until such delivery. Neither the Directors

 

 

HB5823- 148 -LRB103 40434 AWJ 72767 b

1of the Authority nor any person executing any bonds or notes
2thereof shall be liable personally on any such bonds or notes
3or coupons by reason of the issuance thereof.
4    (s) All bonds or notes of the Authority issued pursuant to
5this Section shall be general obligations of the Authority to
6which shall be pledged the full faith and credit of the
7Authority, as provided in this Section. Such bonds or notes
8shall be secured as provided in the authorizing ordinance,
9which may, notwithstanding any other provision of this Act,
10include in addition to any other security, a specific pledge
11or assignment of and lien on or security interest in any or all
12tax receipts of the Authority and on any or all other revenues
13or moneys of the Authority from whatever source, which may, by
14law, be used for debt service purposes and a specific pledge or
15assignment of and lien on or security interest in any funds or
16accounts established or provided for by the ordinance of the
17Authority authorizing the issuance of such bonds or notes. Any
18such pledge, assignment, lien, or security interest for the
19benefit of holders of bonds or notes of the Authority shall be
20valid and binding from the time the bonds or notes are issued
21without any physical delivery or further act and shall be
22valid and binding as against and prior to the claims of all
23other parties having claims of any kind against the Authority
24or any other person irrespective of whether such other parties
25have notice of such pledge, assignment, lien, or security
26interest. The obligations of the Authority incurred pursuant

 

 

HB5823- 149 -LRB103 40434 AWJ 72767 b

1to this Section are superior to and have priority over any
2other obligations of the Authority.
3    (t) The Authority may provide in the ordinance authorizing
4the issuance of any bonds or notes issued pursuant to this
5Section for the creation of, deposits in, and regulation and
6disposition of sinking fund or reserve accounts relating to
7such bonds or notes. The ordinance authorizing the issuance of
8any bonds or notes pursuant to this Section may contain
9provisions as part of the contract with the holders of the
10bonds or notes, for the creation of a separate fund to provide
11for the payment of principal and interest on such bonds or
12notes and for the deposit in such fund from any or all the tax
13receipts of the Authority and from any or all such other moneys
14or revenues of the Authority from whatever source which may by
15law be used for debt service purposes, all as provided in such
16ordinance, of amounts to meet the debt service requirements on
17such bonds or notes, including principal and interest, and any
18sinking fund or reserve fund account requirements as may be
19provided by such ordinance, and all expenses incident to or in
20connection with such fund and accounts or the payment of such
21bonds or notes. Such ordinance may also provide limitations on
22the issuance of additional bonds or notes of the Authority.
23Such bonds or notes of the Authority do not constitute a debt
24of the State of Illinois. Nothing in this Act shall be
25construed to enable the Authority to impose any ad valorem tax
26on property.

 

 

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1    (u) The ordinance of the Authority authorizing the
2issuance of any bonds or notes may provide additional security
3for such bonds or notes by providing for appointment of a
4corporate trustee, which may be any trust company or bank
5having the powers of a trust company within the State, with
6respect to such bonds or notes. The ordinance shall prescribe
7the rights, duties, and powers of the trustee to be exercised
8for the benefit of the Authority and the protection of the
9holders of such bonds or notes. The ordinance may provide for
10the trustee to hold in trust, invest, and use amounts in funds
11and accounts created as provided by the ordinance with respect
12to the bonds or notes. The ordinance may provide for the
13assignment and direct payment to the trustee of any or all
14amounts produced from the sources provided in Sections 6.02
15and 6.08 and provided in Section 6z-17 of the State Finance
16Act. Upon receipt of notice of any such assignment, the
17Department of Revenue and the Comptroller of the State of
18Illinois shall thereafter, notwithstanding the provisions of
19Sections 6.02 and 6.08 and Section 6z-17 of the State Finance
20Act, provide for such assigned amounts to be paid directly to
21the trustee instead of the Authority, all in accordance with
22the terms of the ordinance making the assignment. The
23ordinance shall provide that amounts so paid to the trustee
24which are not required to be deposited, held, or invested in
25funds and accounts created by the ordinance with respect to
26bonds or notes or used for paying bonds or notes to be paid by

 

 

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1the trustee to the Authority.
2    (v) Any bonds or notes of the Authority issued pursuant to
3this Section shall constitute a contract between the Authority
4and the holders from time to time of such bonds or notes. In
5issuing any bond or note, the Authority may include in the
6ordinance authorizing such issue a covenant as part of the
7contract with the holders of the bonds or notes, that as long
8as such obligations are outstanding, it shall make such
9deposits, as provided in subsection (c). It may also so
10covenant that it shall impose and continue to impose taxes, as
11provided in Section 6.02 and in addition thereto as
12subsequently authorized by law, sufficient to make such
13deposits and pay the principal and interest and to meet other
14debt service requirements of such bonds or notes as they
15become due. A certified copy of the ordinance authorizing the
16issuance of any such obligations shall be filed at or prior to
17the issuance of such obligations with the State Comptroller
18and the Department of Revenue.
19    (w) The State of Illinois pledges to and agrees with the
20holders of the bonds and notes of the Authority issued
21pursuant to this Section that the State will not limit or alter
22the rights and powers vested in the Authority by this Act to
23impair the terms of any contract made by the Authority with
24such holders or in any way impair the rights and remedies of
25such holders until such bonds and notes, together with
26interest thereon, with interest on any unpaid installments of

 

 

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1interest, and all costs and expenses in connection with any
2action or proceedings by or on behalf of such holders, are
3fully met and discharged. In addition, the State pledges to
4and agrees with the holders of the bonds and notes of the
5Authority issued pursuant to this Section that the State will
6not limit or alter the basis on which State funds are to be
7paid to the Authority as provided in this Act, or the use of
8such funds, so as to impair the terms of any such contract. The
9Authority may include these pledges and agreements of the
10State in any contract with the holders of bonds or notes issued
11pursuant to this Section.
12    (x) Except as provided in subsections (y) and (aa), the
13Authority may not issue, sell, or deliver any bonds or notes,
14other than working cash notes and lines of credit, pursuant to
15this Section which will cause it to have issued and
16outstanding at any time in excess of $800,000,000 of such
17bonds and notes, other than working cash notes and lines of
18credit. The Authority shall not issue, sell, or deliver any
19working cash notes or establish a line of credit pursuant to
20this Section that will cause it to have issued and outstanding
21at any time in excess of $100,000,000. Bonds or notes which are
22being paid or retired by such issuance, sale, or delivery of
23bonds or notes, and bonds or notes for which sufficient funds
24have been deposited with the paying agency of such bonds or
25notes to provide for payment of principal and interest thereon
26or to provide for the redemption thereof, all pursuant to the

 

 

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1ordinance authorizing the issuance of such bonds or notes,
2shall not be considered to be outstanding for the purposes of
3this subsection.
4    (y) The Authority may issue, sell, and deliver bonds or
5notes in such amounts as are necessary to provide for the
6refunding or advance refunding of bonds or notes issued for
7Strategic Capital Improvement Projects under this subsection
8if no such refunding bond or note shall mature later than the
9final maturity date of the series of bonds or notes being
10refunded and if the debt service requirements for such
11refunding bonds or notes in the current or any future fiscal
12year do not exceed the debt service requirements for that year
13on the refunded bonds or notes.
14    (z) The Authority may also issue, sell, and deliver bonds
15or notes in such amounts as are necessary to provide for the
16refunding or advance refunding of bonds or notes issued for
17Strategic Capital Improvement Projects under paragraph (3) of
18subsection (g) of Section 4.04 of the Regional Transportation
19Authority Act (repealed), provided that no such refunding bond
20or note shall mature later than the final maturity date of the
21series of bonds or notes being refunded, and provided further
22that the debt service requirements for such refunding bonds or
23notes in the current or any future fiscal year shall not exceed
24the debt service requirements for that year on the refunded
25bonds or notes.
26    (aa) The Authority, subject to the terms of any agreements

 

 

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1with noteholders or bondholders as may then exist, may, out of
2any funds available therefore, purchase notes or bonds of the
3Authority, which shall thereupon be canceled.
4    (bb) In addition to any other authority granted by law,
5the State Treasurer may, with the approval of the Governor,
6invest or reinvest, at a price not to exceed par, any State
7money in the State treasury which is not needed for current
8expenditures due or about to become due in working cash notes.
9If there is a default on a working cash note issued by the
10Authority in which State money in the State treasury was
11invested, the Treasurer may, after giving notice to the
12Authority, certify to the Comptroller the amounts of the
13defaulted working cash note, in accordance with any applicable
14rules of the Comptroller, and the Comptroller must deduct and
15remit to the State treasury the certified amounts or a portion
16of those amounts from the following proportions of payments of
17State funds to the Authority:
18        (i) in the first year after default, one-third of the
19    total amount of any payments of State funds to the
20    Authority;
21        (ii) in the second year after default, two-thirds of
22    the total amount of any payments of State funds to the
23    Authority; and
24        (iii) in the third year after default and for each
25    year thereafter until the total invested amount is repaid,
26    the total amount of any payments of State funds to the

 

 

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1    Authority.
2    (cc) The Authority may establish a line of credit with a
3bank or other financial institution as may be evidenced by the
4issuance of notes or other obligations, secured by and payable
5from all tax receipts of the Authority and any or all other
6revenues or moneys of the Authority, in an amount not to exceed
7the limitations set forth in subsection (x). Money borrowed
8under this subsection shall be used to provide money for the
9Authority to cover any cash flow deficit that the Authority
10anticipates incurring and shall be repaid within 24 months.
11    (dd) Before establishing a line of credit under subsection
12(cc), the Authority shall authorize the line of credit by
13ordinance. The ordinance shall set forth facts demonstrating
14the need for the line of credit, state the amount to be
15borrowed, establish a maximum interest rate limit not to
16exceed the maximum rate authorized by the Bond Authorization
17Act, and provide a date by which the borrowed funds shall be
18repaid. The ordinance shall authorize and direct the relevant
19officials to make arrangements to set apart and hold, as
20applicable, the moneys that will be used to repay the
21borrowing. In addition, the ordinance may authorize the
22relevant officials to make partial repayments on the line of
23credit as the moneys become available and may contain any
24other terms, restrictions, or limitations desirable or
25necessary to give effect to subsection (cc).
26    (ee) The Authority shall notify the Governor's Office of

 

 

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1Management and Budget and the State Comptroller at least 30
2days before establishing a line of credit and shall file with
3the Governor's Office of Management and Budget and the State
4Comptroller a certified copy of any ordinance authorizing the
5establishment of a line of credit upon or before establishing
6the line of credit.
7    (ff) Moneys borrowed under a line of credit pursuant to
8subsection (cc) are general obligations of the Authority that
9are secured by the full faith and credit of the Authority.
 
10    Section 6.06. Bonds, notes, and certificates; legal
11investments. The State, all units of local government, all
12public officers, banks, bankers, trust companies, savings
13banks and institutions, building and loan associations,
14savings and loan associations, investment companies and other
15persons carrying on a banking business, insurance companies,
16insurance associations and other persons carrying on an
17insurance business, and all executors, administrators,
18guardians, trustees and other fiduciaries may legally invest
19any sinking funds, moneys, or other funds belonging to them or
20within their control in any bonds, notes, or equipment trust
21certificates issued pursuant to this Act, it being the purpose
22of this Section to authorize the investment in such bonds,
23notes, or certificates of all sinking, insurance, retirement,
24compensation, pension, and trust funds, whether owned or
25controlled by private or public persons or officers. However,

 

 

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1nothing in this Section may be construed as relieving any
2person, firm, or corporation from any duty of exercising
3reasonable care in selecting securities for purchase or
4investment.
 
5    Section 6.07. Exemption from taxation. The Authority is
6exempt from all State and unit of local government taxes and
7registration and license fees other than as required for motor
8vehicle registration in accordance with the Illinois Vehicle
9Code. All property of the Authority is declared to be public
10property devoted to an essential public and governmental
11function and purpose and is exempt from all taxes and special
12assessments of the State, any subdivision thereof, or any unit
13of local government.
 
14    Section 6.08. Public Transportation Fund and the
15Metropolitan Mobility Authority Occupation and Use Tax
16Replacement Fund.
17    (a) As soon as possible after the first day of each month,
18upon certification of the Department of Revenue, the
19Comptroller shall order transferred and the Treasurer shall
20transfer from the General Revenue Fund to the Public
21Transportation Fund, a special fund in the State treasury, an
22amount equal to 25% of the net revenue, before the deduction of
23the serviceman and retailer discounts pursuant to Section 9 of
24the Service Occupation Tax Act and Section 3 of the Retailers'

 

 

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1Occupation Tax Act, realized from any tax imposed by the
2Authority pursuant to Sections 6.02 and 6.03 and 25% of the
3amounts deposited into the Metropolitan Mobility Authority
4Occupation and Use Tax Replacement Fund created by Section
56.02, from the County and Mass Transit District Fund as
6provided in Section 6z-20 of the State Finance Act and 25% of
7the amounts deposited into the Metropolitan Mobility Authority
8Occupation and Use Tax Replacement Fund from the State and
9Local Sales Tax Reform Fund as provided in Section 6z-17 of the
10State Finance Act. On the first day of the month following the
11date that the Department receives revenues from increased
12taxes under subsection (cc) of Section 6.02, in lieu of the
13transfers authorized in the preceding sentence, upon
14certification of the Department of Revenue, the Comptroller
15shall order transferred and the Treasurer shall transfer from
16the General Revenue Fund to 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 (i) 80% of the proceeds of
21any tax imposed by the Authority at a rate of 1.25% in Cook
22County, (ii) 75% of the proceeds of any tax imposed by the
23Authority at the rate of 1% in Cook County, and (iii) one-third
24of the proceeds of any tax imposed by the Authority at the rate
25of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and
26Will, all pursuant to Section 6.02, and 25% of the net revenue

 

 

HB5823- 159 -LRB103 40434 AWJ 72767 b

1realized from any tax imposed by the Authority pursuant to
2Section 6.03, and 25% of the amounts deposited into the
3Metropolitan Mobility Authority Occupation and Use Tax
4Replacement Fund created by Section 6.02 from the County and
5Mass Transit District Fund as provided in Section 6z-20 of the
6State Finance Act, and 25% of the amounts deposited into the
7Metropolitan Mobility Authority Occupation and Use Tax
8Replacement Fund from the State and Local Sales Tax Reform
9Fund as provided in Section 6z-17 of the State Finance Act. As
10used in this Section, net revenue realized for a month shall be
11the revenue collected by the State pursuant to Sections 6.02
12and 6.03 during the previous month from within the
13metropolitan region, less the amount paid out during that same
14month as refunds to taxpayers for overpayment of liability in
15the metropolitan region under Sections 6.02 and 6.03.
16    (b) Notwithstanding any provision of law to the contrary,
17those amounts required under subsection (a) to be transferred
18by the Treasurer into the Public Transportation Fund from the
19General Revenue Fund shall be directly deposited into the
20Public Transportation Fund as the revenues are realized from
21the taxes indicated.
22    (c) Except as otherwise provided in subsection (c), on the
23first day of each month, upon certification by the Department
24of Revenue, the Comptroller shall order transferred and the
25Treasurer shall transfer from the General Revenue Fund to the
26Public Transportation Fund an amount equal to 5% of the net

 

 

HB5823- 160 -LRB103 40434 AWJ 72767 b

1revenue, before the deduction of the serviceman and retailer
2discounts pursuant to Section 9 of the Service Occupation Tax
3Act and Section 3 of the Retailers' Occupation Tax Act,
4realized from any tax imposed by the Authority pursuant to
5Sections 6.02 and 6.03 and certified by the Department of
6Revenue under subsection (cc) of Section 6.02 to be paid to the
7Authority and 5% of the amounts deposited into the
8Metropolitan Mobility Authority Occupation and Use Tax
9Replacement Fund created by subsection (cc) of Section 6.02
10from the County and Mass Transit District Fund as provided in
11Section 6z-20 of the State Finance Act, and 5% of the amounts
12deposited into the Metropolitan Mobility Authority Occupation
13and Use Tax Replacement Fund from the State and Local Sales Tax
14Reform Fund as provided in Section 6z-17 of the State Finance
15Act, and 5% of the revenue realized by the Authority as
16financial assistance from the City of Chicago from the
17proceeds of any tax imposed by the City of Chicago under
18Section 8-3-19 of the Illinois Municipal Code.
19    (d) Notwithstanding any provision of law to the contrary,
20those amounts required under subsection (e) to be transferred
21by the Treasurer into the Public Transportation Fund from the
22General Revenue Fund shall be directly deposited into the
23Public Transportation Fund as the revenues are realized from
24the taxes indicated.
25    (e) Except as otherwise provided in subsection (g), as
26soon as possible after the first day of each month, upon

 

 

HB5823- 161 -LRB103 40434 AWJ 72767 b

1certification of the Department of Revenue with respect to the
2taxes collected under Section 6.02, the Comptroller shall
3order transferred and the Treasurer shall transfer from the
4General Revenue Fund to the Public Transportation Fund an
5amount equal to 25% of the net revenue, before the deduction of
6the serviceman and retailer discounts pursuant to Section 9 of
7the Service Occupation Tax Act and Section 3 of the Retailers'
8Occupation Tax Act, realized from (i) 20% of the proceeds of
9any tax imposed by the Authority at a rate of 1.25% in Cook
10County, (ii) 25% of the proceeds of any tax imposed by the
11Authority at the rate of 1% in Cook County, and (iii) one-third
12of the proceeds of any tax imposed by the Authority at the rate
13of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and
14Will, all pursuant to Section 6.02, and the Comptroller shall
15order transferred and the Treasurer shall transfer from the
16General Revenue Fund to the Public Transportation Fund (iv) an
17amount equal to 25% of the revenue realized by the Authority as
18financial assistance from the City of Chicago from the
19proceeds of any tax imposed by the City of Chicago under
20Section 8-3-19 of the Illinois Municipal Code.
21    (f) Notwithstanding any provision of law to the contrary,
22those amounts required under subsection (e) to be transferred
23by the Treasurer into the Public Transportation Fund from the
24General Revenue Fund shall be directly deposited into the
25Public Transportation Fund as the revenues are realized from
26the taxes indicated

 

 

HB5823- 162 -LRB103 40434 AWJ 72767 b

1    (g) Notwithstanding any provision of law to the contrary,
2of the transfers to be made under subsections (a), (c), and (e)
3from the General Revenue Fund to the Public Transportation
4Fund, the first $150,000,000 that would have otherwise been
5transferred from the General Revenue Fund shall be transferred
6from the Road Fund. The remaining balance of such transfers
7shall be made from the General Revenue Fund.
8    (h) All moneys deposited into the Public Transportation
9Fund and the Metropolitan Mobility Authority Occupation and
10Use Tax Replacement Fund, whether deposited pursuant to this
11Section or otherwise, are allocated to the Authority, except
12for amounts appropriated to the Office of the Executive
13Inspector General under subsection (a) of Section 5.14 and
14amounts transferred to the Audit Expense Fund pursuant to
15Section 6z-27 of the State Finance Act. The Comptroller, as
16soon as possible after each monthly transfer provided in this
17Section and after each deposit into the Public Transportation
18Fund, shall order the Treasurer to pay to the Authority out of
19the Public Transportation Fund the amount so transferred or
20deposited. Any additional state assistance and additional
21financial assistance paid to the Authority under this Section
22shall be expended by the Authority for its purposes as
23provided in this Act. The balance of the amounts paid to the
24Authority from the Public Transportation Fund shall be
25expended by the Authority as provided in Section 6.04. The
26Comptroller, as soon as possible after each deposit into the

 

 

HB5823- 163 -LRB103 40434 AWJ 72767 b

1Metropolitan Mobility Authority Occupation and Use Tax
2Replacement Fund provided in this Section and Section 6z-17 of
3the State Finance Act, shall order the Treasurer to pay to the
4Authority out of the Metropolitan Mobility Authority
5Occupation and Use Tax Replacement Fund the amount so
6deposited. Such amounts paid to the Authority may be expended
7by it for its purposes as provided in this Act. The provisions
8directing the distributions from the Public Transportation
9Fund and the Metropolitan Mobility Authority Occupation and
10Use Tax Replacement Fund provided for in this Section shall
11constitute an irrevocable and continuing appropriation of all
12amounts as provided herein. The State Treasurer and State
13Comptroller are authorized and directed to make distributions
14as provided in this Section. However, no moneys deposited
15under subsection (a) shall be paid from the Public
16Transportation Fund to the Authority or its assignee for any
17fiscal year until the Authority has certified to the Governor,
18the Comptroller, and the Mayor of the City of Chicago that it
19has adopted for that fiscal year an Annual Budget and Two-Year
20Financial Plan meeting the requirements in Section 5.12.
21    (i) In recognition of the efforts of the Authority to
22enhance the mass transportation facilities under its control,
23the State shall provide financial assistance (hereinafter
24"additional state assistance"). Additional state assistance
25shall be calculated as provided in subsection (k), but may not
26exceed $55,000,000.

 

 

HB5823- 164 -LRB103 40434 AWJ 72767 b

1    (j) The State shall provide financial assistance
2(hereinafter "additional financial assistance") in addition to
3the additional state assistance provided by subsection (i) and
4the amounts transferred to the Authority under subsection (a).
5Additional financial assistance provided by this subsection
6shall be calculated as provided in subsection (k), but may not
7exceed $100,000,000.
8    (k) The Authority shall annually certify to the State
9Comptroller and State Treasurer, separately with respect to
10each of paragraphs (2) and (3) of subsection (g) of Section
114.04 of the Regional Transportation Act (repealed), the
12following amounts:
13        (1) The amount necessary and required, during the
14    State fiscal year with respect to which the certification
15    is made, to pay its obligations for debt service on all
16    outstanding bonds or notes issued by the Authority or
17    under paragraphs (2) and (3) of subsection (g) of Section
18    4.04 of the Regional Transportation Authority Act
19    (repealed).
20        (2) An estimate of the amount necessary and required
21    to pay its obligations for debt service for any bonds or
22    notes which the Authority anticipates it will issue under
23    paragraphs (2) and (3) of subsection (g) of Section 4.04
24    of the Regional Transportation Authority Act (repealed)
25    during that State fiscal year.
26        (3) Its debt service savings during the preceding

 

 

HB5823- 165 -LRB103 40434 AWJ 72767 b

1    State fiscal year from refunding or advance refunding of
2    bonds or notes issued under paragraphs (2) and (3) of
3    subsection (g) of Section 4.04 of the Regional
4    Transportation Authority Act (repealed) during that State
5    fiscal year.
6        (4) The amount of interest, if any, earned by the
7    Authority during the previous State fiscal year on the
8    proceeds of bonds or notes issued pursuant to paragraphs
9    (2) and (3) of subsection (g) of Section 4.04 of the
10    Regional Transportation Authority Act (repealed), other
11    than refunding or advance refunding bonds or notes.
12    (l) The certification under subsection (k) shall include a
13specific schedule of debt service payments, including the date
14and amount of each payment for all outstanding bonds or notes
15and an estimated schedule of anticipated debt service for all
16bonds and notes it intends to issue, if any, during that State
17fiscal year, including the estimated date and estimated amount
18of each payment.
19    (m) Immediately upon the issuance of bonds for which an
20estimated schedule of debt service payments was prepared, the
21Authority shall file an amended certification with respect to
22paragraph (2) of subsection (k) to specify the actual schedule
23of debt service payments, including the date and amount of
24each payment, for the remainder of the State fiscal year.
25    (n) On the first day of each month of the State fiscal year
26in which there are bonds outstanding with respect to which the

 

 

HB5823- 166 -LRB103 40434 AWJ 72767 b

1certification is made, the State Comptroller shall order
2transferred and the State Treasurer shall transfer from the
3Road Fund to the Public Transportation Fund the additional
4state assistance and additional financial assistance in an
5amount equal to the aggregate of (i) one-twelfth of the sum of
6the amounts certified under paragraphs (1) and (3) of
7subsection (k) less the amount certified under paragraph (4)
8of subsection (k), plus (ii) the amount required to pay debt
9service on bonds and notes issued during the fiscal year, if
10any, divided by the number of months remaining in the fiscal
11year after the date of issuance, or some smaller portion as may
12be necessary under subsection (i) or (j) for the relevant
13State fiscal year, plus (iii) any cumulative deficiencies in
14transfers for prior months, until an amount equal to the sum of
15the amounts certified under subsections (a) and (e), plus the
16actual debt service certified under subsection (c), less the
17amount certified under subsection (k), has been transferred;
18except that these transfers are subject to the following
19limits:
20        (1) The total transfers in any State fiscal year
21    relating to outstanding bonds and notes issued by the
22    Authority or under paragraph (2) of subsection (g) of
23    Section 4.04 of the Regional Transportation Authority Act
24    (repealed) may not exceed the lesser of the annual maximum
25    amount specified in subsection (e) or the sum of the
26    amounts certified under subsections (a) and (e), plus the

 

 

HB5823- 167 -LRB103 40434 AWJ 72767 b

1    actual debt service certified under subsection (c), less
2    the amount certified under subsection (k), with respect to
3    those bonds and notes.
4        (2) The total transfers in any State fiscal year
5    relating to outstanding bonds and notes issued by the
6    Authority under paragraph (3) of subsection (g) of Section
7    4.04 of the Regional Transportation Authority Act
8    (repealed) may not exceed the lesser of the annual maximum
9    amount specified in subsection (j) or the sum of the
10    amounts certified under subsections (a) and (c), plus the
11    actual debt service certified under subsection (b), less
12    the amount certified under subsection (k), with respect to
13    those bonds and notes.
14    (o) As used in this Section, "outstanding" does not
15include bonds or notes for which refunding or advance
16refunding bonds or notes have been issued.
17    (p) Neither additional state assistance nor additional
18financial assistance may be pledged, either directly or
19indirectly, as general revenues of the Authority or as
20security for any bonds issued by the Authority. The Authority
21may not assign its right to receive additional state
22assistance or additional financial assistance, or direct
23payment of additional state assistance or additional financial
24assistance, to a trustee or any other entity for the payment of
25debt service on its bonds.
26    (q) The certification required under subsection (k) with

 

 

HB5823- 168 -LRB103 40434 AWJ 72767 b

1respect to outstanding bonds and notes of the Authority shall
2be filed as early as practicable before the beginning of the
3State fiscal year to which it relates. The certification shall
4be revised as may be necessary to accurately state the debt
5service requirements of the Authority.
 
6    Section 6.09. Strategic Capital Improvement Program.
7    (a) This Section and the Annual Capital Improvement Plan
8created in Section 5.10 shall together be known as the
9Strategic Capital Improvement Program. The Strategic Capital
10Improvement Program shall enhance the ability of the Authority
11to acquire, repair, or replace public transportation
12facilities in the metropolitan region and shall be financed
13through the issuance of bonds or notes authorized for
14Strategic Capital Improvement Projects under Section 6.05. The
15Program is intended as a supplement to the ongoing capital
16development activities of the Authority financed with grants,
17loans, and other moneys made available by the federal
18government or the State of Illinois. The Authority shall
19continue to seek, receive, and expend all available grants,
20loans and other moneys.
21    (b) Any contracts for architectural or engineering
22services for projects approved pursuant to Section 5.10 shall
23comply with the requirements set forth in the Local Government
24Professional Services Selection Act.
 

 

 

HB5823- 169 -LRB103 40434 AWJ 72767 b

1    Section 6.10. Rate protection contracts.
2    (a) As used in this Section, "rate protection contracts"
3means interest rate price exchange agreements; currency
4exchange agreements; forward payment conversion agreements;
5contracts providing for payment or receipt of funds based on
6levels of, or changes in, interest rates, currency exchange
7rates, stock or other indices; contracts to exchange cash
8flows or a series of payments; contracts, including, without
9limitation, interest rate caps; interest rate floor; interest
10rate locks; interest rate collars; rate of return guarantees
11or assurances, to manage payment, currency, rate, spread or
12similar exposure; the obligation, right, or option to issue,
13put, lend, sell, grant a security interest in, buy, borrow or
14otherwise acquire, a bond, note or other security or interest
15therein as an investment, as collateral, as a hedge, or
16otherwise as a source or assurance of payment to or by the
17Authority or as a reduction of the Authority's or an obligor's
18risk exposure; repurchase agreements; securities lending
19agreements; and other similar agreements or arrangements.
20    (b) Notwithstanding any provision in paragraph (2) of
21Section 4.02 to the contrary, in connection with or incidental
22to the issuance by the Authority of its bonds or notes under
23the provisions of Section 6.05 or the exercise of its powers
24under paragraph (2) of Section 4.02, the Authority, for its
25own benefit or for the benefit of the holders of its
26obligations or their trustee, may enter into rate protection

 

 

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1contracts. The Authority may enter into rate protection
2contracts only pursuant to a determination by the Directors
3that the terms of the contracts and any related agreements
4reduce the risk of loss to the Authority, or protect, preserve
5or enhance the value of its assets, or provide compensation to
6the Authority for losses resulting from changes in interest
7rates. The Authority's obligations under any rate protection
8contract or credit enhancement or liquidity agreement shall
9not be considered bonds or notes for purposes of this Act. For
10purposes of this Section, a rate protection contract is a
11contract determined by the Authority as necessary or
12appropriate to permit it to manage payment, currency, or
13interest rate risks or levels.
 
14    Section 6.11. Metropolitan Mobility Authority Additional
15Operating Funding Fund. There is created the Metropolitan
16Mobility Authority Additional Operating Funding Fund, a
17special fund that is created in the State treasury, and,
18subject to appropriation and as directed by the Board, moneys
19in the Fund may be expended for any purpose allowed under this
20Act.
 
21    Section 6.12. Nature of funds. The funds described in this
22Act and the Equitable Transit-Supportive Development Act
23generated from transportation sources and deposited into those
24funds are protected under Section 11 of Article IX of the

 

 

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1Illinois Constitution and the uses of the funds allowed under
2these Acts are deemed transportation purposes under Section 11
3of Article IX and may not, by transfer, offset, or otherwise,
4be diverted by any local government, including, without
5limitation, any home rule unit of government, to any purpose
6other than public transportation purposes. This Section is
7declarative of existing law.
 
8
Article VII. OFFICE OF TRANSIT-ORIENTED DEVELOPMENT

 
9    Section 7.01. Short title; intent.
10    (a) This Article VII may be cited as the Equitable
11Transit-Supportive Development Act. References to "this Act"
12in this Article VII mean this Article VII.
13    (b) It is the intent of the General Assembly in enacting
14this Act to (1) strengthen connections among people, places,
15and transit, (2) establish a virtuous cycle of increasing
16residential units and employment near transit that supports
17increased transit service, which then makes nearby property
18more attractive for development, (3) support increased housing
19opportunities and other infill development in transit-served
20locations, (4) enhance the resilience of Illinois' transit
21assets and leverage the value of transit to property owners
22and tenants, and (5) increase transit availability and
23ridership to achieve quality of life, economic development,
24and sustainability objectives.
 

 

 

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1    Section 7.02. Definitions. As used in this Act:
2    "Affordable housing" means long-term income-restricted
3housing units for households whose adjusted income is at or
4below 60% of the metropolitan area median income, adjusted for
5household size, for the transit agency service area in which
6the housing units are to be built.
7    "Near high-quality transit" in the metropolitan region, as
8defined in the Metropolitan Mobility Authority Act, refers to
9parcels located within one-half mile of a rail transit station
10or within one-eighth mile of a bus stop with headways of no
11more than 15 minutes for at least 14 hours per day. The Office
12may define "near high-quality transit" differently elsewhere
13in the State.
14    "Office" means the Office of Transit-Oriented Development.
15    "Workforce housing" means long-term income-restricted
16housing units for households whose adjusted income is at or
17below 120% and above 60% of the metropolitan area, as that term
18is defined in the Metropolitan Mobility Authority Act, median
19income, adjusted for household size.
 
20    Section 7.03. Establishment of the Office of
21Transit-Oriented Development and Transit-Supportive
22Development Fund.
23    (a) There is established the Office of Transit-Oriented
24Development and the Transit-Supportive Development Fund, a

 

 

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1special fund that is created in the State treasury, and,
2subject to appropriation and as directed by the Office, may be
3expended as provided in this Act.
4    (b) Amounts on deposit in the Fund and interest and other
5earnings on those amounts may be used by the Office to aid
6transit-supportive development near high-quality transit as
7provided in this Act.
8    (c) Eligible uses of the Fund include, but are not limited
9to, conversion of nonresidential uses to residential use,
10redevelopment of underused parking lots, provision of
11affordable housing and workforce housing, mixed-use
12development, and joint development with a transit agency on
13agency-owned property.
14    (d) In using moneys from the Fund, the Office shall
15prioritize projects that leverage other funding sources and
16promote equitable access to housing and jobs in transit-served
17locations. To qualify for financial support from the Office,
18local jurisdictions must identify opportunity sites with site
19control or documented concurrence from property owners,
20subject to specific standards to be defined by the Office, to
21support these eligible uses:
22        (1) funding offered by the Office for predevelopment
23    work, including, but not limited to, site acquisition,
24    parcel assembly, environmental remediation, and utility
25    and supporting infrastructure installation, directly or
26    through grants and partnerships with other public or

 

 

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1    private organizations;
2        (2) loans offered by the Office to provide financing
3    for construction in support of eligible development
4    projects; or
5        (3) technical assistance offered by the Office to
6    transit agencies, local jurisdictions with land use
7    authority, property owners, and developers to help best
8    accommodate transit-supportive development in areas near
9    high-quality transit. As used in this paragraph,
10    "technical assistance" includes, but is not limited to:
11    interagency expertise; development strategy and planning
12    assistance; market or value capture assessments; and
13    assistance with solicitations, ground leases, or revolving
14    funds; professional services, including, but not limited
15    to, marketing, financial analysis, design, engineering,
16    and land surveying.
17    (e) The Office and the State's metropolitan planning
18organizations may partner to carry out this Act, including the
19Office providing operating funding to metropolitan planning
20organizations for personnel with expertise in
21transit-supportive development in accordance with this Act.
 
22    Section 7.04. Transit support overlay districts.
23    (a) The metropolitan planning organization for each
24municipality seeking eligibility for assistance by the Office
25shall develop standards for a transit support overlay district

 

 

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1for that urban area, which may include, but are not limited to,
2transit-supportive allowable uses and densities, restriction
3of auto-oriented uses, removal of parking requirements, site
4planning standards that support walkability, sidewalk network
5connectivity and local funding commitments for sidewalks in
6compliance with the requirements of the Americans with
7Disabilities Act of 1990, as amended, and streetscape features
8that encourage transit use.
9    (b) Assistance by the Office shall be exclusively for
10projects in municipalities that have adopted the standards in
11the transit support overlay district for that area or that
12have adopted zoning and other changes that the Office
13determines have benefits greater than or equal to such a
14District.
 
15    Section 7.05. Standards and annual reporting. The Office
16shall develop standards and procedures necessary to implement
17this Act and shall annually publish a comprehensive annual
18report that describes its transactions, holdings, and
19financial position.
 
20    Section 7.06. Report to General Assembly. By no later than
212 years after the effective date of this Act, the Office shall
22submit to the General Assembly a comprehensive study of State
23programs for affordable housing, economic development, and
24other capital investments to determine how the criteria for

 

 

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1investment under those programs can be aligned to support
2transit and transit-oriented development. The study shall also
3identify opportunities to bundle or streamline access to other
4State investments with the assistance provided by the Office.
5The Illinois Housing Development Authority, Illinois Finance
6Authority, Department of Commerce and Economic Opportunity,
7Capital Development Board, and other relevant departments of
8the State shall cooperate to provide any needed information to
9complete the study and shall implement the recommendations of
10the study.
 
11
Article VIII. MISCELLANEOUS

 
12    Section 8.01. The Open Meetings Act is amended by changing
13Section 2 as follows:
 
14    (5 ILCS 120/2)  (from Ch. 102, par. 42)
15    Sec. 2. Open meetings.
16    (a) Openness required. All meetings of public bodies shall
17be open to the public unless excepted in subsection (c) and
18closed in accordance with Section 2a.
19    (b) Construction of exceptions. The exceptions contained
20in subsection (c) are in derogation of the requirement that
21public bodies meet in the open, and therefore, the exceptions
22are to be strictly construed, extending only to subjects
23clearly within their scope. The exceptions authorize but do

 

 

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1not require the holding of a closed meeting to discuss a
2subject included within an enumerated exception.
3    (c) Exceptions. A public body may hold closed meetings to
4consider the following subjects:
5        (1) The appointment, employment, compensation,
6    discipline, performance, or dismissal of specific
7    employees, specific individuals who serve as independent
8    contractors in a park, recreational, or educational
9    setting, or specific volunteers of the public body or
10    legal counsel for the public body, including hearing
11    testimony on a complaint lodged against an employee, a
12    specific individual who serves as an independent
13    contractor in a park, recreational, or educational
14    setting, or a volunteer of the public body or against
15    legal counsel for the public body to determine its
16    validity. However, a meeting to consider an increase in
17    compensation to a specific employee of a public body that
18    is subject to the Local Government Wage Increase
19    Transparency Act may not be closed and shall be open to the
20    public and posted and held in accordance with this Act.
21        (2) Collective negotiating matters between the public
22    body and its employees or their representatives, or
23    deliberations concerning salary schedules for one or more
24    classes of employees.
25        (3) The selection of a person to fill a public office,
26    as defined in this Act, including a vacancy in a public

 

 

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1    office, when the public body is given power to appoint
2    under law or ordinance, or the discipline, performance or
3    removal of the occupant of a public office, when the
4    public body is given power to remove the occupant under
5    law or ordinance.
6        (4) Evidence or testimony presented in open hearing,
7    or in closed hearing where specifically authorized by law,
8    to a quasi-adjudicative body, as defined in this Act,
9    provided that the body prepares and makes available for
10    public inspection a written decision setting forth its
11    determinative reasoning.
12        (4.5) Evidence or testimony presented to a school
13    board regarding denial of admission to school events or
14    property pursuant to Section 24-24 of the School Code,
15    provided that the school board prepares and makes
16    available for public inspection a written decision setting
17    forth its determinative reasoning.
18        (5) The purchase or lease of real property for the use
19    of the public body, including meetings held for the
20    purpose of discussing whether a particular parcel should
21    be acquired.
22        (6) The setting of a price for sale or lease of
23    property owned by the public body.
24        (7) The sale or purchase of securities, investments,
25    or investment contracts. This exception shall not apply to
26    the investment of assets or income of funds deposited into

 

 

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1    the Illinois Prepaid Tuition Trust Fund.
2        (8) Security procedures, school building safety and
3    security, and the use of personnel and equipment to
4    respond to an actual, a threatened, or a reasonably
5    potential danger to the safety of employees, students,
6    staff, the public, or public property.
7        (9) Student disciplinary cases.
8        (10) The placement of individual students in special
9    education programs and other matters relating to
10    individual students.
11        (11) Litigation, when an action against, affecting or
12    on behalf of the particular public body has been filed and
13    is pending before a court or administrative tribunal, or
14    when the public body finds that an action is probable or
15    imminent, in which case the basis for the finding shall be
16    recorded and entered into the minutes of the closed
17    meeting.
18        (12) The establishment of reserves or settlement of
19    claims as provided in the Local Governmental and
20    Governmental Employees Tort Immunity Act, if otherwise the
21    disposition of a claim or potential claim might be
22    prejudiced, or the review or discussion of claims, loss or
23    risk management information, records, data, advice or
24    communications from or with respect to any insurer of the
25    public body or any intergovernmental risk management
26    association or self insurance pool of which the public

 

 

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1    body is a member.
2        (13) Conciliation of complaints of discrimination in
3    the sale or rental of housing, when closed meetings are
4    authorized by the law or ordinance prescribing fair
5    housing practices and creating a commission or
6    administrative agency for their enforcement.
7        (14) Informant sources, the hiring or assignment of
8    undercover personnel or equipment, or ongoing, prior or
9    future criminal investigations, when discussed by a public
10    body with criminal investigatory responsibilities.
11        (15) Professional ethics or performance when
12    considered by an advisory body appointed to advise a
13    licensing or regulatory agency on matters germane to the
14    advisory body's field of competence.
15        (16) Self evaluation, practices and procedures or
16    professional ethics, when meeting with a representative of
17    a statewide association of which the public body is a
18    member.
19        (17) The recruitment, credentialing, discipline or
20    formal peer review of physicians or other health care
21    professionals, or for the discussion of matters protected
22    under the federal Patient Safety and Quality Improvement
23    Act of 2005, and the regulations promulgated thereunder,
24    including 42 CFR C.F.R. Part 3 (73 FR 70732), or the
25    federal Health Insurance Portability and Accountability
26    Act of 1996, and the regulations promulgated thereunder,

 

 

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1    including 45 CFR C.F.R. Parts 160, 162, and 164, by a
2    hospital, or other institution providing medical care,
3    that is operated by the public body.
4        (18) Deliberations for decisions of the Prisoner
5    Review Board.
6        (19) Review or discussion of applications received
7    under the Experimental Organ Transplantation Procedures
8    Act.
9        (20) The classification and discussion of matters
10    classified as confidential or continued confidential by
11    the State Government Suggestion Award Board.
12        (21) Discussion of minutes of meetings lawfully closed
13    under this Act, whether for purposes of approval by the
14    body of the minutes or semi-annual review of the minutes
15    as mandated by Section 2.06.
16        (22) Deliberations for decisions of the State
17    Emergency Medical Services Disciplinary Review Board.
18        (23) The operation by a municipality of a municipal
19    utility or the operation of a municipal power agency or
20    municipal natural gas agency when the discussion involves
21    (i) contracts relating to the purchase, sale, or delivery
22    of electricity or natural gas or (ii) the results or
23    conclusions of load forecast studies.
24        (24) Meetings of a residential health care facility
25    resident sexual assault and death review team or the
26    Executive Council under the Abuse Prevention Review Team

 

 

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1    Act.
2        (25) Meetings of an independent team of experts under
3    Brian's Law.
4        (26) Meetings of a mortality review team appointed
5    under the Department of Juvenile Justice Mortality Review
6    Team Act.
7        (27) (Blank).
8        (28) Correspondence and records (i) that may not be
9    disclosed under Section 11-9 of the Illinois Public Aid
10    Code or (ii) that pertain to appeals under Section 11-8 of
11    the Illinois Public Aid Code.
12        (29) Meetings between internal or external auditors
13    and governmental audit committees, finance committees, and
14    their equivalents, when the discussion involves internal
15    control weaknesses, identification of potential fraud risk
16    areas, known or suspected frauds, and fraud interviews
17    conducted in accordance with generally accepted auditing
18    standards of the United States of America.
19        (30) Those meetings or portions of meetings of a
20    fatality review team or the Illinois Fatality Review Team
21    Advisory Council during which a review of the death of an
22    eligible adult in which abuse or neglect is suspected,
23    alleged, or substantiated is conducted pursuant to Section
24    15 of the Adult Protective Services Act.
25        (31) Meetings and deliberations for decisions of the
26    Concealed Carry Licensing Review Board under the Firearm

 

 

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1    Concealed Carry Act.
2        (32) (Blank). Meetings between the Regional
3    Transportation Authority Board and its Service Boards when
4    the discussion involves review by the Regional
5    Transportation Authority Board of employment contracts
6    under Section 28d of the Metropolitan Transit Authority
7    Act and Sections 3A.18 and 3B.26 of the Regional
8    Transportation Authority Act.
9        (33) Those meetings or portions of meetings of the
10    advisory committee and peer review subcommittee created
11    under Section 320 of the Illinois Controlled Substances
12    Act during which specific controlled substance prescriber,
13    dispenser, or patient information is discussed.
14        (34) Meetings of the Tax Increment Financing Reform
15    Task Force under Section 2505-800 of the Department of
16    Revenue Law of the Civil Administrative Code of Illinois.
17        (35) Meetings of the group established to discuss
18    Medicaid capitation rates under Section 5-30.8 of the
19    Illinois Public Aid Code.
20        (36) Those deliberations or portions of deliberations
21    for decisions of the Illinois Gaming Board in which there
22    is discussed any of the following: (i) personal,
23    commercial, financial, or other information obtained from
24    any source that is privileged, proprietary, confidential,
25    or a trade secret; or (ii) information specifically
26    exempted from the disclosure by federal or State law.

 

 

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1        (37) Deliberations for decisions of the Illinois Law
2    Enforcement Training Standards Board, the Certification
3    Review Panel, and the Illinois State Police Merit Board
4    regarding certification and decertification.
5        (38) Meetings of the Ad Hoc Statewide Domestic
6    Violence Fatality Review Committee of the Illinois
7    Criminal Justice Information Authority Board that occur in
8    closed executive session under subsection (d) of Section
9    35 of the Domestic Violence Fatality Review Act.
10        (39) Meetings of the regional review teams under
11    subsection (a) of Section 75 of the Domestic Violence
12    Fatality Review Act.
13        (40) Meetings of the Firearm Owner's Identification
14    Card Review Board under Section 10 of the Firearm Owners
15    Identification Card Act.
16    (d) Definitions. For purposes of this Section:
17    "Employee" means a person employed by a public body whose
18relationship with the public body constitutes an
19employer-employee relationship under the usual common law
20rules, and who is not an independent contractor.
21    "Public office" means a position created by or under the
22Constitution or laws of this State, the occupant of which is
23charged with the exercise of some portion of the sovereign
24power of this State. The term "public office" shall include
25members of the public body, but it shall not include
26organizational positions filled by members thereof, whether

 

 

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1established by law or by a public body itself, that exist to
2assist the body in the conduct of its business.
3    "Quasi-adjudicative body" means an administrative body
4charged by law or ordinance with the responsibility to conduct
5hearings, receive evidence or testimony and make
6determinations based thereon, but does not include local
7electoral boards when such bodies are considering petition
8challenges.
9    (e) Final action. No final action may be taken at a closed
10meeting. Final action shall be preceded by a public recital of
11the nature of the matter being considered and other
12information that will inform the public of the business being
13conducted.
14(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
15102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
167-28-23.)
 
17    Section 8.02. The Freedom of Information Act is amended by
18changing Section 7.5 as follows:
 
19    (5 ILCS 140/7.5)
20    (Text of Section before amendment by P.A. 103-472)
21    Sec. 7.5. Statutory exemptions. To the extent provided for
22by the statutes referenced below, the following shall be
23exempt from inspection and copying:
24        (a) All information determined to be confidential

 

 

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1    under Section 4002 of the Technology Advancement and
2    Development Act.
3        (b) Library circulation and order records identifying
4    library users with specific materials under the Library
5    Records Confidentiality Act.
6        (c) Applications, related documents, and medical
7    records received by the Experimental Organ Transplantation
8    Procedures Board and any and all documents or other
9    records prepared by the Experimental Organ Transplantation
10    Procedures Board or its staff relating to applications it
11    has received.
12        (d) Information and records held by the Department of
13    Public Health and its authorized representatives relating
14    to known or suspected cases of sexually transmissible
15    disease or any information the disclosure of which is
16    restricted under the Illinois Sexually Transmissible
17    Disease Control Act.
18        (e) Information the disclosure of which is exempted
19    under Section 30 of the Radon Industry Licensing Act.
20        (f) Firm performance evaluations under Section 55 of
21    the Architectural, Engineering, and Land Surveying
22    Qualifications Based Selection Act.
23        (g) Information the disclosure of which is restricted
24    and exempted under Section 50 of the Illinois Prepaid
25    Tuition Act.
26        (h) Information the disclosure of which is exempted

 

 

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1    under the State Officials and Employees Ethics Act, and
2    records of any lawfully created State or local inspector
3    general's office that would be exempt if created or
4    obtained by an Executive Inspector General's office under
5    that Act.
6        (i) Information contained in a local emergency energy
7    plan submitted to a municipality in accordance with a
8    local emergency energy plan ordinance that is adopted
9    under Section 11-21.5-5 of the Illinois Municipal Code.
10        (j) Information and data concerning the distribution
11    of surcharge moneys collected and remitted by carriers
12    under the Emergency Telephone System Act.
13        (k) Law enforcement officer identification information
14    or driver identification information compiled by a law
15    enforcement agency or the Department of Transportation
16    under Section 11-212 of the Illinois Vehicle Code.
17        (l) Records and information provided to a residential
18    health care facility resident sexual assault and death
19    review team or the Executive Council under the Abuse
20    Prevention Review Team Act.
21        (m) Information provided to the predatory lending
22    database created pursuant to Article 3 of the Residential
23    Real Property Disclosure Act, except to the extent
24    authorized under that Article.
25        (n) Defense budgets and petitions for certification of
26    compensation and expenses for court appointed trial

 

 

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1    counsel as provided under Sections 10 and 15 of the
2    Capital Crimes Litigation Act (repealed). This subsection
3    (n) shall apply until the conclusion of the trial of the
4    case, even if the prosecution chooses not to pursue the
5    death penalty prior to trial or sentencing.
6        (o) Information that is prohibited from being
7    disclosed under Section 4 of the Illinois Health and
8    Hazardous Substances Registry Act.
9        (p) Security portions of system safety program plans,
10    investigation reports, surveys, schedules, lists, data, or
11    information compiled, collected, or prepared by or for the
12    Department of Transportation under Sections 2705-300 and
13    2705-616 of the Department of Transportation Law of the
14    Civil Administrative Code of Illinois, the Regional
15    Transportation Authority under Section 2.11 of the
16    Regional Transportation Authority Act, or the St. Clair
17    County Transit District under the Bi-State Transit Safety
18    Act (repealed).
19        (q) Information prohibited from being disclosed by the
20    Personnel Record Review Act.
21        (r) Information prohibited from being disclosed by the
22    Illinois School Student Records Act.
23        (s) Information the disclosure of which is restricted
24    under Section 5-108 of the Public Utilities Act.
25        (t) (Blank).
26        (u) Records and information provided to an independent

 

 

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1    team of experts under the Developmental Disability and
2    Mental Health Safety Act (also known as Brian's Law).
3        (v) Names and information of people who have applied
4    for or received Firearm Owner's Identification Cards under
5    the Firearm Owners Identification Card Act or applied for
6    or received a concealed carry license under the Firearm
7    Concealed Carry Act, unless otherwise authorized by the
8    Firearm Concealed Carry Act; and databases under the
9    Firearm Concealed Carry Act, records of the Concealed
10    Carry Licensing Review Board under the Firearm Concealed
11    Carry Act, and law enforcement agency objections under the
12    Firearm Concealed Carry Act.
13        (v-5) Records of the Firearm Owner's Identification
14    Card Review Board that are exempted from disclosure under
15    Section 10 of the Firearm Owners Identification Card Act.
16        (w) Personally identifiable information which is
17    exempted from disclosure under subsection (g) of Section
18    19.1 of the Toll Highway Act.
19        (x) Information which is exempted from disclosure
20    under Section 5-1014.3 of the Counties Code or Section
21    8-11-21 of the Illinois Municipal Code.
22        (y) Confidential information under the Adult
23    Protective Services Act and its predecessor enabling
24    statute, the Elder Abuse and Neglect Act, including
25    information about the identity and administrative finding
26    against any caregiver of a verified and substantiated

 

 

HB5823- 190 -LRB103 40434 AWJ 72767 b

1    decision of abuse, neglect, or financial exploitation of
2    an eligible adult maintained in the Registry established
3    under Section 7.5 of the Adult Protective Services Act.
4        (z) Records and information provided to a fatality
5    review team or the Illinois Fatality Review Team Advisory
6    Council under Section 15 of the Adult Protective Services
7    Act.
8        (aa) Information which is exempted from disclosure
9    under Section 2.37 of the Wildlife Code.
10        (bb) Information which is or was prohibited from
11    disclosure by the Juvenile Court Act of 1987.
12        (cc) Recordings made under the Law Enforcement
13    Officer-Worn Body Camera Act, except to the extent
14    authorized under that Act.
15        (dd) Information that is prohibited from being
16    disclosed under Section 45 of the Condominium and Common
17    Interest Community Ombudsperson Act.
18        (ee) Information that is exempted from disclosure
19    under Section 30.1 of the Pharmacy Practice Act.
20        (ff) Information that is exempted from disclosure
21    under the Revised Uniform Unclaimed Property Act.
22        (gg) Information that is prohibited from being
23    disclosed under Section 7-603.5 of the Illinois Vehicle
24    Code.
25        (hh) Records that are exempt from disclosure under
26    Section 1A-16.7 of the Election Code.

 

 

HB5823- 191 -LRB103 40434 AWJ 72767 b

1        (ii) Information which is exempted from disclosure
2    under Section 2505-800 of the Department of Revenue Law of
3    the Civil Administrative Code of Illinois.
4        (jj) Information and reports that are required to be
5    submitted to the Department of Labor by registering day
6    and temporary labor service agencies but are exempt from
7    disclosure under subsection (a-1) of Section 45 of the Day
8    and Temporary Labor Services Act.
9        (kk) Information prohibited from disclosure under the
10    Seizure and Forfeiture Reporting Act.
11        (ll) Information the disclosure of which is restricted
12    and exempted under Section 5-30.8 of the Illinois Public
13    Aid Code.
14        (mm) Records that are exempt from disclosure under
15    Section 4.2 of the Crime Victims Compensation Act.
16        (nn) Information that is exempt from disclosure under
17    Section 70 of the Higher Education Student Assistance Act.
18        (oo) Communications, notes, records, and reports
19    arising out of a peer support counseling session
20    prohibited from disclosure under the First Responders
21    Suicide Prevention Act.
22        (pp) Names and all identifying information relating to
23    an employee of an emergency services provider or law
24    enforcement agency under the First Responders Suicide
25    Prevention Act.
26        (qq) Information and records held by the Department of

 

 

HB5823- 192 -LRB103 40434 AWJ 72767 b

1    Public Health and its authorized representatives collected
2    under the Reproductive Health Act.
3        (rr) Information that is exempt from disclosure under
4    the Cannabis Regulation and Tax Act.
5        (ss) Data reported by an employer to the Department of
6    Human Rights pursuant to Section 2-108 of the Illinois
7    Human Rights Act.
8        (tt) Recordings made under the Children's Advocacy
9    Center Act, except to the extent authorized under that
10    Act.
11        (uu) Information that is exempt from disclosure under
12    Section 50 of the Sexual Assault Evidence Submission Act.
13        (vv) Information that is exempt from disclosure under
14    subsections (f) and (j) of Section 5-36 of the Illinois
15    Public Aid Code.
16        (ww) Information that is exempt from disclosure under
17    Section 16.8 of the State Treasurer Act.
18        (xx) Information that is exempt from disclosure or
19    information that shall not be made public under the
20    Illinois Insurance Code.
21        (yy) Information prohibited from being disclosed under
22    the Illinois Educational Labor Relations Act.
23        (zz) Information prohibited from being disclosed under
24    the Illinois Public Labor Relations Act.
25        (aaa) Information prohibited from being disclosed
26    under Section 1-167 of the Illinois Pension Code.

 

 

HB5823- 193 -LRB103 40434 AWJ 72767 b

1        (bbb) Information that is prohibited from disclosure
2    by the Illinois Police Training Act and the Illinois State
3    Police Act.
4        (ccc) Records exempt from disclosure under Section
5    2605-304 of the Illinois State Police Law of the Civil
6    Administrative Code of Illinois.
7        (ddd) Information prohibited from being disclosed
8    under Section 35 of the Address Confidentiality for
9    Victims of Domestic Violence, Sexual Assault, Human
10    Trafficking, or Stalking Act.
11        (eee) Information prohibited from being disclosed
12    under subsection (b) of Section 75 of the Domestic
13    Violence Fatality Review Act.
14        (fff) Images from cameras under the Expressway Camera
15    Act. This subsection (fff) is inoperative on and after
16    July 1, 2025.
17        (ggg) Information prohibited from disclosure under
18    paragraph (3) of subsection (a) of Section 14 of the Nurse
19    Agency Licensing Act.
20        (hhh) Information submitted to the Illinois State
21    Police in an affidavit or application for an assault
22    weapon endorsement, assault weapon attachment endorsement,
23    .50 caliber rifle endorsement, or .50 caliber cartridge
24    endorsement under the Firearm Owners Identification Card
25    Act.
26        (iii) Data exempt from disclosure under Section 50 of

 

 

HB5823- 194 -LRB103 40434 AWJ 72767 b

1    the School Safety Drill Act.
2        (jjj) (hhh) Information exempt from disclosure under
3    Section 30 of the Insurance Data Security Law.
4        (kkk) (iii) Confidential business information
5    prohibited from disclosure under Section 45 of the Paint
6    Stewardship Act.
7        (lll) (Reserved).
8        (mmm) (iii) Information prohibited from being
9    disclosed under subsection (e) of Section 1-129 of the
10    Illinois Power Agency Act.
11(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
12102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
138-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
14102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
156-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
16eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
17revised 1-2-24.)
 
18    (Text of Section after amendment by P.A. 103-472)
19    Sec. 7.5. Statutory exemptions. To the extent provided for
20by the statutes referenced below, the following shall be
21exempt from inspection and copying:
22        (a) All information determined to be confidential
23    under Section 4002 of the Technology Advancement and
24    Development Act.
25        (b) Library circulation and order records identifying

 

 

HB5823- 195 -LRB103 40434 AWJ 72767 b

1    library users with specific materials under the Library
2    Records Confidentiality Act.
3        (c) Applications, related documents, and medical
4    records received by the Experimental Organ Transplantation
5    Procedures Board and any and all documents or other
6    records prepared by the Experimental Organ Transplantation
7    Procedures Board or its staff relating to applications it
8    has received.
9        (d) Information and records held by the Department of
10    Public Health and its authorized representatives relating
11    to known or suspected cases of sexually transmissible
12    disease or any information the disclosure of which is
13    restricted under the Illinois Sexually Transmissible
14    Disease Control Act.
15        (e) Information the disclosure of which is exempted
16    under Section 30 of the Radon Industry Licensing Act.
17        (f) Firm performance evaluations under Section 55 of
18    the Architectural, Engineering, and Land Surveying
19    Qualifications Based Selection Act.
20        (g) Information the disclosure of which is restricted
21    and exempted under Section 50 of the Illinois Prepaid
22    Tuition Act.
23        (h) Information the disclosure of which is exempted
24    under the State Officials and Employees Ethics Act, and
25    records of any lawfully created State or local inspector
26    general's office that would be exempt if created or

 

 

HB5823- 196 -LRB103 40434 AWJ 72767 b

1    obtained by an Executive Inspector General's office under
2    that Act.
3        (i) Information contained in a local emergency energy
4    plan submitted to a municipality in accordance with a
5    local emergency energy plan ordinance that is adopted
6    under Section 11-21.5-5 of the Illinois Municipal Code.
7        (j) Information and data concerning the distribution
8    of surcharge moneys collected and remitted by carriers
9    under the Emergency Telephone System Act.
10        (k) Law enforcement officer identification information
11    or driver identification information compiled by a law
12    enforcement agency or the Department of Transportation
13    under Section 11-212 of the Illinois Vehicle Code.
14        (l) Records and information provided to a residential
15    health care facility resident sexual assault and death
16    review team or the Executive Council under the Abuse
17    Prevention Review Team Act.
18        (m) Information provided to the predatory lending
19    database created pursuant to Article 3 of the Residential
20    Real Property Disclosure Act, except to the extent
21    authorized under that Article.
22        (n) Defense budgets and petitions for certification of
23    compensation and expenses for court appointed trial
24    counsel as provided under Sections 10 and 15 of the
25    Capital Crimes Litigation Act (repealed). This subsection
26    (n) shall apply until the conclusion of the trial of the

 

 

HB5823- 197 -LRB103 40434 AWJ 72767 b

1    case, even if the prosecution chooses not to pursue the
2    death penalty prior to trial or sentencing.
3        (o) Information that is prohibited from being
4    disclosed under Section 4 of the Illinois Health and
5    Hazardous Substances Registry Act.
6        (p) Security portions of system safety program plans,
7    investigation reports, surveys, schedules, lists, data, or
8    information compiled, collected, or prepared by or for the
9    Department of Transportation under Sections 2705-300 and
10    2705-616 of the Department of Transportation Law of the
11    Civil Administrative Code of Illinois, the Metropolitan
12    Mobility Regional Transportation Authority under Section
13    4.33 of the Metropolitan Mobility Authority Act 2.11 of
14    the Regional Transportation Authority Act, or the St.
15    Clair County Transit District under the Bi-State Transit
16    Safety Act (repealed).
17        (q) Information prohibited from being disclosed by the
18    Personnel Record Review Act.
19        (r) Information prohibited from being disclosed by the
20    Illinois School Student Records Act.
21        (s) Information the disclosure of which is restricted
22    under Section 5-108 of the Public Utilities Act.
23        (t) (Blank).
24        (u) Records and information provided to an independent
25    team of experts under the Developmental Disability and
26    Mental Health Safety Act (also known as Brian's Law).

 

 

HB5823- 198 -LRB103 40434 AWJ 72767 b

1        (v) Names and information of people who have applied
2    for or received Firearm Owner's Identification Cards under
3    the Firearm Owners Identification Card Act or applied for
4    or received a concealed carry license under the Firearm
5    Concealed Carry Act, unless otherwise authorized by the
6    Firearm Concealed Carry Act; and databases under the
7    Firearm Concealed Carry Act, records of the Concealed
8    Carry Licensing Review Board under the Firearm Concealed
9    Carry Act, and law enforcement agency objections under the
10    Firearm Concealed Carry Act.
11        (v-5) Records of the Firearm Owner's Identification
12    Card Review Board that are exempted from disclosure under
13    Section 10 of the Firearm Owners Identification Card Act.
14        (w) Personally identifiable information which is
15    exempted from disclosure under subsection (g) of Section
16    19.1 of the Toll Highway Act.
17        (x) Information which is exempted from disclosure
18    under Section 5-1014.3 of the Counties Code or Section
19    8-11-21 of the Illinois Municipal Code.
20        (y) Confidential information under the Adult
21    Protective Services Act and its predecessor enabling
22    statute, the Elder Abuse and Neglect Act, including
23    information about the identity and administrative finding
24    against any caregiver of a verified and substantiated
25    decision of abuse, neglect, or financial exploitation of
26    an eligible adult maintained in the Registry established

 

 

HB5823- 199 -LRB103 40434 AWJ 72767 b

1    under Section 7.5 of the Adult Protective Services Act.
2        (z) Records and information provided to a fatality
3    review team or the Illinois Fatality Review Team Advisory
4    Council under Section 15 of the Adult Protective Services
5    Act.
6        (aa) Information which is exempted from disclosure
7    under Section 2.37 of the Wildlife Code.
8        (bb) Information which is or was prohibited from
9    disclosure by the Juvenile Court Act of 1987.
10        (cc) Recordings made under the Law Enforcement
11    Officer-Worn Body Camera Act, except to the extent
12    authorized under that Act.
13        (dd) Information that is prohibited from being
14    disclosed under Section 45 of the Condominium and Common
15    Interest Community Ombudsperson Act.
16        (ee) Information that is exempted from disclosure
17    under Section 30.1 of the Pharmacy Practice Act.
18        (ff) Information that is exempted from disclosure
19    under the Revised Uniform Unclaimed Property Act.
20        (gg) Information that is prohibited from being
21    disclosed under Section 7-603.5 of the Illinois Vehicle
22    Code.
23        (hh) Records that are exempt from disclosure under
24    Section 1A-16.7 of the Election Code.
25        (ii) Information which is exempted from disclosure
26    under Section 2505-800 of the Department of Revenue Law of

 

 

HB5823- 200 -LRB103 40434 AWJ 72767 b

1    the Civil Administrative Code of Illinois.
2        (jj) Information and reports that are required to be
3    submitted to the Department of Labor by registering day
4    and temporary labor service agencies but are exempt from
5    disclosure under subsection (a-1) of Section 45 of the Day
6    and Temporary Labor Services Act.
7        (kk) Information prohibited from disclosure under the
8    Seizure and Forfeiture Reporting Act.
9        (ll) Information the disclosure of which is restricted
10    and exempted under Section 5-30.8 of the Illinois Public
11    Aid Code.
12        (mm) Records that are exempt from disclosure under
13    Section 4.2 of the Crime Victims Compensation Act.
14        (nn) Information that is exempt from disclosure under
15    Section 70 of the Higher Education Student Assistance Act.
16        (oo) Communications, notes, records, and reports
17    arising out of a peer support counseling session
18    prohibited from disclosure under the First Responders
19    Suicide Prevention Act.
20        (pp) Names and all identifying information relating to
21    an employee of an emergency services provider or law
22    enforcement agency under the First Responders Suicide
23    Prevention Act.
24        (qq) Information and records held by the Department of
25    Public Health and its authorized representatives collected
26    under the Reproductive Health Act.

 

 

HB5823- 201 -LRB103 40434 AWJ 72767 b

1        (rr) Information that is exempt from disclosure under
2    the Cannabis Regulation and Tax Act.
3        (ss) Data reported by an employer to the Department of
4    Human Rights pursuant to Section 2-108 of the Illinois
5    Human Rights Act.
6        (tt) Recordings made under the Children's Advocacy
7    Center Act, except to the extent authorized under that
8    Act.
9        (uu) Information that is exempt from disclosure under
10    Section 50 of the Sexual Assault Evidence Submission Act.
11        (vv) Information that is exempt from disclosure under
12    subsections (f) and (j) of Section 5-36 of the Illinois
13    Public Aid Code.
14        (ww) Information that is exempt from disclosure under
15    Section 16.8 of the State Treasurer Act.
16        (xx) Information that is exempt from disclosure or
17    information that shall not be made public under the
18    Illinois Insurance Code.
19        (yy) Information prohibited from being disclosed under
20    the Illinois Educational Labor Relations Act.
21        (zz) Information prohibited from being disclosed under
22    the Illinois Public Labor Relations Act.
23        (aaa) Information prohibited from being disclosed
24    under Section 1-167 of the Illinois Pension Code.
25        (bbb) Information that is prohibited from disclosure
26    by the Illinois Police Training Act and the Illinois State

 

 

HB5823- 202 -LRB103 40434 AWJ 72767 b

1    Police Act.
2        (ccc) Records exempt from disclosure under Section
3    2605-304 of the Illinois State Police Law of the Civil
4    Administrative Code of Illinois.
5        (ddd) Information prohibited from being disclosed
6    under Section 35 of the Address Confidentiality for
7    Victims of Domestic Violence, Sexual Assault, Human
8    Trafficking, or Stalking Act.
9        (eee) Information prohibited from being disclosed
10    under subsection (b) of Section 75 of the Domestic
11    Violence Fatality Review Act.
12        (fff) Images from cameras under the Expressway Camera
13    Act. This subsection (fff) is inoperative on and after
14    July 1, 2025.
15        (ggg) Information prohibited from disclosure under
16    paragraph (3) of subsection (a) of Section 14 of the Nurse
17    Agency Licensing Act.
18        (hhh) Information submitted to the Illinois State
19    Police in an affidavit or application for an assault
20    weapon endorsement, assault weapon attachment endorsement,
21    .50 caliber rifle endorsement, or .50 caliber cartridge
22    endorsement under the Firearm Owners Identification Card
23    Act.
24        (iii) Data exempt from disclosure under Section 50 of
25    the School Safety Drill Act.
26        (jjj) (hhh) Information exempt from disclosure under

 

 

HB5823- 203 -LRB103 40434 AWJ 72767 b

1    Section 30 of the Insurance Data Security Law.
2        (kkk) (iii) Confidential business information
3    prohibited from disclosure under Section 45 of the Paint
4    Stewardship Act.
5        (lll) (iii) Data exempt from disclosure under Section
6    2-3.196 of the School Code.
7        (mmm) (iii) Information prohibited from being
8    disclosed under subsection (e) of Section 1-129 of the
9    Illinois Power Agency Act.
10(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
11102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
128-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
13102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
146-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
15eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
16103-580, eff. 12-8-23; revised 1-2-24.)
 
17    Section 8.03. The Transportation Cooperation Act of 1971
18is amended by changing Section 2 as follows:
 
19    (5 ILCS 225/2)  (from Ch. 111 2/3, par. 602)
20    Sec. 2. For the purposes of this Act:
21    (a) "Railroad passenger service" means any railroad
22passenger service within the State of Illinois, including the
23equipment and facilities used in connection therewith, with
24the exception of the basic system operated by the National

 

 

HB5823- 204 -LRB103 40434 AWJ 72767 b

1Railroad Passenger Corporation pursuant to Title II and
2Section 403(a) of the Federal Rail Passenger Service Act of
31970.
4    (b) "Federal Railroad Corporation" means the National
5Railroad Passenger Corporation established pursuant to an Act
6of Congress known as the "Rail Passenger Service Act of 1970."
7    (c) "Transportation system" means any and all modes of
8public transportation within the State, including, but not
9limited to, transportation of persons or property by rapid
10transit, rail, bus, and aircraft, and all equipment,
11facilities and property, real and personal, used in connection
12therewith.
13    (d) "Carrier" means any corporation, authority,
14partnership, association, person or district authorized to
15maintain a transportation system within the State with the
16exception of the Federal Railroad Corporation.
17    (e) "Units of local government" means cities, villages,
18incorporated towns, counties, municipalities, townships, and
19special districts, including any district created pursuant to
20the "Local Mass Transit District Act", approved July 21, 1959,
21as amended; the Metropolitan Mobility Authority; any Authority
22created pursuant to the "Metropolitan Transit Authority Act",
23approved April 12, 1945, as amended; and, any authority,
24commission, or other entity which by virtue of an interstate
25compact approved by Congress is authorized to provide mass
26transportation.

 

 

HB5823- 205 -LRB103 40434 AWJ 72767 b

1    (f) "Universities" means all public institutions of higher
2education as defined in an "Act creating a Board of Higher
3Education, defining its powers and duties, making an
4appropriation therefor, and repealing an Act herein named",
5approved August 22, 1961, as amended, and all private
6institutions of higher education as defined in the Illinois
7Finance Authority Act.
8    (g) "Department" means the Illinois Department of
9Transportation, or such other department designated by law to
10perform the duties and functions of the Illinois Department of
11Transportation prior to January 1, 1972.
12    (h) "Association" means any Transportation Service
13Association created pursuant to Section 4 of this Act.
14    (i) "Contracting Parties" means any units of local
15government or universities which have associated and joined
16together pursuant to Section 3 of this Act.
17    (j) "Governing authorities" means (1) the city council or
18similar legislative body of a city; (2) the board of trustees
19or similar body of a village or incorporated town; (3) the
20council of a municipality under the commission form of
21municipal government; (4) the board of trustees in a township;
22(5) the Board of Trustees of the University of Illinois, the
23Board of Trustees of Southern Illinois University, the Board
24of Trustees of Chicago State University, the Board of Trustees
25of Eastern Illinois University, the Board of Trustees of
26Governors State University, the Board of Trustees of Illinois

 

 

HB5823- 206 -LRB103 40434 AWJ 72767 b

1State University, the Board of Trustees of Northeastern
2Illinois University, the Board of Trustees of Northern
3Illinois University, the Board of Trustees of Western Illinois
4University, and the Illinois Community College Board; (6) the
5county board of a county; and (7) the trustees, commissioners,
6board members, or directors of a university, special district,
7authority or similar agency.
8(Source: P.A. 93-205, eff. 1-1-04.)
 
9    Section 8.04. The Illinois Public Labor Relations Act is
10amended by changing Sections 5 and 15 as follows:
 
11    (5 ILCS 315/5)  (from Ch. 48, par. 1605)
12    Sec. 5. Illinois Labor Relations Board; State Panel; Local
13Panel.
14    (a) There is created the Illinois Labor Relations Board.
15The Board shall be comprised of 2 panels, to be known as the
16State Panel and the Local Panel.
17    (a-5) The State Panel shall have jurisdiction over
18collective bargaining matters between employee organizations
19and the State of Illinois, excluding the General Assembly of
20the State of Illinois, between employee organizations and
21units of local government and school districts with a
22population not in excess of 2 million persons, and between
23employee organizations and the Metropolitan Mobility Regional
24Transportation Authority.

 

 

HB5823- 207 -LRB103 40434 AWJ 72767 b

1    The State Panel shall consist of 5 members appointed by
2the Governor, with the advice and consent of the Senate. The
3Governor shall appoint to the State Panel only persons who
4have had a minimum of 5 years of experience directly related to
5labor and employment relations in representing public
6employers, private employers or labor organizations; or
7teaching labor or employment relations; or administering
8executive orders or regulations applicable to labor or
9employment relations. At the time of his or her appointment,
10each member of the State Panel shall be an Illinois resident.
11The Governor shall designate one member to serve as the
12Chairman of the State Panel and the Board.
13    Notwithstanding any other provision of this Section, the
14term of each member of the State Panel who was appointed by the
15Governor and is in office on June 30, 2003 shall terminate at
16the close of business on that date or when all of the successor
17members to be appointed pursuant to this amendatory Act of the
1893rd General Assembly have been appointed by the Governor,
19whichever occurs later. As soon as possible, the Governor
20shall appoint persons to fill the vacancies created by this
21amendatory Act.
22    The initial appointments under this amendatory Act of the
2393rd General Assembly shall be for terms as follows: The
24Chairman shall initially be appointed for a term ending on the
254th Monday in January, 2007; 2 members shall be initially
26appointed for terms ending on the 4th Monday in January, 2006;

 

 

HB5823- 208 -LRB103 40434 AWJ 72767 b

1one member shall be initially appointed for a term ending on
2the 4th Monday in January, 2005; and one member shall be
3initially appointed for a term ending on the 4th Monday in
4January, 2004. Each subsequent member shall be appointed for a
5term of 4 years, commencing on the 4th Monday in January. Upon
6expiration of the term of office of any appointive member,
7that member shall continue to serve until a successor shall be
8appointed and qualified. In case of a vacancy, a successor
9shall be appointed to serve for the unexpired portion of the
10term. If the Senate is not in session at the time the initial
11appointments are made, the Governor shall make temporary
12appointments in the same manner successors are appointed to
13fill vacancies. A temporary appointment shall remain in effect
14no longer than 20 calendar days after the commencement of the
15next Senate session.
16    (b) The Local Panel shall have jurisdiction over
17collective bargaining agreement matters between employee
18organizations and units of local government with a population
19in excess of 2 million persons, but excluding the Metropolitan
20Mobility Regional Transportation Authority.
21    The Local Panel shall consist of one person appointed by
22the Governor with the advice and consent of the Senate (or, if
23no such person is appointed, the Chairman of the State Panel)
24and two additional members, one appointed by the Mayor of the
25City of Chicago and one appointed by the President of the Cook
26County Board of Commissioners. Appointees to the Local Panel

 

 

HB5823- 209 -LRB103 40434 AWJ 72767 b

1must have had a minimum of 5 years of experience directly
2related to labor and employment relations in representing
3public employers, private employers or labor organizations; or
4teaching labor or employment relations; or administering
5executive orders or regulations applicable to labor or
6employment relations. Each member of the Local Panel shall be
7an Illinois resident at the time of his or her appointment. The
8member appointed by the Governor (or, if no such person is
9appointed, the Chairman of the State Panel) shall serve as the
10Chairman of the Local Panel.
11    Notwithstanding any other provision of this Section, the
12term of the member of the Local Panel who was appointed by the
13Governor and is in office on June 30, 2003 shall terminate at
14the close of business on that date or when his or her successor
15has been appointed by the Governor, whichever occurs later. As
16soon as possible, the Governor shall appoint a person to fill
17the vacancy created by this amendatory Act. The initial
18appointment under this amendatory Act of the 93rd General
19Assembly shall be for a term ending on the 4th Monday in
20January, 2007.
21    The initial appointments under this amendatory Act of the
2291st General Assembly shall be for terms as follows: The
23member appointed by the Governor shall initially be appointed
24for a term ending on the 4th Monday in January, 2001; the
25member appointed by the President of the Cook County Board
26shall be initially appointed for a term ending on the 4th

 

 

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1Monday in January, 2003; and the member appointed by the Mayor
2of the City of Chicago shall be initially appointed for a term
3ending on the 4th Monday in January, 2004. Each subsequent
4member shall be appointed for a term of 4 years, commencing on
5the 4th Monday in January. Upon expiration of the term of
6office of any appointive member, the member shall continue to
7serve until a successor shall be appointed and qualified. In
8the case of a vacancy, a successor shall be appointed by the
9applicable appointive authority to serve for the unexpired
10portion of the term.
11    (c) Three members of the State Panel shall at all times
12constitute a quorum. Two members of the Local Panel shall at
13all times constitute a quorum. A vacancy on a panel does not
14impair the right of the remaining members to exercise all of
15the powers of that panel. Each panel shall adopt an official
16seal which shall be judicially noticed. The salary of the
17Chairman of the State Panel shall be $82,429 per year, or as
18set by the Compensation Review Board, whichever is greater,
19and that of the other members of the State and Local Panels
20shall be $74,188 per year, or as set by the Compensation Review
21Board, whichever is greater.
22    (d) Each member shall devote his or her entire time to the
23duties of the office, and shall hold no other office or
24position of profit, nor engage in any other business,
25employment, or vocation. No member shall hold any other public
26office or be employed as a labor or management representative

 

 

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1by the State or any political subdivision of the State or of
2any department or agency thereof, or actively represent or act
3on behalf of an employer or an employee organization or an
4employer in labor relations matters. Any member of the State
5Panel may be removed from office by the Governor for
6inefficiency, neglect of duty, misconduct or malfeasance in
7office, and for no other cause, and only upon notice and
8hearing. Any member of the Local Panel may be removed from
9office by the applicable appointive authority for
10inefficiency, neglect of duty, misconduct or malfeasance in
11office, and for no other cause, and only upon notice and
12hearing.
13    (e) Each panel at the end of every State fiscal year shall
14make a report in writing to the Governor and the General
15Assembly, stating in detail the work it has done in hearing and
16deciding cases and otherwise.
17    (f) In order to accomplish the objectives and carry out
18the duties prescribed by this Act, a panel or its authorized
19designees may hold elections to determine whether a labor
20organization has majority status; investigate and attempt to
21resolve or settle charges of unfair labor practices; hold
22hearings in order to carry out its functions; develop and
23effectuate appropriate impasse resolution procedures for
24purposes of resolving labor disputes; require the appearance
25of witnesses and the production of evidence on any matter
26under inquiry; and administer oaths and affirmations. The

 

 

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1panels shall sign and report in full an opinion in every case
2which they decide.
3    (g) Each panel may appoint or employ an executive
4director, attorneys, hearing officers, mediators,
5fact-finders, arbitrators, and such other employees as it may
6deem necessary to perform its functions. The governing boards
7shall prescribe the duties and qualifications of such persons
8appointed and, subject to the annual appropriation, fix their
9compensation and provide for reimbursement of actual and
10necessary expenses incurred in the performance of their
11duties. The Board shall employ a minimum of 16 attorneys and 6
12investigators.
13    (h) Each panel shall exercise general supervision over all
14attorneys which it employs and over the other persons employed
15to provide necessary support services for such attorneys. The
16panels shall have final authority in respect to complaints
17brought pursuant to this Act.
18    (i) The following rules and regulations shall be adopted
19by the panels meeting in joint session: (1) procedural rules
20and regulations which shall govern all Board proceedings; (2)
21procedures for election of exclusive bargaining
22representatives pursuant to Section 9, except for the
23determination of appropriate bargaining units; and (3)
24appointment of counsel pursuant to subsection (k) of this
25Section.
26    (j) Rules and regulations may be adopted, amended or

 

 

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1rescinded only upon a vote of 5 of the members of the State and
2Local Panels meeting in joint session. The adoption, amendment
3or rescission of rules and regulations shall be in conformity
4with the requirements of the Illinois Administrative Procedure
5Act.
6    (k) The panels in joint session shall promulgate rules and
7regulations providing for the appointment of attorneys or
8other Board representatives to represent persons in unfair
9labor practice proceedings before a panel. The regulations
10governing appointment shall require the applicant to
11demonstrate an inability to pay for or inability to otherwise
12provide for adequate representation before a panel. Such rules
13must also provide: (1) that an attorney may not be appointed in
14cases which, in the opinion of a panel, are clearly without
15merit; (2) the stage of the unfair labor proceeding at which
16counsel will be appointed; and (3) the circumstances under
17which a client will be allowed to select counsel.
18    (1) The panels in joint session may promulgate rules and
19regulations which allow parties in proceedings before a panel
20to be represented by counsel or any other representative of
21the party's choice.
22    (m) The Chairman of the State Panel shall serve as
23Chairman of a joint session of the panels. Attendance of at
24least 2 members of the State Panel and at least one member of
25the Local Panel, in addition to the Chairman, shall constitute
26a quorum at a joint session. The panels shall meet in joint

 

 

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1session at least annually.
2(Source: P.A. 96-813, eff. 10-30-09.)
 
3    (5 ILCS 315/15)  (from Ch. 48, par. 1615)
4    (Text of Section WITHOUT the changes made by P.A. 98-599,
5which has been held unconstitutional)
6    Sec. 15. Act Takes Precedence.
7    (a) In case of any conflict between the provisions of this
8Act and any other law (other than Section 5 of the State
9Employees Group Insurance Act of 1971 and other than the
10changes made to the Illinois Pension Code by this amendatory
11Act of the 96th General Assembly), executive order or
12administrative regulation relating to wages, hours and
13conditions of employment and employment relations, the
14provisions of this Act or any collective bargaining agreement
15negotiated thereunder shall prevail and control. Nothing in
16this Act shall be construed to replace or diminish the rights
17of employees established by Sections 4.14 through 4.18 of the
18Metropolitan Mobility Authority Act Sections 28 and 28a of the
19Metropolitan Transit Authority Act, Sections 2.15 through 2.19
20of the Regional Transportation Authority Act. The provisions
21of this Act are subject to Section 5 of the State Employees
22Group Insurance Act of 1971. Nothing in this Act shall be
23construed to replace the necessity of complaints against a
24sworn peace officer, as defined in Section 2(a) of the Uniform
25Peace Officer Disciplinary Act, from having a complaint

 

 

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1supported by a sworn affidavit.
2    (b) Except as provided in subsection (a) above, any
3collective bargaining contract between a public employer and a
4labor organization executed pursuant to this Act shall
5supersede any contrary statutes, charters, ordinances, rules
6or regulations relating to wages, hours and conditions of
7employment and employment relations adopted by the public
8employer or its agents. Any collective bargaining agreement
9entered into prior to the effective date of this Act shall
10remain in full force during its duration.
11    (c) It is the public policy of this State, pursuant to
12paragraphs (h) and (i) of Section 6 of Article VII of the
13Illinois Constitution, that the provisions of this Act are the
14exclusive exercise by the State of powers and functions which
15might otherwise be exercised by home rule units. Such powers
16and functions may not be exercised concurrently, either
17directly or indirectly, by any unit of local government,
18including any home rule unit, except as otherwise authorized
19by this Act.
20(Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11.)
 
21    Section 8.05. The State Employees Group Insurance Act of
221971 is amended by changing Section 2.5 as follows:
 
23    (5 ILCS 375/2.5)
24    Sec. 2.5. Application to Metropolitan Mobility Regional

 

 

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1Transportation Authority Board members. Notwithstanding any
2other provision of this Act to the contrary, this Act does not
3apply to any member of the Regional Transportation Authority
4Board or the Metropolitan Mobility Authority Board who first
5becomes a member of either that Board on or after July 23, 2013
6(the effective date of Public Act 98-108) with respect to
7service of either that Board.
8(Source: P.A. 98-108, eff. 7-23-13; 98-756, eff. 7-16-14.)
 
9    Section 8.06. The State Officials and Employees Ethics Act
10is amended by changing Sections 1-5, 20-5, 20-10, 75-5, and
1175-10 and by changing the heading of Article 75 as follows:
 
12    (5 ILCS 430/1-5)
13    Sec. 1-5. Definitions. As used in this Act:
14    "Appointee" means a person appointed to a position in or
15with a State agency, regardless of whether the position is
16compensated.
17    "Board members of Regional Development Authorities" means
18any person appointed to serve on the governing board of a
19Regional Development Authority.
20    "Board members of the Regional Transit Board Boards" means
21any person appointed to serve on the governing board of the
22Metropolitan Mobility Authority Board a Regional Transit
23Board.
24    "Campaign for elective office" means any activity in

 

 

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1furtherance of an effort to influence the selection,
2nomination, election, or appointment of any individual to any
3federal, State, or local public office or office in a
4political organization, or the selection, nomination, or
5election of Presidential or Vice-Presidential electors, but
6does not include activities (i) relating to the support or
7opposition of any executive, legislative, or administrative
8action (as those terms are defined in Section 2 of the Lobbyist
9Registration Act), (ii) relating to collective bargaining, or
10(iii) that are otherwise in furtherance of the person's
11official State duties.
12    "Candidate" means a person who has filed nominating papers
13or petitions for nomination or election to an elected State
14office, or who has been appointed to fill a vacancy in
15nomination, and who remains eligible for placement on the
16ballot at either a general primary election or general
17election.
18    "Collective bargaining" has the same meaning as that term
19is defined in Section 3 of the Illinois Public Labor Relations
20Act.
21    "Commission" means an ethics commission created by this
22Act.
23    "Compensated time" means any time worked by or credited to
24a State employee that counts toward any minimum work time
25requirement imposed as a condition of employment with a State
26agency, but does not include any designated State holidays or

 

 

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1any period when the employee is on a leave of absence.
2    "Compensatory time off" means authorized time off earned
3by or awarded to a State employee to compensate in whole or in
4part for time worked in excess of the minimum work time
5required of that employee as a condition of employment with a
6State agency.
7    "Contribution" has the same meaning as that term is
8defined in Section 9-1.4 of the Election Code.
9    "Employee" means (i) any person employed full-time,
10part-time, or pursuant to a contract and whose employment
11duties are subject to the direction and control of an employer
12with regard to the material details of how the work is to be
13performed or (ii) any appointed or elected commissioner,
14trustee, director, or board member of a board of a State
15agency, including any retirement system or investment board
16subject to the Illinois Pension Code or (iii) any other
17appointee.
18    "Employment benefits" include but are not limited to the
19following: modified compensation or benefit terms; compensated
20time off; or change of title, job duties, or location of office
21or employment. An employment benefit may also include
22favorable treatment in determining whether to bring any
23disciplinary or similar action or favorable treatment during
24the course of any disciplinary or similar action or other
25performance review.
26    "Executive branch constitutional officer" means the

 

 

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1Governor, Lieutenant Governor, Attorney General, Secretary of
2State, Comptroller, and Treasurer.
3    "Gift" means any gratuity, discount, entertainment,
4hospitality, loan, forbearance, or other tangible or
5intangible item having monetary value including, but not
6limited to, cash, food and drink, and honoraria for speaking
7engagements related to or attributable to government
8employment or the official position of an employee, member, or
9officer. The value of a gift may be further defined by rules
10adopted by the appropriate ethics commission or by the Auditor
11General for the Auditor General and for employees of the
12office of the Auditor General.
13    "Governmental entity" means a unit of local government
14(including a community college district) or a school district
15but not a State agency, a Regional Transit Board, or a Regional
16Development Authority.
17    "Leave of absence" means any period during which a State
18employee does not receive (i) compensation for State
19employment, (ii) service credit towards State pension
20benefits, and (iii) health insurance benefits paid for by the
21State.
22    "Legislative branch constitutional officer" means a member
23of the General Assembly and the Auditor General.
24    "Legislative leader" means the President and Minority
25Leader of the Senate and the Speaker and Minority Leader of the
26House of Representatives.

 

 

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1    "Member" means a member of the General Assembly.
2    "Officer" means an executive branch constitutional officer
3or a legislative branch constitutional officer.
4    "Political" means any activity in support of or in
5connection with any campaign for elective office or any
6political organization, but does not include activities (i)
7relating to the support or opposition of any executive,
8legislative, or administrative action (as those terms are
9defined in Section 2 of the Lobbyist Registration Act), (ii)
10relating to collective bargaining, or (iii) that are otherwise
11in furtherance of the person's official State duties or
12governmental and public service functions.
13    "Political organization" means a party, committee,
14association, fund, or other organization (whether or not
15incorporated) that is required to file a statement of
16organization with the State Board of Elections or a county
17clerk under Section 9-3 of the Election Code, but only with
18regard to those activities that require filing with the State
19Board of Elections or a county clerk.
20    "Prohibited political activity" means:
21        (1) Preparing for, organizing, or participating in any
22    political meeting, political rally, political
23    demonstration, or other political event.
24        (2) Soliciting contributions, including but not
25    limited to the purchase of, selling, distributing, or
26    receiving payment for tickets for any political

 

 

HB5823- 221 -LRB103 40434 AWJ 72767 b

1    fundraiser, political meeting, or other political event.
2        (3) Soliciting, planning the solicitation of, or
3    preparing any document or report regarding any thing of
4    value intended as a campaign contribution.
5        (4) Planning, conducting, or participating in a public
6    opinion poll in connection with a campaign for elective
7    office or on behalf of a political organization for
8    political purposes or for or against any referendum
9    question.
10        (5) Surveying or gathering information from potential
11    or actual voters in an election to determine probable vote
12    outcome in connection with a campaign for elective office
13    or on behalf of a political organization for political
14    purposes or for or against any referendum question.
15        (6) Assisting at the polls on election day on behalf
16    of any political organization or candidate for elective
17    office or for or against any referendum question.
18        (7) Soliciting votes on behalf of a candidate for
19    elective office or a political organization or for or
20    against any referendum question or helping in an effort to
21    get voters to the polls.
22        (8) Initiating for circulation, preparing,
23    circulating, reviewing, or filing any petition on behalf
24    of a candidate for elective office or for or against any
25    referendum question.
26        (9) Making contributions on behalf of any candidate

 

 

HB5823- 222 -LRB103 40434 AWJ 72767 b

1    for elective office in that capacity or in connection with
2    a campaign for elective office.
3        (10) Preparing or reviewing responses to candidate
4    questionnaires in connection with a campaign for elective
5    office or on behalf of a political organization for
6    political purposes.
7        (11) Distributing, preparing for distribution, or
8    mailing campaign literature, campaign signs, or other
9    campaign material on behalf of any candidate for elective
10    office or for or against any referendum question.
11        (12) Campaigning for any elective office or for or
12    against any referendum question.
13        (13) Managing or working on a campaign for elective
14    office or for or against any referendum question.
15        (14) Serving as a delegate, alternate, or proxy to a
16    political party convention.
17        (15) Participating in any recount or challenge to the
18    outcome of any election, except to the extent that under
19    subsection (d) of Section 6 of Article IV of the Illinois
20    Constitution each house of the General Assembly shall
21    judge the elections, returns, and qualifications of its
22    members.
23    "Prohibited source" means any person or entity who:
24        (1) is seeking official action (i) by the member or
25    officer or (ii) in the case of an employee, by the employee
26    or by the member, officer, State agency, or other employee

 

 

HB5823- 223 -LRB103 40434 AWJ 72767 b

1    directing the employee;
2        (2) does business or seeks to do business (i) with the
3    member or officer or (ii) in the case of an employee, with
4    the employee or with the member, officer, State agency, or
5    other employee directing the employee;
6        (3) conducts activities regulated (i) by the member or
7    officer or (ii) in the case of an employee, by the employee
8    or by the member, officer, State agency, or other employee
9    directing the employee;
10        (4) has interests that may be substantially affected
11    by the performance or non-performance of the official
12    duties of the member, officer, or employee;
13        (5) is registered or required to be registered with
14    the Secretary of State under the Lobbyist Registration
15    Act, except that an entity not otherwise a prohibited
16    source does not become a prohibited source merely because
17    a registered lobbyist is one of its members or serves on
18    its board of directors; or
19        (6) is an agent of, a spouse of, or an immediate family
20    member who is living with a "prohibited source".
21    "Regional Development Authority" means the following
22regional development authorities:
23        (1) the Central Illinois Economic Development
24    Authority created by the Central Illinois Economic
25    Development Authority Act;
26        (2) the Eastern Illinois Economic Development

 

 

HB5823- 224 -LRB103 40434 AWJ 72767 b

1    Authority created by the Eastern Illinois Economic
2    Development Authority Act;
3        (3) the Joliet Arsenal Development Authority created
4    by the Joliet Arsenal Development Authority Act;
5        (4) the Quad Cities Regional Economic Development
6    Authority created by Quad Cities Regional Economic
7    Development Authority Act, approved September 22, 1987;
8        (5) the Riverdale Development Authority created by the
9    Riverdale Development Authority Act;
10        (6) the Southeastern Illinois Economic Development
11    Authority created by the Southeastern Illinois Economic
12    Development Authority Act;
13        (7) the Southern Illinois Economic Development
14    Authority created by the Southern Illinois Economic
15    Development Authority Act;
16        (8) the Southwestern Illinois Development Authority
17    created by the Southwestern Illinois Development Authority
18    Act;
19        (9) the Tri-County River Valley Development Authority
20    created by the Tri-County River Valley Development
21    Authority Law;
22        (10) the Upper Illinois River Valley Development
23    Authority created by the Upper Illinois River Valley
24    Development Authority Act;
25        (11) the Illinois Urban Development Authority created
26    by the Illinois Urban Development Authority Act;

 

 

HB5823- 225 -LRB103 40434 AWJ 72767 b

1        (12) the Western Illinois Economic Development
2    Authority created by the Western Illinois Economic
3    Development Authority Act; and
4        (13) the Will-Kankakee Regional Development Authority
5    created by the Will-Kankakee Regional Development
6    Authority Law.
7    "Regional Transit Board Boards" means (i) the Metropolitan
8Mobility Authority Board created by the Metropolitan Mobility
9Authority Act Regional Transportation Authority created by the
10Regional Transportation Authority Act, (ii) the Suburban Bus
11Division created by the Regional Transportation Authority Act,
12(iii) the Commuter Rail Division created by the Regional
13Transportation Authority Act, and (iv) the Chicago Transit
14Authority created by the Metropolitan Transit Authority Act.
15    "State agency" includes all officers, boards, commissions
16and agencies created by the Constitution, whether in the
17executive or legislative branch; all officers, departments,
18boards, commissions, agencies, institutions, authorities,
19public institutions of higher learning as defined in Section 2
20of the Higher Education Cooperation Act (except community
21colleges), and bodies politic and corporate of the State; and
22administrative units or corporate outgrowths of the State
23government which are created by or pursuant to statute, other
24than units of local government (including community college
25districts) and their officers, school districts, and boards of
26election commissioners; and all administrative units and

 

 

HB5823- 226 -LRB103 40434 AWJ 72767 b

1corporate outgrowths of the above and as may be created by
2executive order of the Governor. "State agency" includes the
3General Assembly, the Senate, the House of Representatives,
4the President and Minority Leader of the Senate, the Speaker
5and Minority Leader of the House of Representatives, the
6Senate Operations Commission, and the legislative support
7services agencies. "State agency" includes the Office of the
8Auditor General. "State agency" does not include the judicial
9branch.
10    "State employee" means any employee of a State agency.
11    "Ultimate jurisdictional authority" means the following:
12        (1) For members, legislative partisan staff, and
13    legislative secretaries, the appropriate legislative
14    leader: President of the Senate, Minority Leader of the
15    Senate, Speaker of the House of Representatives, or
16    Minority Leader of the House of Representatives.
17        (2) For State employees who are professional staff or
18    employees of the Senate and not covered under item (1),
19    the Senate Operations Commission.
20        (3) For State employees who are professional staff or
21    employees of the House of Representatives and not covered
22    under item (1), the Speaker of the House of
23    Representatives.
24        (4) For State employees who are employees of the
25    legislative support services agencies, the Joint Committee
26    on Legislative Support Services.

 

 

HB5823- 227 -LRB103 40434 AWJ 72767 b

1        (5) For State employees of the Auditor General, the
2    Auditor General.
3        (6) For State employees of public institutions of
4    higher learning as defined in Section 2 of the Higher
5    Education Cooperation Act (except community colleges), the
6    board of trustees of the appropriate public institution of
7    higher learning.
8        (7) For State employees of an executive branch
9    constitutional officer other than those described in
10    paragraph (6), the appropriate executive branch
11    constitutional officer.
12        (8) For State employees not under the jurisdiction of
13    paragraph (1), (2), (3), (4), (5), (6), or (7), the
14    Governor.
15        (9) (Blank). For employees of Regional Transit Boards,
16    the appropriate Regional Transit Board.
17        (10) For board members of the Regional Transit Board
18    Boards, the Governor.
19        (11) For employees of Regional Development
20    Authorities, the appropriate Regional Development
21    Authority.
22        (12) For board members of Regional Development
23    Authorities, the Governor.
24(Source: P.A. 103-517, eff. 8-11-23.)
 
25    (5 ILCS 430/20-5)

 

 

HB5823- 228 -LRB103 40434 AWJ 72767 b

1    Sec. 20-5. Executive Ethics Commission.
2    (a) The Executive Ethics Commission is created.
3    (b) The Executive Ethics Commission shall consist of 9
4commissioners. The Governor shall appoint 5 commissioners, and
5the Attorney General, Secretary of State, Comptroller, and
6Treasurer shall each appoint one commissioner. Appointments
7shall be made by and with the advice and consent of the Senate
8by three-fifths of the elected members concurring by record
9vote. Any nomination not acted upon by the Senate within 60
10session days of the receipt thereof shall be deemed to have
11received the advice and consent of the Senate. If, during a
12recess of the Senate, there is a vacancy in an office of
13commissioner, the appointing authority shall make a temporary
14appointment until the next meeting of the Senate when the
15appointing authority shall make a nomination to fill that
16office. No person rejected for an office of commissioner
17shall, except by the Senate's request, be nominated again for
18that office at the same session of the Senate or be appointed
19to that office during a recess of that Senate. No more than 5
20commissioners may be of the same political party.
21    The terms of the initial commissioners shall commence upon
22qualification. Four initial appointees of the Governor, as
23designated by the Governor, shall serve terms running through
24June 30, 2007. One initial appointee of the Governor, as
25designated by the Governor, and the initial appointees of the
26Attorney General, Secretary of State, Comptroller, and

 

 

HB5823- 229 -LRB103 40434 AWJ 72767 b

1Treasurer shall serve terms running through June 30, 2008. The
2initial appointments shall be made within 60 days after the
3effective date of this Act.
4    After the initial terms, commissioners shall serve for
54-year terms commencing on July 1 of the year of appointment
6and running through June 30 of the fourth following year.
7Commissioners may be reappointed to one or more subsequent
8terms.
9    Vacancies occurring other than at the end of a term shall
10be filled by the appointing authority only for the balance of
11the term of the commissioner whose office is vacant.
12    Terms shall run regardless of whether the position is
13filled.
14    (c) The appointing authorities shall appoint commissioners
15who have experience holding governmental office or employment
16and shall appoint commissioners from the general public. A
17person is not eligible to serve as a commissioner if that
18person (i) has been convicted of a felony or a crime of
19dishonesty or moral turpitude, (ii) is, or was within the
20preceding 12 months, engaged in activities that require
21registration under the Lobbyist Registration Act, (iii) is
22related to the appointing authority, or (iv) is a State
23officer or employee.
24    (d) The Executive Ethics Commission shall have
25jurisdiction over all officers and employees of State agencies
26other than the General Assembly, the Senate, the House of

 

 

HB5823- 230 -LRB103 40434 AWJ 72767 b

1Representatives, the President and Minority Leader of the
2Senate, the Speaker and Minority Leader of the House of
3Representatives, the Senate Operations Commission, the
4legislative support services agencies, and the Office of the
5Auditor General. The Executive Ethics Commission shall have
6jurisdiction over all board members and employees of the
7Regional Transit Board Boards and all board members and
8employees of Regional Development Authorities. The
9jurisdiction of the Commission is limited to matters arising
10under this Act, except as provided in subsection (d-5).
11    A member or legislative branch State employee serving on
12an executive branch board or commission remains subject to the
13jurisdiction of the Legislative Ethics Commission and is not
14subject to the jurisdiction of the Executive Ethics
15Commission.
16    (d-5) The Executive Ethics Commission shall have
17jurisdiction over all chief procurement officers and
18procurement compliance monitors and their respective staffs.
19The Executive Ethics Commission shall have jurisdiction over
20any matters arising under the Illinois Procurement Code if the
21Commission is given explicit authority in that Code.
22    (d-6) (1) The Executive Ethics Commission shall have
23jurisdiction over the Illinois Power Agency and its staff. The
24Director of the Agency shall be appointed by a majority of the
25commissioners of the Executive Ethics Commission, subject to
26Senate confirmation, for a term of 2 years. The Director is

 

 

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1removable for cause by a majority of the Commission upon a
2finding of neglect, malfeasance, absence, or incompetence.
3    (2) In case of a vacancy in the office of Director of the
4Illinois Power Agency during a recess of the Senate, the
5Executive Ethics Commission may make a temporary appointment
6until the next meeting of the Senate, at which time the
7Executive Ethics Commission shall nominate some person to fill
8the office, and any person so nominated who is confirmed by the
9Senate shall hold office during the remainder of the term and
10until his or her successor is appointed and qualified. Nothing
11in this subsection shall prohibit the Executive Ethics
12Commission from removing a temporary appointee or from
13appointing a temporary appointee as the Director of the
14Illinois Power Agency.
15    (3) Prior to June 1, 2012, the Executive Ethics Commission
16may, until the Director of the Illinois Power Agency is
17appointed and qualified or a temporary appointment is made
18pursuant to paragraph (2) of this subsection, designate some
19person as an acting Director to execute the powers and
20discharge the duties vested by law in that Director. An acting
21Director shall serve no later than 60 calendar days, or upon
22the making of an appointment pursuant to paragraph (1) or (2)
23of this subsection, whichever is earlier. Nothing in this
24subsection shall prohibit the Executive Ethics Commission from
25removing an acting Director or from appointing an acting
26Director as the Director of the Illinois Power Agency.

 

 

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1    (4) No person rejected by the Senate for the office of
2Director of the Illinois Power Agency shall, except at the
3Senate's request, be nominated again for that office at the
4same session or be appointed to that office during a recess of
5that Senate.
6    (d-7) The Executive Ethics Commission shall have
7jurisdiction over complainants and respondents in violation of
8subsection (d) of Section 20-90.
9    (e) The Executive Ethics Commission must meet, either in
10person or by other technological means, at least monthly and
11as often as necessary. At the first meeting of the Executive
12Ethics Commission, the commissioners shall choose from their
13number a chairperson and other officers that they deem
14appropriate. The terms of officers shall be for 2 years
15commencing July 1 and running through June 30 of the second
16following year. Meetings shall be held at the call of the
17chairperson or any 3 commissioners. Official action by the
18Commission shall require the affirmative vote of 5
19commissioners, and a quorum shall consist of 5 commissioners.
20Commissioners shall receive compensation in an amount equal to
21the compensation of members of the State Board of Elections
22and may be reimbursed for their reasonable expenses actually
23incurred in the performance of their duties.
24    (f) No commissioner or employee of the Executive Ethics
25Commission may during his or her term of appointment or
26employment:

 

 

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1        (1) become a candidate for any elective office;
2        (2) hold any other elected or appointed public office
3    except for appointments on governmental advisory boards or
4    study commissions or as otherwise expressly authorized by
5    law;
6        (3) be actively involved in the affairs of any
7    political party or political organization; or
8        (4) advocate for the appointment of another person to
9    an appointed or elected office or position or actively
10    participate in any campaign for any elective office.
11    (g) An appointing authority may remove a commissioner only
12for cause.
13    (h) The Executive Ethics Commission shall appoint an
14Executive Director. The compensation of the Executive Director
15shall be as determined by the Commission. The Executive
16Director of the Executive Ethics Commission may employ and
17determine the compensation of staff, as appropriations permit.
18    (i) The Executive Ethics Commission shall appoint, by a
19majority of the members appointed to the Commission, chief
20procurement officers and may appoint procurement compliance
21monitors in accordance with the provisions of the Illinois
22Procurement Code. The compensation of a chief procurement
23officer and procurement compliance monitor shall be determined
24by the Commission.
25(Source: P.A. 103-517, eff. 8-11-23.)
 

 

 

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1    (5 ILCS 430/20-10)
2    Sec. 20-10. Offices of Executive Inspectors General.
3    (a) Five independent Offices of the Executive Inspector
4General are created, one each for the Governor, the Attorney
5General, the Secretary of State, the Comptroller, and the
6Treasurer. Each Office shall be under the direction and
7supervision of an Executive Inspector General and shall be a
8fully independent office with separate appropriations.
9    (b) The Governor, Attorney General, Secretary of State,
10Comptroller, and Treasurer shall each appoint an Executive
11Inspector General, without regard to political affiliation and
12solely on the basis of integrity and demonstrated ability.
13Appointments shall be made by and with the advice and consent
14of the Senate by three-fifths of the elected members
15concurring by record vote. Any nomination not acted upon by
16the Senate within 60 session days of the receipt thereof shall
17be deemed to have received the advice and consent of the
18Senate. If, during a recess of the Senate, there is a vacancy
19in an office of Executive Inspector General, the appointing
20authority shall make a temporary appointment until the next
21meeting of the Senate when the appointing authority shall make
22a nomination to fill that office. No person rejected for an
23office of Executive Inspector General shall, except by the
24Senate's request, be nominated again for that office at the
25same session of the Senate or be appointed to that office
26during a recess of that Senate.

 

 

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1    Nothing in this Article precludes the appointment by the
2Governor, Attorney General, Secretary of State, Comptroller,
3or Treasurer of any other inspector general required or
4permitted by law. The Governor, Attorney General, Secretary of
5State, Comptroller, and Treasurer each may appoint an existing
6inspector general as the Executive Inspector General required
7by this Article, provided that such an inspector general is
8not prohibited by law, rule, jurisdiction, qualification, or
9interest from serving as the Executive Inspector General
10required by this Article. An appointing authority may not
11appoint a relative as an Executive Inspector General.
12    Each Executive Inspector General shall have the following
13qualifications:
14        (1) has not been convicted of any felony under the
15    laws of this State, another State, or the United States;
16        (2) has earned a baccalaureate degree from an
17    institution of higher education; and
18        (3) has 5 or more years of cumulative service (A) with
19    a federal, State, or local law enforcement agency, at
20    least 2 years of which have been in a progressive
21    investigatory capacity; (B) as a federal, State, or local
22    prosecutor; (C) as a senior manager or executive of a
23    federal, State, or local agency; (D) as a member, an
24    officer, or a State or federal judge; or (E) representing
25    any combination of items (A) through (D).
26    The term of each initial Executive Inspector General shall

 

 

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1commence upon qualification and shall run through June 30,
22008. The initial appointments shall be made within 60 days
3after the effective date of this Act.
4    After the initial term, each Executive Inspector General
5shall serve for 5-year terms commencing on July 1 of the year
6of appointment and running through June 30 of the fifth
7following year. An Executive Inspector General may be
8reappointed to one or more subsequent terms.
9    A vacancy occurring other than at the end of a term shall
10be filled by the appointing authority only for the balance of
11the term of the Executive Inspector General whose office is
12vacant.
13    Terms shall run regardless of whether the position is
14filled.
15    (c) The Executive Inspector General appointed by the
16Attorney General shall have jurisdiction over the Attorney
17General and all officers and employees of, and vendors and
18others doing business with, State agencies within the
19jurisdiction of the Attorney General. The Executive Inspector
20General appointed by the Secretary of State shall have
21jurisdiction over the Secretary of State and all officers and
22employees of, and vendors and others doing business with,
23State agencies within the jurisdiction of the Secretary of
24State. The Executive Inspector General appointed by the
25Comptroller shall have jurisdiction over the Comptroller and
26all officers and employees of, and vendors and others doing

 

 

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1business with, State agencies within the jurisdiction of the
2Comptroller. The Executive Inspector General appointed by the
3Treasurer shall have jurisdiction over the Treasurer and all
4officers and employees of, and vendors and others doing
5business with, State agencies within the jurisdiction of the
6Treasurer. The Executive Inspector General appointed by the
7Governor shall have jurisdiction over (i) the Governor, (ii)
8the Lieutenant Governor, (iii) all officers and employees of,
9and vendors and others doing business with, executive branch
10State agencies under the jurisdiction of the Executive Ethics
11Commission and not within the jurisdiction of the Attorney
12General, the Secretary of State, the Comptroller, or the
13Treasurer, (iv) all board members and employees of the
14Regional Transit Board Boards and all vendors and others doing
15business with the Regional Transit Board Boards, and (v) all
16board members and employees of the Regional Development
17Authorities and all vendors and others doing business with the
18Regional Development Authorities.
19    The jurisdiction of each Executive Inspector General is to
20investigate allegations of fraud, waste, abuse, mismanagement,
21misconduct, nonfeasance, misfeasance, malfeasance, or
22violations of this Act or violations of other related laws and
23rules.
24    Each Executive Inspector General shall have jurisdiction
25over complainants in violation of subsection (e) of Section
2620-63 for disclosing a summary report prepared by the

 

 

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1respective Executive Inspector General.
2    (d) The compensation for each Executive Inspector General
3shall be determined by the Executive Ethics Commission and
4shall be provided from appropriations made to the Comptroller
5for this purpose. For terms of office beginning on or after
6July 1, 2023, each Executive Inspector General shall receive,
7on July 1 of each year, beginning on July 1, 2024, an increase
8in salary based on a cost of living adjustment as authorized by
9Senate Joint Resolution 192 of the 86th General Assembly.
10Subject to Section 20-45 of this Act, each Executive Inspector
11General has full authority to organize his or her Office of the
12Executive Inspector General, including the employment and
13determination of the compensation of staff, such as deputies,
14assistants, and other employees, as appropriations permit. A
15separate appropriation shall be made for each Office of
16Executive Inspector General.
17    (e) No Executive Inspector General or employee of the
18Office of the Executive Inspector General may, during his or
19her term of appointment or employment:
20        (1) become a candidate for any elective office;
21        (2) hold any other elected or appointed public office
22    except for appointments on governmental advisory boards or
23    study commissions or as otherwise expressly authorized by
24    law;
25        (3) be actively involved in the affairs of any
26    political party or political organization; or

 

 

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1        (4) advocate for the appointment of another person to
2    an appointed or elected office or position or actively
3    participate in any campaign for any elective office.
4    In this subsection an appointed public office means a
5position authorized by law that is filled by an appointing
6authority as provided by law and does not include employment
7by hiring in the ordinary course of business.
8    (e-1) No Executive Inspector General or employee of the
9Office of the Executive Inspector General may, for one year
10after the termination of his or her appointment or employment:
11        (1) become a candidate for any elective office;
12        (2) hold any elected public office; or
13        (3) hold any appointed State, county, or local
14    judicial office.
15    (e-2) The requirements of item (3) of subsection (e-1) may
16be waived by the Executive Ethics Commission.
17    (f) An Executive Inspector General may be removed only for
18cause and may be removed only by the appointing constitutional
19officer. At the time of the removal, the appointing
20constitutional officer must report to the Executive Ethics
21Commission the justification for the removal.
22(Source: P.A. 102-558, eff. 8-20-21; 102-1115, eff. 1-9-23;
23103-517, eff. 8-11-23.)
 
24    (5 ILCS 430/Art. 75 heading)
25
ARTICLE 75. REGIONAL TRANSIT BOARD BOARDS

 

 

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1
AND REGIONAL DEVELOPMENT AUTHORITIES
2(Source: P.A. 103-517, eff. 8-11-23.)
 
3    (5 ILCS 430/75-5)
4    Sec. 75-5. Application of the State Officials and
5Employees Ethics Act to the Regional Transit Board Boards and
6Regional Development Authorities.
7    (a) The provisions of Articles 1, 5, 10, 20, and 50 of this
8Act, as well as this Article, apply to the Regional Transit
9Board Boards and Regional Development Authorities. As used in
10Articles 1, 5, 10, 20, 50, and 75, (i) "appointee" and
11"officer" include a person appointed to serve on the board of a
12Regional Transit Board or a board of a Regional Development
13Authority, and (ii) "employee" and "State employee" include:
14(A) a full-time, part-time, or contractual employee of a
15Regional Transit Board or a Regional Development Authority;
16and (B) Authority leaders of a Regional Development Authority.
17As used in this subsection, "Authority leader" has the meaning
18given to that term in the various Acts and Laws creating the
19Regional Development Authorities.
20    (b) The Executive Ethics Commission shall have
21jurisdiction over all board members and employees of the
22Regional Transit Board Boards and Regional Development
23Authorities. The Executive Inspector General appointed by the
24Governor shall have jurisdiction over all board members,
25employees, vendors, and others doing business with the

 

 

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1Regional Transit Board Boards and Regional Development
2Authorities to investigate allegations of fraud, waste, abuse,
3mismanagement, misconduct, nonfeasance, misfeasance,
4malfeasance, or violations of this Act.
5(Source: P.A. 103-517, eff. 8-11-23.)
 
6    (5 ILCS 430/75-10)
7    Sec. 75-10. Coordination between Executive Inspector
8General and Inspectors General appointed by Regional Transit
9Board Boards.
10    (a) Nothing in this amendatory Act of the 96th General
11Assembly precludes the a Regional Transit Board from
12appointing or employing an Inspector General to serve under
13the jurisdiction of the a Regional Transit Board to receive
14complaints and conduct investigations in accordance with an
15ordinance or resolution adopted by that respective Board,
16provided he or she is approved by the Executive Ethics
17Commission. The A Regional Transit Board shall notify the
18Executive Ethics Commission within 10 days after employing or
19appointing a person to serve as Inspector General, and the
20Executive Ethics Commission shall approve or reject the
21appointment or employment of the Inspector General. Any
22notification not acted upon by the Executive Ethics Commission
23within 60 days after its receipt shall be deemed to have
24received the approval of the Executive Ethics Commission.
25Within 30 days after the effective date of this amendatory Act

 

 

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1of the 96th General Assembly, a Regional Transit Board shall
2notify the Executive Ethics Commission of any person serving
3on the effective date of this amendatory Act as an Inspector
4General for the Regional Transit Board, and the Executive
5Ethics Commission shall approve or reject the appointment or
6employment within 30 days after receipt of the notification,
7provided that any notification not acted upon by the Executive
8Ethics Commission within 30 days shall be deemed to have
9received approval. No person rejected by the Executive Ethics
10Commission shall serve as an Inspector General for the a
11Regional Transit Board for a term of 5 years after being
12rejected by the Commission. For purposes of this subsection
13(a), any person appointed or employed by a Transit Board to
14receive complaints and investigate allegations of fraud,
15waste, abuse, mismanagement, misconduct, nonfeasance,
16misfeasance, malfeasance, or violations of this Act shall be
17considered an Inspector General and shall be subject to
18approval of the Executive Ethics Commission.
19    (b) The Executive Inspector General appointed by the
20Governor shall have exclusive jurisdiction to investigate
21complaints or allegations of violations of this Act and, in
22his or her discretion, may investigate other complaints or
23allegations. Complaints or allegations of a violation of this
24Act received by an Inspector General appointed or employed by
25the a Regional Transit Board shall be immediately referred to
26the Executive Inspector General. The Executive Inspector

 

 

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1General shall have authority to assume responsibility and
2investigate any complaint or allegation received by an
3Inspector General appointed or employed by the a Regional
4Transit Board. In the event the Executive Inspector General
5provides written notification of intent to assume
6investigatory responsibility for a complaint, allegation, or
7ongoing investigation, the Inspector General appointed or
8employed by the a Regional Transit Board shall cease review of
9the complaint, allegation, or ongoing investigation and
10provide all information to the Executive Inspector General.
11The Executive Inspector General may delegate responsibility
12for an investigation to the Inspector General appointed or
13employed by the a Regional Transit Board. In the event the
14Executive Inspector General provides an Inspector General
15appointed or employed by the a Regional Transit Board with
16written notification of intent to delegate investigatory
17responsibility for a complaint, allegation, or ongoing
18investigation, the Executive Inspector General shall provide
19all information to the Inspector General appointed or employed
20by the a Regional Transit Board.
21    (c) An Inspector General appointed or employed by the a
22Regional Transit Board shall provide a monthly activity report
23to the Executive Inspector General indicating:
24        (1) the total number of complaints or allegations
25    received since the date of the last report and a
26    description of each complaint;

 

 

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1        (2) the number of investigations pending as of the
2    reporting date and the status of each investigation;
3        (3) the number of investigations concluded since the
4    date of the last report and the result of each
5    investigation; and
6        (4) the status of any investigation delegated by the
7    Executive Inspector General.
8    An Inspector General appointed or employed by the a
9Regional Transit Board and the Executive Inspector General
10shall cooperate and share resources or information as
11necessary to implement the provisions of this Article.
12    (d) Reports filed under this Section are exempt from the
13Freedom of Information Act and shall be deemed confidential.
14Investigatory files and reports prepared by the Office of the
15Executive Inspector General and the Office of an Inspector
16General appointed or employed by the a Regional Transit Board
17may be disclosed between the Offices as necessary to implement
18the provisions of this Article.
19(Source: P.A. 96-1528, eff. 7-1-11.)
 
20    Section 8.07. The Illinois Act on the Aging is amended by
21changing Section 4.15 as follows:
 
22    (20 ILCS 105/4.15)
23    Sec. 4.15. Eligibility determinations.
24    (a) The Department is authorized to make eligibility

 

 

HB5823- 245 -LRB103 40434 AWJ 72767 b

1determinations for benefits administered by other governmental
2bodies based on the Senior Citizens and Persons with
3Disabilities Property Tax Relief Act as follows:
4        (i) for the Secretary of State with respect to reduced
5    fees paid by qualified vehicle owners under the Illinois
6    Vehicle Code;
7        (ii) for special districts that offer free fixed-route
8    fixed route public transportation services for qualified
9    older adults under the Local Mass Transit District Act,
10    the Metropolitan Transit Authority Act, and the
11    Metropolitan Mobility Regional Transportation Authority
12    Act; and
13        (iii) for special districts that offer transit
14    services for qualified individuals with disabilities under
15    the Local Mass Transit District Act, the Metropolitan
16    Transit Authority Act, and the Metropolitan Mobility
17    Regional Transportation Authority Act.
18    (b) The Department shall establish the manner by which
19claimants shall apply for these benefits. The Department is
20authorized to promulgate rules regarding the following
21matters: the application cycle; the application process; the
22content for an electronic application; required personal
23identification information; acceptable proof of eligibility as
24to age, disability status, marital status, residency, and
25household income limits; household composition; calculating
26income; use of social security numbers; duration of

 

 

HB5823- 246 -LRB103 40434 AWJ 72767 b

1eligibility determinations; and any other matters necessary
2for such administrative operations.
3    (c) All information received by the Department from an
4application or from any investigation to determine eligibility
5for benefits shall be confidential, except for official
6purposes.
7    (d) A person may not under any circumstances charge a fee
8to a claimant for assistance in completing an application form
9for these benefits.
10(Source: P.A. 98-887, eff. 8-15-14; 99-143, eff. 7-27-15.)
 
11    Section 8.08. The Department of Public Health Powers and
12Duties Law of the Civil Administrative Code of Illinois is
13amended by changing Section 2310-55.5 as follows:
 
14    (20 ILCS 2310/2310-55.5)
15    Sec. 2310-55.5. Free and reduced fare services. The
16Metropolitan Mobility Regional Transportation Authority shall
17monthly provide the Department with a list of riders that
18receive free or reduced fares under the Metropolitan Mobility
19Regional Transportation Authority Act. The list shall include
20an individual's name, address, and date of birth. The
21Department shall, within 2 weeks after receipt of the list,
22report back to the Metropolitan Mobility Regional
23Transportation Authority any discrepancies that indicate that
24a rider receiving free or reduced fare services is deceased.

 

 

HB5823- 247 -LRB103 40434 AWJ 72767 b

1(Source: P.A. 97-781, eff. 1-1-13.)
 
2    (20 ILCS 2605/2605-340 rep.)
3    Section 8.09. The Illinois State Police Law of the Civil
4Administrative Code of Illinois is amended by repealing
5Section 2605-340.
 
6    Section 8.10. The Department of Transportation Law of the
7Civil Administrative Code of Illinois is amended by changing
8Sections 2705-203, 2705-300, 2705-305, 2705-310, 2705-315, and
92705-440 and by adding Section 2705-594 as follows:
 
10    (20 ILCS 2705/2705-203)
11    Sec. 2705-203. Transportation asset management plan and
12performance-based programming.
13    (a) The General Assembly declares it to be in the public
14interest that a project prioritization process be developed
15and implemented to: improve the efficiency and effectiveness
16of the State's transportation system and transportation
17safety; enhance movement and multi-modal connections of people
18and goods; mitigate environmental impacts; and promote
19inclusive economic growth throughout the State.
20    (b) In accordance with Section 2705-200, the Department of
21Transportation shall develop and publish a statewide
22multi-modal transportation improvement program for all
23transportation facilities under its jurisdiction. The

 

 

HB5823- 248 -LRB103 40434 AWJ 72767 b

1development of the program shall use the following methods:
2        (1) use transportation system information to make
3    investment and policy decisions to achieve statewide and
4    regional performance goals established in the State's
5    long-range transportation plan;
6        (2) ensure transportation investment decisions emerge
7    from an objective and quantifiable technical analysis;
8        (3) evaluate the need and financial support necessary
9    for maintaining, expanding, and modernizing existing
10    transportation infrastructure;
11        (4) ensure that all State transportation funds
12    invested are directed to support progress toward the
13    achievement of performance targets established in the
14    State's long-range transportation plan;
15        (5) make investment decisions transparent and
16    accessible to the public;
17        (6) consider emissions and increase infrastructure
18    resilience to climate change; and
19        (7) reduce disparities in transportation system
20    performance experienced by racially marginalized
21    communities, low-income to moderate-income consumers, and
22    other disadvantaged groups and populations identified
23    under the Environmental Justice Act.
24    (c) The Department shall develop a risk-based, statewide
25highway system asset management plan in accordance with 23
26U.S.C. 119 and 23 CFR Part 515 to preserve and improve the

 

 

HB5823- 249 -LRB103 40434 AWJ 72767 b

1condition of highway and bridge assets and enhance the
2performance of the system while minimizing the life-cycle
3cost. The asset management plan shall be made publicly
4available on the Department's website.
5    (d) The Department shall develop a needs-based transit
6asset management plan for State-supported public
7transportation assets, including vehicles, facilities,
8equipment, and other infrastructure in accordance with 49 CFR
9Part 625. The goal of the transit asset management plan is to
10preserve and modernize capital transit assets that will
11enhance the performance of the transit system. Federally
12required transit asset management plans developed by the
13Metropolitan Mobility Authority Regional Transportation
14Authority (RTA) or service boards, as defined in Section 1.03
15of the Regional Transportation Authority Act, shall become the
16transportation asset management plans for all public
17transportation assets owned and operated by the Authority
18service boards. The Department's transit asset management plan
19shall be made publicly available on the Department's website.
20The Metropolitan Mobility Authority RTA shall be responsible
21for making public transit asset management plans for its
22service area publicly available.
23    (e) The Department shall develop a performance-based
24project selection process to prioritize taxpayer investment in
25State-owned transportation assets that add capacity. The goal
26of the process is to select projects through an evaluation

 

 

HB5823- 250 -LRB103 40434 AWJ 72767 b

1process. This process shall provide the ability to prioritize
2projects based on geographic regions. The Department shall
3solicit input from localities, metropolitan planning
4organizations, transit authorities, transportation
5authorities, representatives of labor and private businesses,
6the public, community-based organizations, and other
7stakeholders in its development of the prioritization process
8pursuant to this subsection.
9    The selection process shall include a defined public
10process by which candidate projects are evaluated and
11selected. The process shall include both a quantitative
12analysis of the evaluation factors and qualitative review by
13the Department. The Department may apply different weights to
14the performance measures based on regional geography or
15project type. Projects selected as part of the process will be
16considered for inclusion in the State's multi-year
17transportation program and the annual element of the
18multi-year program. Starting April 1, 2022, no new capacity
19project shall be included in the multi-year transportation
20plan or annual element without being evaluated under the
21selection process described in this Section. Existing projects
22in the multi-year highway improvement program may be included
23regardless of the outcome of using the performance-based
24project selection tool. The policies that guide the
25performance-based project selection process shall be derived
26from State and regional long-range transportation plans. The

 

 

HB5823- 251 -LRB103 40434 AWJ 72767 b

1Department shall certify that it is making progress toward the
2goals included in the State's long-range transportation plan.
3All plan and program development based on the project
4selection process described in this subsection shall include
5consideration of regional balance. The selection process shall
6be based on an objective and quantifiable analysis that
7considers, at a minimum, the goals identified in the
8long-range transportation plan and shall:
9        (1) consider emissions and increase infrastructure
10    resilience due to climate change; and
11        (2) reduce disparities in transportation system
12    performance experienced by racially marginalized
13    communities, low-income to moderate-income consumers, and
14    other disadvantaged groups and populations identified
15    under the Environmental Justice Act.
16    (f) The prioritization process developed under subsection
17(e) may apply only to State jurisdiction projects and not to:
18        (1) projects funded by the Congestion Mitigation and
19    Air Quality Improvement funds apportioned to the State
20    pursuant to 23 U.S.C. 104(b)(4) and State matching funds;
21        (2) projects funded by the Highway Safety Improvement
22    Program funds apportioned to the State pursuant to 23
23    U.S.C. 104(b)(3) and State matching funds;
24        (3) projects funded by the Transportation Alternatives
25    funds set-aside pursuant to 23 U.S.C. 133(h) and State
26    matching funds;

 

 

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1        (4) projects funded by the National Highway Freight
2    Program pursuant to 23 U.S.C. 167 and State matching
3    funds;
4        (5) funds to be allocated to urban areas based on
5    population under federal law; and
6        (6) any new federal program that requires competitive
7    selection, distribution to local public agencies, or
8    specific eligibility.
9    (g) A summary of the project evaluation process, measures,
10program, and scores for all candidate projects shall be
11published on the Department website in a timely manner.
12(Source: P.A. 102-573, eff. 8-24-21.)
 
13    (20 ILCS 2705/2705-300)  (was 20 ILCS 2705/49.18)
14    Sec. 2705-300. Powers concerning mass transportation. The
15Department has the power to do the following:
16        (1) Advise and assist the Governor and the General
17    Assembly in formulating (i) a mass transportation policy
18    for the State, (ii) proposals designed to help meet and
19    resolve special problems of mass transportation within the
20    State, and (iii) programs of assistance for the
21    comprehensive planning, development, and administration of
22    mass transportation facilities and services.
23        (2) Appear and participate in proceedings before any
24    federal, State, or local regulatory agency involving or
25    affecting mass transportation in the State.

 

 

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1        (3) Study mass transportation problems and provide
2    technical assistance to units of local government.
3        (4) Encourage experimentation in developing new mass
4    transportation facilities and services.
5        (5) Recommend policies, programs, and actions designed
6    to improve utilization of mass transportation services.
7        (6) Cooperate with mass transit districts and systems,
8    local governments, and other State agencies in meeting
9    those problems of air, noise, and water pollution
10    associated with transportation.
11        (7) Participate fully in a statewide effort to improve
12    transport safety, including, as the designated State
13    agency responsible for overseeing the safety and security
14    of rail fixed guideway public transportation systems in
15    compliance with 49 U.S.C. 5329 and 49 U.S.C. 5330:
16            (A) developing, adopting, and implementing a
17        system safety program standard and procedures meeting
18        the compliance requirements of 49 U.S.C. 5329 and 49
19        U.S.C. 5330, as now or hereafter amended, for the
20        safety and security of rail fixed guideway public
21        transportation systems within the State; and
22            (B) establishing procedures in accordance with 49
23        U.S.C. 5329 and 49 U.S.C. 5330 to review, approve,
24        oversee, investigate, audit, and enforce all other
25        necessary and incidental functions related to the
26        effectuation of 49 U.S.C. 5329 and 49 U.S.C. 5330, or

 

 

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1        other federal law, pertaining to public transportation
2        oversight. The Department may contract for the
3        services of a qualified consultant to comply with this
4        subsection.
5        The security portion of the system safety program,
6    investigation reports, surveys, schedules, lists, or data
7    compiled, collected, or prepared by or for the Department
8    under this subsection shall not be subject to discovery or
9    admitted into evidence in federal or State court or
10    considered for other purposes in any civil action for
11    damages arising from any matter mentioned or addressed in
12    such reports, surveys, schedules, lists, data, or
13    information. Except for willful or wanton conduct, neither
14    the Department nor its employees, nor the Metropolitan
15    Mobility Regional Transportation Authority, nor the St.
16    Clair County Transit District, nor any mass transit
17    district nor service board subject to this Section, nor
18    their respective directors, officers, or employees, shall
19    be held liable in any civil action for any injury to or
20    death of any person or loss of or damage to property for
21    any act, omission, or failure to act under this Section or
22    49 U.S.C. 5329 or 49 U.S.C. 5330 as now or hereafter
23    amended.
24        (8) Conduct by contract or otherwise technical
25    studies, and demonstration and development projects which
26    shall be designed to test and develop methods for

 

 

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1    increasing public use of mass transportation and for
2    providing mass transportation in an efficient,
3    coordinated, and convenient manner.
4        (9) Make applications for, receive, and make use of
5    grants for mass transportation.
6        (10) Make grants for mass transportation from the
7    Transportation Fund pursuant to the standards and
8    procedures of Sections 2705-305 and 2705-310.
9    Nothing in this Section alleviates an individual's duty to
10comply with the State Officials and Employees Ethics Act.
11(Source: P.A. 102-559, eff. 8-20-21.)
 
12    (20 ILCS 2705/2705-305)
13    Sec. 2705-305. Grants for mass transportation.
14    (a) For the purpose of mass transportation grants and
15contracts, the following definitions apply:
16    "Carrier" means any corporation, authority, partnership,
17association, person, or district authorized to provide mass
18transportation within the State.
19    "District" means all of the following:
20        (i) Any district created pursuant to the Local Mass
21    Transit District Act.
22        (ii) (Blank). The Authority created pursuant to the
23    Metropolitan Transit Authority Act.
24        (iii) Any authority, commission, or other entity that
25    by virtue of an interstate compact approved by Congress is

 

 

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1    authorized to provide mass transportation.
2        (iv) The Authority created pursuant to the
3    Metropolitan Mobility Regional Transportation Authority
4    Act.
5    "Facilities" comprise all real and personal property used
6in or appurtenant to a mass transportation system, including
7parking lots.
8    "Mass transportation" means transportation provided within
9the State of Illinois by rail, bus, or other conveyance and
10available to the general public on a regular and continuing
11basis, including the transportation of persons with
12disabilities or elderly persons as provided more specifically
13in Section 2705-310.
14    "Unit of local government" means any city, village,
15incorporated town, or county.
16    (b) Grants may be made to units of local government,
17districts, and carriers for the acquisition, construction,
18extension, reconstruction, and improvement of mass
19transportation facilities. Grants shall be made upon the terms
20and conditions that in the judgment of the Secretary are
21necessary to ensure their proper and effective utilization.
22    (c) The Department shall make grants under this Law in a
23manner designed, so far as is consistent with the maintenance
24and development of a sound mass transportation system within
25the State, to: (i) maximize federal funds for the assistance
26of mass transportation in Illinois under the Federal Transit

 

 

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1Act and other federal Acts; (ii) facilitate the movement of
2persons who because of age, economic circumstance, or physical
3infirmity are unable to drive; (iii) contribute to an improved
4environment through the reduction of air, water, and noise
5pollution; and (iv) reduce traffic congestion.
6    (d) The Secretary shall establish procedures for making
7application for mass transportation grants. The procedures
8shall provide for public notice of all applications and give
9reasonable opportunity for the submission of comments and
10objections by interested parties. The procedures shall be
11designed with a view to facilitating simultaneous application
12for a grant to the Department and to the federal government.
13    (e) Grants may be made for mass transportation projects as
14follows:
15        (1) In an amount not to exceed 100% of the nonfederal
16    share of projects for which a federal grant is made.
17        (2) In an amount not to exceed 100% of the net project
18    cost for projects for which a federal grant is not made.
19        (3) In an amount not to exceed five-sixths of the net
20    project cost for projects essential for the maintenance of
21    a sound transportation system and eligible for federal
22    assistance for which a federal grant application has been
23    made but a federal grant has been delayed. If and when a
24    federal grant is made, the amount in excess of the
25    nonfederal share shall be promptly returned to the
26    Department.

 

 

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1    In no event shall the Department make a grant that,
2together with any federal funds or funds from any other
3source, is in excess of 100% of the net project cost.
4    (f) Regardless of whether any funds are available under a
5federal grant, the Department shall not make a mass
6transportation grant unless the Secretary finds that the
7recipient has entered into an agreement with the Department in
8which the recipient agrees not to engage in school bus
9operations exclusively for the transportation of students and
10school personnel in competition with private school bus
11operators where those private school bus operators are able to
12provide adequate transportation, at reasonable rates, in
13conformance with applicable safety standards, provided that
14this requirement shall not apply to a recipient that operates
15a school system in the area to be served and operates a
16separate and exclusive school bus program for the school
17system.
18    (g) Grants may be made for mass transportation purposes
19with funds appropriated from the Build Illinois Bond Fund
20consistent with the specific purposes for which those funds
21are appropriated by the General Assembly. Grants under this
22subsection (g) are not subject to any limitations or
23conditions imposed upon grants by any other provision of this
24Section, except that the Secretary may impose the terms and
25conditions that in his or her judgment are necessary to ensure
26the proper and effective utilization of the grants under this

 

 

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1subsection.
2    (h) The Department may let contracts for mass
3transportation purposes and facilities for the purpose of
4reducing urban congestion funded in whole or in part with
5bonds described in subdivision (b)(1) of Section 4 of the
6General Obligation Bond Act, not to exceed $75,000,000 in
7bonds.
8    (i) The Department may make grants to carriers, districts,
9and units of local government for the purpose of reimbursing
10them for providing reduced fares for mass transportation
11services for students, persons with disabilities, and the
12elderly. Grants shall be made upon the terms and conditions
13that in the judgment of the Secretary are necessary to ensure
14their proper and effective utilization.
15    (j) The Department may make grants to carriers, districts,
16and units of local government for costs of providing ADA
17paratransit service.
18(Source: P.A. 99-143, eff. 7-27-15.)
 
19    (20 ILCS 2705/2705-310)
20    Sec. 2705-310. Grants for transportation for persons with
21disabilities.
22    (a) For the purposes of this Section, the following
23definitions apply:
24     "Carrier" means a district or a not for profit
25corporation providing mass transportation for persons with

 

 

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1disabilities on a regular and continuing basis.
2     "Person with a disability" means any individual who, by
3reason of illness, injury, age, congenital malfunction, or
4other permanent or temporary incapacity or disability, is
5unable without special mass transportation facilities or
6special planning or design to utilize ordinary mass
7transportation facilities and services as effectively as
8persons who are not so affected.
9    "Unit of local government", "district", and "facilities"
10have the meanings ascribed to them in Section 2705-305.
11    (b) The Department may make grants from the Transportation
12Fund and the General Revenue Fund (i) to units of local
13government, districts, and carriers for vehicles, equipment,
14and the acquisition, construction, extension, reconstruction,
15and improvement of mass transportation facilities for persons
16with disabilities and (ii) during State fiscal years 1986 and
171987, to the Regional Transportation Authority (now the
18Metropolitan Mobility Authority) for operating assistance for
19mass transportation for mobility limited persons, including
20paratransit services for the mobility limited. The grants
21shall be made upon the terms and conditions that in the
22judgment of the Secretary are necessary to ensure their proper
23and effective utilization. The procedures, limitations, and
24safeguards provided in Section 2705-305 to govern grants for
25mass transportation shall apply to grants made under this
26Section.

 

 

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1    For the efficient administration of grants, the
2Department, on behalf of grant recipients under this Section
3and on behalf of recipients receiving funds under Sections
45309 and 5311 of the Federal Transit Act and State funds, may
5administer and consolidate procurements and may enter into
6contracts with manufacturers of vehicles and equipment.
7    (c) The Department may make operating assistance grants
8from the Transportation Fund to those carriers that, during
9federal fiscal year 1986, directly received operating
10assistance pursuant to Section 5307 or Section 5311 of the
11Federal Transit Act, or under contracts with a unit of local
12government or mass transit district that received operating
13expenses under Section 5307 or Section 5311 of the Federal
14Transit Act, to provide public paratransit services to the
15general mobility limited population. The Secretary shall take
16into consideration the reduction in federal operating expense
17grants to carriers when considering the grant applications.
18The procedures, limitations, and safeguards provided in
19Section 2705-305 to govern grants for mass transportation
20shall apply to grants made under this Section.
21(Source: P.A. 99-143, eff. 7-27-15.)
 
22    (20 ILCS 2705/2705-315)  (was 20 ILCS 2705/49.19b)
23    Sec. 2705-315. Grants for passenger security. The
24Department may make grants from the Transportation Fund and
25the General Revenue Fund to the Metropolitan Mobility Regional

 

 

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1Transportation Authority created under the Metropolitan
2Mobility Regional Transportation Authority Act to be used to
3provide protection against crime for the consumers of public
4transportation, and for the employees and facilities of public
5transportation providers, in the metropolitan region. The
6grants may be used (1) to provide that protection directly, or
7(2) to contract with any municipality or county in the
8metropolitan region to provide that protection, or (3) except
9for the Chicago Transit Authority created under the
10Metropolitan Transit Authority Act, to contract with a private
11security agency to provide that protection.
12    The grants shall be made upon the terms and conditions
13that in the judgment of the Secretary are necessary to ensure
14their proper and effective utilization. The procedures
15provided in Section 2705-305 to govern grants for mass
16transportation shall apply to grants made under this Section.
17(Source: P.A. 91-239, eff. 1-1-00.)
 
18    (20 ILCS 2705/2705-440)  (was 20 ILCS 2705/49.25h)
19    Sec. 2705-440. Intercity Rail Service.
20    (a) For the purposes of providing intercity railroad
21passenger service within this State and throughout the United
22States, the Department is authorized to enter into agreements
23with any state, state agency, units of local government or
24political subdivisions, Metropolitan Mobility Authority the
25Commuter Rail Division of the Regional Transportation

 

 

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1Authority (or a public corporation on behalf of that Authority
2Division), architecture or engineering firms, the National
3Railroad Passenger Corporation, any carrier, or any
4individual, corporation, partnership, or public or private
5entity. The cost related to such services shall be borne in
6such proportion as, by agreement or contract the parties may
7desire.
8    (b) In providing any intercity railroad passenger service
9as provided in this Section, the Department shall have the
10following additional powers:
11        (1) to enter into trackage use agreements with rail
12    carriers;
13        (1.5) to freely lease or otherwise contract for any
14    purpose any of the locomotives, passenger railcars, and
15    other rolling stock equipment or accessions to any state
16    or state agency, public or private entity, or quasi-public
17    entities;
18        (2) to enter into haulage agreements with rail
19    carriers;
20        (3) to lease or otherwise contract for use,
21    maintenance, servicing, and repair of any needed
22    locomotives, rolling stock, stations, or other facilities,
23    the lease or contract having a term not to exceed 50 years
24    (but any multi-year contract shall recite that the
25    contract is subject to termination and cancellation,
26    without any penalty, acceleration payment, or other

 

 

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1    recoupment mechanism, in any fiscal year for which the
2    General Assembly fails to make an adequate appropriation
3    to cover the contract obligation);
4        (4) to enter into management agreements;
5        (5) to include in any contract indemnification of
6    carriers or other parties for any liability with regard to
7    intercity railroad passenger service;
8        (6) to obtain insurance for any losses or claims with
9    respect to the service;
10        (7) to promote the use of the service;
11        (8) to make grants to any body politic and corporate,
12    any unit of local government, or the Metropolitan Mobility
13    Authority Commuter Rail Division of the Regional
14    Transportation Authority to cover all or any part of any
15    capital or operating costs of the service and to enter
16    into agreements with respect to those grants;
17        (9) to set any fares or make other regulations with
18    respect to the service, consistent with any contracts for
19    the service; and
20        (10) to otherwise enter into any contracts necessary
21    or convenient to provide rail services, operate or
22    maintain locomotives, passenger railcars, and other
23    rolling stock equipment or accessions, including the lease
24    or use of such locomotives, railcars, equipment, or
25    accessions.
26    (c) All service provided under this Section shall be

 

 

HB5823- 265 -LRB103 40434 AWJ 72767 b

1exempt from all regulations by the Illinois Commerce
2Commission (other than for safety matters). To the extent the
3service is provided by the Metropolitan Mobility Authority
4Commuter Rail Division of the Regional Transportation
5Authority (or a public corporation on behalf of that Authority
6Division), it shall be exempt from safety regulations of the
7Illinois Commerce Commission to the extent the Authority
8Commuter Rail Division adopts its own safety regulations.
9    (d) In connection with any powers exercised under this
10Section, the Department
11        (1) shall not have the power of eminent domain; and
12        (2) shall not directly operate any railroad service
13    with its own employees.
14    (e) Any contract with the Metropolitan Mobility Authority
15Commuter Rail Division of the Regional Transportation
16Authority (or a public corporation on behalf of the Authority
17Division) under this Section shall provide that all costs in
18excess of revenue received by the Division generated from
19intercity rail service provided by the Division shall be fully
20borne by the Department, and no funds for operation of
21commuter rail service shall be used, directly or indirectly,
22or for any period of time, to subsidize the intercity rail
23operation. If at any time the Division does not have
24sufficient funds available to satisfy the requirements of this
25Section, the Division shall forthwith terminate the operation
26of intercity rail service. The payments made by the Department

 

 

HB5823- 266 -LRB103 40434 AWJ 72767 b

1to the Division for the intercity rail passenger service shall
2not be made in excess of those costs or as a subsidy for costs
3of commuter rail operations. This shall not prevent the
4contract from providing for efficient coordination of service
5and facilities to promote cost-effective cost effective
6operations of both intercity rail passenger service and
7commuter rail services with cost allocations as provided in
8this paragraph.
9    (f) Whenever the Department enters into an agreement with
10any carrier, state or state agency, any public or private
11entity, or quasi-public entity for either the Department's
12payment of such railroad required maintenance expenses
13necessary for intercity passenger service or for the lease or
14use of locomotives, passenger railcars, and other rolling
15stock equipment or accessions, the Department may deposit such
16required maintenance funds, use fees, or rental payments into
17any escrow account. For purposes of this subsection, an escrow
18account means any fiduciary account established with (i) any
19banking corporation which is both organized under the Illinois
20Banking Act and authorized to accept and administer trusts in
21this State, or (ii) any national banking association which has
22its principal place of business in this State and which also is
23authorized to accept and administer trusts in this State. The
24funds in any required maintenance escrow account may be
25withdrawn by the carrier or entity in control of the railroad
26being maintained, only with the consent of the Department,

 

 

HB5823- 267 -LRB103 40434 AWJ 72767 b

1pursuant to a written maintenance agreement and pursuant to a
2maintenance plan that shall be updated each year. Funds in an
3escrow account holding lease, use fees, or rental payments may
4be withdrawn by the Department to be used or expended on
5acquisition, offsets, overhaul fees, or costs of locomotives,
6railcars, equipment or accessions, including any future
7equipment purchase, expenses, fees, or costs, or any other
8purpose permitted or required by the escrow agreement or any
9other agreement regarding disbursement of funds. The moneys
10deposited in the escrow accounts shall be invested and
11reinvested, pursuant to the direction of the Department, in
12bonds and other interest bearing obligations of this State, or
13in such accounts, certificates, bills, obligations, shares,
14pools or other securities as are authorized for the investment
15of public funds under the Public Funds Investment Act. Escrow
16accounts created under this subsection shall not have terms
17that exceed 20 years. At the end of the term of an escrow
18account, the remaining balance shall be deposited in the
19High-Speed Rail Rolling Stock Fund, a special fund that is
20created in the State treasury Treasury. Moneys in the
21High-Speed Rail Rolling Stock Fund may be used for any purpose
22related to locomotives, passenger railcars, and other rolling
23stock equipment. The Department shall prepare a report for
24presentation to the Comptroller and the Treasurer each year
25that shows the amounts deposited and withdrawn, the purposes
26for withdrawal, the balance, and the amounts derived from

 

 

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1investment.
2(Source: P.A. 100-773, eff. 1-1-19.)
 
3    (20 ILCS 2705/2705-594 new)
4    Sec. 2705-594. Office of Public Transportation Support.
5    (a) As used in this Section, "metropolitan region" has the
6meaning given to that term in the Metropolitan Mobility
7Authority Act.
8    (b) The Department shall establish, staff, and support an
9Office of Public Transportation Support within District 1. The
10Office's purpose is to optimize the operation of public
11transportation vehicles and the delivery of public
12transportation services on highways, as defined by Section
132-202 of the Illinois Highway Code, under the Department's
14jurisdiction in the metropolitan region.
15    (c) The Office of Public Transportation Support shall have
16the following duties:
17        (1) reviewing Department plans for the construction,
18    rehabilitation, and repair of roadways under the
19    Department's jurisdiction to identify opportunities for
20    enhancements that will improve public transportation
21    operations and safety on such highways, and making
22    recommendations for implementing such enhancements;
23        (2) reviewing the plans by other governmental entities
24    for the construction, rehabilitation, and repair of
25    highways under the Department's jurisdiction or that

 

 

HB5823- 269 -LRB103 40434 AWJ 72767 b

1    intersect with such highways to identify opportunities for
2    enhancements that will improve public transportation
3    operations and safety on such highways, and making
4    recommendations for implementing such enhancements;
5        (3) facilitating the implementation of intelligent
6    transportation system solutions, such as bus priority at
7    signalized intersections, to improve public transportation
8    vehicle operations and safety on highways under the
9    Department's jurisdiction;
10        (4) facilitating the implementation of highway
11    infrastructure enhancements such as sidewalks, bus
12    shelters, and bicycle paths and lanes that help connect
13    people to public transportation services on highways under
14    the Department's jurisdiction;
15        (5) identifying and pursuing grant funding
16    opportunities for projects that will improve public
17    transportation operations and safety on highways under the
18    Department's jurisdiction;
19        (6) coordinating with the Metropolitan Mobility
20    Authority on the implementation of bus speed and
21    reliability improvements and other enhancements to
22    highways under the Department's jurisdiction to improve
23    public transportation operations and safety; and
24        (7) coordinating with the Metropolitan Mobility
25    Authority on the pursuit of grant opportunities for
26    projects that will improve public transportation on

 

 

HB5823- 270 -LRB103 40434 AWJ 72767 b

1    highways under the Department's jurisdiction.
2    (d) To fulfill its obligations under this Section, and
3notwithstanding any of its current policies and practices to
4the contrary, the Department shall in its design and operation
5of highways under its jurisdiction in the metropolitan region
6give priority to public transportation vehicles and other
7vehicles, such as school buses, designed to carry a sizable
8number of people over the priority the Department gives to
9standard light duty vehicles typically used to carry one or a
10few people at a time.
11    (e) The Department shall prioritize maximizing the
12throughput of people on highways under its jurisdiction in the
13metropolitan region where public transportation is provided or
14planned over maximizing the number and speeds of vehicles on
15such highways.
16    (f) On highways in the metropolitan region under its
17jurisdiction served by public transportation or where public
18transportation is planned, the Department shall identify and
19implement highway design, infrastructure, and operations
20enhancements that maximize the attractiveness and efficacy of
21public transportation compared to travel by single occupancy
22vehicles on such highways and coordinate with the Metropolitan
23Mobility Authority on such enhancements.
24    (g) The Department shall give the Metropolitan Mobility
25Authority a timely opportunity to review, comment, and concur
26on plans for the construction, rehabilitation, or repair of

 

 

HB5823- 271 -LRB103 40434 AWJ 72767 b

1highways under the jurisdiction of the Department in the
2metropolitan region where public transportation is being
3provided or is planned by the Metropolitan Mobility Authority.
4    (h) The Department shall not advance a project subject to
5the process set forth in subsections (d) through (g) to
6construction until it has received the Metropolitan Mobility
7Authority's concurrence.
8    (i) The Chicago Metropolitan Agency for Planning shall
9make appropriate changes to its travel demand model, project
10scoring and prioritization processes, long-range plan, and
11transportation improvement program to reflect the requirements
12of subsections (d) through (h).
 
13    Section 8.11. The Illinois Finance Authority Act is
14amended by changing Section 820-50 as follows:
 
15    (20 ILCS 3501/820-50)
16    Sec. 820-50. Pledge of Funds by Units of Local Government.
17    (a) Pledge of Funds. Any unit of local government which
18receives funds from the Department of Revenue, including
19without limitation funds received pursuant to Sections 8-11-1,
208-11-1.4, 8-11-5 or 8-11-6 of the Illinois Municipal Code, the
21Home Rule County Retailers' Occupation Tax Act, the Home Rule
22County Service Occupation Tax Act, Sections 25.05-2, 25.05-3
23or 25.05-10 of "An Act to revise the law in relation to
24counties", Section 5.01 of the Local Mass Transit District

 

 

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1Act, Section 4.03 of the Metropolitan Mobility Regional
2Transportation Authority Act, Sections 2 or 12 of the State
3Revenue Sharing Act, or from the Department of Transportation
4pursuant to Section 8 of the Motor Fuel Tax Law, or from the
5State Superintendent of Education (directly or indirectly
6through regional superintendents of schools) pursuant to
7Article 18 of the School Code, or any unit of government which
8receives other funds which are at any time in the custody of
9the State Treasurer, the State Comptroller, the Department of
10Revenue, the Department of Transportation or the State
11Superintendent of Education may by appropriate proceedings,
12pledge to the Authority or any entity acting on behalf of the
13Authority (including, without limitation, any trustee), any or
14all of such receipts to the extent that such receipts are
15necessary to provide revenues to pay the principal of,
16premium, if any, and interest on, and other fees related to, or
17to secure, any of the local government securities of such unit
18of local government which have been sold or delivered to the
19Authority or its designee or to pay lease rental payments to be
20made by such unit of local government to the extent that such
21lease rental payments secure the payment of the principal of,
22premium, if any, and interest on, and other fees related to,
23any local government securities which have been sold or
24delivered to the Authority or its designee. Any pledge of such
25receipts (or any portion thereof) shall constitute a first and
26prior lien thereon and shall be binding from the time the

 

 

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1pledge is made.
2    (b) Direct Payment of Pledged Receipts. Any such unit of
3local government may, by such proceedings, direct that all or
4any of such pledged receipts payable to such unit of local
5government be paid directly to the Authority or such other
6entity (including, without limitation, any trustee) for the
7purpose of paying the principal of, premium, if any, and
8interest on, and fees relating to, such local government
9securities or for the purpose of paying such lease rental
10payments to the extent necessary to pay the principal of,
11premium, if any, and interest on, and other fees related to,
12such local government securities secured by such lease rental
13payments. Upon receipt of a certified copy of such proceedings
14by the State Treasurer, the State Comptroller, the Department
15of Revenue, the Department of Transportation or the State
16Superintendent of Education, as the case may be, such
17Department or State Superintendent shall direct the State
18Comptroller and State Treasurer to pay to, or on behalf of, the
19Authority or such other entity (including, without limitation,
20any trustee) all or such portion of the pledged receipts from
21the Department of Revenue, or the Department of Transportation
22or the State Superintendent of Education (directly or
23indirectly through regional superintendents of schools), as
24the case may be, sufficient to pay the principal of and
25premium, if any, and interest on, and other fees related to,
26the local governmental securities for which the pledge was

 

 

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1made or to pay such lease rental payments securing such local
2government securities for which the pledge was made. The
3proceedings shall constitute authorization for such a
4directive to the State Comptroller to cause orders to be drawn
5and to the State Treasurer to pay in accordance with such
6directive. To the extent that the Authority or its designee
7notifies the Department of Revenue, the Department of
8Transportation or the State Superintendent of Education, as
9the case may be, that the unit of local government has
10previously paid to the Authority or its designee the amount of
11any principal, premium, interest and fees payable from such
12pledged receipts, the State Comptroller shall cause orders to
13be drawn and the State Treasurer shall pay such pledged
14receipts to the unit of local government as if they were not
15pledged receipts. To the extent that such receipts are pledged
16and paid to the Authority or such other entity, any taxes which
17have been levied or fees or charges assessed pursuant to law on
18account of the issuance of such local government securities
19shall be paid to the unit of local government and may be used
20for the purposes for which the pledged receipts would have
21been used.
22    (c) Payment of Pledged Receipts upon Default. Any such
23unit of local government may, by such proceedings, direct that
24such pledged receipts payable to such unit of local government
25be paid to the Authority or such other entity (including,
26without limitation, any trustee) upon a default in the payment

 

 

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1of any principal of, premium, if any, or interest on, or fees
2relating to, any of the local government securities of such
3unit of local government which have been sold or delivered to
4the Authority or its designee or any of the local government
5securities which have been sold or delivered to the Authority
6or its designee and which are secured by such lease rental
7payments. If such local governmental security is in default as
8to the payment of principal thereof, premium, if any, or
9interest thereon, or fees relating thereto, to the extent that
10the State Treasurer, the State Comptroller, the Department of
11Revenue, the Department of Transportation or the State
12Superintendent of Education (directly or indirectly through
13regional superintendents of schools) shall be the custodian at
14any time of any other available funds or moneys pledged to the
15payment of such local government securities or such lease
16rental payments securing such local government securities
17pursuant to this Section and due or payable to such a unit of
18local government at any time subsequent to written notice to
19the State Comptroller and State Treasurer from the Authority
20or any entity acting on behalf of the Authority (including,
21without limitation, any trustee) to the effect that such unit
22of local government has not paid or is in default as to payment
23of the principal of, premium, if any, or interest on, or fees
24relating to, any local government security sold or delivered
25to the Authority or any such entity (including, without
26limitation, any trustee) or has not paid or is in default as to

 

 

HB5823- 276 -LRB103 40434 AWJ 72767 b

1the payment of such lease rental payments securing the payment
2of the principal of, premium, if any, or interest on, or other
3fees relating to, any local government security sold or
4delivered to the Authority or such other entity (including,
5without limitation, any trustee):
6        (i) The State Comptroller and the State Treasurer
7    shall withhold the payment of such funds or moneys from
8    such unit of local government until the amount of such
9    principal, premium, if any, interest or fees then due and
10    unpaid has been paid to the Authority or any such entity
11    (including, without limitation, any trustee), or the State
12    Comptroller and the State Treasurer have been advised that
13    arrangements, satisfactory to the Authority or such
14    entity, have been made for the payment of such principal,
15    premium, if any, interest and fees; and
16        (ii) Within 10 days after a demand for payment by the
17    Authority or such entity given to such unit of local
18    government, the State Treasurer and the State Comptroller,
19    the State Treasurer shall pay such funds or moneys as are
20    legally available therefor to the Authority or such entity
21    for the payment of principal of, premium, if any, or
22    interest on, or fees relating to, such local government
23    securities. The Authority or any such entity may carry out
24    this Section and exercise all the rights, remedies and
25    provisions provided or referred to in this Section.
26    (d) Remedies. Upon the sale or delivery of any local

 

 

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1government securities of the Authority or its designee, the
2local government which issued such local government securities
3shall be deemed to have agreed that upon its failure to pay
4interest or premium, if any, on, or principal of, or fees
5relating to, the local government securities sold or delivered
6to the Authority or any entity acting on behalf of the
7Authority (including, without limitation, any trustee) when
8payable, all statutory defenses to nonpayment are thereby
9waived. Upon a default in payment of principal of or interest
10on any local government securities issued by a unit of local
11government and sold or delivered to the Authority or its
12designee, and upon demand on the unit of local government for
13payment, if the local government securities are payable from
14property taxes and funds are not legally available in the
15treasury of the unit of local government to make payment, an
16action in mandamus for the levy of a tax by the unit of local
17government to pay the principal of or interest on the local
18government securities shall lie, and the Authority or such
19entity shall be constituted a holder or owner of the local
20government securities as being in default. Upon the occurrence
21of any failure or default with respect to any local government
22securities issued by a unit of local government, the Authority
23or such entity may thereupon avail itself of all remedies,
24rights and provisions of law applicable in the circumstances,
25and the failure to exercise or exert any rights or remedies
26within a time or period provided by law may not be raised as a

 

 

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1defense by the unit of local government.
2(Source: P.A. 93-205, eff. 1-1-04.)
 
3    Section 8.12. The Illinois State Auditing Act is amended
4by changing Section 3-1 as follows:
 
5    (30 ILCS 5/3-1)  (from Ch. 15, par. 303-1)
6    Sec. 3-1. Jurisdiction of Auditor General. The Auditor
7General has jurisdiction over all State agencies to make post
8audits and investigations authorized by or under this Act or
9the Constitution.
10    The Auditor General has jurisdiction over local government
11agencies and private agencies only:
12        (a) to make such post audits authorized by or under
13    this Act as are necessary and incidental to a post audit of
14    a State agency or of a program administered by a State
15    agency involving public funds of the State, but this
16    jurisdiction does not include any authority to review
17    local governmental agencies in the obligation, receipt,
18    expenditure or use of public funds of the State that are
19    granted without limitation or condition imposed by law,
20    other than the general limitation that such funds be used
21    for public purposes;
22        (b) to make investigations authorized by or under this
23    Act or the Constitution; and
24        (c) to make audits of the records of local government

 

 

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1    agencies to verify actual costs of state-mandated programs
2    when directed to do so by the Legislative Audit Commission
3    at the request of the State Board of Appeals under the
4    State Mandates Act.
5    In addition to the foregoing, the Auditor General may
6conduct an audit of the Metropolitan Pier and Exposition
7Authority, the Metropolitan Mobility Authority, Regional
8Transportation Authority, the Suburban Bus Division, the
9Commuter Rail Division and the Chicago Transit Authority and
10any other subsidized carrier when authorized by the
11Legislative Audit Commission. Such audit may be a financial,
12management or program audit, or any combination thereof.
13    The audit shall determine whether they are operating in
14accordance with all applicable laws and regulations. Subject
15to the limitations of this Act, the Legislative Audit
16Commission may by resolution specify additional determinations
17to be included in the scope of the audit.
18    In addition to the foregoing, the Auditor General must
19also conduct a financial audit of the Illinois Sports
20Facilities Authority's expenditures of public funds in
21connection with the reconstruction, renovation, remodeling,
22extension, or improvement of all or substantially all of any
23existing "facility", as that term is defined in the Illinois
24Sports Facilities Authority Act.
25    The Auditor General may also conduct an audit, when
26authorized by the Legislative Audit Commission, of any

 

 

HB5823- 280 -LRB103 40434 AWJ 72767 b

1hospital which receives 10% or more of its gross revenues from
2payments from the State of Illinois, Department of Healthcare
3and Family Services (formerly Department of Public Aid),
4Medical Assistance Program.
5    The Auditor General is authorized to conduct financial and
6compliance audits of the Illinois Distance Learning Foundation
7and the Illinois Conservation Foundation.
8    As soon as practical after the effective date of this
9amendatory Act of 1995, the Auditor General shall conduct a
10compliance and management audit of the City of Chicago and any
11other entity with regard to the operation of Chicago O'Hare
12International Airport, Chicago Midway Airport and Merrill C.
13Meigs Field. The audit shall include, but not be limited to, an
14examination of revenues, expenses, and transfers of funds;
15purchasing and contracting policies and practices; staffing
16levels; and hiring practices and procedures. When completed,
17the audit required by this paragraph shall be distributed in
18accordance with Section 3-14.
19    The Auditor General shall conduct a financial and
20compliance and program audit of distributions from the
21Municipal Economic Development Fund during the immediately
22preceding calendar year pursuant to Section 8-403.1 of the
23Public Utilities Act at no cost to the city, village, or
24incorporated town that received the distributions.
25    The Auditor General must conduct an audit of the Health
26Facilities and Services Review Board pursuant to Section 19.5

 

 

HB5823- 281 -LRB103 40434 AWJ 72767 b

1of the Illinois Health Facilities Planning Act.
2    The Auditor General of the State of Illinois shall
3annually conduct or cause to be conducted a financial and
4compliance audit of the books and records of any county water
5commission organized pursuant to the Water Commission Act of
61985 and shall file a copy of the report of that audit with the
7Governor and the Legislative Audit Commission. The filed audit
8shall be open to the public for inspection. The cost of the
9audit shall be charged to the county water commission in
10accordance with Section 6z-27 of the State Finance Act. The
11county water commission shall make available to the Auditor
12General its books and records and any other documentation,
13whether in the possession of its trustees or other parties,
14necessary to conduct the audit required. These audit
15requirements apply only through July 1, 2007.
16    The Auditor General must conduct audits of the Rend Lake
17Conservancy District as provided in Section 25.5 of the River
18Conservancy Districts Act.
19    The Auditor General must conduct financial audits of the
20Southeastern Illinois Economic Development Authority as
21provided in Section 70 of the Southeastern Illinois Economic
22Development Authority Act.
23    The Auditor General shall conduct a compliance audit in
24accordance with subsections (d) and (f) of Section 30 of the
25Innovation Development and Economy Act.
26(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09;

 

 

HB5823- 282 -LRB103 40434 AWJ 72767 b

196-939, eff. 6-24-10.)
 
2    (30 ILCS 5/3-2.3 rep.)
3    Section 8.12a. The Illinois State Auditing Act is amended
4by repealing Section 3-2.3.
 
5    Section 8.13. The State Finance Act is amended by changing
6Sections 5.277, 5.918, 6z-17, 6z-20, 6z-27, 6z-109, 8.25g, and
78.3 and by adding Sections 5.1015 and 5.1016 as follows:
 
8    (30 ILCS 105/5.277)  (from Ch. 127, par. 141.277)
9    Sec. 5.277. The Metropolitan Mobility Regional
10Transportation Authority Occupation and Use Tax Replacement
11Fund.
12(Source: P.A. 86-928; 86-1028.)
 
13    (30 ILCS 105/5.918)
14    Sec. 5.918. The Metropolitan Mobility Regional
15Transportation Authority Capital Improvement Fund.
16(Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19;
17102-558, eff. 8-20-21.)
 
18    (30 ILCS 105/5.1015 new)
19    Sec. 5.1015. The Transit-Supportive Development Fund.
 
20    (30 ILCS 105/5.1016 new)

 

 

HB5823- 283 -LRB103 40434 AWJ 72767 b

1    Sec. 5.1016. The Metropolitan Mobility Authority
2Additional Operating Funding Fund.
 
3    (30 ILCS 105/6z-17)  (from Ch. 127, par. 142z-17)
4    Sec. 6z-17. State and Local Sales Tax Reform Fund.
5    (a) After deducting the amount transferred to the Tax
6Compliance and Administration Fund under subsection (b), of
7the money paid into the State and Local Sales Tax Reform Fund:
8(i) subject to appropriation to the Department of Revenue,
9Municipalities having 1,000,000 or more inhabitants shall
10receive 20% and may expend such amount to fund and establish a
11program for developing and coordinating public and private
12resources targeted to meet the affordable housing needs of
13low-income and very low-income households within such
14municipality, (ii) 10% shall be transferred into the
15Metropolitan Mobility Regional Transportation Authority
16Occupation and Use Tax Replacement Fund, a special fund in the
17State treasury which is hereby created, (iii) until July 1,
182013, subject to appropriation to the Department of
19Transportation, the Madison County Mass Transit District shall
20receive .6%, and beginning on July 1, 2013, subject to
21appropriation to the Department of Revenue, 0.6% shall be
22distributed each month out of the Fund to the Madison County
23Mass Transit District, (iv) the following amounts, plus any
24cumulative deficiency in such transfers for prior months,
25shall be transferred monthly into the Build Illinois Fund and

 

 

HB5823- 284 -LRB103 40434 AWJ 72767 b

1credited to the Build Illinois Bond Account therein:
2Fiscal YearAmount
31990$2,700,000
419911,850,000
519922,750,000
619932,950,000
7    From Fiscal Year 1994 through Fiscal Year 2025 the
8transfer shall total $3,150,000 monthly, plus any cumulative
9deficiency in such transfers for prior months, and (v) the
10remainder of the money paid into the State and Local Sales Tax
11Reform Fund shall be transferred into the Local Government
12Distributive Fund and, except for municipalities with
131,000,000 or more inhabitants which shall receive no portion
14of such remainder, shall be distributed, subject to
15appropriation, in the manner provided by Section 2 of "An Act
16in relation to State revenue sharing with local government
17entities", approved July 31, 1969, as now or hereafter
18amended. Municipalities with more than 50,000 inhabitants
19according to the 1980 U.S. Census and located within the Metro
20East Mass Transit District receiving funds pursuant to
21provision (v) of this paragraph may expend such amounts to
22fund and establish a program for developing and coordinating
23public and private resources targeted to meet the affordable
24housing needs of low-income and very low-income households
25within such municipality.
26    Moneys transferred from the Grocery Tax Replacement Fund

 

 

HB5823- 285 -LRB103 40434 AWJ 72767 b

1to the State and Local Sales Tax Reform Fund under Section
26z-130 shall be treated under this Section in the same manner
3as if they had been remitted with the return on which they were
4reported.
5    (b) Beginning on the first day of the first calendar month
6to occur on or after the effective date of this amendatory Act
7of the 98th General Assembly, each month the Department of
8Revenue shall certify to the State Comptroller and the State
9Treasurer, and the State Comptroller shall order transferred
10and the State Treasurer shall transfer from the State and
11Local Sales Tax Reform Fund to the Tax Compliance and
12Administration Fund, an amount equal to 1/12 of 5% of 20% of
13the cash receipts collected during the preceding fiscal year
14by the Audit Bureau of the Department of Revenue under the Use
15Tax Act, the Service Use Tax Act, the Service Occupation Tax
16Act, the Retailers' Occupation Tax Act, and associated local
17occupation and use taxes administered by the Department. The
18amount distributed under subsection (a) each month shall first
19be reduced by the amount transferred to the Tax Compliance and
20Administration Fund under this subsection (b). Moneys
21transferred to the Tax Compliance and Administration Fund
22under this subsection (b) shall be used, subject to
23appropriation, to fund additional auditors and compliance
24personnel at the Department of Revenue.
25(Source: P.A. 102-700, eff. 4-19-22.)
 

 

 

HB5823- 286 -LRB103 40434 AWJ 72767 b

1    (30 ILCS 105/6z-20)  (from Ch. 127, par. 142z-20)
2    Sec. 6z-20. County and Mass Transit District Fund. Of the
3money received from the 6.25% general rate (and, beginning
4July 1, 2000 and through December 31, 2000, the 1.25% rate on
5motor fuel and gasohol, and beginning on August 6, 2010
6through August 15, 2010, and beginning again on August 5, 2022
7through August 14, 2022, the 1.25% rate on sales tax holiday
8items) on sales subject to taxation under the Retailers'
9Occupation Tax Act and Service Occupation Tax Act and paid
10into the County and Mass Transit District Fund, distribution
11to the Metropolitan Mobility Authority Occupation and Use Tax
12Replacement Fund Regional Transportation Authority tax fund,
13created pursuant to Section 6.02 4.03 of the Metropolitan
14Mobility Regional Transportation Authority Act, for deposit
15therein shall be made based upon the retail sales occurring in
16a county having more than 3,000,000 inhabitants. The remainder
17shall be distributed to each county having 3,000,000 or fewer
18inhabitants based upon the retail sales occurring in each such
19county.
20    For the purpose of determining allocation to the local
21government unit, a retail sale by a producer of coal or other
22mineral mined in Illinois is a sale at retail at the place
23where the coal or other mineral mined in Illinois is extracted
24from the earth. This paragraph does not apply to coal or other
25mineral when it is delivered or shipped by the seller to the
26purchaser at a point outside Illinois so that the sale is

 

 

HB5823- 287 -LRB103 40434 AWJ 72767 b

1exempt under the United States Constitution as a sale in
2interstate or foreign commerce.
3    Of the money received from the 6.25% general use tax rate
4on tangible personal property which is purchased outside
5Illinois at retail from a retailer and which is titled or
6registered by any agency of this State's government and paid
7into the County and Mass Transit District Fund, the amount for
8which Illinois addresses for titling or registration purposes
9are given as being in each county having more than 3,000,000
10inhabitants shall be distributed into the Metropolitan
11Mobility Authority Occupation and Use Tax Replacement Fund
12Regional Transportation Authority tax fund, created pursuant
13to Section 6.02 4.03 of the Metropolitan Mobility Regional
14Transportation Authority Act. The remainder of the money paid
15from such sales shall be distributed to each county based on
16sales for which Illinois addresses for titling or registration
17purposes are given as being located in the county. Any money
18paid into the Regional Transportation Authority Occupation and
19Use Tax Replacement Fund from the County and Mass Transit
20District Fund prior to January 14, 1991, which has not been
21paid to the Authority prior to that date, shall be transferred
22to the Regional Transportation Authority tax fund.
23    Whenever the Department determines that a refund of money
24paid into the County and Mass Transit District Fund should be
25made to a claimant instead of issuing a credit memorandum, the
26Department shall notify the State Comptroller, who shall cause

 

 

HB5823- 288 -LRB103 40434 AWJ 72767 b

1the order to be drawn for the amount specified, and to the
2person named, in such notification from the Department. Such
3refund shall be paid by the State Treasurer out of the County
4and Mass Transit District Fund.
5    As soon as possible after the first day of each month,
6beginning January 1, 2011, upon certification of the
7Department of Revenue, the Comptroller shall order
8transferred, and the Treasurer shall transfer, to the STAR
9Bonds Revenue Fund the local sales tax increment, as defined
10in the Innovation Development and Economy Act, collected
11during the second preceding calendar month for sales within a
12STAR bond district and deposited into the County and Mass
13Transit District Fund, less 3% of that amount, which shall be
14transferred into the Tax Compliance and Administration Fund
15and shall be used by the Department, subject to appropriation,
16to cover the costs of the Department in administering the
17Innovation Development and Economy Act.
18    After the monthly transfer to the STAR Bonds Revenue Fund,
19on or before the 25th day of each calendar month, the
20Department shall prepare and certify to the Comptroller the
21disbursement of stated sums of money to the Metropolitan
22Mobility Regional Transportation Authority and to named
23counties, the counties to be those entitled to distribution,
24as hereinabove provided, of taxes or penalties paid to the
25Department during the second preceding calendar month. The
26amount to be paid to the Metropolitan Mobility Regional

 

 

HB5823- 289 -LRB103 40434 AWJ 72767 b

1Transportation Authority and each county having 3,000,000 or
2fewer inhabitants shall be the amount (not including credit
3memoranda) collected during the second preceding calendar
4month by the Department and paid into the County and Mass
5Transit District Fund, plus an amount the Department
6determines is necessary to offset any amounts which were
7erroneously paid to a different taxing body, and not including
8an amount equal to the amount of refunds made during the second
9preceding calendar month by the Department, and not including
10any amount which the Department determines is necessary to
11offset any amounts which were payable to a different taxing
12body but were erroneously paid to the Metropolitan Mobility
13Regional Transportation Authority or county, and not including
14any amounts that are transferred to the STAR Bonds Revenue
15Fund, less 1.5% of the amount to be paid to the Metropolitan
16Mobility Regional Transportation Authority, which shall be
17transferred into the Tax Compliance and Administration Fund.
18The Department, at the time of each monthly disbursement to
19the Metropolitan Mobility Regional Transportation Authority,
20shall prepare and certify to the State Comptroller the amount
21to be transferred into the Tax Compliance and Administration
22Fund under this Section. Within 10 days after receipt, by the
23Comptroller, of the disbursement certification to the
24Metropolitan Mobility Regional Transportation Authority,
25counties, and the Tax Compliance and Administration Fund
26provided for in this Section to be given to the Comptroller by

 

 

HB5823- 290 -LRB103 40434 AWJ 72767 b

1the Department, the Comptroller shall cause the orders to be
2drawn for the respective amounts in accordance with the
3directions contained in such certification.
4    When certifying the amount of a monthly disbursement to
5the Metropolitan Mobility Regional Transportation Authority or
6to a county under this Section, the Department shall increase
7or decrease that amount by an amount necessary to offset any
8misallocation of previous disbursements. The offset amount
9shall be the amount erroneously disbursed within the 6 months
10preceding the time a misallocation is discovered.
11    The provisions directing the distributions from the
12special fund in the State treasury Treasury provided for in
13this Section and from the Metropolitan Mobility Authority
14Occupation and Use Tax Replacement Fund Regional
15Transportation Authority tax fund created by Section 6.02 4.03
16of the Metropolitan Mobility Regional Transportation Authority
17Act shall constitute an irrevocable and continuing
18appropriation of all amounts as provided herein. The State
19Treasurer and State Comptroller are hereby authorized to make
20distributions as provided in this Section.
21    In construing any development, redevelopment, annexation,
22preannexation or other lawful agreement in effect prior to
23September 1, 1990, which describes or refers to receipts from
24a county or municipal retailers' occupation tax, use tax or
25service occupation tax which now cannot be imposed, such
26description or reference shall be deemed to include the

 

 

HB5823- 291 -LRB103 40434 AWJ 72767 b

1replacement revenue for such abolished taxes, distributed from
2the County and Mass Transit District Fund or Local Government
3Distributive Fund, as the case may be.
4(Source: P.A. 102-700, eff. 4-19-22.)
 
5    (30 ILCS 105/6z-27)
6    Sec. 6z-27. All moneys in the Audit Expense Fund shall be
7transferred, appropriated and used only for the purposes
8authorized by, and subject to the limitations and conditions
9prescribed by, the Illinois State Auditing Act.
10    Within 30 days after July 1, 2023, or as soon thereafter as
11practical, the State Comptroller shall order transferred and
12the State Treasurer shall transfer from the following funds
13moneys in the specified amounts for deposit into the Audit
14Expense Fund:
15African-American HIV/AIDS Response RESP Fund...........$1,421
16Agricultural Premium Fund............................$122,719
17Alzheimer's Awareness Fund.............................$1,499
18Alzheimer's Disease Research, Care, and Support Fund.....$662
19Amusement Ride and Patron Safety Fund..................$6,315
20Assisted Living and & Shared Housing Regulatory
21    House Regulation Fund..............................$2,564
22Capital Development Board Revolving Fund..............$15,118
23Care Provider Fund for Persons with a Developmental
24    Disability........................................$15,392
25Carolyn Adams Ticket For The Cure Grant Fund.............$927

 

 

HB5823- 292 -LRB103 40434 AWJ 72767 b

1CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial
2    Driver's License Information
3    System/American Association of
4    Motor Vehicle Administrators
5    network/National Motor Vehicle
6    Title Information Service Trust Fund)..............$5,236
7Chicago Police Memorial Foundation Fund..................$708
8Chicago State University Education Improvement Fund...$13,666
9Child Labor and Day and Temporary Labor
10    Services Enforcement Fund.........................$11,991
11Child Support Administrative Fund......................$5,287
12Clean Air Act Permit Fund..............................$1,556
13Coal Technology Development Assistance Fund............$6,936
14Common School Fund...................................$343,892
15Community Mental Health Medicaid Trust Fund...........$14,084
16Corporate Franchise Tax Refund Fund....................$1,096
17DCFS Children's Services Fund..........................$8,766
18Death Certificate Surcharge Fund.......................$2,060
19Death Penalty Abolition Fund...........................$2,448
20Department of Business Services Service Special
21    Operations Fund...................................$13,889
22Department of Human Services DHS Community
23    Services Fund......................................$7,970
24Downstate Public Transportation Fund..................$11,631
25Dram Shop Fund.......................................$142,500
26Driver Services Administration Fund....................$1,873

 

 

HB5823- 293 -LRB103 40434 AWJ 72767 b

1Drug Rebate Fund......................................$42,473
2Drug Treatment Fund....................................$1,767
3Education Assistance Fund..........................$2,031,292
4Emergency Public Health Fund...........................$5,162
5Environmental Protection Permit and Inspection Fund....$1,447
6Estate Tax Refund Fund...................................$852
7Facilities Management Revolving Fund..................$50,148
8Facility Licensing Fund................................$5,522
9Fair and & Exposition Fund.............................$4,248
10Feed Control Fund......................................$7,709
11Fertilizer Control Fund................................$6,849
12Fire Prevention Fund...................................$3,859
13Fund for the Advancement of Education.................$24,772
14General Assembly Operations Revolving Rev Fund.........$1,146
15General Professions Dedicated Fund.....................$4,039
16General Revenue Fund..............................$17,653,153
17Governor's Administrative Fund.........................$2,832
18Governor's Grant Fund.................................$17,709
19Grade Crossing Protection Fund...........................$930
20Grant Accountability and / Transparency Fund.............$805
21Guardianship and & Advocacy Fund......................$14,843
22Hazardous Waste Fund.....................................$835
23Health Facility Plan Review Fund.......................$1,776
24Health and Human Services Service Medicaid Trust Fund..$6,554
25Healthcare Provider Relief Fund......................$407,107
26Healthy Smiles Fund......................................$738

 

 

HB5823- 294 -LRB103 40434 AWJ 72767 b

1Home Care Services Agency Licensure Fund...............$3,101
2Hospital Licensure Fund................................$1,688
3Hospital Provider Fund...............................$138,829
4ICCB Federal Trust Fund...............................$9,968
5ICJIA Violence Prevention Fund...........................$932
6Illinois IL Affordable Housing Trust Fund.............$17,236
7Illinois IL Clean Water Fund...........................$2,152
8Illinois IL Community College Board
9    Contracts and Grants Fund ..........................$9,968
10Illinois IL Health Facilities Planning Fund............$3,094
11IMSA Income Fund......................................$12,417
12Illinois IL Power Agency Operations Fund..............$62,583
13Illinois IL School Asbestos Abatement Fund...............$784
14Illinois IL State Fair Fund...........................$29,752
15Illinois IL State Police Memorial Park Fund..............$681
16Illinois Telecommunications IL Telecom Access
17    Corporation Fund...................................$1,668
18Illinois IL Underground Utility Facilities
19    Facility Damage Prevention Fund....................$4,276
20Illinois IL Veterans' Rehabilitation Fund..............$5,943
21Illinois IL Workers' Compensation Commission
22    Operations Fund..................................$243,187
23Income Tax Refund Fund................................$54,420
24Lead Poisoning Screening, Prevention, and
25    Abatement Fund....................................$16,379
26Live and Learn Fund...................................$25,492

 

 

HB5823- 295 -LRB103 40434 AWJ 72767 b

1Lobbyist Registration Administration Fund..............$1,471
2Local Government Distributive Fund....................$44,025
3Long Term Care Monitor/Receiver Receive Fund..........$42,016
4Long-Term Long Term Care Provider Fund................$13,537
5Low-Level Radioactive Low Level Rad Facility
6    Development and Operation Dev & Op Fund..............$618
7Mandatory Arbitration Fund.............................$2,104
8Medical Special Purposes Purpose Trust Fund..............$786
9Mental Health Fund.....................................$9,376
10Mental Health Reporting Fund...........................$1,443
11Metabolic Screening and & Treatment Fund..............$32,049
12Monitoring Device Driving Permit Administration
13    Fee Fund...........................................$1,616
14Motor Fuel Tax Fund...................................$36,238
15Motor Vehicle License Plate Fund......................$17,694
16Motor Vehicle Theft Prevention and Insurance
17    Verification Trust.................................10,970
18Multiple Sclerosis Research Fund.........................$758
19Nuclear Safety Emergency Preparedness Fund............$26,117
20Nursing Dedicated and Professional Fund................$2,420
21Open Space Lands Acquisition and & Development Fund......$658
22Partners For Conservation Fund........................$89,847
23Pension Stabilization Fund.............................$1,031
24Personal Property Tax Replacement Fund...............$290,755
25Pesticide Control Fund................................$30,513
26Plumbing Licensure and & Program Fund..................$6,276

 

 

HB5823- 296 -LRB103 40434 AWJ 72767 b

1Police Memorial Committee Fund...........................$813
2Professional Services Fund............................$72,029
3Public Health Laboratory Lab Services Revolving
4    Rev Fund...........................................$5,816
5Public Transportation Fund............................$46,826
6Public Utility Fund..................................$198,423
7Radiation Protection Fund.............................$11,034
8Renewable Energy Resources Trust Fund..................$7,834
9Road Fund............................................$226,150
10Regional Transportation Authority RTA Occupation
11    and & Use Tax Replacement Fund (now the
12    Metropolitan Mobility Authority Occupation
13    and Use Tax Replacement Fund) ......................$1,167
14School Infrastructure Fund.............................$7,749
15Secretary of State DUI Administration Fund.............$2,694
16Secretary of State Identification & Security
17    and Theft Prevention Fund.........................$12,676
18Secretary of State Police Services Fund..................$717
19Secretary of State Special License Plate Fund..........$4,203
20Secretary of State Special Services Fund..............$34,491
21Securities Audit and Enforcement Fund..................$8,198
22Solid Waste Management Fund............................$1,613
23Special Olympics Illinois and Special
24    Children's Charities Fund............................$852
25Special Education Medicaid Matching Fund...............$5,131
26Sports Wagering Fund...................................$4,450

 

 

HB5823- 297 -LRB103 40434 AWJ 72767 b

1State and Local Sales Tax Reform Fund..................$2,361
2State Construction Account Fund.......................$37,865
3State Gaming Fund.....................................$94,435
4State Garage Revolving Fund............................$8,977
5State Lottery Fund...................................$340,323
6State Pensions Fund..................................$500,000
7State Treasurer's Bank Services Trust Fund.............$1,295
8Supreme Court Special Purposes Fund....................$1,722
9Tattoo and & Body Piercing Establishment
10    Registration Fund....................................$950
11Tax Compliance and & Administration Fund...............$1,483
12Technology Management Revolving Fund.................$186,193
13Tobacco Settlement Recovery Fund......................$29,864
14Tourism Promotion Fund................................$50,155
15Transportation Regulatory Fund........................$78,256
16Trauma Center Fund.....................................$1,960
17Underground Storage Tank Fund..........................$3,630
18University of Illinois IL Hospital Services Fund.......$6,712
19Vehicle Hijacking and Motor Vehicle
20    Theft Prevention and Insurance
21    Verification Trust Fund...........................$10,970
22Vehicle Inspection Fund................................$5,069
23Weights and Measures Fund.............................$22,129
24Youth Alcoholism and & Substance Abuse Prevention Fund...$526
25    Notwithstanding any provision of the law to the contrary,
26the General Assembly hereby authorizes the use of such funds

 

 

HB5823- 298 -LRB103 40434 AWJ 72767 b

1for the purposes set forth in this Section.
2    These provisions do not apply to funds classified by the
3Comptroller as federal trust funds or State trust funds. The
4Audit Expense Fund may receive transfers from those trust
5funds only as directed herein, except where prohibited by the
6terms of the trust fund agreement. The Auditor General shall
7notify the trustees of those funds of the estimated cost of the
8audit to be incurred under the Illinois State Auditing Act for
9the fund. The trustees of those funds shall direct the State
10Comptroller and Treasurer to transfer the estimated amount to
11the Audit Expense Fund.
12    The Auditor General may bill entities that are not subject
13to the above transfer provisions, including private entities,
14related organizations and entities whose funds are
15locally-held, for the cost of audits, studies, and
16investigations incurred on their behalf. Any revenues received
17under this provision shall be deposited into the Audit Expense
18Fund.
19    In the event that moneys on deposit in any fund are
20unavailable, by reason of deficiency or any other reason
21preventing their lawful transfer, the State Comptroller shall
22order transferred and the State Treasurer shall transfer the
23amount deficient or otherwise unavailable from the General
24Revenue Fund for deposit into the Audit Expense Fund.
25    On or before December 1, 1992, and each December 1
26thereafter, the Auditor General shall notify the Governor's

 

 

HB5823- 299 -LRB103 40434 AWJ 72767 b

1Office of Management and Budget (formerly Bureau of the
2Budget) of the amount estimated to be necessary to pay for
3audits, studies, and investigations in accordance with the
4Illinois State Auditing Act during the next succeeding fiscal
5year for each State fund for which a transfer or reimbursement
6is anticipated.
7    Beginning with fiscal year 1994 and during each fiscal
8year thereafter, the Auditor General may direct the State
9Comptroller and Treasurer to transfer moneys from funds
10authorized by the General Assembly for that fund. In the event
11funds, including federal and State trust funds but excluding
12the General Revenue Fund, are transferred, during fiscal year
131994 and during each fiscal year thereafter, in excess of the
14amount to pay actual costs attributable to audits, studies,
15and investigations as permitted or required by the Illinois
16State Auditing Act or specific action of the General Assembly,
17the Auditor General shall, on September 30, or as soon
18thereafter as is practicable, direct the State Comptroller and
19Treasurer to transfer the excess amount back to the fund from
20which it was originally transferred.
21(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
22103-8, eff. 6-7-23; 103-129, eff. 6-30-23; revised 11-21-23.)
 
23    (30 ILCS 105/6z-109)
24    Sec. 6z-109. Metropolitan Mobility Regional Transportation
25Authority Capital Improvement Fund.

 

 

HB5823- 300 -LRB103 40434 AWJ 72767 b

1    (a) The Metropolitan Mobility Regional Transportation
2Authority Capital Improvement Fund is created as a special
3fund in the State treasury and shall receive a portion of the
4moneys deposited into the Transportation Renewal Fund from
5Motor Fuel Tax revenues pursuant to Section 8b of the Motor
6Fuel Tax Law.
7    (b) Money in the Metropolitan Mobility Regional
8Transportation Authority Capital Improvement Fund shall be
9used exclusively for transportation-related purposes as
10described in Section 11 of Article IX of the Illinois
11Constitution of 1970.
12(Source: P.A. 101-30, eff. 6-28-19.)
 
13    (30 ILCS 105/8.3)
14    Sec. 8.3. Money in the Road Fund shall, if and when the
15State of Illinois incurs any bonded indebtedness for the
16construction of permanent highways, be set aside and used for
17the purpose of paying and discharging annually the principal
18and interest on that bonded indebtedness then due and payable,
19and for no other purpose. The surplus, if any, in the Road Fund
20after the payment of principal and interest on that bonded
21indebtedness then annually due shall be used as follows:
22        first -- to pay the cost of administration of Chapters
23    2 through 10 of the Illinois Vehicle Code, except the cost
24    of administration of Articles I and II of Chapter 3 of that
25    Code, and to pay the costs of the Executive Ethics

 

 

HB5823- 301 -LRB103 40434 AWJ 72767 b

1    Commission for oversight and administration of the Chief
2    Procurement Officer appointed under paragraph (2) of
3    subsection (a) of Section 10-20 of the Illinois
4    Procurement Code for transportation; and
5        secondly -- for expenses of the Department of
6    Transportation for construction, reconstruction,
7    improvement, repair, maintenance, operation, and
8    administration of highways in accordance with the
9    provisions of laws relating thereto, or for any purpose
10    related or incident to and connected therewith, including
11    the separation of grades of those highways with railroads
12    and with highways and including the payment of awards made
13    by the Illinois Workers' Compensation Commission under the
14    terms of the Workers' Compensation Act or Workers'
15    Occupational Diseases Act for injury or death of an
16    employee of the Division of Highways in the Department of
17    Transportation; or for the acquisition of land and the
18    erection of buildings for highway purposes, including the
19    acquisition of highway right-of-way or for investigations
20    to determine the reasonably anticipated future highway
21    needs; or for making of surveys, plans, specifications and
22    estimates for and in the construction and maintenance of
23    flight strips and of highways necessary to provide access
24    to military and naval reservations, to defense industries
25    and defense-industry sites, and to the sources of raw
26    materials and for replacing existing highways and highway

 

 

HB5823- 302 -LRB103 40434 AWJ 72767 b

1    connections shut off from general public use at military
2    and naval reservations and defense-industry sites, or for
3    the purchase of right-of-way, except that the State shall
4    be reimbursed in full for any expense incurred in building
5    the flight strips; or for the operating and maintaining of
6    highway garages; or for patrolling and policing the public
7    highways and conserving the peace; or for the operating
8    expenses of the Department relating to the administration
9    of public transportation programs; or, during fiscal year
10    2023, for the purposes of a grant not to exceed $8,394,800
11    to the Regional Transportation Authority (now the
12    Metropolitan Mobility Transportation Authority) on behalf
13    of PACE for the purpose of ADA/Para-transit expenses; or,
14    during fiscal year 2024, for the purposes of a grant not to
15    exceed $9,108,400 to the Regional Transportation Authority
16    (now the Metropolitan Mobility Transportation Authority)
17    on behalf of PACE for the purpose of ADA/Para-transit
18    expenses; or for any of those purposes or any other
19    purpose that may be provided by law.
20    Appropriations for any of those purposes are payable from
21the Road Fund. Appropriations may also be made from the Road
22Fund for the administrative expenses of any State agency that
23are related to motor vehicles or arise from the use of motor
24vehicles.
25    Beginning with fiscal year 1980 and thereafter, no Road
26Fund monies shall be appropriated to the following Departments

 

 

HB5823- 303 -LRB103 40434 AWJ 72767 b

1or agencies of State government for administration, grants, or
2operations; but this limitation is not a restriction upon
3appropriating for those purposes any Road Fund monies that are
4eligible for federal reimbursement:
5        1. Department of Public Health;
6        2. Department of Transportation, only with respect to
7    subsidies for one-half fare Student Transportation and
8    Reduced Fare for Elderly, except fiscal year 2023 when no
9    more than $17,570,000 may be expended and except fiscal
10    year 2024 when no more than $19,063,500 may be expended;
11        3. Department of Central Management Services, except
12    for expenditures incurred for group insurance premiums of
13    appropriate personnel;
14        4. Judicial Systems and Agencies.
15    Beginning with fiscal year 1981 and thereafter, no Road
16Fund monies shall be appropriated to the following Departments
17or agencies of State government for administration, grants, or
18operations; but this limitation is not a restriction upon
19appropriating for those purposes any Road Fund monies that are
20eligible for federal reimbursement:
21        1. Illinois State Police, except for expenditures with
22    respect to the Division of Patrol and Division of Criminal
23    Investigation;
24        2. Department of Transportation, only with respect to
25    Intercity Rail Subsidies, except fiscal year 2023 when no
26    more than $55,000,000 may be expended and except fiscal

 

 

HB5823- 304 -LRB103 40434 AWJ 72767 b

1    year 2024 when no more than $60,000,000 may be expended,
2    and Rail Freight Services.
3    Beginning with fiscal year 1982 and thereafter, no Road
4Fund monies shall be appropriated to the following Departments
5or agencies of State government for administration, grants, or
6operations; but this limitation is not a restriction upon
7appropriating for those purposes any Road Fund monies that are
8eligible for federal reimbursement: Department of Central
9Management Services, except for awards made by the Illinois
10Workers' Compensation Commission under the terms of the
11Workers' Compensation Act or Workers' Occupational Diseases
12Act for injury or death of an employee of the Division of
13Highways in the Department of Transportation.
14    Beginning with fiscal year 1984 and thereafter, no Road
15Fund monies shall be appropriated to the following Departments
16or agencies of State government for administration, grants, or
17operations; but this limitation is not a restriction upon
18appropriating for those purposes any Road Fund monies that are
19eligible for federal reimbursement:
20        1. Illinois State Police, except not more than 40% of
21    the funds appropriated for the Division of Patrol and
22    Division of Criminal Investigation;
23        2. State Officers.
24    Beginning with fiscal year 1984 and thereafter, no Road
25Fund monies shall be appropriated to any Department or agency
26of State government for administration, grants, or operations

 

 

HB5823- 305 -LRB103 40434 AWJ 72767 b

1except as provided hereafter; but this limitation is not a
2restriction upon appropriating for those purposes any Road
3Fund monies that are eligible for federal reimbursement. It
4shall not be lawful to circumvent the above appropriation
5limitations by governmental reorganization or other methods.
6Appropriations shall be made from the Road Fund only in
7accordance with the provisions of this Section.
8    Money in the Road Fund shall, if and when the State of
9Illinois incurs any bonded indebtedness for the construction
10of permanent highways, be set aside and used for the purpose of
11paying and discharging during each fiscal year the principal
12and interest on that bonded indebtedness as it becomes due and
13payable as provided in the Transportation Bond Act, and for no
14other purpose. The surplus, if any, in the Road Fund after the
15payment of principal and interest on that bonded indebtedness
16then annually due shall be used as follows:
17        first -- to pay the cost of administration of Chapters
18    2 through 10 of the Illinois Vehicle Code; and
19        secondly -- no Road Fund monies derived from fees,
20    excises, or license taxes relating to registration,
21    operation and use of vehicles on public highways or to
22    fuels used for the propulsion of those vehicles, shall be
23    appropriated or expended other than for costs of
24    administering the laws imposing those fees, excises, and
25    license taxes, statutory refunds and adjustments allowed
26    thereunder, administrative costs of the Department of

 

 

HB5823- 306 -LRB103 40434 AWJ 72767 b

1    Transportation, including, but not limited to, the
2    operating expenses of the Department relating to the
3    administration of public transportation programs, payment
4    of debts and liabilities incurred in construction and
5    reconstruction of public highways and bridges, acquisition
6    of rights-of-way for and the cost of construction,
7    reconstruction, maintenance, repair, and operation of
8    public highways and bridges under the direction and
9    supervision of the State, political subdivision, or
10    municipality collecting those monies, or during fiscal
11    year 2023 for the purposes of a grant not to exceed
12    $8,394,800 to the Regional Transportation Authority (now
13    the Metropolitan Mobility Transportation Authority) on
14    behalf of PACE for the purpose of ADA/Para-transit
15    expenses, or during fiscal year 2024 for the purposes of a
16    grant not to exceed $9,108,400 to the Regional
17    Transportation Authority (now the Metropolitan Mobility
18    Transportation Authority) on behalf of PACE for the
19    purpose of ADA/Para-transit expenses, and the costs for
20    patrolling and policing the public highways (by the State,
21    political subdivision, or municipality collecting that
22    money) for enforcement of traffic laws. The separation of
23    grades of such highways with railroads and costs
24    associated with protection of at-grade highway and
25    railroad crossing shall also be permissible.
26    Appropriations for any of such purposes are payable from

 

 

HB5823- 307 -LRB103 40434 AWJ 72767 b

1the Road Fund or the Grade Crossing Protection Fund as
2provided in Section 8 of the Motor Fuel Tax Law.
3    Except as provided in this paragraph, beginning with
4fiscal year 1991 and thereafter, no Road Fund monies shall be
5appropriated to the Illinois State Police for the purposes of
6this Section in excess of its total fiscal year 1990 Road Fund
7appropriations for those purposes unless otherwise provided in
8Section 5g of this Act. For fiscal years 2003, 2004, 2005,
92006, and 2007 only, no Road Fund monies shall be appropriated
10to the Department of State Police for the purposes of this
11Section in excess of $97,310,000. For fiscal year 2008 only,
12no Road Fund monies shall be appropriated to the Department of
13State Police for the purposes of this Section in excess of
14$106,100,000. For fiscal year 2009 only, no Road Fund monies
15shall be appropriated to the Department of State Police for
16the purposes of this Section in excess of $114,700,000.
17Beginning in fiscal year 2010, no Road Fund road fund moneys
18shall be appropriated to the Illinois State Police. It shall
19not be lawful to circumvent this limitation on appropriations
20by governmental reorganization or other methods unless
21otherwise provided in Section 5g of this Act.
22    In fiscal year 1994, no Road Fund monies shall be
23appropriated to the Secretary of State for the purposes of
24this Section in excess of the total fiscal year 1991 Road Fund
25appropriations to the Secretary of State for those purposes,
26plus $9,800,000. It shall not be lawful to circumvent this

 

 

HB5823- 308 -LRB103 40434 AWJ 72767 b

1limitation on appropriations by governmental reorganization or
2other method.
3    Beginning with fiscal year 1995 and thereafter, no Road
4Fund monies shall be appropriated to the Secretary of State
5for the purposes of this Section in excess of the total fiscal
6year 1994 Road Fund appropriations to the Secretary of State
7for those purposes. It shall not be lawful to circumvent this
8limitation on appropriations by governmental reorganization or
9other methods.
10    Beginning with fiscal year 2000, total Road Fund
11appropriations to the Secretary of State for the purposes of
12this Section shall not exceed the amounts specified for the
13following fiscal years:
14    Fiscal Year 2000$80,500,000;
15    Fiscal Year 2001$80,500,000;
16    Fiscal Year 2002$80,500,000;
17    Fiscal Year 2003$130,500,000;
18    Fiscal Year 2004$130,500,000;
19    Fiscal Year 2005$130,500,000;
20    Fiscal Year 2006 $130,500,000;
21    Fiscal Year 2007 $130,500,000;
22    Fiscal Year 2008$130,500,000;
23    Fiscal Year 2009 $130,500,000.
24    For fiscal year 2010, no road fund moneys shall be
25appropriated to the Secretary of State.
26    Beginning in fiscal year 2011, moneys in the Road Fund

 

 

HB5823- 309 -LRB103 40434 AWJ 72767 b

1shall be appropriated to the Secretary of State for the
2exclusive purpose of paying refunds due to overpayment of fees
3related to Chapter 3 of the Illinois Vehicle Code unless
4otherwise provided for by law.
5    It shall not be lawful to circumvent this limitation on
6appropriations by governmental reorganization or other
7methods.
8    No new program may be initiated in fiscal year 1991 and
9thereafter that is not consistent with the limitations imposed
10by this Section for fiscal year 1984 and thereafter, insofar
11as appropriation of Road Fund monies is concerned.
12    Nothing in this Section prohibits transfers from the Road
13Fund to the State Construction Account Fund under Section 5e
14of this Act; nor to the General Revenue Fund, as authorized by
15Public Act 93-25.
16    The additional amounts authorized for expenditure in this
17Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
18shall be repaid to the Road Fund from the General Revenue Fund
19in the next succeeding fiscal year that the General Revenue
20Fund has a positive budgetary balance, as determined by
21generally accepted accounting principles applicable to
22government.
23    The additional amounts authorized for expenditure by the
24Secretary of State and the Department of State Police in this
25Section by Public Act 94-91 shall be repaid to the Road Fund
26from the General Revenue Fund in the next succeeding fiscal

 

 

HB5823- 310 -LRB103 40434 AWJ 72767 b

1year that the General Revenue Fund has a positive budgetary
2balance, as determined by generally accepted accounting
3principles applicable to government.
4(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
5102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
66-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)
 
7    (30 ILCS 105/8.25g)
8    Sec. 8.25g. The Civic and Transit Infrastructure Fund. The
9Civic and Transit Infrastructure Fund is created as a special
10fund in the State treasury Treasury. Money in the Civic and
11Transit Infrastructure Fund shall, when the State of Illinois
12incurs infrastructure indebtedness pursuant to the
13public-private partnership entered into by the public agency
14on behalf of the State of Illinois with private entity
15pursuant to the Public-Private Partnership for Civic and
16Transit Infrastructure Project Act, be used for the purpose of
17paying and discharging monthly the principal and interest on
18that infrastructure indebtedness then due and payable
19consistent with the term established in the public-private
20agreement entered into by the public agency on behalf of the
21State of Illinois. The public agency shall, pursuant to its
22authority under the Public-Private Partnership for Civic and
23Transit Infrastructure Project Act, annually certify to the
24State Comptroller and the State Treasurer the amount necessary
25and required, during the fiscal year with respect to which the

 

 

HB5823- 311 -LRB103 40434 AWJ 72767 b

1certification is made, to pay the amounts due under the
2Public-Private Partnership for Civic and Transit
3Infrastructure Project Act. On or before the last day of each
4month, the State Comptroller and State Treasurer shall
5transfer the moneys required to be deposited into the Fund
6under Section 3 of the Retailers' Occupation Tax Act and the
7Public-Private Partnership for Civic and Transit
8Infrastructure Project Act and shall pay from that Fund the
9required amount certified by the public agency, plus any
10cumulative deficiency in such transfers and payments for prior
11months, to the public agency for distribution pursuant to the
12Public-Private Partnership for Civic and Transit
13Infrastructure Project Act. Such transferred amount shall be
14sufficient to pay all amounts due under the Public-Private
15Partnership for Civic and Transit Infrastructure Project Act.
16Provided that all amounts deposited in the Fund have been paid
17accordingly under the Public-Private Partnership for Civic and
18Transit Infrastructure Project Act, all amounts remaining in
19the Civic and Transit Infrastructure Fund shall be held in
20that Fund for other subsequent payments required under the
21Public-Private Partnership for Civic and Transit
22Infrastructure Project Act. In the event the State fails to
23pay the amount necessary and required under the Public-Private
24Partnership for Civic and Transit Infrastructure Project Act
25for any reason during the fiscal year with respect to which the
26certification is made or if the State takes any steps that

 

 

HB5823- 312 -LRB103 40434 AWJ 72767 b

1result in an impact to the irrevocable, first priority pledge
2of and lien on moneys on deposit in the Civic and Transit
3Infrastructure Fund, the public agency shall certify such
4delinquent amounts to the State Comptroller and the State
5Treasurer and the State Comptroller and the State Treasurer
6shall take all steps required to intercept the tax revenues
7collected from within the boundary of the civic transit
8infrastructure project pursuant to Section 3 of the Retailers'
9Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of
10the Service Use Tax Act, Section 9 of the Service Occupation
11Tax Act, Section 6.02 4.03 of the Metropolitan Mobility
12Regional Transportation Authority Act, and Section 6 of the
13Hotel Operators' Occupation Tax Act, and shall pay such
14amounts to the Fund for distribution by the public agency for
15the time period required to ensure that the State's
16distribution requirements under the Public-Private Partnership
17for Civic and Transit Infrastructure Project Act are fully
18met.
19    As used in the Section, "private entity", "public-private
20agreement", and "public agency" have meanings provided in
21Section 25-10 of the Public-Private Partnership for Civic and
22Transit Infrastructure Project Act.
23(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)
 
24    Section 8.14. The State Officers and Employees Money
25Disposition Act is amended by changing Section 2a as follows:
 

 

 

HB5823- 313 -LRB103 40434 AWJ 72767 b

1    (30 ILCS 230/2a)  (from Ch. 127, par. 172)
2    Sec. 2a. Every officer, board, commission, commissioner,
3department, institute, arm, or agency to whom or to which this
4Act applies is to notify the State Treasurer as to money paid
5to him, her, or it under protest as provided in Section 2a.1,
6and the Treasurer is to place the money in a special fund to be
7known as the protest fund. At the expiration of 30 days from
8the date of payment, the money is to be transferred from the
9protest fund to the appropriate fund in which it would have
10been placed had there been payment without protest unless the
11party making that payment under protest has filed a complaint
12and secured within that 30 days a temporary restraining order
13or a preliminary injunction, restraining the making of that
14transfer and unless, in addition, within that 30 days, a copy
15of the temporary restraining order or preliminary injunction
16has been served upon the State Treasurer and also upon the
17officer, board, commission, commissioner, department,
18institute, arm, or agency to whom or to which the payment under
19protest was made, in which case the payment and such other
20payments as are subsequently made under notice of protest, as
21provided in Section 2a.1, by the same person, the transfer of
22which payments is restrained by such temporary restraining
23order or preliminary injunction, are to be held in the protest
24fund until the final order or judgment of the court. The
25judicial remedy herein provided, however, relates only to

 

 

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1questions which must be decided by the court in determining
2the proper disposition of the moneys paid under protest. Any
3authorized payment from the protest fund shall bear simple
4interest at a rate equal to the average of the weekly rates at
5issuance on 13-week U.S. Treasury Bills from the date of
6deposit into the protest fund to the date of disbursement from
7the protest fund. In cases involving temporary restraining
8orders or preliminary injunctions entered March 10, 1982, or
9thereafter, pursuant to this Section, when the party paying
10under protest fails in the protest action the State Treasurer
11shall determine if any moneys paid under protest were paid as a
12result of assessments under the following provisions: the
13Municipal Retailers' Occupation Tax Act, the Municipal Service
14Occupation Tax Act, the Municipal Use Tax Act, the Municipal
15Automobile Renting Occupation Tax Act, the Municipal
16Automobile Renting Use Tax Act, Section 8-11-9 of the Illinois
17Municipal Code, the Tourism, Conventions and Other Special
18Events Promotion Act of 1967, the County Automobile Renting
19Occupation Tax Act, the County Automobile Renting Use Tax Act,
20Section 5-1034 of the Counties Code, Section 5.01 of the Local
21Mass Transit District Act, the Downstate Public Transportation
22Act, Section 6.02 4.03 of the Metropolitan Mobility Regional
23Transportation Authority Act, subsections (c) and (d) of
24Section 201 of the Illinois Income Tax Act, Section 2a.1 of the
25Messages Tax Act, Section 2a.1 of the Gas Revenue Tax Act,
26Section 2a.1 of the Public Utilities Revenue Act, and the

 

 

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1Water Company Invested Capital Tax Act. Any such moneys paid
2under protest shall bear simple interest at a rate equal to the
3average of the weekly rates at issuance on 13-week U.S.
4Treasury Bills from the date of deposit into the protest fund
5to the date of disbursement from the protest fund.
6    It is unlawful for the Clerk of a court, a bank or any
7person other than the State Treasurer to be appointed as
8trustee with respect to any purported payment under protest,
9or otherwise to be authorized by a court to hold any purported
10payment under protest, during the pendency of the litigation
11involving such purported payment under protest, it being the
12expressed intention of the General Assembly that no one is to
13act as custodian of any such purported payment under protest
14except the State Treasurer.
15    No payment under protest within the meaning of this Act
16has been made unless paid to an officer, board, commission,
17commissioner, department, institute, arm or agency brought
18within this Act by Section 1 and unless made in the form
19specified by Section 2a.1. No payment into court or to a
20circuit clerk or other court-appointed trustee is a payment
21under protest within the meaning of this Act.
22(Source: P.A. 87-950.)
 
23    Section 8.15. The Transportation Bond Act is amended by
24changing Section 2 as follows:
 

 

 

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1    (30 ILCS 415/2)  (from Ch. 127, par. 702)
2    Sec. 2. The State of Illinois is authorized to issue, sell
3and provide for the retirement of bonds of the State of
4Illinois in the amount of $1,729,000,000, hereinafter called
5the "Bonds", for the specific purpose of promoting and
6assuring rapid, efficient, and safe highway, air and mass
7transportation for the inhabitants of the State by providing
8monies, including the making of grants and loans, to be used
9for the acquisition, construction, reconstruction, extension
10and improvement of the following transportation facilities and
11equipment and for the acquisition of real property and
12interests in real property required or expected to be required
13in connection therewith, and within the limitations set forth
14in Section 5.1 of this Act for the specific purpose set forth
15in Section 2(b) (2) and (3) of this Act:
16    (a) (1) the acquisition, construction, reconstruction,
17extension and improvement of State highways, arterial
18highways, freeways, roads, structures separating highways and
19railroads and bridges; and
20    (2) the repair and reconstruction of bridges on roads
21maintained by counties, municipalities, townships or road
22districts;
23    (b) (1) the acquisition, construction, extension,
24reconstruction and improvement of mass transportation
25facilities including rapid transit, rail, bus and other
26equipment used in connection therewith by the State or any

 

 

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1unit of local government, special transportation district,
2municipal corporation or other corporation or public authority
3authorized to provide and promote public transportation within
4the State or two or more of the foregoing acting jointly; and
5    (2) for the purpose of providing immediate relief from
6existing or impending inability to meet principal and interest
7payments and thereby aiding in achieving the maximum benefit
8for the public from the transportation capital improvement
9program, to provide funds for any payments required to be made
10for principal of and interest on bonds, certificates,
11equipment trust certificates or other evidences of
12indebtedness issued or guaranteed prior to the passage of this
13Act by the State or any unit of local government, special
14transportation district, municipal corporation or other
15corporation or public authority authorized to provide public
16transportation within the State, or two or more of the
17foregoing acting jointly, pursuant to any indenture,
18ordinance, resolution, agreement or contract to obtain and
19finance transportation facilities; and,
20    (3) for the purpose of reimbursing the General Revenue
21Fund for monies paid from the General Revenue Fund after
22passage of this Act for the purpose described in Section 2(b)
23(2).
24    (c) the acquisition, construction, extension,
25reconstruction, and improvement of airport or aviation
26facilities and any equipment used in connection therewith,

 

 

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1including reimbursement for certain engineering and land
2acquisition costs as provided in Section 34a of the "Illinois
3Aeronautics Act", approved July 24, 1945, as amended, by the
4State or any unit of local government, special transportation
5district, municipal corporation or other corporation or public
6authority authorized to provide public transportation within
7the State or two or more of the foregoing acting jointly.
8    $1,326,000,000 of the Bonds will be used for State highway
9acquisition, construction, reconstruction, extension and
10improvement as specifically described herein, hereinafter
11called the "Transportation Bonds, Series A". $363,000,000 of
12the Bonds will be used for the mass transportation purposes
13specifically described herein and $40,000,000 of the Bonds
14will be used for the aviation purposes specifically described
15herein, such $403,000,000 of Bonds collectively hereinafter
16called the "Transportation Bonds, Series B".
17    The $75,000,000 authorized for mass transportation
18purposes by this amendatory Act of 1973 shall be used for the
19acquisition of mass transportation equipment including rail
20and bus, and other equipment used in connection therewith for
21the area comprising the counties of DuPage, Kane, Lake,
22McHenry and Will, and that portion of the County of Cook
23outside the City of Chicago, as determined by the Metropolitan
24Mobility Regional Transportation Authority established
25pursuant to the Metropolitan Mobility "The Regional
26Transportation Authority Act", enacted by the 78th General

 

 

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1Assembly. The proceeds of the sale of such bonds shall be
2expended only to, or with the approval of, such Authority.
3Nothing in this paragraph prohibits that Authority from using
4or approving the use of such proceeds for purposes of
5acquisition of mass transportation equipment for use between
6such area and other areas.
7    Of the Bonds authorized to be used for highway purposes,
8the proceeds of $14,965,100 of such bonds shall be used by the
9Department of Transportation for the purpose of the repair and
10reconstruction of unsafe and substandard bridges on roads
11maintained by counties, municipalities, townships and road
12districts under the Illinois Highway Code and the proceeds of
13$12,000,000 of such bonds shall be used by the Department of
14Transportation for the same purposes as provided in Sections
156-902 through 6-905 of the Illinois Highway Code.
16    Of the Bonds authorized to be sold for highway purposes,
17the proceeds of $36,939,400 of the Bonds shall be used for such
18purposes within the City of Chicago, the proceeds of
19$42,457,000 of the Bonds shall be used for such purposes in the
20Chicago urbanized area, the proceeds of $46,359,000 of the
21bonds shall be used for such purposes outside the Chicago
22urbanized area, the proceeds of $142,105,500 of the Bonds
23shall be used for such purposes within the Counties of Cook,
24DuPage, Kane, Lake, McHenry and Will, the proceeds of
25$181,139,100 of the Bonds shall be used for such purposes
26within the Counties of the State outside the Counties of Cook,

 

 

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1DuPage, Kane, Lake, McHenry and Will.
2    Of the $106,000,000 of Bonds authorized to be sold for
3mass transportation purposes by this amendatory Act of 1979,
4$98,000,000 of the Bonds shall be used for such purposes
5within the Counties of Cook, DuPage, Kane, Lake, McHenry and
6Will and the proceeds of $8,000,000 of the Bonds shall be used
7for such purposes within the Counties of the State outside the
8Counties of Cook, DuPage, Kane, Lake, McHenry and Will.
9(Source: P.A. 86-453.)
 
10    Section 8.16. The Downstate Public Transportation Act is
11amended by changing Sections 2-2.02, 3-1.02, and 4-1.7 as
12follows:
 
13    (30 ILCS 740/2-2.02)  (from Ch. 111 2/3, par. 662.02)
14    Sec. 2-2.02. "Participant" means:
15    (1) a city, village, or incorporated town, a county, or a
16local mass transit district organized under the Local Mass
17Transit District Act (a) serving an urbanized area of over
1850,000 population or (b) serving a nonurbanized area; or
19    (2) any Metro-East Transit District established pursuant
20to Section 3 of the Local Mass Transit District Act and serving
21one or more of the Counties of Madison, Monroe, and St. Clair
22during Fiscal Year 1989, all located outside the boundaries of
23the Metropolitan Mobility Regional Transportation Authority as
24established pursuant to the Metropolitan Mobility Regional

 

 

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1Transportation Authority Act.
2(Source: P.A. 94-70, eff. 6-22-05.)
 
3    (30 ILCS 740/3-1.02)  (from Ch. 111 2/3, par. 683)
4    Sec. 3-1.02. "Participant" means any county located
5outside the boundaries of the Metropolitan Mobility Regional
6Transportation Authority as established under the Metropolitan
7Mobility Regional Transportation Authority Act and outside the
8Bi-State Metropolitan Development District established under
9an Act approved July 26, 1949, except that beginning, July 1,
101987 the counties within the boundaries of the Bi-State
11Metropolitan Development District may be eligible for capital
12assistance only, or within such county any municipality with
1320,000 or more population that is not included in an urbanized
14area or the boundaries of a local mass transit district; or
15within such county any municipality with 20,000 or less
16population receiving State mass transportation operating
17assistance under the Downstate Public Transportation Act
18during Fiscal Year 1979; or within such county or counties a
19local mass transit district organized under the Local local
20Mass Transit District Act which is not included in an
21urbanized area or the boundaries of a local mass transit
22district which includes an urbanized area; provided, however,
23that no such entity shall be eligible to participate unless it
24agrees to adhere to the regulations and requirements of the
25Secretary of Transportation of the federal Department of

 

 

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1Transportation affecting Section 18 assistance or any other
2conditions as deemed reasonable and necessary by the Illinois
3Department of Transportation.
4(Source: P.A. 87-1235.)
 
5    (30 ILCS 740/4-1.7)  (from Ch. 111 2/3, par. 699.7)
6    Sec. 4-1.7. "Participant" means (1) a city, village or
7incorporated town, or a local mass transit district organized
8under the Local Mass Transit District Act, that is named as a
9designated recipient by the Governor, or is eligible to
10receive federal UMTA Section 9 funds, or (2) the recipient
11designated by the Governor within the Bi-State Metropolitan
12Development District; provided that such entity is all located
13outside the boundaries of the Metropolitan Mobility Regional
14Transportation Authority as established pursuant to the
15Metropolitan Mobility Regional Transportation Authority Act,
16as amended, and has formally requested to participate in the
17program defined in this Article. However, no such entity shall
18be eligible to participate unless it agrees to adhere to the
19regulations and requirements of the Secretary of
20Transportation of the federal Department of Transportation
21affecting UMTA Section 9 assistance or any other conditions
22that are deemed reasonable and necessary by the Illinois
23Department of Transportation.
24(Source: P.A. 86-16.)
 

 

 

HB5823- 323 -LRB103 40434 AWJ 72767 b

1    Section 8.17. The State Mandates Act is amended by
2changing Section 8.47 as follows:
 
3    (30 ILCS 805/8.47)
4    Sec. 8.47. Exempt mandate.
5    (a) Notwithstanding Sections 6 and 8 of this Act, no
6reimbursement by the State is required for the implementation
7of any mandate created by Public Act 103-2, 103-110, 103-409,
8103-455, 103-529, 103-552, 103-553, 103-579, or 103-582 this
9amendatory Act of the 103rd General Assembly.
10    (b) Notwithstanding Sections 6 and 8 of this Act, no
11reimbursement by the State is required for the implementation
12of any mandate created by the Decennial Committees on Local
13Government Efficiency Act.
14    (c) Notwithstanding Sections 6 and 8 of this Act, no
15reimbursement by the State is required for the implementation
16of the mandate created by Section 2.10a of the Regional
17Transportation Authority Act (now Section 4.25 of the
18Metropolitan Mobility Authority Act) in Public Act 103-281
19this amendatory Act of the 103rd General Assembly.
20(Source: P.A. 102-1136, eff. 2-10-23; 103-2, eff. 5-10-23;
21103-110, eff. 6-29-23; 103-281, eff. 1-1-24; 103-409, eff.
221-1-24; 103-455, eff. 1-1-24; 103-529, eff. 8-11-23; 103-552,
23eff. 8-11-23; 103-553, eff. 8-11-23; 103-579, eff. 12-8-23;
24103-582, eff. 12-8-23; revised 1-2-24.)
 

 

 

HB5823- 324 -LRB103 40434 AWJ 72767 b

1    Section 8.18. The Use Tax Act is amended by changing
2Sections 2b and 22 as follows:
 
3    (35 ILCS 105/2b)  (from Ch. 120, par. 439.2b)
4    Sec. 2b. "Selling price" does shall not include any
5amounts added to prices by sellers on account of the seller's
6duty to collect any tax imposed under the Metropolitan
7Mobility "Regional Transportation Authority Act", enacted by
8the 78th General Assembly.
9(Source: P.A. 78-3rd S.S.-12.)
 
10    (35 ILCS 105/22)  (from Ch. 120, par. 439.22)
11    Sec. 22. If it is determined that the Department should
12issue a credit or refund under this Act, the Department may
13first apply the amount thereof against any amount of tax or
14penalty or interest due hereunder, or under the Retailers'
15Occupation Tax Act, the Service Occupation Tax Act, the
16Service Use Tax Act, any local occupation or use tax
17administered by the Department, Section 4 of the Water
18Commission Act of 1985, subsections (b), (c) and (d) of
19Section 5.01 of the Local Mass Transit District Act, or
20subsections (e), (m), and (r) of Section 6.02 of the
21Metropolitan Mobility Authority Act (e), (f) and (g) of
22Section 4.03 of the Regional Transportation Authority Act,
23from the person entitled to such credit or refund. For this
24purpose, if proceedings are pending to determine whether or

 

 

HB5823- 325 -LRB103 40434 AWJ 72767 b

1not any tax or penalty or interest is due under this Act or
2under the Retailers' Occupation Tax Act, the Service
3Occupation Tax Act, the Service Use Tax Act, any local
4occupation or use tax administered by the Department, Section
54 of the Water Commission Act of 1985, subsections (b), (c) and
6(d) of Section 5.01 of the Local Mass Transit District Act, or
7subsections (e), (m), and (r) of Section 6.02 of the
8Metropolitan Mobility Authority Act (e), (f) and (g) of
9Section 4.03 of the Regional Transportation Authority Act,
10from such person, the Department may withhold issuance of the
11credit or refund pending the final disposition of such
12proceedings and may apply such credit or refund against any
13amount found to be due to the Department as a result of such
14proceedings. The balance, if any, of the credit or refund
15shall be issued to the person entitled thereto.
16    Any credit memorandum issued hereunder may be used by the
17authorized holder thereof to pay any tax or penalty or
18interest due or to become due under this Act or under the
19Retailers' Occupation Tax Act, the Service Occupation Tax Act,
20the Service Use Tax Act, any local occupation or use tax
21administered by the Department, Section 4 of the Water
22Commission Act of 1985, subsections (b), (c) and (d) of
23Section 5.01 of the Local Mass Transit District Act, or
24subsections (e), (m), and (r) of Section 6.02 of the
25Metropolitan Mobility Authority Act (e), (f) and (g) of
26Section 4.03 of the Regional Transportation Authority Act,

 

 

HB5823- 326 -LRB103 40434 AWJ 72767 b

1from such holder. Subject to reasonable rules of the
2Department, a credit memorandum issued hereunder may be
3assigned by the holder thereof to any other person for use in
4paying tax or penalty or interest which may be due or become
5due under this Act or under the Retailers' Occupation Tax Act,
6the Service Occupation Tax Act or the Service Use Tax Act, from
7the assignee.
8    In any case in which there has been an erroneous refund of
9tax payable under this Act, a notice of tax liability may be
10issued at any time within 3 years from the making of that
11refund, or within 5 years from the making of that refund if it
12appears that any part of the refund was induced by fraud or the
13misrepresentation of a material fact. The amount of any
14proposed assessment set forth in the notice shall be limited
15to the amount of the erroneous refund.
16(Source: P.A. 91-901, eff. 1-1-01.)
 
17    Section 8.19. The Service Use Tax Act is amended by
18changing Section 20 as follows:
 
19    (35 ILCS 110/20)  (from Ch. 120, par. 439.50)
20    Sec. 20. If it is determined that the Department should
21issue a credit or refund hereunder, the Department may first
22apply the amount thereof against any amount of tax or penalty
23or interest due hereunder, or under the Service Occupation Tax
24Act, the Retailers' Occupation Tax Act, the Use Tax Act, any

 

 

HB5823- 327 -LRB103 40434 AWJ 72767 b

1local occupation or use tax administered by the Department,
2Section 4 of the Water Commission Act of 1985, subsections
3(b), (c) and (d) of Section 5.01 of the Local Mass Transit
4District Act, or subsections (e), (m), and (r) of Section 6.02
5of the Metropolitan Mobility Authority Act (e), (f) and (g) of
6Section 4.03 of the Regional Transportation Authority Act,
7from the person entitled to such credit or refund. For this
8purpose, if proceedings are pending to determine whether or
9not any tax or penalty or interest is due hereunder, or under
10the Service Occupation Tax Act, the Retailers' Occupation Tax
11Act, the Use Tax Act, any local occupation or use tax
12administered by the Department, Section 4 of the Water
13Commission Act of 1985, subsections (b), (c) and (d) of
14Section 5.01 of the Local Mass Transit District Act, or
15subsections (e), (m), and (r) of Section 6.02 of the
16Metropolitan Mobility Authority Act (e), (f) and (g) of
17Section 4.03 of the Regional Transportation Authority Act,
18from such person, the Department may withhold issuance of the
19credit or refund pending the final disposition of such
20proceedings and may apply such credit or refund against any
21amount found to be due to the Department as a result of such
22proceedings. The balance, if any, of the credit or refund
23shall be issued to the person entitled thereto.
24    Any credit memorandum issued hereunder may be used by the
25authorized holder thereof to pay any tax or penalty or
26interest due or to become due under this Act, the Service

 

 

HB5823- 328 -LRB103 40434 AWJ 72767 b

1Occupation Tax Act, the Retailers' Occupation Tax Act, the Use
2Tax Act, any local occupation or use tax administered by the
3Department, Section 4 of the Water Commission Act of 1985,
4subsections (b), (c) and (d) of Section 5.01 of the Local Mass
5Transit District Act, or subsections (e), (m), and (r) of
6Section 6.02 of the Metropolitan Mobility Authority Act (e),
7(f) and (g) of Section 4.03 of the Regional Transportation
8Authority Act, from such holder. Subject to reasonable rules
9of the Department, a credit memorandum issued hereunder may be
10assigned by the holder thereof to any other person for use in
11paying tax or penalty or interest which may be due or become
12due under this Act, the Service Occupation Tax Act, the
13Retailers' Occupation Tax Act, the Use Tax Act, any local
14occupation or use tax administered by the Department, Section
154 of the Water Commission Act of 1985, subsections (b), (c) and
16(d) of Section 5.01 of the Local Mass Transit District Act, or
17subsections (e), (m), and (r) of Section 6.02 of the
18Metropolitan Mobility Authority Act (e), (f) and (g) of
19Section 4.03 of the Regional Transportation Authority Act,
20from the assignee.
21    In any case which there has been an erroneous refund of tax
22payable under this Act, a notice of tax liability may be issued
23at any time within 3 years from the making of that refund, or
24within 5 years from the making of that refund if it appears
25that any part of the refund was induced by fraud or the
26misrepresentation of a material fact. The amount of any

 

 

HB5823- 329 -LRB103 40434 AWJ 72767 b

1proposed assessment set forth in the notice shall be limited
2to the amount of the erroneous refund.
3(Source: P.A. 91-901, eff. 1-1-01.)
 
4    Section 8.20. The Service Occupation Tax Act is amended by
5changing Section 20 as follows:
 
6    (35 ILCS 115/20)  (from Ch. 120, par. 439.120)
7    Sec. 20. If it is determined that the Department should
8issue a credit or refund hereunder, the Department may first
9apply the amount thereof against any amount of tax or penalty
10or interest due hereunder, or under the Service Use Tax Act,
11the Retailers' Occupation Tax Act, the Use Tax Act, any local
12occupation or use tax administered by the Department, Section
134 of the Water Commission Act of 1985, subsections (b), (c) and
14(d) of Section 5.01 of the Local Mass Transit District Act, or
15subsections (e), (m), and (r) of Section 6.02 of the
16Metropolitan Mobility Authority Act (e), (f) and (g) of
17Section 4.03 of the Regional Transportation Authority Act,
18from the person entitled to such credit or refund. For this
19purpose, if proceedings are pending to determine whether or
20not any tax or penalty or interest is due hereunder, or under
21the Service Use Tax Act, the Retailers' Occupation Tax Act,
22the Use Tax Act, any local occupation or use tax administered
23by the Department, Section 4 of the Water Commission Act of
241985, subsections (b), (c) and (d) of Section 5.01 of the Local

 

 

HB5823- 330 -LRB103 40434 AWJ 72767 b

1Mass Transit District Act, or subsections (e), (m), and (r) of
2Section 6.02 of the Metropolitan Mobility Authority Act (e),
3(f) and (g) of Section 4.03 of the Regional Transportation
4Authority Act, from such person, the Department may withhold
5issuance of the credit or refund pending the final disposition
6of such proceedings and may apply such credit or refund
7against any amount found to be due to the Department as a
8result of such proceedings. The balance, if any, of the credit
9or refund shall be issued to the person entitled thereto.
10    Any credit memorandum issued hereunder may be used by the
11authorized holder thereof to pay any tax or penalty or
12interest due or to become due under this Act, or under the
13Service Use Tax Act, the Retailers' Occupation Tax Act, the
14Use Tax Act, any local occupation or use tax administered by
15the Department, Section 4 of the Water Commission Act of 1985,
16subsections (b), (c) and (d) of Section 5.01 of the Local Mass
17Transit District Act, or subsections (e), (m), and (r) of
18Section 6.02 of the Metropolitan Mobility Authority Act (e),
19(f) and (g) of Section 4.03 of the Regional Transportation
20Authority Act, from such holder. Subject to reasonable rules
21of the Department, a credit memorandum issued hereunder may be
22assigned by the holder thereof to any other person for use in
23paying tax or penalty or interest which may be due or become
24due under this Act, the Service Use Tax Act, the Retailers'
25Occupation Tax Act, the Use Tax Act, any local occupation or
26use tax administered by the Department, Section 4 of the Water

 

 

HB5823- 331 -LRB103 40434 AWJ 72767 b

1Commission Act of 1985, subsections (b), (c) and (d) of
2Section 5.01 of the Local Mass Transit District Act, or
3subsections (e), (m), and (r) of Section 6.02 of the
4Metropolitan Mobility Authority Act (e), (f) and (g) of
5Section 4.03 of the Regional Transportation Authority Act,
6from the assignee.
7    In any case in which there has been an erroneous refund of
8tax payable under this Act, a notice of tax liability may be
9issued at any time within 3 years from the making of that
10refund, or within 5 years from the making of that refund if it
11appears that any part of the refund was induced by fraud or the
12misrepresentation of a material fact. The amount of any
13proposed assessment set forth in the notice shall be limited
14to the amount of the erroneous refund.
15(Source: P.A. 91-901, eff. 1-1-01.)
 
16    Section 8.21. The Retailers' Occupation Tax Act is amended
17by changing Section 6 as follows:
 
18    (35 ILCS 120/6)  (from Ch. 120, par. 445)
19    Sec. 6. Credit memorandum or refund. If it appears, after
20claim therefor filed with the Department, that an amount of
21tax or penalty or interest has been paid which was not due
22under this Act, whether as the result of a mistake of fact or
23an error of law, except as hereinafter provided, then the
24Department shall issue a credit memorandum or refund to the

 

 

HB5823- 332 -LRB103 40434 AWJ 72767 b

1person who made the erroneous payment or, if that person died
2or became a person under legal disability, to his or her legal
3representative, as such. For purposes of this Section, the tax
4is deemed to be erroneously paid by a retailer when the
5manufacturer of a motor vehicle sold by the retailer accepts
6the return of that automobile and refunds to the purchaser the
7selling price of that vehicle as provided in the New Vehicle
8Buyer Protection Act. When a motor vehicle is returned for a
9refund of the purchase price under the New Vehicle Buyer
10Protection Act, the Department shall issue a credit memorandum
11or a refund for the amount of tax paid by the retailer under
12this Act attributable to the initial sale of that vehicle.
13Claims submitted by the retailer are subject to the same
14restrictions and procedures provided for in this Act. If it is
15determined that the Department should issue a credit
16memorandum or refund, the Department may first apply the
17amount thereof against any tax or penalty or interest due or to
18become due under this Act or under the Use Tax Act, the Service
19Occupation Tax Act, the Service Use Tax Act, any local
20occupation or use tax administered by the Department, Section
214 of the Water Commission Act of 1985, subsections (b), (c) and
22(d) of Section 5.01 of the Local Mass Transit District Act, or
23subsections (e), (m), and (r) of Section 6.02 of the
24Metropolitan Mobility Authority Act (e), (f) and (g) of
25Section 4.03 of the Regional Transportation Authority Act,
26from the person who made the erroneous payment. If no tax or

 

 

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1penalty or interest is due and no proceeding is pending to
2determine whether such person is indebted to the Department
3for tax or penalty or interest, the credit memorandum or
4refund shall be issued to the claimant; or (in the case of a
5credit memorandum) the credit memorandum may be assigned and
6set over by the lawful holder thereof, subject to reasonable
7rules of the Department, to any other person who is subject to
8this Act, the Use Tax Act, the Service Occupation Tax Act, the
9Service Use Tax Act, any local occupation or use tax
10administered by the Department, Section 4 of the Water
11Commission Act of 1985, subsections (b), (c) and (d) of
12Section 5.01 of the Local Mass Transit District Act, or
13subsections (e), (m), and (r) of Section 6.02 of the
14Metropolitan Mobility Authority Act (e), (f) and (g) of
15Section 4.03 of the Regional Transportation Authority Act, and
16the amount thereof applied by the Department against any tax
17or penalty or interest due or to become due under this Act or
18under the Use Tax Act, the Service Occupation Tax Act, the
19Service Use Tax Act, any local occupation or use tax
20administered by the Department, Section 4 of the Water
21Commission Act of 1985, subsections (b), (c) and (d) of
22Section 5.01 of the Local Mass Transit District Act, or
23subsections (e), (m), and (r) of Section 6.02 of the
24Metropolitan Mobility Authority Act (e), (f) and (g) of
25Section 4.03 of the Regional Transportation Authority Act,
26from such assignee. However, as to any claim for credit or

 

 

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1refund filed with the Department on and after each January 1
2and July 1 no amount of tax or penalty or interest erroneously
3paid (either in total or partial liquidation of a tax or
4penalty or amount of interest under this Act) more than 3 years
5prior to such January 1 and July 1, respectively, shall be
6credited or refunded, except that if both the Department and
7the taxpayer have agreed to an extension of time to issue a
8notice of tax liability as provided in Section 4 of this Act,
9such claim may be filed at any time prior to the expiration of
10the period agreed upon. Notwithstanding any other provision of
11this Act to the contrary, for any period included in a claim
12for credit or refund for which the statute of limitations for
13issuing a notice of tax liability under this Act will expire
14less than 6 months after the date a taxpayer files the claim
15for credit or refund, the statute of limitations is
16automatically extended for 6 months from the date it would
17have otherwise expired.
18    No claim may be allowed for any amount paid to the
19Department, whether paid voluntarily or involuntarily, if paid
20in total or partial liquidation of an assessment which had
21become final before the claim for credit or refund to recover
22the amount so paid is filed with the Department, or if paid in
23total or partial liquidation of a judgment or order of court.
24No credit may be allowed or refund made for any amount paid by
25or collected from any claimant unless it appears (a) that the
26claimant bore the burden of such amount and has not been

 

 

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1relieved thereof nor reimbursed therefor and has not shifted
2such burden directly or indirectly through inclusion of such
3amount in the price of the tangible personal property sold by
4him or her or in any manner whatsoever; and that no
5understanding or agreement, written or oral, exists whereby he
6or she or his or her legal representative may be relieved of
7the burden of such amount, be reimbursed therefor or may shift
8the burden thereof; or (b) that he or she or his or her legal
9representative has repaid unconditionally such amount to his
10or her vendee (1) who bore the burden thereof and has not
11shifted such burden directly or indirectly, in any manner
12whatsoever; (2) who, if he or she has shifted such burden, has
13repaid unconditionally such amount to his own vendee; and (3)
14who is not entitled to receive any reimbursement therefor from
15any other source than from his or her vendor, nor to be
16relieved of such burden in any manner whatsoever. No credit
17may be allowed or refund made for any amount paid by or
18collected from any claimant unless it appears that the
19claimant has unconditionally repaid, to the purchaser, any
20amount collected from the purchaser and retained by the
21claimant with respect to the same transaction under the Use
22Tax Act.
23    Any credit or refund that is allowed under this Section
24shall bear interest at the rate and in the manner specified in
25the Uniform Penalty and Interest Act.
26    In case the Department determines that the claimant is

 

 

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1entitled to a refund, such refund shall be made only from the
2Aviation Fuel Sales Tax Refund Fund or from such appropriation
3as may be available for that purpose, as appropriate. If it
4appears unlikely that the amount available would permit
5everyone having a claim allowed during the period covered by
6such appropriation or from the Aviation Fuel Sales Tax Refund
7Fund, as appropriate, to elect to receive a cash refund, the
8Department, by rule or regulation, shall provide for the
9payment of refunds in hardship cases and shall define what
10types of cases qualify as hardship cases.
11    If a retailer who has failed to pay retailers' occupation
12tax on gross receipts from retail sales is required by the
13Department to pay such tax, such retailer, without filing any
14formal claim with the Department, shall be allowed to take
15credit against such retailers' occupation tax liability to the
16extent, if any, to which such retailer has paid an amount
17equivalent to retailers' occupation tax or has paid use tax in
18error to his or her vendor or vendors of the same tangible
19personal property which such retailer bought for resale and
20did not first use before selling it, and no penalty or interest
21shall be charged to such retailer on the amount of such credit.
22However, when such credit is allowed to the retailer by the
23Department, the vendor is precluded from refunding any of that
24tax to the retailer and filing a claim for credit or refund
25with respect thereto with the Department. The provisions of
26this amendatory Act shall be applied retroactively, regardless

 

 

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1of the date of the transaction.
2(Source: P.A. 101-10, eff. 6-5-19; 102-40, eff. 6-25-21.)
 
3    Section 8.22. The Governmental Tax Reform Validation Act
4is amended by changing Section 10 as follows:
 
5    (35 ILCS 165/10)
6    Sec. 10. Re-enactment; findings; purpose; validation.
7    (a) The General Assembly finds and declares that:
8        (1) The amendatory provisions of this Act were first
9    enacted by Public Act 85-1135 and all related to taxation.
10            (A) Article I of Public Act 85-1135, effective
11        July 28, 1988, contained provisions stating
12        legislative intent.
13            (B) Article II of Public Act 85-1135, effective
14        January 1, 1990, contained provisions amending or
15        creating Sections 8-11-1, 8-11-1.1, 8-11-1.2,
16        8-11-1.3, 8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16,
17        and 11-74.4-8a of the Illinois Municipal Code;
18        Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of "An
19        Act to revise the law in relation to counties";
20        Section 4 of the Water Commission Act of 1985; Section
21        5.01 of the Local Mass Transit District Act; Sections
22        5.12, 6.02, 6.05, and 6.08 of the Metropolitan
23        Mobility Authority Act Sections 4.01, 4.03, 4.04, and
24        4.09 of the Regional Transportation Authority Act;

 

 

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1        Sections 3, 9, and 10b of the Use Tax Act; Sections 2,
2        3, 3d, 7a, 9, 10, 10b, and 15 of the Service Use Tax
3        Act; Sections 2, 3, 9, 13, 15, and 20.1 of the Service
4        Occupation Tax Act; Sections 2, 3, 5k, and 6d of the
5        Retailers' Occupation Tax Act; and Sections 5.240,
6        5.241, 6z-16, and 6z-17 of the State Finance Act.
7        Article II of Public Act 85-1135, effective January 1,
8        1990, also contained provisions repealing Sections
9        25.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a,
10        25.05-10, 25.05-10a, and 25.05-10.1 of "An Act to
11        revise the law in relation to counties" and Sections
12        10 and 14 of the Service Occupation Tax Act.
13            (C) Article III of Public Act 85-1135, effective
14        September 1, 1988, contained provisions further
15        amending Sections 3 and 9 of the Use Tax Act; Sections
16        2, 3, and 9 of the Service Use Tax Act; Sections 2, 3,
17        and 9 of the Service Occupation Tax Act; and Sections 2
18        and 3 of the Retailers' Occupation Tax Act; and
19        amending Section 2 of the State Revenue Sharing Act.
20            (D) Article IV of Public Act 85-1135, effective
21        July 28, 1988, contained provisions amending Section
22        6z-9 of the State Finance Act and creating Section .01
23        of the State Revenue Sharing Act.
24            (E) Article V of Public Act 85-1135, effective
25        July 28, 1988, contained provisions precluding any
26        effect on a pre-existing right, remedy, or liability

 

 

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1        and authorizing enactment of home rule municipality
2        ordinances.
3        (2) Public Act 85-1135 also contained provisions
4    relating to State bonds and creating the Water Pollution
5    Control Revolving Fund loan program.
6        (3) On August 26, 1998, the Cook County Circuit Court
7    entered an order in the case of Oak Park Arms Associates v.
8    Whitley (No. 92 L 51045), in which it found that Public Act
9    85-1135 violates the single subject clause of the Illinois
10    Constitution (Article IV, Section 8(d)). As of the time
11    this Act was prepared, the order declaring P.A. 85-1135
12    invalid has been vacated but the case is subject to
13    appeal.
14        (4) The tax provisions of Public Act 85-1135 affect
15    many areas of vital concern to the people of this State.
16    The disruption of the tax reform contained in those
17    provisions could constitute a grave threat to the
18    continued health, safety, and welfare of the people of
19    this State.
20    (b) It is the purpose of this Act to prevent or minimize
21any problems relating to taxation that may result from
22challenges to the constitutional validity of Public Act
2385-1135, by (1) re-enacting provisions from Public Act 85-1135
24and (2) validating all actions taken in reliance on those
25provisions from Public Act 85-1135.
26    (c) Because Public Act 86-962, effective January 1, 1990,

 

 

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1renumbered Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of
2the Counties Code, this Act contains those provisions as
3renumbered under Sections 5-1006, 5-1007, 5-1008, 5-1009, and
45-1024 of the Counties Code. Because Public Act 86-1475,
5effective January 10, 1991, resectioned Section 3 of the Use
6Tax Act, Section 3 of the Service Use Tax Act, Section 3 of the
7Service Occupation Tax Act, and Section 2 of the Retailers'
8Occupation Tax Act, this Act contains those provisions as
9resectioned under Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25,
103-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75,
11and 3-80 of the Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20,
123-25, 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, and 3-65 of the
13Service Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25,
143-30, 3-35, 3-40, 3-45, and 3-50 of the Service Occupation Tax
15Act; and Sections 2, 2-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35,
162-40, 2-45, 2-50, 2-55, 2-60, 2-65 of the Retailers'
17Occupation Tax Act. Because Public Act 85-1440, effective
18February 1, 1989, renumbered Section 6z-16 of the State
19Finance Act and Section .01 of the State Revenue Sharing Act,
20this Act contains those provisions as renumbered under Section
216z-18 of the State Finance Act and Section 0.1 of the State
22Revenue Sharing Act. Sections 10b of the Use Tax Act, 10b of
23the Service Use Tax Act, 20.1 of the Service Occupation Tax
24Act, and 6d of the Retailers' Occupation Tax Act have been
25omitted from this Act because they were repealed by Public Act
2687-1258, effective January 7, 1993.

 

 

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1    (d) This Act re-enacts Section 1 of Article I of Public Act
285-1135; Sections 8-11-1, 8-11-1.1, 8-11-1.2, 8-11-1.3,
38-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16, and 11-74.4-8a of
4the Illinois Municipal Code; Sections 5-1006, 5-1007, 5-1008,
55-1009, and 5-1024 of the Counties Code; Section 4 of the Water
6Commission Act of 1985; Section 5.01 of the Local Mass Transit
7District Act; Sections 5.12, 6.02, 6.05, and 6.08 of the
8Metropolitan Mobility Authority Act Sections 4.01, 4.03, 4.04,
9and 4.09 of the Regional Transportation Authority Act;
10Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40,
113-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75, 3-80, 9, and 10b of
12the Use Tax Act; Sections 2, 3, 3-5, 3-10, 3-15, 3-20, 3-25,
133-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3d, 7a, 9, 10,
1410b, and 15 of the Service Use Tax Act; Sections 2, 3, 3-5,
153-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 9, 13,
1615, and 20.1 of the Service Occupation Tax Act; Sections 2,
172-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35, 2-40, 2-45, 2-50,
182-55, 2-60, 2-65, 3, 5k, and 6d of the Retailers' Occupation
19Tax Act; Sections 5.240, 5.241, 6z-9, 6z-17, and 6z-18 of the
20State Finance Act; Sections 0.1 and 2 of the State Revenue
21Sharing Act; and Sections 1 and 2 of Article V of Public Act
2285-1135 as they have been amended. It also re-repeals Sections
2325.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a, 25.05-10,
2425.05-10a, and 25.05-10.1 of "An Act to revise the law in
25relation to counties" and Sections 10 and 14 of the Service
26Occupation Tax Act. This re-enactment and re-repeal is

 

 

HB5823- 342 -LRB103 40434 AWJ 72767 b

1intended to remove any questions as to the validity or content
2of those Sections; it is not intended to supersede any other
3Public Act that amends the text of a Section as set forth in
4this Act. The re-enacted material in this Act is shown as
5existing text (i.e., without underscoring) because, as of the
6time this Act was prepared, the order declaring P.A. 85-1135
7invalid has been vacated.
8    (e) In Sections 100 and 900 of this Act, references to
9"this amendatory Act of 1988" mean Public Act 85-1135, as
10re-enacted by this Act.
11    (f) The re-enactment or re-repeal of Sections of Public
12Act 85-1135 by this Act is not intended, and shall not be
13construed, to imply that Public Act 85-1135 is invalid or to
14limit or impair any legal argument (1) upholding the validity
15of Public Act 85-1135 or (2) concerning whether the provisions
16of Public Act 85-1135 were substantially re-enacted by other
17Public Acts.
18    (g) All otherwise lawful actions taken in reasonable
19reliance on or pursuant to the Sections re-enacted by this
20Act, as set forth in Public Act 85-1135 or subsequently
21amended, by any officer, employee, agency, or unit of State or
22local government or by any other person or entity, are hereby
23validated.
24    With respect to actions taken in relation to matters
25arising under the Sections re-enacted by this Act, as set
26forth in Public Act 85-1135 or subsequently amended, a person

 

 

HB5823- 343 -LRB103 40434 AWJ 72767 b

1is rebuttably presumed to have acted in reasonable reliance on
2and pursuant to the provisions of Public Act 85-1135, as those
3provisions had been amended at the time the action was taken.
4    (h) With respect to its administration of matters arising
5under the Sections re-enacted by this Act, the Department of
6Revenue shall continue to apply the provisions of Public Act
785-1135, as those provisions had been amended at the relevant
8time.
9    (i) This Act applies, without limitation, to proceedings
10pending on or after the effective date of this Act.
11(Source: P.A. 91-51, eff. 6-30-99.)
 
12    Section 8.23. The Simplified Sales and Use Tax
13Administration Act is amended by changing Section 2 as
14follows:
 
15    (35 ILCS 171/2)
16    Sec. 2. Definitions. As used in this Act:
17    (a) "Agreement" means the Streamlined Sales and Use Tax
18Agreement as amended and adopted on January 27, 2001.
19    (b) "Certified Automated System" means software certified
20jointly by the states that are signatories to the Agreement to
21calculate the tax imposed by each jurisdiction on a
22transaction, determine the amount of tax to remit to the
23appropriate state, and maintain a record of the transaction.
24    (c) "Certified Service Provider" means an agent certified

 

 

HB5823- 344 -LRB103 40434 AWJ 72767 b

1jointly by the states that are signatories to the Agreement to
2perform all of the seller's sales tax functions.
3    (d) "Person" means an individual, trust, estate,
4fiduciary, partnership, limited liability company, limited
5liability partnership, corporation, or any other legal entity.
6    (e) "Sales Tax" means the tax levied under the Service
7Occupation Tax Act (35 ILCS 115/) and the Retailers'
8Occupation Tax Act (35 ILCS 120/). "Sales tax" also means any
9local sales tax levied under the Home Rule Municipal
10Retailers' Occupation Tax Act (65 ILCS 5/8-11-1), the Non-Home
11Rule Municipal Retailers' Occupation Tax Act (65 ILCS
125/8-11-1.3), the Non-Home Rule Municipal Service Occupation
13Tax Act (65 ILCS 5/8-11-1.4), the Home Rule Municipal Service
14Occupation Tax (65 ILCS 5/8-11-5), the Home Rule County
15Retailers' Occupation Tax Law (55 ILCS 5/5-1006), the Special
16County Occupation Tax for Public Safety, Public Facilities,
17Mental Health, Substance Abuse, or Transportation Law (55 ILCS
185/5-1006.5), the Home Rule County Service Occupation Tax Law
19(55 ILCS 5/5-1007), subsection (b) of the Rock Island County
20Use and Occupation Tax Law (55 ILCS 5/5-1008.5(b)), the Metro
21East Mass Transit District Retailers' Occupation Tax (70 ILCS
223610/5.01(b)), the Metro East Mass Transit District Service
23Occupation Tax (70 ILCS 3610/5.01(c)), the Metropolitan
24Mobility Regional Transportation Authority Retailers'
25Occupation Tax (subsection (e) of Section 6.02 of the
26Metropolitan Mobility Authority Act) 70 ILCS 3615/4.03(e) ),

 

 

HB5823- 345 -LRB103 40434 AWJ 72767 b

1the Metropolitan Mobility Regional Transportation Authority
2Service Occupation Tax (70 ILCS 3615/4.03(f)), the County
3Water Commission Retailers' Occupation Tax (70 ILCS
43720/4(b)), or the County Water Commission Service Occupation
5Tax (70 ILCS 3720/4(c)).
6    (f) "Seller" means any person making sales of personal
7property or services.
8    (g) "State" means any state of the United States and the
9District of Columbia.
10    (h) "Use tax" means the tax levied under the Use Tax Act
11(35 ILCS 105/) and the Service Use Tax Act (35 ILCS 110/). "Use
12tax" also means any local use tax levied under the Home Rule
13Municipal Use Tax Act (65 ILCS 5/8-11-6(b)), provided that the
14State and the municipality have entered into an agreement that
15provides for administration of the tax by the State.
16(Source: P.A. 100-1167, eff. 1-4-19.)
 
17    Section 8.24. The Property Tax Code is amended by changing
18Section 15-100 as follows:
 
19    (35 ILCS 200/15-100)
20    Sec. 15-100. Public transportation systems.
21    (a) All property belonging to any municipal corporation
22created for the sole purpose of owning and operating a
23transportation system for public service is exempt.
24    (b) Property owned by (i) a municipal corporation of

 

 

HB5823- 346 -LRB103 40434 AWJ 72767 b

1500,000 or more inhabitants, used for public transportation
2purposes, and operated by the Metropolitan Mobility Chicago
3Transit Authority; (ii) the Metropolitan Mobility Regional
4Transportation Authority; (iii) (blank); or any service board
5or division of the Regional Transportation Authority; (iv) the
6Northeast Illinois Regional Commuter Railroad Corporation; or
7(v) the Chicago Transit Authority shall be exempt. For
8purposes of this Section alone, the Metropolitan Mobility
9Authority Regional Transportation Authority, any service board
10or division of the Regional Transportation Authority, the
11Northeast Illinois Regional Commuter Railroad Corporation, the
12Chicago Transit Authority, or a municipal corporation, as
13defined in item (i), shall be deemed an "eligible
14transportation authority". The exemption provided in this
15subsection shall not be affected by any transaction in which,
16for the purpose of obtaining financing, the eligible
17transportation authority, directly or indirectly, leases or
18otherwise transfers such property to another whose property is
19not exempt and immediately thereafter enters into a leaseback
20or other agreement that directly or indirectly gives the
21eligible transportation authority a right to use, control, and
22possess the property. In the case of a conveyance of such
23property, the eligible transportation authority must retain an
24option to purchase the property at a future date or, within the
25limitations period for reverters, the property must revert
26back to the eligible transportation authority.

 

 

HB5823- 347 -LRB103 40434 AWJ 72767 b

1    (c) If such property has been conveyed as described in
2subsection (b), the property will no longer be exempt pursuant
3to this Section as of the date when:
4        (1) the right of the eligible transportation authority
5    to use, control, and possess the property has been
6    terminated;
7        (2) the eligible transportation authority no longer
8    has an option to purchase or otherwise acquire the
9    property; and
10        (3) there is no provision for a reverter of the
11    property to the eligible transportation authority within
12    the limitations period for reverters.
13    (d) Pursuant to Sections 15-15 and 15-20 of this Code, the
14eligible transportation authority shall notify the chief
15county assessment officer of any transaction under subsection
16(b) of this Section. The chief county assessment officer shall
17determine initial and continuing compliance with the
18requirements of this Section for tax exemption. Failure to
19notify the chief county assessment officer of a transaction
20under this Section or to otherwise comply with the
21requirements of Sections 15-15 and 15-20 of this Code shall,
22in the discretion of the chief county assessment officer,
23constitute cause to terminate the exemption, notwithstanding
24any other provision of this Code.
25    (e) No provision of this Section shall be construed to
26affect the obligation of the eligible transportation authority

 

 

HB5823- 348 -LRB103 40434 AWJ 72767 b

1to which an exemption certificate has been issued under this
2Section from its obligation under Section 15-10 of this Code
3to file an annual certificate of status or to notify the chief
4county assessment officer of transfers of interest or other
5changes in the status of the property as required by this Code.
6    (f) The changes made by this amendatory Act of 1997 are
7declarative of existing law and shall not be construed as a new
8enactment.
9(Source: P.A. 90-562, eff. 12-16-97.)
 
10    Section 8.25. The Motor Fuel Tax Law is amended by
11changing Section 8b as follows:
 
12    (35 ILCS 505/8b)
13    Sec. 8b. Transportation Renewal Fund; creation;
14distribution of proceeds.
15    (a) The Transportation Renewal Fund is hereby created as a
16special fund in the State treasury. Moneys in the Fund shall be
17used as provided in this Section:
18        (1) 80% of the moneys in the Fund shall be used for
19    highway maintenance, highway construction, bridge repair,
20    congestion relief, and construction of aviation
21    facilities; of that 80%:
22            (A) the State Comptroller shall order transferred
23        and the State Treasurer shall transfer 60% to the
24        State Construction Account Fund; those moneys shall be

 

 

HB5823- 349 -LRB103 40434 AWJ 72767 b

1        used solely for construction, reconstruction,
2        improvement, repair, maintenance, operation, and
3        administration of highways and are limited to payments
4        made pursuant to design and construction contracts
5        awarded by the Department of Transportation;
6            (B) 40% shall be distributed by the Department of
7        Transportation to municipalities, counties, and road
8        districts of the State using the percentages set forth
9        in subdivisions (A), (B), (C), and (D) of paragraph
10        (2) of subsection (e) of Section 8; distributions to
11        particular municipalities, counties, and road
12        districts under this subdivision (B) shall be made
13        according to the allocation procedures described for
14        municipalities, counties, and road districts in
15        subsection (e) of Section 8 and shall be subject to the
16        same requirements and limitations described in that
17        subsection; and
18        (2) 20% of the moneys in the Fund shall be used for
19    projects related to rail facilities and mass transit
20    facilities, as defined in Section 2705-305 of the
21    Department of Transportation Law of the Civil
22    Administrative Code of Illinois, including rapid transit,
23    rail, high-speed rail, bus and other equipment in
24    connection with the State or a unit of local government,
25    special district, municipal corporation, or other public
26    agency authorized to provide and promote public

 

 

HB5823- 350 -LRB103 40434 AWJ 72767 b

1    transportation within the State; of that 20%:
2            (A) 90% shall be deposited into the Metropolitan
3        Mobility Regional Transportation Authority Capital
4        Improvement Fund, a special fund created in the State
5        treasury Treasury; moneys in the Metropolitan Mobility
6        Regional Transportation Authority Capital Improvement
7        Fund shall be used by the Metropolitan Mobility
8        Regional Transportation Authority for construction,
9        improvements, and deferred maintenance on mass transit
10        facilities and acquisition of buses and other
11        equipment; and
12            (B) 10% shall be deposited into the Downstate Mass
13        Transportation Capital Improvement Fund, a special
14        fund created in the State treasury Treasury; moneys in
15        the Downstate Mass Transportation Capital Improvement
16        Fund shall be used by local mass transit districts
17        other than the Metropolitan Mobility Regional
18        Transportation Authority for construction,
19        improvements, and deferred maintenance on mass transit
20        facilities and acquisition of buses and other
21        equipment.
22    (b) Beginning on July 1, 2020, the Auditor General shall
23conduct an annual financial audit of the obligations,
24expenditures, receipt, and use of the funds deposited into the
25Transportation Renewal Fund and provide specific
26recommendations to help ensure compliance with State and

 

 

HB5823- 351 -LRB103 40434 AWJ 72767 b

1federal statutes, rules, and regulations.
2(Source: P.A. 101-32, eff. 6-28-19; 101-604, eff. 12-13-19.)
 
3    Section 8.26. The Postage Stamp Vending Machine Act is
4amended by changing Section 1 as follows:
 
5    (35 ILCS 815/1)  (from Ch. 121 1/2, par. 911)
6    Sec. 1. Vending machines which vend only United States
7postage stamps are exempt from license fees or any excise or
8license tax levied by the State of Illinois or any county or
9municipality or other taxing district thereof, but are not
10exempt from State, county, municipal, or Metropolitan Mobility
11Regional Transportation Authority occupation and use taxes.
12(Source: P.A. 82-985.)
 
13    Section 8.27. The Illinois Pension Code is amended by
14changing Sections 8-230.1, 11-221.1, 18-112, 22-101, 22-101B,
1522-103, and 22-105 as follows:
 
16    (40 ILCS 5/8-230.1)  (from Ch. 108 1/2, par. 8-230.1)
17    Sec. 8-230.1. Right of employees to contribute for certain
18other service. Any employee in the service, after having made
19contributions covering a period of 10 or more years to the
20annuity and benefit fund herein provided for, may elect to pay
21for and receive credit for all annuity purposes for service
22theretofore rendered by the employee to the Chicago Transit

 

 

HB5823- 352 -LRB103 40434 AWJ 72767 b

1Authority created by the Metropolitan Transit Authority Act
2(repealed) or its predecessor public utilities; provided that
3the last 5 years of service prior to retirement on annuity
4shall have been as an employee of the City and a contributor to
5this Fund. Such service credit may be paid for and granted on
6the same basis and conditions as are applicable in the case of
7employees who make payment for past service under the
8provisions of Section 8-230, but on the assumption that the
9employee's salary throughout all of his or her service with
10the Authority or its predecessor public utilities was at the
11rate of the employee's salary at the later of the date of his
12or her entrance or reentrance into the service as a municipal
13employee, as applicable. In no event, however, shall such
14service be credited if the employee has not forfeited and
15relinquished pension credit for service covering such period
16under any pension or retirement plan applicable to the
17Authority or its predecessor public utilities and instituted
18and maintained by the Authority or its predecessor public
19utilities for the benefit of its employees.
20(Source: P.A. 103-455, eff. 1-1-24.)
 
21    (40 ILCS 5/11-221.1)  (from Ch. 108 1/2, par. 11-221.1)
22    Sec. 11-221.1. Right of employees to contribute for
23certain other service. Any employee in the service, after
24having made contributions covering a period of 10 or more
25years to the annuity and benefit fund herein provided for, may

 

 

HB5823- 353 -LRB103 40434 AWJ 72767 b

1elect to pay for and receive credit for all annuity purposes
2for service theretofore rendered by the employee to the
3Chicago Transit Authority created by the Metropolitan Transit
4Authority Act (repealed); provided that if the employee has
5more than 10 years of such service, only the last 10 years of
6such service shall be credited. Such service credit may be
7paid for and granted on the same basis and conditions as are
8applicable in the case of employees who make payment for past
9service under the provisions of Section 11-221, but on the
10assumption that the employee's salary throughout all of his or
11her service with the Authority was at the rate of the
12employee's salary at the date of his or her entrance into the
13service as an employee. In no event, however, shall such
14service be credited if the employee has not forfeited and
15relinquished pension credit for service covering such period
16under any pension or retirement plan applicable to the
17Authority and instituted and maintained by the Authority for
18the benefit of its employees.
19(Source: P.A. 90-655, eff. 7-30-98.)
 
20    (40 ILCS 5/18-112)  (from Ch. 108 1/2, par. 18-112)
21    Sec. 18-112. Service. "Service": The period beginning on
22the day a person first became a judge, whether prior or
23subsequent to the effective date, and ending on the date under
24consideration, excluding all intervening periods during which
25he or she was not a judge following resignation or expiration

 

 

HB5823- 354 -LRB103 40434 AWJ 72767 b

1of any term of election or appointment.
2    Service also includes the following: (a) Any period prior
3to January 1, 1964 during which a judge served as a justice of
4the peace, police magistrate or master in chancery, or as a
5civil referee, commissioner or trial assistant to the chief
6judge in the Municipal Court of Chicago, or performed judicial
7duties as an assistant to the judge of the Probate Court of
8Cook County. A judge shall be entitled to credit for all or as
9much as the judge may desire of such service, not exceeding 8
10years, upon payment of the participant's contribution covering
11such service at the contribution rates in effect on July 1,
121969, together with interest at 4% per annum compounded
13annually, from the dates the service was rendered to the date
14of payment, provided credit for such service had not been
15granted in any public pension fund or retirement system in the
16State. The required contributions shall be based upon the rate
17of salary in effect for the judge on the date he or she entered
18the system or on January 1, 1964, whichever is later.
19    (b) Service rendered after January 1, 1964, as a holdover
20magistrate or master in chancery of the Circuit Court. A judge
21shall be entitled to credit for any period of such service, not
22exceeding a total of 8 years, together with the period of
23service taken into account in paragraph (a). Service credit
24under this paragraph is subject to the same contribution
25requirements and other limitations that are prescribed for
26service credit under paragraph (a).

 

 

HB5823- 355 -LRB103 40434 AWJ 72767 b

1    (c) Any period that a participant served as a member of the
2General Assembly, subject to the following conditions:
3    (1) He or she has been a participant in this system for at
4least 4 years and has contributed to the system for service
5rendered as a member of the General Assembly subsequent to
6November 1, 1941, at the contribution rates in effect for a
7judge on the date of becoming a participant, including
8interest at 3% per annum compounded annually from the date
9such service was rendered to the date of payment, based on the
10salary in effect during such period of service; and
11    (2) The participant is not entitled to credit for such
12service in any other public retirement system in the State.
13    (d) Any period a participant served as a judge or
14commissioner of the Court of Claims of this State after
15November 1, 1941, provided he or she contributes to the system
16at the contribution rates in effect on the date of becoming a
17participant, based on salary received during such service,
18including interest at 3% per annum compounded annually from
19the date such service was rendered to the date of payment.
20    (e) Any period that a participant served as State's
21Attorney or Public Defender of any county of this State,
22subject to the following conditions: (1) such service was not
23credited under any public pension fund or retirement system;
24(2) the maximum service to be credited in this system shall be
258 years; (3) the participant must have at least 6 years of
26service as a judge and as a participant of this system; and (4)

 

 

HB5823- 356 -LRB103 40434 AWJ 72767 b

1the participant has made contributions to the system for such
2service at the contribution rates in effect on the date of
3becoming a participant in this system based upon the salary of
4the judge on such date, including interest at 4% per annum
5compounded annually from such date to the date of payment.
6    A judge who terminated service before January 26, 1988 and
7whose retirement annuity began after January 1, 1988 may
8establish credit for service as a Public Defender in
9accordance with the other provisions of this subsection by
10making application and paying the required contributions to
11the Board not later than 30 days after August 23, 1989. In such
12cases, the Board shall recalculate the retirement annuity,
13effective on the first day of the next calendar month
14beginning at least 30 days after the application is received.
15    (f) Any period as a participating policeman, employee or
16teacher under Article 5, 14 or 16 of this Code, subject to the
17following conditions: (1) the credits accrued under Article 5,
1814 or 16 have been transferred to this system; and (2) the
19participant has contributed to the system an amount equal to
20(A) contributions at the rate in effect for participants at
21the date of membership in this system based upon the salary of
22the judge on such date, (B) the employer's share of the normal
23cost under this system for each year that credit is being
24established, based on the salary in effect at the date of
25membership in this system, and (C) interest at 6% per annum,
26compounded annually, from the date of membership to the date

 

 

HB5823- 357 -LRB103 40434 AWJ 72767 b

1of payment; less (D) the amount transferred on behalf of the
2participant from Article 5, 14 or 16.
3    (g) Any period that a participant served as the
4Administrative Director of the Circuit Court of Cook County,
5as Executive Director of the Home Rule Commission, as
6assistant corporation counsel in the Chicago Law Department,
7or as an employee of the Cook County Treasurer, subject to the
8following conditions: (1) the maximum amount of such service
9which may be credited is 10 years; (2) in order to qualify for
10such credit in this system, a judge must have at least 6 years
11of service as a judge and participant of this system; (3) the
12last 6 years of service credited in this system shall be as a
13judge and a participant in this system; (4) credits accrued to
14the participant under any other public pension fund or public
15retirement system in the State, if any, by reason of the
16service to be established under this paragraph (g) has been
17transferred to this system; and (5) the participant has
18contributed to this system the amount, if any, by which the
19amount transferred pursuant to subdivision (4) of this
20paragraph, if any, is less than the amount which the
21participant would have contributed to the system during the
22period of time being counted as service under this paragraph
23had the participant been a judge participating in this system
24during that time, based on the rate of contribution in effect
25and the salary earned by the participant on the date he or she
26became a participant, with interest accruing on such

 

 

HB5823- 358 -LRB103 40434 AWJ 72767 b

1deficiency at a rate of 5% per annum from the date he or she
2became a participant through the date on which such deficiency
3is paid.
4    (h) Any period that a participant served as a full-time
5attorney employed by the Chicago Transit Authority created by
6the Metropolitan Transit Authority Act (repealed), subject to
7the following conditions: (1) any credit received for such
8service in the pension fund established under Section 22-101
9has been terminated; (2) the maximum amount of such service to
10be credited in this system shall be 10 years; (3) the
11participant must have at least 6 years of service as a judge
12and as a participant of this system; and (4) the participant
13has made contributions to the system for such service at the
14contribution rates in effect on the date of becoming a
15participant in this system based upon the salary of the judge
16on such date, including interest at 5% per annum compounded
17annually from such date to the date of payment.
18    (i) Any period during which a participant received
19temporary total disability benefit payments, as provided in
20Section 18-126.1.
21    Service during a fraction of a month shall be considered a
22month of service, but no more than one month of service shall
23be credited for all service during any calendar month.
24(Source: P.A. 86-272; 86-273; 86-1028; 87-1265.)
 
25    (40 ILCS 5/22-101)  (from Ch. 108 1/2, par. 22-101)

 

 

HB5823- 359 -LRB103 40434 AWJ 72767 b

1    Sec. 22-101. Retirement Plan for Chicago Transit Authority
2Employees.
3    (a) There shall be established and maintained by the
4Metropolitan Mobility Authority created by the Metropolitan
5Mobility Authority Act the Authority created by the
6"Metropolitan Transit Authority Act", approved April 12, 1945,
7as amended, (referred to in this Section as the "Authority") a
8financially sound pension and retirement system adequate to
9provide for all payments when due under such established
10system or as modified from time to time by ordinance of the
11Authority Chicago Transit Board or collective bargaining
12agreement. For this purpose, the Metropolitan Mobility
13Authority Board must make contributions to the established
14system as required under this Section and may make any
15additional contributions provided for by Board ordinance or
16collective bargaining agreement. The participating employees
17shall make such periodic payments to the established system as
18required under this Section and may make any additional
19contributions provided for by Board ordinance or collective
20bargaining agreement.
21    Provisions shall be made by the Board for all officers,
22except those who first become members on or after January 1,
232012, and employees of the Authority appointed pursuant to the
24"Metropolitan Transit Authority Act" (repealed) to become,
25subject to reasonable rules and regulations, participants of
26the pension or retirement system with uniform rights,

 

 

HB5823- 360 -LRB103 40434 AWJ 72767 b

1privileges, obligations and status as to the class in which
2such officers and employees belong. The terms, conditions and
3provisions of any pension or retirement system or of any
4amendment or modification thereof affecting employees who are
5members of any labor organization may be established, amended
6or modified by agreement with such labor organization,
7provided the terms, conditions and provisions must be
8consistent with this Act, the annual funding levels for the
9retirement system established by law must be met and the
10benefits paid to future participants in the system may not
11exceed the benefit ceilings set for future participants under
12this Act and the contribution levels required by the Authority
13and its employees may not be less than the contribution levels
14established under this Act.
15    (b) The Board of Trustees shall consist of 11 members
16appointed as follows: (i) 6 5 trustees shall be appointed by
17the Metropolitan Mobility Authority Board Chicago Transit
18Board; (ii) 3 trustees shall be appointed by an organization
19representing the highest number of Chicago Transit Authority
20participants; (iii) one trustee shall be appointed by an
21organization representing the second-highest number of Chicago
22Transit Authority participants; and (iv) one trustee shall be
23appointed by the recognized coalition representatives of
24participants who are not represented by an organization with
25the highest or second-highest number of Chicago Transit
26Authority participants; and (v) one trustee shall be selected

 

 

HB5823- 361 -LRB103 40434 AWJ 72767 b

1by the Regional Transportation Authority Board of Directors,
2and the trustee shall be a professional fiduciary who has
3experience in the area of collectively bargained pension
4plans. Those trustees serving on the effective date of this
5amendatory Act of the 103rd General Assembly appointed by the
6Chicago Transit Board and the Regional Transportation
7Authority Board of Directors shall continue serving until
8their terms end or they are replaced by the Metropolitan
9Mobility Authority Board. Trustees shall serve until a
10successor has been appointed and qualified, or until
11resignation, death, incapacity, or disqualification.
12    Any person appointed as a trustee of the board shall
13qualify by taking an oath of office that he or she will
14diligently and honestly administer the affairs of the system
15and will not knowingly violate or willfully permit the
16violation of any of the provisions of law applicable to the
17Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110,
181-111, 1-114, and 1-115 of the Illinois Pension Code.
19    Each trustee shall cast individual votes, and a majority
20vote shall be final and binding upon all interested parties,
21provided that the Board of Trustees may require a
22supermajority vote with respect to the investment of the
23assets of the Retirement Plan, and may set forth that
24requirement in the Retirement Plan documents, by-laws, or
25rules of the Board of Trustees. Each trustee shall have the
26rights, privileges, authority, and obligations as are usual

 

 

HB5823- 362 -LRB103 40434 AWJ 72767 b

1and customary for such fiduciaries.
2    The Board of Trustees may cause amounts on deposit in the
3Retirement Plan to be invested in those investments that are
4permitted investments for the investment of moneys held under
5any one or more of the pension or retirement systems of the
6State, any unit of local government or school district, or any
7agency or instrumentality thereof. The Board, by a vote of at
8least two-thirds of the trustees, may transfer investment
9management to the Illinois State Board of Investment, which is
10hereby authorized to manage these investments when so
11requested by the Board of Trustees.
12    Notwithstanding any other provision of this Article or any
13law to the contrary, any person who first became becomes a
14member of the Chicago Transit Board on or after January 1, 2012
15shall not be eligible to participate in this Retirement Plan.
16    (c) All individuals who were previously participants in
17the Retirement Plan for Chicago Transit Authority Employees
18shall remain participants, and shall receive the same benefits
19established by the Retirement Plan for Chicago Transit
20Authority Employees, except as provided in this amendatory Act
21or by subsequent legislative enactment or amendment to the
22Retirement Plan. For Authority employees hired on or after the
23effective date of this amendatory Act of the 95th General
24Assembly, the Retirement Plan for Chicago Transit Authority
25Employees shall be the exclusive retirement plan and such
26employees shall not be eligible for any supplemental plan,

 

 

HB5823- 363 -LRB103 40434 AWJ 72767 b

1except for a deferred compensation plan funded only by
2employee contributions.
3    For all Authority employees who are first hired on or
4after the effective date of this amendatory Act of the 95th
5General Assembly and are participants in the Retirement Plan
6for Chicago Transit Authority Employees, the following terms,
7conditions and provisions with respect to retirement shall be
8applicable:
9        (1) Such participant shall be eligible for an
10    unreduced retirement allowance for life upon the
11    attainment of age 64 with 25 years of continuous service.
12        (2) Such participant shall be eligible for a reduced
13    retirement allowance for life upon the attainment of age
14    55 with 10 years of continuous service.
15        (3) For the purpose of determining the retirement
16    allowance to be paid to a retiring employee, the term
17    "Continuous Service" as used in the Retirement Plan for
18    Chicago Transit Authority Employees shall also be deemed
19    to include all pension credit for service with any
20    retirement system established under Article 8 or Article
21    11 of this Code, provided that the employee forfeits and
22    relinquishes all pension credit under Article 8 or Article
23    11 of this Code, and the contribution required under this
24    subsection is made by the employee. The Retirement Plan's
25    actuary shall determine the contribution paid by the
26    employee as an amount equal to the normal cost of the

 

 

HB5823- 364 -LRB103 40434 AWJ 72767 b

1    benefit accrued, had the service been rendered as an
2    employee, plus interest per annum from the time such
3    service was rendered until the date the payment is made.
4    (d) From the effective date of this amendatory Act through
5December 31, 2008, all participating employees shall
6contribute to the Retirement Plan in an amount not less than 6%
7of compensation, and the Authority shall contribute to the
8Retirement Plan in an amount not less than 12% of
9compensation.
10    (e)(1) Beginning January 1, 2009 the Authority shall make
11contributions to the Retirement Plan in an amount equal to
12twelve percent (12%) of compensation and participating
13employees shall make contributions to the Retirement Plan in
14an amount equal to six percent (6%) of compensation. These
15contributions may be paid by the Authority and participating
16employees on a payroll or other periodic basis, but shall in
17any case be paid to the Retirement Plan at least monthly.
18    (2) For the period ending December 31, 2040, the amount
19paid by the Authority in any year with respect to debt service
20on bonds issued for the purposes of funding a contribution to
21the Retirement Plan under Section 12c of the Metropolitan
22Transit Authority Act (repealed), other than debt service paid
23with the proceeds of bonds or notes issued by the Authority for
24any year after calendar year 2008, shall be treated as a credit
25against the amount of required contribution to the Retirement
26Plan by the Authority under subsection (e)(1) for the

 

 

HB5823- 365 -LRB103 40434 AWJ 72767 b

1following year up to an amount not to exceed 6% of compensation
2paid by the Authority in that following year.
3    (3) By September 15 of each year beginning in 2009 and
4ending on December 31, 2039, on the basis of a report prepared
5by an enrolled actuary retained by the Plan, the Board of
6Trustees of the Retirement Plan shall determine the estimated
7funded ratio of the total assets of the Retirement Plan to its
8total actuarially determined liabilities. A report containing
9that determination and the actuarial assumptions on which it
10is based shall be filed with the Authority, the
11representatives of its participating employees, the Auditor
12General of the State of Illinois, and the Metropolitan
13Mobility Regional Transportation Authority. If the funded
14ratio is projected to decline below 60% in any year before
152040, the Board of Trustees shall also determine the increased
16contribution required each year as a level percentage of
17payroll over the years remaining until 2040 using the
18projected unit credit actuarial cost method so the funded
19ratio does not decline below 60% and include that
20determination in its report. If the actual funded ratio
21declines below 60% in any year prior to 2040, the Board of
22Trustees shall also determine the increased contribution
23required each year as a level percentage of payroll during the
24years after the then current year using the projected unit
25credit actuarial cost method so the funded ratio is projected
26to reach at least 60% no later than 10 years after the then

 

 

HB5823- 366 -LRB103 40434 AWJ 72767 b

1current year and include that determination in its report.
2Within 60 days after receiving the report, the Auditor General
3shall review the determination and the assumptions on which it
4is based, and if he finds that the determination and the
5assumptions on which it is based are unreasonable in the
6aggregate, he shall issue a new determination of the funded
7ratio, the assumptions on which it is based and the increased
8contribution required each year as a level percentage of
9payroll over the years remaining until 2040 using the
10projected unit credit actuarial cost method so the funded
11ratio does not decline below 60%, or, in the event of an actual
12decline below 60%, so the funded ratio is projected to reach
1360% by no later than 10 years after the then current year. If
14the Board of Trustees or the Auditor General determine that an
15increased contribution is required to meet the funded ratio
16required by the subsection, effective January 1 following the
17determination or 30 days after such determination, whichever
18is later, one-third of the increased contribution shall be
19paid by participating employees and two-thirds by the
20Authority, in addition to the contributions required by this
21subsection (1).
22    (4) For the period beginning 2040, the minimum
23contribution to the Retirement Plan for each fiscal year shall
24be an amount determined by the Board of Trustees of the
25Retirement Plan to be sufficient to bring the total assets of
26the Retirement Plan up to 90% of its total actuarial

 

 

HB5823- 367 -LRB103 40434 AWJ 72767 b

1liabilities by the end of 2059. Participating employees shall
2be responsible for one-third of the required contribution and
3the Authority shall be responsible for two-thirds of the
4required contribution. In making these determinations, the
5Board of Trustees shall calculate the required contribution
6each year as a level percentage of payroll over the years
7remaining to and including fiscal year 2059 using the
8projected unit credit actuarial cost method. A report
9containing that determination and the actuarial assumptions on
10which it is based shall be filed by September 15 of each year
11with the Authority, the representatives of its participating
12employees, the Auditor General of the State of Illinois and
13the Metropolitan Mobility Regional Transportation Authority.
14If the funded ratio is projected to fail to reach 90% by
15December 31, 2059, the Board of Trustees shall also determine
16the increased contribution required each year as a level
17percentage of payroll over the years remaining until December
1831, 2059 using the projected unit credit actuarial cost method
19so the funded ratio will meet 90% by December 31, 2059 and
20include that determination in its report. Within 60 days after
21receiving the report, the Auditor General shall review the
22determination and the assumptions on which it is based and if
23he finds that the determination and the assumptions on which
24it is based are unreasonable in the aggregate, he shall issue a
25new determination of the funded ratio, the assumptions on
26which it is based and the increased contribution required each

 

 

HB5823- 368 -LRB103 40434 AWJ 72767 b

1year as a level percentage of payroll over the years remaining
2until December 31, 2059 using the projected unit credit
3actuarial cost method so the funded ratio reaches no less than
490% by December 31, 2059. If the Board of Trustees or the
5Auditor General determine that an increased contribution is
6required to meet the funded ratio required by this subsection,
7effective January 1 following the determination or 30 days
8after such determination, whichever is later, one-third of the
9increased contribution shall be paid by participating
10employees and two-thirds by the Authority, in addition to the
11contributions required by subsection (e)(1).
12    (5) Beginning in 2060, the minimum contribution for each
13year shall be the amount needed to maintain the total assets of
14the Retirement Plan at 90% of the total actuarial liabilities
15of the Plan, and the contribution shall be funded two-thirds
16by the Authority and one-third by the participating employees
17in accordance with this subsection.
18    (f) The Authority shall take the steps necessary to comply
19with Section 414(h)(2) of the Internal Revenue Code of 1986,
20as amended, to permit the pick-up of employee contributions
21under subsections (d) and (e) on a tax-deferred basis.
22    (g) The Board of Trustees shall certify to the Governor,
23the General Assembly, the Auditor General, the Board of the
24Metropolitan Mobility Regional Transportation Authority, and
25the Authority at least 90 days prior to the end of each fiscal
26year the amount of the required contributions to the

 

 

HB5823- 369 -LRB103 40434 AWJ 72767 b

1retirement system for the next retirement system fiscal year
2under this Section. The certification shall include a copy of
3the actuarial recommendations upon which it is based. In
4addition, copies of the certification shall be sent to the
5Commission on Government Forecasting and Accountability and
6the Mayor of Chicago.
7    (h)(1) As to an employee who first becomes entitled to a
8retirement allowance commencing on or after November 30, 1989,
9the retirement allowance shall be the amount determined in
10accordance with the following formula:
11        (A) One percent (1%) of his "Average Annual
12    Compensation in the highest four (4) completed Plan Years"
13    for each full year of continuous service from the date of
14    original employment to the effective date of the Plan;
15    plus
16        (B) One and seventy-five hundredths percent (1.75%) of
17    his "Average Annual Compensation in the highest four (4)
18    completed Plan Years" for each year (including fractions
19    thereof to completed calendar months) of continuous
20    service as provided for in the Retirement Plan for Chicago
21    Transit Authority Employees.
22Provided, however that:
23    (2) As to an employee who first becomes entitled to a
24retirement allowance commencing on or after January 1, 1993,
25the retirement allowance shall be the amount determined in
26accordance with the following formula:

 

 

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1        (A) One percent (1%) of his "Average Annual
2    Compensation in the highest four (4) completed Plan Years"
3    for each full year of continuous service from the date of
4    original employment to the effective date of the Plan;
5    plus
6        (B) One and eighty hundredths percent (1.80%) of his
7    "Average Annual Compensation in the highest four (4)
8    completed Plan Years" for each year (including fractions
9    thereof to completed calendar months) of continuous
10    service as provided for in the Retirement Plan for Chicago
11    Transit Authority Employees.
12Provided, however that:
13    (3) As to an employee who first becomes entitled to a
14retirement allowance commencing on or after January 1, 1994,
15the retirement allowance shall be the amount determined in
16accordance with the following formula:
17        (A) One percent (1%) of his "Average Annual
18    Compensation in the highest four (4) completed Plan Years"
19    for each full year of continuous service from the date of
20    original employment to the effective date of the Plan;
21    plus
22        (B) One and eighty-five hundredths percent (1.85%) of
23    his "Average Annual Compensation in the highest four (4)
24    completed Plan Years" for each year (including fractions
25    thereof to completed calendar months) of continuous
26    service as provided for in the Retirement Plan for Chicago

 

 

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1    Transit Authority Employees.
2Provided, however that:
3    (4) As to an employee who first becomes entitled to a
4retirement allowance commencing on or after January 1, 2000,
5the retirement allowance shall be the amount determined in
6accordance with the following formula:
7        (A) One percent (1%) of his "Average Annual
8    Compensation in the highest four (4) completed Plan Years"
9    for each full year of continuous service from the date of
10    original employment to the effective date of the Plan;
11    plus
12        (B) Two percent (2%) of his "Average Annual
13    Compensation in the highest four (4) completed Plan Years"
14    for each year (including fractions thereof to completed
15    calendar months) of continuous service as provided for in
16    the Retirement Plan for Chicago Transit Authority
17    Employees.
18Provided, however that:
19    (5) As to an employee who first becomes entitled to a
20retirement allowance commencing on or after January 1, 2001,
21the retirement allowance shall be the amount determined in
22accordance with the following formula:
23        (A) One percent (1%) of his "Average Annual
24    Compensation in the highest four (4) completed Plan Years"
25    for each full year of continuous service from the date of
26    original employment to the effective date of the Plan;

 

 

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1    plus
2        (B) Two and fifteen hundredths percent (2.15%) of his
3    "Average Annual Compensation in the highest four (4)
4    completed Plan Years" for each year (including fractions
5    thereof to completed calendar months) of continuous
6    service as provided for in the Retirement Plan for Chicago
7    Transit Authority Employees.
8    The changes made by this amendatory Act of the 95th
9General Assembly, to the extent that they affect the rights or
10privileges of Authority employees that are currently the
11subject of collective bargaining, have been agreed to between
12the authorized representatives of these employees and of the
13Authority prior to enactment of this amendatory Act, as
14evidenced by a Memorandum of Understanding between these
15representatives that will be filed with the Secretary of State
16Index Department and designated as "95-GA-C05". The General
17Assembly finds and declares that those changes are consistent
18with 49 U.S.C. 5333(b) (also known as Section 13(c) of the
19Federal Transit Act) because of this agreement between
20authorized representatives of these employees and of the
21Authority, and that any future amendments to the provisions of
22this amendatory Act of the 95th General Assembly, to the
23extent those amendments would affect the rights and privileges
24of Authority employees that are currently the subject of
25collective bargaining, would be consistent with 49 U.S.C.
265333(b) if and only if those amendments were agreed to between

 

 

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1these authorized representatives prior to enactment.
2    (i) Early retirement incentive plan; funded ratio.
3        (1) Beginning on the effective date of this Section,
4    no early retirement incentive shall be offered to
5    participants of the Plan unless the Funded Ratio of the
6    Plan is at least 80% or more.
7        (2) For the purposes of this Section, the Funded Ratio
8    shall be the Adjusted Assets divided by the Actuarial
9    Accrued Liability developed in accordance with Statement
10    #25 promulgated by the Government Accounting Standards
11    Board and the actuarial assumptions described in the Plan.
12    The Adjusted Assets shall be calculated based on the
13    methodology described in the Plan.
14    (j) Nothing in this amendatory Act of the 95th General
15Assembly shall impair the rights or privileges of Authority
16employees under any other law.
17    (k) Any individual who, on or after August 19, 2011 (the
18effective date of Public Act 97-442), first becomes a
19participant of the Retirement Plan shall not be paid any of the
20benefits provided under this Code if he or she is convicted of
21a felony relating to, arising out of, or in connection with his
22or her service as a participant.
23    This subsection (k) shall not operate to impair any
24contract or vested right acquired before August 19, 2011 (the
25effective date of Public Act 97-442) under any law or laws
26continued in this Code, and it shall not preclude the right to

 

 

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1refund.
2(Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12;
397-813, eff. 7-13-12.)
 
4    (40 ILCS 5/22-101B)
5    Sec. 22-101B. Health Care Benefits.
6    (a) The Metropolitan Mobility Chicago Transit Authority
7(hereinafter referred to in this Section as the "Authority")
8shall take all actions lawfully available to it to separate
9the funding of health care benefits for retirees and their
10dependents and survivors from the funding for its retirement
11system. The Authority shall endeavor to achieve this
12separation as soon as possible, and in any event no later than
13July 1, 2009.
14    (b) Effective 90 days after the effective date of this
15amendatory Act of the 95th General Assembly, a Retiree Health
16Care Trust is established for the purpose of providing health
17care benefits to eligible retirees and their dependents and
18survivors in accordance with the terms and conditions set
19forth in this Section 22-101B. The Retiree Health Care Trust
20shall be solely responsible for providing health care benefits
21to eligible retirees and their dependents and survivors upon
22the exhaustion of the account established by the Retirement
23Plan for Chicago Transit Authority Employees pursuant to
24Section 401(h) of the Internal Revenue Code of 1986, but no
25earlier than January 1, 2009 and no later than July 1, 2009.

 

 

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1        (1) The Board of Trustees shall consist of 7 members
2    appointed as follows: (i) 4 3 trustees shall be appointed
3    by the Metropolitan Mobility Authority Board Chicago
4    Transit Board; (ii) one trustee shall be appointed by an
5    organization representing the highest number of former
6    Chicago Transit Authority participants; (iii) one trustee
7    shall be appointed by an organization representing the
8    second-highest number of former Chicago Transit Authority
9    participants; and (iv) one trustee shall be appointed by
10    the recognized coalition representatives of participants
11    who are not represented by an organization with the
12    highest or second-highest number of former Chicago Transit
13    Authority participants; and (v) one trustee shall be
14    selected by the Regional Transportation Authority Board of
15    Directors, and the trustee shall be a professional
16    fiduciary who has experience in the area of collectively
17    bargained retiree health plans. Those trustees serving on
18    the effective date of this amendatory Act of the 103rd
19    General Assembly appointed by the Chicago Transit Board
20    and the Regional Transportation Authority Board of
21    Directors shall continue serving until their terms end or
22    they are replaced by the Metropolitan Mobility Authority
23    Board. Trustees shall serve until a successor has been
24    appointed and qualified, or until resignation, death,
25    incapacity, or disqualification.
26        Any person appointed as a trustee of the board shall

 

 

HB5823- 376 -LRB103 40434 AWJ 72767 b

1    qualify by taking an oath of office that he or she will
2    diligently and honestly administer the affairs of the
3    system, and will not knowingly violate or willfully permit
4    the violation of any of the provisions of law applicable
5    to the Plan, including Sections 1-109, 1-109.1, 1-109.2,
6    1-110, 1-111, 1-114, and 1-115 of Article 1 of the
7    Illinois Pension Code.
8        Each trustee shall cast individual votes, and a
9    majority vote shall be final and binding upon all
10    interested parties, provided that the Board of Trustees
11    may require a supermajority vote with respect to the
12    investment of the assets of the Retiree Health Care Trust,
13    and may set forth that requirement in the trust agreement
14    or by-laws of the Board of Trustees. Each trustee shall
15    have the rights, privileges, authority and obligations as
16    are usual and customary for such fiduciaries.
17        (2) The Board of Trustees shall establish and
18    administer a health care benefit program for eligible
19    retirees and their dependents and survivors. Any health
20    care benefit program established by the Board of Trustees
21    for eligible retirees and their dependents and survivors
22    effective on or after July 1, 2009 shall not contain any
23    plan which provides for more than 90% coverage for
24    in-network services or 70% coverage for out-of-network
25    services after any deductible has been paid, except that
26    coverage through a health maintenance organization ("HMO")

 

 

HB5823- 377 -LRB103 40434 AWJ 72767 b

1    may be provided at 100%.
2        (2.5) The Board of Trustees may also establish and
3    administer a health reimbursement arrangement for retirees
4    and for former employees of the Authority or the
5    Retirement Plan, and their survivors, who have contributed
6    to the Retiree Health Care Trust but do not satisfy the
7    years of service requirement of subdivision (b)(4) and the
8    terms of the retiree health care plan; or for those who do
9    satisfy the requirements of subdivision (b)(4) and the
10    terms of the retiree health care plan but who decline
11    coverage under the plan prior to retirement. Any such
12    health reimbursement arrangement may provide that: the
13    retirees or former employees of the Authority or the
14    Retirement Plan, and their survivors, must have reached
15    age 65 to be eligible to participate in the health
16    reimbursement arrangement; contributions by the retirees
17    or former employees of the Authority or the Retirement
18    Plan to the Retiree Health Care Trust shall be considered
19    assets of the Retiree Health Care Trust only;
20    contributions shall not accrue interest for the benefit of
21    the retiree or former employee of the Authority or the
22    Retirement Plan or survivor; benefits shall be payable in
23    accordance with the Internal Revenue Code of 1986; the
24    amounts paid to or on account of the retiree or former
25    employee of the Authority or the Retirement Plan or
26    survivor shall not exceed the total amount which the

 

 

HB5823- 378 -LRB103 40434 AWJ 72767 b

1    retiree or former employee of the Authority or the
2    Retirement Plan contributed to the Retiree Health Care
3    Trust; the Retiree Health Care Trust may charge a
4    reasonable administrative fee for processing the benefits.
5    The Board of Trustees of the Retiree Health Care Trust may
6    establish such rules, limitations and requirements as the
7    Board of Trustees deems appropriate.
8        (3) The Retiree Health Care Trust shall be
9    administered by the Board of Trustees according to the
10    following requirements:
11            (i) The Board of Trustees may cause amounts on
12        deposit in the Retiree Health Care Trust to be
13        invested in those investments that are permitted
14        investments for the investment of moneys held under
15        any one or more of the pension or retirement systems of
16        the State, any unit of local government or school
17        district, or any agency or instrumentality thereof.
18        The Board, by a vote of at least two-thirds of the
19        trustees, may transfer investment management to the
20        Illinois State Board of Investment, which is hereby
21        authorized to manage these investments when so
22        requested by the Board of Trustees.
23            (ii) The Board of Trustees shall establish and
24        maintain an appropriate funding reserve level which
25        shall not be less than the amount of incurred and
26        unreported claims plus 12 months of expected claims

 

 

HB5823- 379 -LRB103 40434 AWJ 72767 b

1        and administrative expenses.
2            (iii) The Board of Trustees shall make an annual
3        assessment of the funding levels of the Retiree Health
4        Care Trust and shall submit a report to the Auditor
5        General at least 90 days prior to the end of the fiscal
6        year. The report shall provide the following:
7                (A) the actuarial present value of projected
8            benefits expected to be paid to current and future
9            retirees and their dependents and survivors;
10                (B) the actuarial present value of projected
11            contributions and trust income plus assets;
12                (C) the reserve required by subsection
13            (b)(3)(ii); and
14                (D) an assessment of whether the actuarial
15            present value of projected benefits expected to be
16            paid to current and future retirees and their
17            dependents and survivors exceeds or is less than
18            the actuarial present value of projected
19            contributions and trust income plus assets in
20            excess of the reserve required by subsection
21            (b)(3)(ii).
22            If the actuarial present value of projected
23        benefits expected to be paid to current and future
24        retirees and their dependents and survivors exceeds
25        the actuarial present value of projected contributions
26        and trust income plus assets in excess of the reserve

 

 

HB5823- 380 -LRB103 40434 AWJ 72767 b

1        required by subsection (b)(3)(ii), then the report
2        shall provide a plan, to be implemented over a period
3        of not more than 10 years from each valuation date,
4        which would make the actuarial present value of
5        projected contributions and trust income plus assets
6        equal to or exceed the actuarial present value of
7        projected benefits expected to be paid to current and
8        future retirees and their dependents and survivors.
9        The plan may consist of increases in employee,
10        retiree, dependent, or survivor contribution levels,
11        decreases in benefit levels, or other plan changes or
12        any combination thereof. If the actuarial present
13        value of projected benefits expected to be paid to
14        current and future retirees and their dependents and
15        survivors is less than the actuarial present value of
16        projected contributions and trust income plus assets
17        in excess of the reserve required by subsection
18        (b)(3)(ii), then the report may provide a plan of
19        decreases in employee, retiree, dependent, or survivor
20        contribution levels, increases in benefit levels, or
21        other plan changes, or any combination thereof, to the
22        extent of the surplus.
23            (iv) The Auditor General shall review the report
24        and plan provided in subsection (b)(3)(iii) and issue
25        a determination within 90 days after receiving the
26        report and plan, with a copy of such determination

 

 

HB5823- 381 -LRB103 40434 AWJ 72767 b

1        provided to the General Assembly and the Metropolitan
2        Mobility Regional Transportation Authority, as
3        follows:
4                (A) In the event of a projected shortfall, if
5            the Auditor General determines that the
6            assumptions stated in the report are not
7            unreasonable in the aggregate and that the plan of
8            increases in employee, retiree, dependent, or
9            survivor contribution levels, decreases in benefit
10            levels, or other plan changes, or any combination
11            thereof, to be implemented over a period of not
12            more than 10 years from each valuation date, is
13            reasonably projected to make the actuarial present
14            value of projected contributions and trust income
15            plus assets equal to or in excess of the actuarial
16            present value of projected benefits expected to be
17            paid to current and future retirees and their
18            dependents and survivors, then the Board of
19            Trustees shall implement the plan. If the Auditor
20            General determines that the assumptions stated in
21            the report are unreasonable in the aggregate, or
22            that the plan of increases in employee, retiree,
23            dependent, or survivor contribution levels,
24            decreases in benefit levels, or other plan changes
25            to be implemented over a period of not more than 10
26            years from each valuation date, is not reasonably

 

 

HB5823- 382 -LRB103 40434 AWJ 72767 b

1            projected to make the actuarial present value of
2            projected contributions and trust income plus
3            assets equal to or in excess of the actuarial
4            present value of projected benefits expected to be
5            paid to current and future retirees and their
6            dependents and survivors, then the Board of
7            Trustees shall not implement the plan, the Auditor
8            General shall explain the basis for such
9            determination to the Board of Trustees, and the
10            Auditor General may make recommendations as to an
11            alternative report and plan.
12                (B) In the event of a projected surplus, if
13            the Auditor General determines that the
14            assumptions stated in the report are not
15            unreasonable in the aggregate and that the plan of
16            decreases in employee, retiree, dependent, or
17            survivor contribution levels, increases in benefit
18            levels, or both, is not unreasonable in the
19            aggregate, then the Board of Trustees shall
20            implement the plan. If the Auditor General
21            determines that the assumptions stated in the
22            report are unreasonable in the aggregate, or that
23            the plan of decreases in employee, retiree,
24            dependent, or survivor contribution levels,
25            increases in benefit levels, or both, is
26            unreasonable in the aggregate, then the Board of

 

 

HB5823- 383 -LRB103 40434 AWJ 72767 b

1            Trustees shall not implement the plan, the Auditor
2            General shall explain the basis for such
3            determination to the Board of Trustees, and the
4            Auditor General may make recommendations as to an
5            alternative report and plan.
6                (C) The Board of Trustees shall submit an
7            alternative report and plan within 45 days after
8            receiving a rejection determination by the Auditor
9            General. A determination by the Auditor General on
10            any alternative report and plan submitted by the
11            Board of Trustees shall be made within 90 days
12            after receiving the alternative report and plan,
13            and shall be accepted or rejected according to the
14            requirements of this subsection (b)(3)(iv). The
15            Board of Trustees shall continue to submit
16            alternative reports and plans to the Auditor
17            General, as necessary, until a favorable
18            determination is made by the Auditor General.
19        (4) For any retiree who first retires effective on or
20    after January 18, 2008, to be eligible for retiree health
21    care benefits upon retirement, the retiree must be at
22    least 55 years of age, retire with 10 or more years of
23    continuous service and satisfy the preconditions
24    established by Public Act 95-708 in addition to any rules
25    or regulations promulgated by the Board of Trustees.
26    Notwithstanding the foregoing, any retiree hired on or

 

 

HB5823- 384 -LRB103 40434 AWJ 72767 b

1    before September 5, 2001 who retires with 25 years or more
2    of continuous service shall be eligible for retiree health
3    care benefits upon retirement in accordance with any rules
4    or regulations adopted by the Board of Trustees; provided
5    he or she retires prior to the full execution of the
6    successor collective bargaining agreement to the
7    collective bargaining agreement that became effective
8    January 1, 2007 between the Authority and the
9    organizations representing the highest and second-highest
10    number of former Chicago Transit Authority participants.
11    This paragraph (4) shall not apply to a disability
12    allowance.
13        (5) Effective January 1, 2009, the aggregate amount of
14    retiree, dependent and survivor contributions to the cost
15    of their health care benefits shall not exceed more than
16    45% of the total cost of such benefits. The Board of
17    Trustees shall have the discretion to provide different
18    contribution levels for retirees, dependents and survivors
19    based on their years of service, level of coverage or
20    Medicare eligibility, provided that the total contribution
21    from all retirees, dependents, and survivors shall be not
22    more than 45% of the total cost of such benefits. The term
23    "total cost of such benefits" for purposes of this
24    subsection shall be the total amount expended by the
25    retiree health benefit program in the prior plan year, as
26    calculated and certified in writing by the Retiree Health

 

 

HB5823- 385 -LRB103 40434 AWJ 72767 b

1    Care Trust's enrolled actuary to be appointed and paid for
2    by the Board of Trustees.
3        (6) Effective January 1, 2022, all employees of the
4    Authority shall contribute to the Retiree Health Care
5    Trust in an amount not less than 1% of compensation.
6        (7) No earlier than January 1, 2009 and no later than
7    July 1, 2009 as the Retiree Health Care Trust becomes
8    solely responsible for providing health care benefits to
9    eligible retirees and their dependents and survivors in
10    accordance with subsection (b) of this Section 22-101B,
11    the Authority shall not have any obligation to provide
12    health care to current or future retirees and their
13    dependents or survivors. Employees, retirees, dependents,
14    and survivors who are required to make contributions to
15    the Retiree Health Care Trust shall make contributions at
16    the level set by the Board of Trustees pursuant to the
17    requirements of this Section 22-101B.
18(Source: P.A. 102-415, eff. 1-1-22.)
 
19    (40 ILCS 5/22-103)
20    Sec. 22-103. Metropolitan Mobility Regional Transportation
21Authority and related pension plans.
22    (a) As used in this Section:
23    "Affected pension plan" means a defined-benefit pension
24plan supported in whole or in part by employer contributions
25and maintained by the Metropolitan Mobility Authority Regional

 

 

HB5823- 386 -LRB103 40434 AWJ 72767 b

1Transportation Authority, the Suburban Bus Division, or the
2Commuter Rail Division, or any combination thereof, under the
3general authority of the Metropolitan Mobility Regional
4Transportation Authority Act, including but not limited to any
5such plan that has been established under or is subject to a
6collective bargaining agreement or is limited to employees
7covered by a collective bargaining agreement. "Affected
8pension plan" does not include any pension fund or retirement
9system subject to Section 22-101 of this Section.
10    "Authority" means the Metropolitan Mobility Regional
11Transportation Authority created under the Metropolitan
12Mobility Regional Transportation Authority Act.
13    "Contributing employer" means an employer that is required
14to make contributions to an affected pension plan under the
15terms of that plan.
16    "Funding ratio" means the ratio of an affected pension
17plan's assets to the present value of its actuarial
18liabilities, as determined at its latest actuarial valuation
19in accordance with applicable actuarial assumptions and
20recommendations.
21    "Under-funded pension plan" or "under-funded" means an
22affected pension plan that, at the time of its last actuarial
23valuation, has a funding ratio of less than 90%.
24    (b) The contributing employers of each affected pension
25plan have a general duty to make the required employer
26contributions to the affected pension plan in a timely manner

 

 

HB5823- 387 -LRB103 40434 AWJ 72767 b

1in accordance with the terms of the plan. A contributing
2employer must make contributions to the affected pension plan
3as required under this subsection and, if applicable,
4subsection (c); a contributing employer may make any
5additional contributions provided for by the board of the
6employer or collective bargaining agreement.
7    (c) In the case of an affected pension plan that is
8under-funded on January 1, 2009 or becomes under-funded at any
9time after that date, the contributing employers shall
10contribute to the affected pension plan, in addition to all
11amounts otherwise required, amounts sufficient to bring the
12funding ratio of the affected pension plan up to 90% in
13accordance with an amortization schedule adopted jointly by
14the contributing employers and the trustee of the affected
15pension plan. The amortization schedule may extend for any
16period up to a maximum of 50 years and shall provide for
17additional employer contributions in substantially equal
18annual amounts over the selected period. If the contributing
19employers and the trustee of the affected pension plan do not
20agree on an appropriate period for the amortization schedule
21within 6 months of the date of determination that the plan is
22under-funded, then the amortization schedule shall be based on
23a period of 50 years.
24    In the case of an affected pension plan that has more than
25one contributing employer, each contributing employer's share
26of the total additional employer contributions required under

 

 

HB5823- 388 -LRB103 40434 AWJ 72767 b

1this subsection shall be determined: (i) in proportion to the
2amounts, if any, by which the respective contributing
3employers have failed to meet their contribution obligations
4under the terms of the affected pension plan; or (ii) if all of
5the contributing employers have met their contribution
6obligations under the terms of the affected pension plan, then
7in the same proportion as they are required to contribute
8under the terms of that plan. In the case of an affected
9pension plan that has only one contributing employer, that
10contributing employer is responsible for all of the additional
11employer contributions required under this subsection.
12    If an under-funded pension plan is determined to have
13achieved a funding ratio of at least 90% during the period when
14an amortization schedule is in force under this Section, the
15contributing employers and the trustee of the affected pension
16plan, acting jointly, may cancel the amortization schedule and
17the contributing employers may cease making additional
18contributions under this subsection for as long as the
19affected pension plan retains a funding ratio of at least 90%.
20    (d) Beginning January 1, 2009, if the Authority fails to
21pay to an affected pension fund within 30 days after it is due
22(i) any employer contribution that it is required to make as a
23contributing employer, (ii) any additional employer
24contribution that it is required to pay under subsection (c),
25or (iii) any payment that it is required to make under
26subsection (d) of Section 3.03 of the Metropolitan Mobility

 

 

HB5823- 389 -LRB103 40434 AWJ 72767 b

1Authority Act as a result of Section 4.02a or 4.02b of the
2Regional Transportation Authority Act (repealed), the trustee
3of the affected pension fund shall promptly so notify the
4Commission on Government Forecasting and Accountability, the
5Mayor of Chicago, the Governor, and the General Assembly.
6    (e) For purposes of determining employer contributions,
7assets, and actuarial liabilities under this subsection,
8contributions, assets, and liabilities relating to health care
9benefits shall not be included.
10    (f) This amendatory Act of the 94th General Assembly does
11not affect or impair the right of any contributing employer or
12its employees to collectively bargain the amount or level of
13employee contributions to an affected pension plan, to the
14extent that the plan includes employees subject to collective
15bargaining.
16    (g) Any individual who, on or after August 19, 2011 (the
17effective date of Public Act 97-442), first becomes a
18participant of an affected pension plan shall not be paid any
19of the benefits provided under this Code if he or she is
20convicted of a felony relating to, arising out of, or in
21connection with his or her service as a participant.
22    This subsection shall not operate to impair any contract
23or vested right acquired before August 19, 2011 (the effective
24date of Public Act 97-442) under any law or laws continued in
25this Code, and it shall not preclude the right to refund.
26    (h) Notwithstanding any other provision of this Article or

 

 

HB5823- 390 -LRB103 40434 AWJ 72767 b

1any law to the contrary, a person who, on or after January 1,
22012 (the effective date of Public Act 97-609), first becomes
3a director on the Suburban Bus Board, the Commuter Rail Board,
4or the Board of Directors of the Regional Transportation
5Authority, or the Board of Directors of the Metropolitan
6Mobility Authority shall not be eligible to participate in an
7affected pension plan.
8(Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12;
997-813, eff. 7-13-12.)
 
10    (40 ILCS 5/22-105)
11    Sec. 22-105. Application to Metropolitan Mobility Regional
12Transportation Authority Board members. This Code does not
13apply to any individual who first becomes a member of the
14Regional Transportation Authority Board on or after the
15effective date of this amendatory Act of the 98th General
16Assembly with respect to service on that Board or the
17Metropolitan Mobility Authority Board on or after the
18effective date of this amendatory Act of the 103rd General
19Assembly with respect to service on that Board.
20(Source: P.A. 98-108, eff. 7-23-13.)
 
21    Section 8.28. The Illinois Municipal Budget Law is amended
22by changing Section 2 as follows:
 
23    (50 ILCS 330/2)  (from Ch. 85, par. 802)

 

 

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1    Sec. 2. The following terms, unless the context otherwise
2indicates, have the following meaning:
3    (1) "Municipality" means and includes all municipal
4corporations and political subdivisions of this State, or any
5such unit or body hereafter created by authority of law,
6except the following: (a) The State of Illinois; (b) counties;
7(c) cities, villages and incorporated towns; (d) sanitary
8districts created under "An Act to create sanitary districts
9and to remove obstructions in the Des Plaines and Illinois
10Rivers", approved May 29, 1889, as amended; (e) forest
11preserve districts having a population of 500,000 or more,
12created under "An Act to provide for the creation and
13management of forest preserve districts and repealing certain
14Acts therein named", approved June 27, 1913, as amended; (f)
15school districts; (g) the Chicago Park District created under
16"An Act in relation to the creation, maintenance, operation
17and improvement of the Chicago Park District", approved, June
1810, 1933, as amended; (h) park districts created under "The
19Park District Code", approved July 8, 1947, as amended; (i)
20the Metropolitan Mobility Regional Transportation Authority
21created under the Metropolitan Mobility "Regional
22Transportation Authority Act", enacted by the 78th General
23Assembly; and (j) the Illinois Sports Facilities Authority.
24    (2) "Governing body" means the corporate authorities,
25body, or other officer of the municipality authorized by law
26to raise revenue, appropriate funds, or levy taxes for the

 

 

HB5823- 392 -LRB103 40434 AWJ 72767 b

1operation and maintenance thereof.
2    (3) "Department" means the Department of Commerce and
3Economic Opportunity.
4(Source: P.A. 94-793, eff. 5-19-06.)
 
5    Section 8.29. The Counties Code is amended by changing
6Section 6-34000 as follows:
 
7    (55 ILCS 5/6-34000)
8    Sec. 6-34000. Report on funds received under the
9Metropolitan Mobility Regional Transportation Authority Act.
10If the Board of the Metropolitan Mobility Regional
11Transportation Authority adopts an ordinance under Section
126.02 4.03 of the Metropolitan Mobility Regional Transportation
13Authority Act imposing a retailers' occupation tax and a
14service occupation tax at the rate of 0.75% in the counties of
15DuPage, Kane, Lake, McHenry, and Will, then the County Boards
16of DuPage, Kane, Lake, McHenry, and Will counties shall each
17report to the General Assembly and the Commission on
18Government Forecasting and Accountability by March 1 of the
19year following the adoption of the ordinance and March 1 of
20each year thereafter. That report shall include the total
21amounts received by the County under subsection (cc) of
22Section 6.02 (n) of Section 4.03 of the Metropolitan Mobility
23Regional Transportation Authority Act and the expenditures and
24obligations of the County using those funds during the

 

 

HB5823- 393 -LRB103 40434 AWJ 72767 b

1previous calendar year.
2(Source: P.A. 95-906, eff. 8-26-08.)
 
3    Section 8.30. The Illinois Municipal Code is amended by
4changing Sections 11-1-11, 11-74.4-3 and 11-122.2-1 and
5changing the heading of Division 122.2 of Article 11 as
6follows:
 
7    (65 ILCS 5/11-1-11)  (from Ch. 24, par. 11-1-11)
8    Sec. 11-1-11. Agreement with another entity to enforce
9traffic ordinances. The corporate authorities of a
10municipality with a population greater than 1,000,000 may
11enter into an agreement with the Metropolitan Mobility Chicago
12Transit Authority, created under the Metropolitan Mobility
13Metropolitan Transit Authority Act, whereby Chicago Transit
14Authority supervisory employees are empowered to enforce
15certain traffic ordinances enacted by the municipality.
16(Source: P.A. 87-597.)
 
17    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
18    Sec. 11-74.4-3. Definitions. The following terms, wherever
19used or referred to in this Division 74.4 shall have the
20following respective meanings, unless in any case a different
21meaning clearly appears from the context.
22    (a) For any redevelopment project area that has been
23designated pursuant to this Section by an ordinance adopted

 

 

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1prior to November 1, 1999 (the effective date of Public Act
291-478), "blighted area" shall have the meaning set forth in
3this Section prior to that date.
4    On and after November 1, 1999, "blighted area" means any
5improved or vacant area within the boundaries of a
6redevelopment project area located within the territorial
7limits of the municipality where:
8        (1) If improved, industrial, commercial, and
9    residential buildings or improvements are detrimental to
10    the public safety, health, or welfare because of a
11    combination of 5 or more of the following factors, each of
12    which is (i) present, with that presence documented, to a
13    meaningful extent so that a municipality may reasonably
14    find that the factor is clearly present within the intent
15    of the Act and (ii) reasonably distributed throughout the
16    improved part of the redevelopment project area:
17            (A) Dilapidation. An advanced state of disrepair
18        or neglect of necessary repairs to the primary
19        structural components of buildings or improvements in
20        such a combination that a documented building
21        condition analysis determines that major repair is
22        required or the defects are so serious and so
23        extensive that the buildings must be removed.
24            (B) Obsolescence. The condition or process of
25        falling into disuse. Structures have become ill-suited
26        for the original use.

 

 

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1            (C) Deterioration. With respect to buildings,
2        defects including, but not limited to, major defects
3        in the secondary building components such as doors,
4        windows, porches, gutters and downspouts, and fascia.
5        With respect to surface improvements, that the
6        condition of roadways, alleys, curbs, gutters,
7        sidewalks, off-street parking, and surface storage
8        areas evidence deterioration, including, but not
9        limited to, surface cracking, crumbling, potholes,
10        depressions, loose paving material, and weeds
11        protruding through paved surfaces.
12            (D) Presence of structures below minimum code
13        standards. All structures that do not meet the
14        standards of zoning, subdivision, building, fire, and
15        other governmental codes applicable to property, but
16        not including housing and property maintenance codes.
17            (E) Illegal use of individual structures. The use
18        of structures in violation of applicable federal,
19        State, or local laws, exclusive of those applicable to
20        the presence of structures below minimum code
21        standards.
22            (F) Excessive vacancies. The presence of buildings
23        that are unoccupied or under-utilized and that
24        represent an adverse influence on the area because of
25        the frequency, extent, or duration of the vacancies.
26            (G) Lack of ventilation, light, or sanitary

 

 

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1        facilities. The absence of adequate ventilation for
2        light or air circulation in spaces or rooms without
3        windows, or that require the removal of dust, odor,
4        gas, smoke, or other noxious airborne materials.
5        Inadequate natural light and ventilation means the
6        absence of skylights or windows for interior spaces or
7        rooms and improper window sizes and amounts by room
8        area to window area ratios. Inadequate sanitary
9        facilities refers to the absence or inadequacy of
10        garbage storage and enclosure, bathroom facilities,
11        hot water and kitchens, and structural inadequacies
12        preventing ingress and egress to and from all rooms
13        and units within a building.
14            (H) Inadequate utilities. Underground and overhead
15        utilities such as storm sewers and storm drainage,
16        sanitary sewers, water lines, and gas, telephone, and
17        electrical services that are shown to be inadequate.
18        Inadequate utilities are those that are: (i) of
19        insufficient capacity to serve the uses in the
20        redevelopment project area, (ii) deteriorated,
21        antiquated, obsolete, or in disrepair, or (iii)
22        lacking within the redevelopment project area.
23            (I) Excessive land coverage and overcrowding of
24        structures and community facilities. The
25        over-intensive use of property and the crowding of
26        buildings and accessory facilities onto a site.

 

 

HB5823- 397 -LRB103 40434 AWJ 72767 b

1        Examples of problem conditions warranting the
2        designation of an area as one exhibiting excessive
3        land coverage are: (i) the presence of buildings
4        either improperly situated on parcels or located on
5        parcels of inadequate size and shape in relation to
6        present-day standards of development for health and
7        safety and (ii) the presence of multiple buildings on
8        a single parcel. For there to be a finding of excessive
9        land coverage, these parcels must exhibit one or more
10        of the following conditions: insufficient provision
11        for light and air within or around buildings,
12        increased threat of spread of fire due to the close
13        proximity of buildings, lack of adequate or proper
14        access to a public right-of-way, lack of reasonably
15        required off-street parking, or inadequate provision
16        for loading and service.
17            (J) Deleterious land use or layout. The existence
18        of incompatible land-use relationships, buildings
19        occupied by inappropriate mixed-uses, or uses
20        considered to be noxious, offensive, or unsuitable for
21        the surrounding area.
22            (K) Environmental clean-up. The proposed
23        redevelopment project area has incurred Illinois
24        Environmental Protection Agency or United States
25        Environmental Protection Agency remediation costs for,
26        or a study conducted by an independent consultant

 

 

HB5823- 398 -LRB103 40434 AWJ 72767 b

1        recognized as having expertise in environmental
2        remediation has determined a need for, the clean-up of
3        hazardous waste, hazardous substances, or underground
4        storage tanks required by State or federal law,
5        provided that the remediation costs constitute a
6        material impediment to the development or
7        redevelopment of the redevelopment project area.
8            (L) Lack of community planning. The proposed
9        redevelopment project area was developed prior to or
10        without the benefit or guidance of a community plan.
11        This means that the development occurred prior to the
12        adoption by the municipality of a comprehensive or
13        other community plan or that the plan was not followed
14        at the time of the area's development. This factor
15        must be documented by evidence of adverse or
16        incompatible land-use relationships, inadequate street
17        layout, improper subdivision, parcels of inadequate
18        shape and size to meet contemporary development
19        standards, or other evidence demonstrating an absence
20        of effective community planning.
21            (M) The total equalized assessed value of the
22        proposed redevelopment project area has declined for 3
23        of the last 5 calendar years prior to the year in which
24        the redevelopment project area is designated or is
25        increasing at an annual rate that is less than the
26        balance of the municipality for 3 of the last 5

 

 

HB5823- 399 -LRB103 40434 AWJ 72767 b

1        calendar years for which information is available or
2        is increasing at an annual rate that is less than the
3        Consumer Price Index for All Urban Consumers published
4        by the United States Department of Labor or successor
5        agency for 3 of the last 5 calendar years prior to the
6        year in which the redevelopment project area is
7        designated.
8        (2) If vacant, the sound growth of the redevelopment
9    project area is impaired by a combination of 2 or more of
10    the following factors, each of which is (i) present, with
11    that presence documented, to a meaningful extent so that a
12    municipality may reasonably find that the factor is
13    clearly present within the intent of the Act and (ii)
14    reasonably distributed throughout the vacant part of the
15    redevelopment project area to which it pertains:
16            (A) Obsolete platting of vacant land that results
17        in parcels of limited or narrow size or configurations
18        of parcels of irregular size or shape that would be
19        difficult to develop on a planned basis and in a manner
20        compatible with contemporary standards and
21        requirements, or platting that failed to create
22        rights-of-ways for streets or alleys or that created
23        inadequate right-of-way widths for streets, alleys, or
24        other public rights-of-way or that omitted easements
25        for public utilities.
26            (B) Diversity of ownership of parcels of vacant

 

 

HB5823- 400 -LRB103 40434 AWJ 72767 b

1        land sufficient in number to retard or impede the
2        ability to assemble the land for development.
3            (C) Tax and special assessment delinquencies exist
4        or the property has been the subject of tax sales under
5        the Property Tax Code within the last 5 years.
6            (D) Deterioration of structures or site
7        improvements in neighboring areas adjacent to the
8        vacant land.
9            (E) The area has incurred Illinois Environmental
10        Protection Agency or United States Environmental
11        Protection Agency remediation costs for, or a study
12        conducted by an independent consultant recognized as
13        having expertise in environmental remediation has
14        determined a need for, the clean-up of hazardous
15        waste, hazardous substances, or underground storage
16        tanks required by State or federal law, provided that
17        the remediation costs constitute a material impediment
18        to the development or redevelopment of the
19        redevelopment project area.
20            (F) The total equalized assessed value of the
21        proposed redevelopment project area has declined for 3
22        of the last 5 calendar years prior to the year in which
23        the redevelopment project area is designated or is
24        increasing at an annual rate that is less than the
25        balance of the municipality for 3 of the last 5
26        calendar years for which information is available or

 

 

HB5823- 401 -LRB103 40434 AWJ 72767 b

1        is increasing at an annual rate that is less than the
2        Consumer Price Index for All Urban Consumers published
3        by the United States Department of Labor or successor
4        agency for 3 of the last 5 calendar years prior to the
5        year in which the redevelopment project area is
6        designated.
7        (3) If vacant, the sound growth of the redevelopment
8    project area is impaired by one of the following factors
9    that (i) is present, with that presence documented, to a
10    meaningful extent so that a municipality may reasonably
11    find that the factor is clearly present within the intent
12    of the Act and (ii) is reasonably distributed throughout
13    the vacant part of the redevelopment project area to which
14    it pertains:
15            (A) The area consists of one or more unused
16        quarries, mines, or strip mine ponds.
17            (B) The area consists of unused rail yards, rail
18        tracks, or railroad rights-of-way.
19            (C) The area, prior to its designation, is subject
20        to (i) chronic flooding that adversely impacts on real
21        property in the area as certified by a registered
22        professional engineer or appropriate regulatory agency
23        or (ii) surface water that discharges from all or a
24        part of the area and contributes to flooding within
25        the same watershed, but only if the redevelopment
26        project provides for facilities or improvements to

 

 

HB5823- 402 -LRB103 40434 AWJ 72767 b

1        contribute to the alleviation of all or part of the
2        flooding.
3            (D) The area consists of an unused or illegal
4        disposal site containing earth, stone, building
5        debris, or similar materials that were removed from
6        construction, demolition, excavation, or dredge sites.
7            (E) Prior to November 1, 1999, the area is not less
8        than 50 nor more than 100 acres and 75% of which is
9        vacant (notwithstanding that the area has been used
10        for commercial agricultural purposes within 5 years
11        prior to the designation of the redevelopment project
12        area), and the area meets at least one of the factors
13        itemized in paragraph (1) of this subsection, the area
14        has been designated as a town or village center by
15        ordinance or comprehensive plan adopted prior to
16        January 1, 1982, and the area has not been developed
17        for that designated purpose.
18            (F) The area qualified as a blighted improved area
19        immediately prior to becoming vacant, unless there has
20        been substantial private investment in the immediately
21        surrounding area.
22    (b) For any redevelopment project area that has been
23designated pursuant to this Section by an ordinance adopted
24prior to November 1, 1999 (the effective date of Public Act
2591-478), "conservation area" shall have the meaning set forth
26in this Section prior to that date.

 

 

HB5823- 403 -LRB103 40434 AWJ 72767 b

1    On and after November 1, 1999, "conservation area" means
2any improved area within the boundaries of a redevelopment
3project area located within the territorial limits of the
4municipality in which 50% or more of the structures in the area
5have an age of 35 years or more. Such an area is not yet a
6blighted area but because of a combination of 3 or more of the
7following factors is detrimental to the public safety, health,
8morals or welfare and such an area may become a blighted area:
9        (1) Dilapidation. An advanced state of disrepair or
10    neglect of necessary repairs to the primary structural
11    components of buildings or improvements in such a
12    combination that a documented building condition analysis
13    determines that major repair is required or the defects
14    are so serious and so extensive that the buildings must be
15    removed.
16        (2) Obsolescence. The condition or process of falling
17    into disuse. Structures have become ill-suited for the
18    original use.
19        (3) Deterioration. With respect to buildings, defects
20    including, but not limited to, major defects in the
21    secondary building components such as doors, windows,
22    porches, gutters and downspouts, and fascia. With respect
23    to surface improvements, that the condition of roadways,
24    alleys, curbs, gutters, sidewalks, off-street parking, and
25    surface storage areas evidence deterioration, including,
26    but not limited to, surface cracking, crumbling, potholes,

 

 

HB5823- 404 -LRB103 40434 AWJ 72767 b

1    depressions, loose paving material, and weeds protruding
2    through paved surfaces.
3        (4) Presence of structures below minimum code
4    standards. All structures that do not meet the standards
5    of zoning, subdivision, building, fire, and other
6    governmental codes applicable to property, but not
7    including housing and property maintenance codes.
8        (5) Illegal use of individual structures. The use of
9    structures in violation of applicable federal, State, or
10    local laws, exclusive of those applicable to the presence
11    of structures below minimum code standards.
12        (6) Excessive vacancies. The presence of buildings
13    that are unoccupied or under-utilized and that represent
14    an adverse influence on the area because of the frequency,
15    extent, or duration of the vacancies.
16        (7) Lack of ventilation, light, or sanitary
17    facilities. The absence of adequate ventilation for light
18    or air circulation in spaces or rooms without windows, or
19    that require the removal of dust, odor, gas, smoke, or
20    other noxious airborne materials. Inadequate natural light
21    and ventilation means the absence or inadequacy of
22    skylights or windows for interior spaces or rooms and
23    improper window sizes and amounts by room area to window
24    area ratios. Inadequate sanitary facilities refers to the
25    absence or inadequacy of garbage storage and enclosure,
26    bathroom facilities, hot water and kitchens, and

 

 

HB5823- 405 -LRB103 40434 AWJ 72767 b

1    structural inadequacies preventing ingress and egress to
2    and from all rooms and units within a building.
3        (8) Inadequate utilities. Underground and overhead
4    utilities such as storm sewers and storm drainage,
5    sanitary sewers, water lines, and gas, telephone, and
6    electrical services that are shown to be inadequate.
7    Inadequate utilities are those that are: (i) of
8    insufficient capacity to serve the uses in the
9    redevelopment project area, (ii) deteriorated, antiquated,
10    obsolete, or in disrepair, or (iii) lacking within the
11    redevelopment project area.
12        (9) Excessive land coverage and overcrowding of
13    structures and community facilities. The over-intensive
14    use of property and the crowding of buildings and
15    accessory facilities onto a site. Examples of problem
16    conditions warranting the designation of an area as one
17    exhibiting excessive land coverage are: the presence of
18    buildings either improperly situated on parcels or located
19    on parcels of inadequate size and shape in relation to
20    present-day standards of development for health and safety
21    and the presence of multiple buildings on a single parcel.
22    For there to be a finding of excessive land coverage,
23    these parcels must exhibit one or more of the following
24    conditions: insufficient provision for light and air
25    within or around buildings, increased threat of spread of
26    fire due to the close proximity of buildings, lack of

 

 

HB5823- 406 -LRB103 40434 AWJ 72767 b

1    adequate or proper access to a public right-of-way, lack
2    of reasonably required off-street parking, or inadequate
3    provision for loading and service.
4        (10) Deleterious land use or layout. The existence of
5    incompatible land-use relationships, buildings occupied by
6    inappropriate mixed-uses, or uses considered to be
7    noxious, offensive, or unsuitable for the surrounding
8    area.
9        (11) Lack of community planning. The proposed
10    redevelopment project area was developed prior to or
11    without the benefit or guidance of a community plan. This
12    means that the development occurred prior to the adoption
13    by the municipality of a comprehensive or other community
14    plan or that the plan was not followed at the time of the
15    area's development. This factor must be documented by
16    evidence of adverse or incompatible land-use
17    relationships, inadequate street layout, improper
18    subdivision, parcels of inadequate shape and size to meet
19    contemporary development standards, or other evidence
20    demonstrating an absence of effective community planning.
21        (12) The area has incurred Illinois Environmental
22    Protection Agency or United States Environmental
23    Protection Agency remediation costs for, or a study
24    conducted by an independent consultant recognized as
25    having expertise in environmental remediation has
26    determined a need for, the clean-up of hazardous waste,

 

 

HB5823- 407 -LRB103 40434 AWJ 72767 b

1    hazardous substances, or underground storage tanks
2    required by State or federal law, provided that the
3    remediation costs constitute a material impediment to the
4    development or redevelopment of the redevelopment project
5    area.
6        (13) The total equalized assessed value of the
7    proposed redevelopment project area has declined for 3 of
8    the last 5 calendar years for which information is
9    available or is increasing at an annual rate that is less
10    than the balance of the municipality for 3 of the last 5
11    calendar years for which information is available or is
12    increasing at an annual rate that is less than the
13    Consumer Price Index for All Urban Consumers published by
14    the United States Department of Labor or successor agency
15    for 3 of the last 5 calendar years for which information is
16    available.
17    (c) "Industrial park" means an area in a blighted or
18conservation area suitable for use by any manufacturing,
19industrial, research or transportation enterprise, of
20facilities to include but not be limited to factories, mills,
21processing plants, assembly plants, packing plants,
22fabricating plants, industrial distribution centers,
23warehouses, repair overhaul or service facilities, freight
24terminals, research facilities, test facilities or railroad
25facilities.
26    (d) "Industrial park conservation area" means an area

 

 

HB5823- 408 -LRB103 40434 AWJ 72767 b

1within the boundaries of a redevelopment project area located
2within the territorial limits of a municipality that is a
3labor surplus municipality or within 1 1/2 miles of the
4territorial limits of a municipality that is a labor surplus
5municipality if the area is annexed to the municipality; which
6area is zoned as industrial no later than at the time the
7municipality by ordinance designates the redevelopment project
8area, and which area includes both vacant land suitable for
9use as an industrial park and a blighted area or conservation
10area contiguous to such vacant land.
11    (e) "Labor surplus municipality" means a municipality in
12which, at any time during the 6 months before the municipality
13by ordinance designates an industrial park conservation area,
14the unemployment rate was over 6% and was also 100% or more of
15the national average unemployment rate for that same time as
16published in the United States Department of Labor Bureau of
17Labor Statistics publication entitled "The Employment
18Situation" or its successor publication. For the purpose of
19this subsection, if unemployment rate statistics for the
20municipality are not available, the unemployment rate in the
21municipality shall be deemed to be the same as the
22unemployment rate in the principal county in which the
23municipality is located.
24    (f) "Municipality" shall mean a city, village,
25incorporated town, or a township that is located in the
26unincorporated portion of a county with 3 million or more

 

 

HB5823- 409 -LRB103 40434 AWJ 72767 b

1inhabitants, if the county adopted an ordinance that approved
2the township's redevelopment plan.
3    (g) "Initial Sales Tax Amounts" means the amount of taxes
4paid under the Retailers' Occupation Tax Act, Use Tax Act,
5Service Use Tax Act, the Service Occupation Tax Act, the
6Municipal Retailers' Occupation Tax Act, and the Municipal
7Service Occupation Tax Act by retailers and servicemen on
8transactions at places located in a State Sales Tax Boundary
9during the calendar year 1985.
10    (g-1) "Revised Initial Sales Tax Amounts" means the amount
11of taxes paid under the Retailers' Occupation Tax Act, Use Tax
12Act, Service Use Tax Act, the Service Occupation Tax Act, the
13Municipal Retailers' Occupation Tax Act, and the Municipal
14Service Occupation Tax Act by retailers and servicemen on
15transactions at places located within the State Sales Tax
16Boundary revised pursuant to Section 11-74.4-8a(9) of this
17Act.
18    (h) "Municipal Sales Tax Increment" means an amount equal
19to the increase in the aggregate amount of taxes paid to a
20municipality from the Local Government Tax Fund arising from
21sales by retailers and servicemen within the redevelopment
22project area or State Sales Tax Boundary, as the case may be,
23for as long as the redevelopment project area or State Sales
24Tax Boundary, as the case may be, exist over and above the
25aggregate amount of taxes as certified by the Illinois
26Department of Revenue and paid under the Municipal Retailers'

 

 

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1Occupation Tax Act and the Municipal Service Occupation Tax
2Act by retailers and servicemen, on transactions at places of
3business located in the redevelopment project area or State
4Sales Tax Boundary, as the case may be, during the base year
5which shall be the calendar year immediately prior to the year
6in which the municipality adopted tax increment allocation
7financing. For purposes of computing the aggregate amount of
8such taxes for base years occurring prior to 1985, the
9Department of Revenue shall determine the Initial Sales Tax
10Amounts for such taxes and deduct therefrom an amount equal to
114% of the aggregate amount of taxes per year for each year the
12base year is prior to 1985, but not to exceed a total deduction
13of 12%. The amount so determined shall be known as the
14"Adjusted Initial Sales Tax Amounts". For purposes of
15determining the Municipal Sales Tax Increment, the Department
16of Revenue shall for each period subtract from the amount paid
17to the municipality from the Local Government Tax Fund arising
18from sales by retailers and servicemen on transactions located
19in the redevelopment project area or the State Sales Tax
20Boundary, as the case may be, the certified Initial Sales Tax
21Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
22Initial Sales Tax Amounts for the Municipal Retailers'
23Occupation Tax Act and the Municipal Service Occupation Tax
24Act. For the State Fiscal Year 1989, this calculation shall be
25made by utilizing the calendar year 1987 to determine the tax
26amounts received. For the State Fiscal Year 1990, this

 

 

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1calculation shall be made by utilizing the period from January
21, 1988, until September 30, 1988, to determine the tax
3amounts received from retailers and servicemen pursuant to the
4Municipal Retailers' Occupation Tax and the Municipal Service
5Occupation Tax Act, which shall have deducted therefrom
6nine-twelfths of the certified Initial Sales Tax Amounts, the
7Adjusted Initial Sales Tax Amounts or the Revised Initial
8Sales Tax Amounts as appropriate. For the State Fiscal Year
91991, this calculation shall be made by utilizing the period
10from October 1, 1988, to June 30, 1989, to determine the tax
11amounts received from retailers and servicemen pursuant to the
12Municipal Retailers' Occupation Tax and the Municipal Service
13Occupation Tax Act which shall have deducted therefrom
14nine-twelfths of the certified Initial Sales Tax Amounts,
15Adjusted Initial Sales Tax Amounts or the Revised Initial
16Sales Tax Amounts as appropriate. For every State Fiscal Year
17thereafter, the applicable period shall be the 12 months
18beginning July 1 and ending June 30 to determine the tax
19amounts received which shall have deducted therefrom the
20certified Initial Sales Tax Amounts, the Adjusted Initial
21Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
22the case may be.
23    (i) "Net State Sales Tax Increment" means the sum of the
24following: (a) 80% of the first $100,000 of State Sales Tax
25Increment annually generated within a State Sales Tax
26Boundary; (b) 60% of the amount in excess of $100,000 but not

 

 

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1exceeding $500,000 of State Sales Tax Increment annually
2generated within a State Sales Tax Boundary; and (c) 40% of all
3amounts in excess of $500,000 of State Sales Tax Increment
4annually generated within a State Sales Tax Boundary. If,
5however, a municipality established a tax increment financing
6district in a county with a population in excess of 3,000,000
7before January 1, 1986, and the municipality entered into a
8contract or issued bonds after January 1, 1986, but before
9December 31, 1986, to finance redevelopment project costs
10within a State Sales Tax Boundary, then the Net State Sales Tax
11Increment means, for the fiscal years beginning July 1, 1990,
12and July 1, 1991, 100% of the State Sales Tax Increment
13annually generated within a State Sales Tax Boundary; and
14notwithstanding any other provision of this Act, for those
15fiscal years the Department of Revenue shall distribute to
16those municipalities 100% of their Net State Sales Tax
17Increment before any distribution to any other municipality
18and regardless of whether or not those other municipalities
19will receive 100% of their Net State Sales Tax Increment. For
20Fiscal Year 1999, and every year thereafter until the year
212007, for any municipality that has not entered into a
22contract or has not issued bonds prior to June 1, 1988 to
23finance redevelopment project costs within a State Sales Tax
24Boundary, the Net State Sales Tax Increment shall be
25calculated as follows: By multiplying the Net State Sales Tax
26Increment by 90% in the State Fiscal Year 1999; 80% in the

 

 

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1State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
2in the State Fiscal Year 2002; 50% in the State Fiscal Year
32003; 40% in the State Fiscal Year 2004; 30% in the State
4Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
5the State Fiscal Year 2007. No payment shall be made for State
6Fiscal Year 2008 and thereafter.
7    Municipalities that issued bonds in connection with a
8redevelopment project in a redevelopment project area within
9the State Sales Tax Boundary prior to July 29, 1991, or that
10entered into contracts in connection with a redevelopment
11project in a redevelopment project area before June 1, 1988,
12shall continue to receive their proportional share of the
13Illinois Tax Increment Fund distribution until the date on
14which the redevelopment project is completed or terminated.
15If, however, a municipality that issued bonds in connection
16with a redevelopment project in a redevelopment project area
17within the State Sales Tax Boundary prior to July 29, 1991
18retires the bonds prior to June 30, 2007 or a municipality that
19entered into contracts in connection with a redevelopment
20project in a redevelopment project area before June 1, 1988
21completes the contracts prior to June 30, 2007, then so long as
22the redevelopment project is not completed or is not
23terminated, the Net State Sales Tax Increment shall be
24calculated, beginning on the date on which the bonds are
25retired or the contracts are completed, as follows: By
26multiplying the Net State Sales Tax Increment by 60% in the

 

 

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1State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
2in the State Fiscal Year 2004; 30% in the State Fiscal Year
32005; 20% in the State Fiscal Year 2006; and 10% in the State
4Fiscal Year 2007. No payment shall be made for State Fiscal
5Year 2008 and thereafter. Refunding of any bonds issued prior
6to July 29, 1991, shall not alter the Net State Sales Tax
7Increment.
8    (j) "State Utility Tax Increment Amount" means an amount
9equal to the aggregate increase in State electric and gas tax
10charges imposed on owners and tenants, other than residential
11customers, of properties located within the redevelopment
12project area under Section 9-222 of the Public Utilities Act,
13over and above the aggregate of such charges as certified by
14the Department of Revenue and paid by owners and tenants,
15other than residential customers, of properties within the
16redevelopment project area during the base year, which shall
17be the calendar year immediately prior to the year of the
18adoption of the ordinance authorizing tax increment allocation
19financing.
20    (k) "Net State Utility Tax Increment" means the sum of the
21following: (a) 80% of the first $100,000 of State Utility Tax
22Increment annually generated by a redevelopment project area;
23(b) 60% of the amount in excess of $100,000 but not exceeding
24$500,000 of the State Utility Tax Increment annually generated
25by a redevelopment project area; and (c) 40% of all amounts in
26excess of $500,000 of State Utility Tax Increment annually

 

 

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1generated by a redevelopment project area. For the State
2Fiscal Year 1999, and every year thereafter until the year
32007, for any municipality that has not entered into a
4contract or has not issued bonds prior to June 1, 1988 to
5finance redevelopment project costs within a redevelopment
6project area, the Net State Utility Tax Increment shall be
7calculated as follows: By multiplying the Net State Utility
8Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
9State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
10in the State Fiscal Year 2002; 50% in the State Fiscal Year
112003; 40% in the State Fiscal Year 2004; 30% in the State
12Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
13the State Fiscal Year 2007. No payment shall be made for the
14State Fiscal Year 2008 and thereafter.
15    Municipalities that issue bonds in connection with the
16redevelopment project during the period from June 1, 1988
17until 3 years after the effective date of this Amendatory Act
18of 1988 shall receive the Net State Utility Tax Increment,
19subject to appropriation, for 15 State Fiscal Years after the
20issuance of such bonds. For the 16th through the 20th State
21Fiscal Years after issuance of the bonds, the Net State
22Utility Tax Increment shall be calculated as follows: By
23multiplying the Net State Utility Tax Increment by 90% in year
2416; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
25year 20. Refunding of any bonds issued prior to June 1, 1988,
26shall not alter the revised Net State Utility Tax Increment

 

 

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1payments set forth above.
2    (l) "Obligations" mean bonds, loans, debentures, notes,
3special certificates or other evidence of indebtedness issued
4by the municipality to carry out a redevelopment project or to
5refund outstanding obligations.
6    (m) "Payment in lieu of taxes" means those estimated tax
7revenues from real property in a redevelopment project area
8derived from real property that has been acquired by a
9municipality which according to the redevelopment project or
10plan is to be used for a private use which taxing districts
11would have received had a municipality not acquired the real
12property and adopted tax increment allocation financing and
13which would result from levies made after the time of the
14adoption of tax increment allocation financing to the time the
15current equalized value of real property in the redevelopment
16project area exceeds the total initial equalized value of real
17property in said area.
18    (n) "Redevelopment plan" means the comprehensive program
19of the municipality for development or redevelopment intended
20by the payment of redevelopment project costs to reduce or
21eliminate those conditions the existence of which qualified
22the redevelopment project area as a "blighted area" or
23"conservation area" or combination thereof or "industrial park
24conservation area," and thereby to enhance the tax bases of
25the taxing districts which extend into the redevelopment
26project area, provided that, with respect to redevelopment

 

 

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1project areas described in subsections (p-1) and (p-2),
2"redevelopment plan" means the comprehensive program of the
3affected municipality for the development of qualifying
4transit facilities. On and after November 1, 1999 (the
5effective date of Public Act 91-478), no redevelopment plan
6may be approved or amended that includes the development of
7vacant land (i) with a golf course and related clubhouse and
8other facilities or (ii) designated by federal, State, county,
9or municipal government as public land for outdoor
10recreational activities or for nature preserves and used for
11that purpose within 5 years prior to the adoption of the
12redevelopment plan. For the purpose of this subsection,
13"recreational activities" is limited to mean camping and
14hunting. Each redevelopment plan shall set forth in writing
15the program to be undertaken to accomplish the objectives and
16shall include but not be limited to:
17        (A) an itemized list of estimated redevelopment
18    project costs;
19        (B) evidence indicating that the redevelopment project
20    area on the whole has not been subject to growth and
21    development through investment by private enterprise,
22    provided that such evidence shall not be required for any
23    redevelopment project area located within a transit
24    facility improvement area established pursuant to Section
25    11-74.4-3.3;
26        (C) an assessment of any financial impact of the

 

 

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1    redevelopment project area on or any increased demand for
2    services from any taxing district affected by the plan and
3    any program to address such financial impact or increased
4    demand;
5        (D) the sources of funds to pay costs;
6        (E) the nature and term of the obligations to be
7    issued;
8        (F) the most recent equalized assessed valuation of
9    the redevelopment project area;
10        (G) an estimate as to the equalized assessed valuation
11    after redevelopment and the general land uses to apply in
12    the redevelopment project area;
13        (H) a commitment to fair employment practices and an
14    affirmative action plan;
15        (I) if it concerns an industrial park conservation
16    area, the plan shall also include a general description of
17    any proposed developer, user and tenant of any property, a
18    description of the type, structure and general character
19    of the facilities to be developed, a description of the
20    type, class and number of new employees to be employed in
21    the operation of the facilities to be developed; and
22        (J) if property is to be annexed to the municipality,
23    the plan shall include the terms of the annexation
24    agreement.
25    The provisions of items (B) and (C) of this subsection (n)
26shall not apply to a municipality that before March 14, 1994

 

 

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1(the effective date of Public Act 88-537) had fixed, either by
2its corporate authorities or by a commission designated under
3subsection (k) of Section 11-74.4-4, a time and place for a
4public hearing as required by subsection (a) of Section
511-74.4-5. No redevelopment plan shall be adopted unless a
6municipality complies with all of the following requirements:
7        (1) The municipality finds that the redevelopment
8    project area on the whole has not been subject to growth
9    and development through investment by private enterprise
10    and would not reasonably be anticipated to be developed
11    without the adoption of the redevelopment plan, provided,
12    however, that such a finding shall not be required with
13    respect to any redevelopment project area located within a
14    transit facility improvement area established pursuant to
15    Section 11-74.4-3.3.
16        (2) The municipality finds that the redevelopment plan
17    and project conform to the comprehensive plan for the
18    development of the municipality as a whole, or, for
19    municipalities with a population of 100,000 or more,
20    regardless of when the redevelopment plan and project was
21    adopted, the redevelopment plan and project either: (i)
22    conforms to the strategic economic development or
23    redevelopment plan issued by the designated planning
24    authority of the municipality, or (ii) includes land uses
25    that have been approved by the planning commission of the
26    municipality.

 

 

HB5823- 420 -LRB103 40434 AWJ 72767 b

1        (3) The redevelopment plan establishes the estimated
2    dates of completion of the redevelopment project and
3    retirement of obligations issued to finance redevelopment
4    project costs. Those dates may not be later than the dates
5    set forth under Section 11-74.4-3.5.
6        A municipality may by municipal ordinance amend an
7    existing redevelopment plan to conform to this paragraph
8    (3) as amended by Public Act 91-478, which municipal
9    ordinance may be adopted without further hearing or notice
10    and without complying with the procedures provided in this
11    Act pertaining to an amendment to or the initial approval
12    of a redevelopment plan and project and designation of a
13    redevelopment project area.
14        (3.5) The municipality finds, in the case of an
15    industrial park conservation area, also that the
16    municipality is a labor surplus municipality and that the
17    implementation of the redevelopment plan will reduce
18    unemployment, create new jobs and by the provision of new
19    facilities enhance the tax base of the taxing districts
20    that extend into the redevelopment project area.
21        (4) If any incremental revenues are being utilized
22    under Section 8(a)(1) or 8(a)(2) of this Act in
23    redevelopment project areas approved by ordinance after
24    January 1, 1986, the municipality finds: (a) that the
25    redevelopment project area would not reasonably be
26    developed without the use of such incremental revenues,

 

 

HB5823- 421 -LRB103 40434 AWJ 72767 b

1    and (b) that such incremental revenues will be exclusively
2    utilized for the development of the redevelopment project
3    area.
4        (5) If: (a) the redevelopment plan will not result in
5    displacement of residents from 10 or more inhabited
6    residential units, and the municipality certifies in the
7    plan that such displacement will not result from the plan;
8    or (b) the redevelopment plan is for a redevelopment
9    project area or a qualifying transit facility located
10    within a transit facility improvement area established
11    pursuant to Section 11-74.4-3.3, and the applicable
12    project is subject to the process for evaluation of
13    environmental effects under the National Environmental
14    Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
15    impact study need not be performed. If, however, the
16    redevelopment plan would result in the displacement of
17    residents from 10 or more inhabited residential units, or
18    if the redevelopment project area contains 75 or more
19    inhabited residential units and no certification is made,
20    then the municipality shall prepare, as part of the
21    separate feasibility report required by subsection (a) of
22    Section 11-74.4-5, a housing impact study.
23        Part I of the housing impact study shall include (i)
24    data as to whether the residential units are single family
25    or multi-family units, (ii) the number and type of rooms
26    within the units, if that information is available, (iii)

 

 

HB5823- 422 -LRB103 40434 AWJ 72767 b

1    whether the units are inhabited or uninhabited, as
2    determined not less than 45 days before the date that the
3    ordinance or resolution required by subsection (a) of
4    Section 11-74.4-5 is passed, and (iv) data as to the
5    racial and ethnic composition of the residents in the
6    inhabited residential units. The data requirement as to
7    the racial and ethnic composition of the residents in the
8    inhabited residential units shall be deemed to be fully
9    satisfied by data from the most recent federal census.
10        Part II of the housing impact study shall identify the
11    inhabited residential units in the proposed redevelopment
12    project area that are to be or may be removed. If inhabited
13    residential units are to be removed, then the housing
14    impact study shall identify (i) the number and location of
15    those units that will or may be removed, (ii) the
16    municipality's plans for relocation assistance for those
17    residents in the proposed redevelopment project area whose
18    residences are to be removed, (iii) the availability of
19    replacement housing for those residents whose residences
20    are to be removed, and shall identify the type, location,
21    and cost of the housing, and (iv) the type and extent of
22    relocation assistance to be provided.
23        (6) On and after November 1, 1999, the housing impact
24    study required by paragraph (5) shall be incorporated in
25    the redevelopment plan for the redevelopment project area.
26        (7) On and after November 1, 1999, no redevelopment

 

 

HB5823- 423 -LRB103 40434 AWJ 72767 b

1    plan shall be adopted, nor an existing plan amended, nor
2    shall residential housing that is occupied by households
3    of low-income and very low-income persons in currently
4    existing redevelopment project areas be removed after
5    November 1, 1999 unless the redevelopment plan provides,
6    with respect to inhabited housing units that are to be
7    removed for households of low-income and very low-income
8    persons, affordable housing and relocation assistance not
9    less than that which would be provided under the federal
10    Uniform Relocation Assistance and Real Property
11    Acquisition Policies Act of 1970 and the regulations under
12    that Act, including the eligibility criteria. Affordable
13    housing may be either existing or newly constructed
14    housing. For purposes of this paragraph (7), "low-income
15    households", "very low-income households", and "affordable
16    housing" have the meanings set forth in the Illinois
17    Affordable Housing Act. The municipality shall make a good
18    faith effort to ensure that this affordable housing is
19    located in or near the redevelopment project area within
20    the municipality.
21        (8) On and after November 1, 1999, if, after the
22    adoption of the redevelopment plan for the redevelopment
23    project area, any municipality desires to amend its
24    redevelopment plan to remove more inhabited residential
25    units than specified in its original redevelopment plan,
26    that change shall be made in accordance with the

 

 

HB5823- 424 -LRB103 40434 AWJ 72767 b

1    procedures in subsection (c) of Section 11-74.4-5.
2        (9) For redevelopment project areas designated prior
3    to November 1, 1999, the redevelopment plan may be amended
4    without further joint review board meeting or hearing,
5    provided that the municipality shall give notice of any
6    such changes by mail to each affected taxing district and
7    registrant on the interested party registry, to authorize
8    the municipality to expend tax increment revenues for
9    redevelopment project costs defined by paragraphs (5) and
10    (7.5), subparagraphs (E) and (F) of paragraph (11), and
11    paragraph (11.5) of subsection (q) of Section 11-74.4-3,
12    so long as the changes do not increase the total estimated
13    redevelopment project costs set out in the redevelopment
14    plan by more than 5% after adjustment for inflation from
15    the date the plan was adopted.
16    (o) "Redevelopment project" means any public and private
17development project in furtherance of the objectives of a
18redevelopment plan. On and after November 1, 1999 (the
19effective date of Public Act 91-478), no redevelopment plan
20may be approved or amended that includes the development of
21vacant land (i) with a golf course and related clubhouse and
22other facilities or (ii) designated by federal, State, county,
23or municipal government as public land for outdoor
24recreational activities or for nature preserves and used for
25that purpose within 5 years prior to the adoption of the
26redevelopment plan. For the purpose of this subsection,

 

 

HB5823- 425 -LRB103 40434 AWJ 72767 b

1"recreational activities" is limited to mean camping and
2hunting.
3    (p) "Redevelopment project area" means an area designated
4by the municipality, which is not less in the aggregate than 1
51/2 acres and in respect to which the municipality has made a
6finding that there exist conditions which cause the area to be
7classified as an industrial park conservation area or a
8blighted area or a conservation area, or a combination of both
9blighted areas and conservation areas.
10    (p-1) Notwithstanding any provision of this Act to the
11contrary, on and after August 25, 2009 (the effective date of
12Public Act 96-680), a redevelopment project area may include
13areas within a one-half mile radius of an existing or proposed
14Metropolitan Mobility Regional Transportation Authority
15Suburban Transit Access Route (STAR Line) station without a
16finding that the area is classified as an industrial park
17conservation area, a blighted area, a conservation area, or a
18combination thereof, but only if the municipality receives
19unanimous consent from the joint review board created to
20review the proposed redevelopment project area.
21    (p-2) Notwithstanding any provision of this Act to the
22contrary, on and after the effective date of this amendatory
23Act of the 99th General Assembly, a redevelopment project area
24may include areas within a transit facility improvement area
25that has been established pursuant to Section 11-74.4-3.3
26without a finding that the area is classified as an industrial

 

 

HB5823- 426 -LRB103 40434 AWJ 72767 b

1park conservation area, a blighted area, a conservation area,
2or any combination thereof.
3    (q) "Redevelopment project costs", except for
4redevelopment project areas created pursuant to subsection
5(p-1) or (p-2), means and includes the sum total of all
6reasonable or necessary costs incurred or estimated to be
7incurred, and any such costs incidental to a redevelopment
8plan and a redevelopment project. Such costs include, without
9limitation, the following:
10        (1) Costs of studies, surveys, development of plans,
11    and specifications, implementation and administration of
12    the redevelopment plan including but not limited to staff
13    and professional service costs for architectural,
14    engineering, legal, financial, planning or other services,
15    provided however that no charges for professional services
16    may be based on a percentage of the tax increment
17    collected; except that on and after November 1, 1999 (the
18    effective date of Public Act 91-478), no contracts for
19    professional services, excluding architectural and
20    engineering services, may be entered into if the terms of
21    the contract extend beyond a period of 3 years. In
22    addition, "redevelopment project costs" shall not include
23    lobbying expenses. After consultation with the
24    municipality, each tax increment consultant or advisor to
25    a municipality that plans to designate or has designated a
26    redevelopment project area shall inform the municipality

 

 

HB5823- 427 -LRB103 40434 AWJ 72767 b

1    in writing of any contracts that the consultant or advisor
2    has entered into with entities or individuals that have
3    received, or are receiving, payments financed by tax
4    increment revenues produced by the redevelopment project
5    area with respect to which the consultant or advisor has
6    performed, or will be performing, service for the
7    municipality. This requirement shall be satisfied by the
8    consultant or advisor before the commencement of services
9    for the municipality and thereafter whenever any other
10    contracts with those individuals or entities are executed
11    by the consultant or advisor;
12        (1.5) After July 1, 1999, annual administrative costs
13    shall not include general overhead or administrative costs
14    of the municipality that would still have been incurred by
15    the municipality if the municipality had not designated a
16    redevelopment project area or approved a redevelopment
17    plan;
18        (1.6) The cost of marketing sites within the
19    redevelopment project area to prospective businesses,
20    developers, and investors;
21        (2) Property assembly costs, including but not limited
22    to acquisition of land and other property, real or
23    personal, or rights or interests therein, demolition of
24    buildings, site preparation, site improvements that serve
25    as an engineered barrier addressing ground level or below
26    ground environmental contamination, including, but not

 

 

HB5823- 428 -LRB103 40434 AWJ 72767 b

1    limited to parking lots and other concrete or asphalt
2    barriers, and the clearing and grading of land;
3        (3) Costs of rehabilitation, reconstruction or repair
4    or remodeling of existing public or private buildings,
5    fixtures, and leasehold improvements; and the cost of
6    replacing an existing public building if pursuant to the
7    implementation of a redevelopment project the existing
8    public building is to be demolished to use the site for
9    private investment or devoted to a different use requiring
10    private investment; including any direct or indirect costs
11    relating to Green Globes or LEED certified construction
12    elements or construction elements with an equivalent
13    certification;
14        (4) Costs of the construction of public works or
15    improvements, including any direct or indirect costs
16    relating to Green Globes or LEED certified construction
17    elements or construction elements with an equivalent
18    certification, except that on and after November 1, 1999,
19    redevelopment project costs shall not include the cost of
20    constructing a new municipal public building principally
21    used to provide offices, storage space, or conference
22    facilities or vehicle storage, maintenance, or repair for
23    administrative, public safety, or public works personnel
24    and that is not intended to replace an existing public
25    building as provided under paragraph (3) of subsection (q)
26    of Section 11-74.4-3 unless either (i) the construction of

 

 

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1    the new municipal building implements a redevelopment
2    project that was included in a redevelopment plan that was
3    adopted by the municipality prior to November 1, 1999,
4    (ii) the municipality makes a reasonable determination in
5    the redevelopment plan, supported by information that
6    provides the basis for that determination, that the new
7    municipal building is required to meet an increase in the
8    need for public safety purposes anticipated to result from
9    the implementation of the redevelopment plan, or (iii) the
10    new municipal public building is for the storage,
11    maintenance, or repair of transit vehicles and is located
12    in a transit facility improvement area that has been
13    established pursuant to Section 11-74.4-3.3;
14        (5) Costs of job training and retraining projects,
15    including the cost of "welfare to work" programs
16    implemented by businesses located within the redevelopment
17    project area;
18        (6) Financing costs, including but not limited to all
19    necessary and incidental expenses related to the issuance
20    of obligations and which may include payment of interest
21    on any obligations issued hereunder including interest
22    accruing during the estimated period of construction of
23    any redevelopment project for which such obligations are
24    issued and for not exceeding 36 months thereafter and
25    including reasonable reserves related thereto;
26        (7) To the extent the municipality by written

 

 

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1    agreement accepts and approves the same, all or a portion
2    of a taxing district's capital costs resulting from the
3    redevelopment project necessarily incurred or to be
4    incurred within a taxing district in furtherance of the
5    objectives of the redevelopment plan and project;
6        (7.5) For redevelopment project areas designated (or
7    redevelopment project areas amended to add or increase the
8    number of tax-increment-financing assisted housing units)
9    on or after November 1, 1999, an elementary, secondary, or
10    unit school district's increased costs attributable to
11    assisted housing units located within the redevelopment
12    project area for which the developer or redeveloper
13    receives financial assistance through an agreement with
14    the municipality or because the municipality incurs the
15    cost of necessary infrastructure improvements within the
16    boundaries of the assisted housing sites necessary for the
17    completion of that housing as authorized by this Act, and
18    which costs shall be paid by the municipality from the
19    Special Tax Allocation Fund when the tax increment revenue
20    is received as a result of the assisted housing units and
21    shall be calculated annually as follows:
22            (A) for foundation districts, excluding any school
23        district in a municipality with a population in excess
24        of 1,000,000, by multiplying the district's increase
25        in attendance resulting from the net increase in new
26        students enrolled in that school district who reside

 

 

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1        in housing units within the redevelopment project area
2        that have received financial assistance through an
3        agreement with the municipality or because the
4        municipality incurs the cost of necessary
5        infrastructure improvements within the boundaries of
6        the housing sites necessary for the completion of that
7        housing as authorized by this Act since the
8        designation of the redevelopment project area by the
9        most recently available per capita tuition cost as
10        defined in Section 10-20.12a of the School Code less
11        any increase in general State aid as defined in
12        Section 18-8.05 of the School Code or evidence-based
13        funding as defined in Section 18-8.15 of the School
14        Code attributable to these added new students subject
15        to the following annual limitations:
16                (i) for unit school districts with a district
17            average 1995-96 Per Capita Tuition Charge of less
18            than $5,900, no more than 25% of the total amount
19            of property tax increment revenue produced by
20            those housing units that have received tax
21            increment finance assistance under this Act;
22                (ii) for elementary school districts with a
23            district average 1995-96 Per Capita Tuition Charge
24            of less than $5,900, no more than 17% of the total
25            amount of property tax increment revenue produced
26            by those housing units that have received tax

 

 

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1            increment finance assistance under this Act; and
2                (iii) for secondary school districts with a
3            district average 1995-96 Per Capita Tuition Charge
4            of less than $5,900, no more than 8% of the total
5            amount of property tax increment revenue produced
6            by those housing units that have received tax
7            increment finance assistance under this Act.
8            (B) For alternate method districts, flat grant
9        districts, and foundation districts with a district
10        average 1995-96 Per Capita Tuition Charge equal to or
11        more than $5,900, excluding any school district with a
12        population in excess of 1,000,000, by multiplying the
13        district's increase in attendance resulting from the
14        net increase in new students enrolled in that school
15        district who reside in housing units within the
16        redevelopment project area that have received
17        financial assistance through an agreement with the
18        municipality or because the municipality incurs the
19        cost of necessary infrastructure improvements within
20        the boundaries of the housing sites necessary for the
21        completion of that housing as authorized by this Act
22        since the designation of the redevelopment project
23        area by the most recently available per capita tuition
24        cost as defined in Section 10-20.12a of the School
25        Code less any increase in general state aid as defined
26        in Section 18-8.05 of the School Code or

 

 

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1        evidence-based funding as defined in Section 18-8.15
2        of the School Code attributable to these added new
3        students subject to the following annual limitations:
4                (i) for unit school districts, no more than
5            40% of the total amount of property tax increment
6            revenue produced by those housing units that have
7            received tax increment finance assistance under
8            this Act;
9                (ii) for elementary school districts, no more
10            than 27% of the total amount of property tax
11            increment revenue produced by those housing units
12            that have received tax increment finance
13            assistance under this Act; and
14                (iii) for secondary school districts, no more
15            than 13% of the total amount of property tax
16            increment revenue produced by those housing units
17            that have received tax increment finance
18            assistance under this Act.
19            (C) For any school district in a municipality with
20        a population in excess of 1,000,000, the following
21        restrictions shall apply to the reimbursement of
22        increased costs under this paragraph (7.5):
23                (i) no increased costs shall be reimbursed
24            unless the school district certifies that each of
25            the schools affected by the assisted housing
26            project is at or over its student capacity;

 

 

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1                (ii) the amount reimbursable shall be reduced
2            by the value of any land donated to the school
3            district by the municipality or developer, and by
4            the value of any physical improvements made to the
5            schools by the municipality or developer; and
6                (iii) the amount reimbursed may not affect
7            amounts otherwise obligated by the terms of any
8            bonds, notes, or other funding instruments, or the
9            terms of any redevelopment agreement.
10        Any school district seeking payment under this
11        paragraph (7.5) shall, after July 1 and before
12        September 30 of each year, provide the municipality
13        with reasonable evidence to support its claim for
14        reimbursement before the municipality shall be
15        required to approve or make the payment to the school
16        district. If the school district fails to provide the
17        information during this period in any year, it shall
18        forfeit any claim to reimbursement for that year.
19        School districts may adopt a resolution waiving the
20        right to all or a portion of the reimbursement
21        otherwise required by this paragraph (7.5). By
22        acceptance of this reimbursement the school district
23        waives the right to directly or indirectly set aside,
24        modify, or contest in any manner the establishment of
25        the redevelopment project area or projects;
26        (7.7) For redevelopment project areas designated (or

 

 

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1    redevelopment project areas amended to add or increase the
2    number of tax-increment-financing assisted housing units)
3    on or after January 1, 2005 (the effective date of Public
4    Act 93-961), a public library district's increased costs
5    attributable to assisted housing units located within the
6    redevelopment project area for which the developer or
7    redeveloper receives financial assistance through an
8    agreement with the municipality or because the
9    municipality incurs the cost of necessary infrastructure
10    improvements within the boundaries of the assisted housing
11    sites necessary for the completion of that housing as
12    authorized by this Act shall be paid to the library
13    district by the municipality from the Special Tax
14    Allocation Fund when the tax increment revenue is received
15    as a result of the assisted housing units. This paragraph
16    (7.7) applies only if (i) the library district is located
17    in a county that is subject to the Property Tax Extension
18    Limitation Law or (ii) the library district is not located
19    in a county that is subject to the Property Tax Extension
20    Limitation Law but the district is prohibited by any other
21    law from increasing its tax levy rate without a prior
22    voter referendum.
23        The amount paid to a library district under this
24    paragraph (7.7) shall be calculated by multiplying (i) the
25    net increase in the number of persons eligible to obtain a
26    library card in that district who reside in housing units

 

 

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1    within the redevelopment project area that have received
2    financial assistance through an agreement with the
3    municipality or because the municipality incurs the cost
4    of necessary infrastructure improvements within the
5    boundaries of the housing sites necessary for the
6    completion of that housing as authorized by this Act since
7    the designation of the redevelopment project area by (ii)
8    the per-patron cost of providing library services so long
9    as it does not exceed $120. The per-patron cost shall be
10    the Total Operating Expenditures Per Capita for the
11    library in the previous fiscal year. The municipality may
12    deduct from the amount that it must pay to a library
13    district under this paragraph any amount that it has
14    voluntarily paid to the library district from the tax
15    increment revenue. The amount paid to a library district
16    under this paragraph (7.7) shall be no more than 2% of the
17    amount produced by the assisted housing units and
18    deposited into the Special Tax Allocation Fund.
19        A library district is not eligible for any payment
20    under this paragraph (7.7) unless the library district has
21    experienced an increase in the number of patrons from the
22    municipality that created the tax-increment-financing
23    district since the designation of the redevelopment
24    project area.
25        Any library district seeking payment under this
26    paragraph (7.7) shall, after July 1 and before September

 

 

HB5823- 437 -LRB103 40434 AWJ 72767 b

1    30 of each year, provide the municipality with convincing
2    evidence to support its claim for reimbursement before the
3    municipality shall be required to approve or make the
4    payment to the library district. If the library district
5    fails to provide the information during this period in any
6    year, it shall forfeit any claim to reimbursement for that
7    year. Library districts may adopt a resolution waiving the
8    right to all or a portion of the reimbursement otherwise
9    required by this paragraph (7.7). By acceptance of such
10    reimbursement, the library district shall forfeit any
11    right to directly or indirectly set aside, modify, or
12    contest in any manner whatsoever the establishment of the
13    redevelopment project area or projects;
14        (8) Relocation costs to the extent that a municipality
15    determines that relocation costs shall be paid or is
16    required to make payment of relocation costs by federal or
17    State law or in order to satisfy subparagraph (7) of
18    subsection (n);
19        (9) Payment in lieu of taxes;
20        (10) Costs of job training, retraining, advanced
21    vocational education or career education, including but
22    not limited to courses in occupational, semi-technical or
23    technical fields leading directly to employment, incurred
24    by one or more taxing districts, provided that such costs
25    (i) are related to the establishment and maintenance of
26    additional job training, advanced vocational education or

 

 

HB5823- 438 -LRB103 40434 AWJ 72767 b

1    career education programs for persons employed or to be
2    employed by employers located in a redevelopment project
3    area; and (ii) when incurred by a taxing district or
4    taxing districts other than the municipality, are set
5    forth in a written agreement by or among the municipality
6    and the taxing district or taxing districts, which
7    agreement describes the program to be undertaken,
8    including but not limited to the number of employees to be
9    trained, a description of the training and services to be
10    provided, the number and type of positions available or to
11    be available, itemized costs of the program and sources of
12    funds to pay for the same, and the term of the agreement.
13    Such costs include, specifically, the payment by community
14    college districts of costs pursuant to Sections 3-37,
15    3-38, 3-40 and 3-40.1 of the Public Community College Act
16    and by school districts of costs pursuant to Sections
17    10-22.20a and 10-23.3a of the School Code;
18        (11) Interest cost incurred by a redeveloper related
19    to the construction, renovation or rehabilitation of a
20    redevelopment project provided that:
21            (A) such costs are to be paid directly from the
22        special tax allocation fund established pursuant to
23        this Act;
24            (B) such payments in any one year may not exceed
25        30% of the annual interest costs incurred by the
26        redeveloper with regard to the redevelopment project

 

 

HB5823- 439 -LRB103 40434 AWJ 72767 b

1        during that year;
2            (C) if there are not sufficient funds available in
3        the special tax allocation fund to make the payment
4        pursuant to this paragraph (11) then the amounts so
5        due shall accrue and be payable when sufficient funds
6        are available in the special tax allocation fund;
7            (D) the total of such interest payments paid
8        pursuant to this Act may not exceed 30% of the total
9        (i) cost paid or incurred by the redeveloper for the
10        redevelopment project plus (ii) redevelopment project
11        costs excluding any property assembly costs and any
12        relocation costs incurred by a municipality pursuant
13        to this Act;
14            (E) the cost limits set forth in subparagraphs (B)
15        and (D) of paragraph (11) shall be modified for the
16        financing of rehabilitated or new housing units for
17        low-income households and very low-income households,
18        as defined in Section 3 of the Illinois Affordable
19        Housing Act. The percentage of 75% shall be
20        substituted for 30% in subparagraphs (B) and (D) of
21        paragraph (11); and
22            (F) instead of the eligible costs provided by
23        subparagraphs (B) and (D) of paragraph (11), as
24        modified by this subparagraph, and notwithstanding any
25        other provisions of this Act to the contrary, the
26        municipality may pay from tax increment revenues up to

 

 

HB5823- 440 -LRB103 40434 AWJ 72767 b

1        50% of the cost of construction of new housing units to
2        be occupied by low-income households and very
3        low-income households as defined in Section 3 of the
4        Illinois Affordable Housing Act. The cost of
5        construction of those units may be derived from the
6        proceeds of bonds issued by the municipality under
7        this Act or other constitutional or statutory
8        authority or from other sources of municipal revenue
9        that may be reimbursed from tax increment revenues or
10        the proceeds of bonds issued to finance the
11        construction of that housing.
12            The eligible costs provided under this
13        subparagraph (F) of paragraph (11) shall be an
14        eligible cost for the construction, renovation, and
15        rehabilitation of all low and very low-income housing
16        units, as defined in Section 3 of the Illinois
17        Affordable Housing Act, within the redevelopment
18        project area. If the low and very low-income units are
19        part of a residential redevelopment project that
20        includes units not affordable to low and very
21        low-income households, only the low and very
22        low-income units shall be eligible for benefits under
23        this subparagraph (F) of paragraph (11). The standards
24        for maintaining the occupancy by low-income households
25        and very low-income households, as defined in Section
26        3 of the Illinois Affordable Housing Act, of those

 

 

HB5823- 441 -LRB103 40434 AWJ 72767 b

1        units constructed with eligible costs made available
2        under the provisions of this subparagraph (F) of
3        paragraph (11) shall be established by guidelines
4        adopted by the municipality. The responsibility for
5        annually documenting the initial occupancy of the
6        units by low-income households and very low-income
7        households, as defined in Section 3 of the Illinois
8        Affordable Housing Act, shall be that of the then
9        current owner of the property. For ownership units,
10        the guidelines will provide, at a minimum, for a
11        reasonable recapture of funds, or other appropriate
12        methods designed to preserve the original
13        affordability of the ownership units. For rental
14        units, the guidelines will provide, at a minimum, for
15        the affordability of rent to low and very low-income
16        households. As units become available, they shall be
17        rented to income-eligible tenants. The municipality
18        may modify these guidelines from time to time; the
19        guidelines, however, shall be in effect for as long as
20        tax increment revenue is being used to pay for costs
21        associated with the units or for the retirement of
22        bonds issued to finance the units or for the life of
23        the redevelopment project area, whichever is later;
24        (11.5) If the redevelopment project area is located
25    within a municipality with a population of more than
26    100,000, the cost of day care services for children of

 

 

HB5823- 442 -LRB103 40434 AWJ 72767 b

1    employees from low-income families working for businesses
2    located within the redevelopment project area and all or a
3    portion of the cost of operation of day care centers
4    established by redevelopment project area businesses to
5    serve employees from low-income families working in
6    businesses located in the redevelopment project area. For
7    the purposes of this paragraph, "low-income families"
8    means families whose annual income does not exceed 80% of
9    the municipal, county, or regional median income, adjusted
10    for family size, as the annual income and municipal,
11    county, or regional median income are determined from time
12    to time by the United States Department of Housing and
13    Urban Development.
14        (12) Costs relating to the development of urban
15    agricultural areas under Division 15.2 of the Illinois
16    Municipal Code.
17    Unless explicitly stated herein the cost of construction
18of new privately-owned buildings shall not be an eligible
19redevelopment project cost.
20    After November 1, 1999 (the effective date of Public Act
2191-478), none of the redevelopment project costs enumerated in
22this subsection shall be eligible redevelopment project costs
23if those costs would provide direct financial support to a
24retail entity initiating operations in the redevelopment
25project area while terminating operations at another Illinois
26location within 10 miles of the redevelopment project area but

 

 

HB5823- 443 -LRB103 40434 AWJ 72767 b

1outside the boundaries of the redevelopment project area
2municipality. For purposes of this paragraph, termination
3means a closing of a retail operation that is directly related
4to the opening of the same operation or like retail entity
5owned or operated by more than 50% of the original ownership in
6a redevelopment project area, but it does not mean closing an
7operation for reasons beyond the control of the retail entity,
8as documented by the retail entity, subject to a reasonable
9finding by the municipality that the current location
10contained inadequate space, had become economically obsolete,
11or was no longer a viable location for the retailer or
12serviceman.
13    No cost shall be a redevelopment project cost in a
14redevelopment project area if used to demolish, remove, or
15substantially modify a historic resource, after August 26,
162008 (the effective date of Public Act 95-934), unless no
17prudent and feasible alternative exists. "Historic resource"
18for the purpose of this paragraph means (i) a place or
19structure that is included or eligible for inclusion on the
20National Register of Historic Places or (ii) a contributing
21structure in a district on the National Register of Historic
22Places. This paragraph does not apply to a place or structure
23for which demolition, removal, or modification is subject to
24review by the preservation agency of a Certified Local
25Government designated as such by the National Park Service of
26the United States Department of the Interior.

 

 

HB5823- 444 -LRB103 40434 AWJ 72767 b

1    If a special service area has been established pursuant to
2the Special Service Area Tax Act or Special Service Area Tax
3Law, then any tax increment revenues derived from the tax
4imposed pursuant to the Special Service Area Tax Act or
5Special Service Area Tax Law may be used within the
6redevelopment project area for the purposes permitted by that
7Act or Law as well as the purposes permitted by this Act.
8    (q-1) For redevelopment project areas created pursuant to
9subsection (p-1), redevelopment project costs are limited to
10those costs in paragraph (q) that are related to the existing
11or proposed Metropolitan Mobility Regional Transportation
12Authority Suburban Transit Access Route (STAR Line) station.
13    (q-2) For a transit facility improvement area established
14prior to, on, or after the effective date of this amendatory
15Act of the 102nd General Assembly: (i) "redevelopment project
16costs" means those costs described in subsection (q) that are
17related to the construction, reconstruction, rehabilitation,
18remodeling, or repair of any existing or proposed transit
19facility, whether that facility is located within or outside
20the boundaries of a redevelopment project area established
21within that transit facility improvement area (and, to the
22extent a redevelopment project cost is described in subsection
23(q) as incurred or estimated to be incurred with respect to a
24redevelopment project area, then it shall apply with respect
25to such transit facility improvement area); and (ii) the
26provisions of Section 11-74.4-8 regarding tax increment

 

 

HB5823- 445 -LRB103 40434 AWJ 72767 b

1allocation financing for a redevelopment project area located
2in a transit facility improvement area shall apply only to the
3lots, blocks, tracts and parcels of real property that are
4located within the boundaries of that redevelopment project
5area and not to the lots, blocks, tracts, and parcels of real
6property that are located outside the boundaries of that
7redevelopment project area.
8    (r) "State Sales Tax Boundary" means the redevelopment
9project area or the amended redevelopment project area
10boundaries which are determined pursuant to subsection (9) of
11Section 11-74.4-8a of this Act. The Department of Revenue
12shall certify pursuant to subsection (9) of Section 11-74.4-8a
13the appropriate boundaries eligible for the determination of
14State Sales Tax Increment.
15    (s) "State Sales Tax Increment" means an amount equal to
16the increase in the aggregate amount of taxes paid by
17retailers and servicemen, other than retailers and servicemen
18subject to the Public Utilities Act, on transactions at places
19of business located within a State Sales Tax Boundary pursuant
20to the Retailers' Occupation Tax Act, the Use Tax Act, the
21Service Use Tax Act, and the Service Occupation Tax Act,
22except such portion of such increase that is paid into the
23State and Local Sales Tax Reform Fund, the Local Government
24Distributive Fund, the Local Government Tax Fund and the
25County and Mass Transit District Fund, for as long as State
26participation exists, over and above the Initial Sales Tax

 

 

HB5823- 446 -LRB103 40434 AWJ 72767 b

1Amounts, Adjusted Initial Sales Tax Amounts or the Revised
2Initial Sales Tax Amounts for such taxes as certified by the
3Department of Revenue and paid under those Acts by retailers
4and servicemen on transactions at places of business located
5within the State Sales Tax Boundary during the base year which
6shall be the calendar year immediately prior to the year in
7which the municipality adopted tax increment allocation
8financing, less 3.0% of such amounts generated under the
9Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
10Act and the Service Occupation Tax Act, which sum shall be
11appropriated to the Department of Revenue to cover its costs
12of administering and enforcing this Section. For purposes of
13computing the aggregate amount of such taxes for base years
14occurring prior to 1985, the Department of Revenue shall
15compute the Initial Sales Tax Amount for such taxes and deduct
16therefrom an amount equal to 4% of the aggregate amount of
17taxes per year for each year the base year is prior to 1985,
18but not to exceed a total deduction of 12%. The amount so
19determined shall be known as the "Adjusted Initial Sales Tax
20Amount". For purposes of determining the State Sales Tax
21Increment the Department of Revenue shall for each period
22subtract from the tax amounts received from retailers and
23servicemen on transactions located in the State Sales Tax
24Boundary, the certified Initial Sales Tax Amounts, Adjusted
25Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
26for the Retailers' Occupation Tax Act, the Use Tax Act, the

 

 

HB5823- 447 -LRB103 40434 AWJ 72767 b

1Service Use Tax Act and the Service Occupation Tax Act. For the
2State Fiscal Year 1989 this calculation shall be made by
3utilizing the calendar year 1987 to determine the tax amounts
4received. For the State Fiscal Year 1990, this calculation
5shall be made by utilizing the period from January 1, 1988,
6until September 30, 1988, to determine the tax amounts
7received from retailers and servicemen, which shall have
8deducted therefrom nine-twelfths of the certified Initial
9Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
10Revised Initial Sales Tax Amounts as appropriate. For the
11State Fiscal Year 1991, this calculation shall be made by
12utilizing the period from October 1, 1988, until June 30,
131989, to determine the tax amounts received from retailers and
14servicemen, which shall have deducted therefrom nine-twelfths
15of the certified Initial State Sales Tax Amounts, Adjusted
16Initial Sales Tax Amounts or the Revised Initial Sales Tax
17Amounts as appropriate. For every State Fiscal Year
18thereafter, the applicable period shall be the 12 months
19beginning July 1 and ending on June 30, to determine the tax
20amounts received which shall have deducted therefrom the
21certified Initial Sales Tax Amounts, Adjusted Initial Sales
22Tax Amounts or the Revised Initial Sales Tax Amounts.
23Municipalities intending to receive a distribution of State
24Sales Tax Increment must report a list of retailers to the
25Department of Revenue by October 31, 1988 and by July 31, of
26each year thereafter.

 

 

HB5823- 448 -LRB103 40434 AWJ 72767 b

1    (t) "Taxing districts" means counties, townships, cities
2and incorporated towns and villages, school, road, park,
3sanitary, mosquito abatement, forest preserve, public health,
4fire protection, river conservancy, tuberculosis sanitarium
5and any other municipal corporations or districts with the
6power to levy taxes.
7    (u) "Taxing districts' capital costs" means those costs of
8taxing districts for capital improvements that are found by
9the municipal corporate authorities to be necessary and
10directly result from the redevelopment project.
11    (v) As used in subsection (a) of Section 11-74.4-3 of this
12Act, "vacant land" means any parcel or combination of parcels
13of real property without industrial, commercial, and
14residential buildings which has not been used for commercial
15agricultural purposes within 5 years prior to the designation
16of the redevelopment project area, unless the parcel is
17included in an industrial park conservation area or the parcel
18has been subdivided; provided that if the parcel was part of a
19larger tract that has been divided into 3 or more smaller
20tracts that were accepted for recording during the period from
211950 to 1990, then the parcel shall be deemed to have been
22subdivided, and all proceedings and actions of the
23municipality taken in that connection with respect to any
24previously approved or designated redevelopment project area
25or amended redevelopment project area are hereby validated and
26hereby declared to be legally sufficient for all purposes of

 

 

HB5823- 449 -LRB103 40434 AWJ 72767 b

1this Act. For purposes of this Section and only for land
2subject to the subdivision requirements of the Plat Act, land
3is subdivided when the original plat of the proposed
4Redevelopment Project Area or relevant portion thereof has
5been properly certified, acknowledged, approved, and recorded
6or filed in accordance with the Plat Act and a preliminary
7plat, if any, for any subsequent phases of the proposed
8Redevelopment Project Area or relevant portion thereof has
9been properly approved and filed in accordance with the
10applicable ordinance of the municipality.
11    (w) "Annual Total Increment" means the sum of each
12municipality's annual Net Sales Tax Increment and each
13municipality's annual Net Utility Tax Increment. The ratio of
14the Annual Total Increment of each municipality to the Annual
15Total Increment for all municipalities, as most recently
16calculated by the Department, shall determine the proportional
17shares of the Illinois Tax Increment Fund to be distributed to
18each municipality.
19    (x) "LEED certified" means any certification level of
20construction elements by a qualified Leadership in Energy and
21Environmental Design Accredited Professional as determined by
22the U.S. Green Building Council.
23    (y) "Green Globes certified" means any certification level
24of construction elements by a qualified Green Globes
25Professional as determined by the Green Building Initiative.
26(Source: P.A. 102-627, eff. 8-27-21.)
 

 

 

HB5823- 450 -LRB103 40434 AWJ 72767 b

1    (65 ILCS 5/Art. 11 Div. 122.2 heading)
2
DIVISION 122.2. METROPOLITAN MOBILITY REGIONAL TRANSPORTATION
3
AUTHORITY

 
4    (65 ILCS 5/11-122.2-1)  (from Ch. 24, par. 11-122.2-1)
5    Sec. 11-122.2-1. In addition to all its other powers,
6every municipality shall, in all its dealings with the
7Metropolitan Mobility Regional Transportation Authority
8established by the Metropolitan Mobility "Regional
9Transportation Authority Act", enacted by the 78th General
10Assembly, have the following powers:
11    (a) to cooperate with the Metropolitan Mobility Regional
12Transportation Authority in the exercise by the Metropolitan
13Mobility Regional Transportation Authority of all the powers
14granted it by the Act;
15    (b) to receive funds from the Metropolitan Mobility
16Regional Transportation Authority upon such terms and
17conditions as shall be set forth in an agreement between the
18municipality and Metropolitan Mobility Authority the Suburban
19Bus Board or the Commuter Rail Board, which contract or
20agreement may be for such number of years or duration as they
21may agree, all as provided in the Metropolitan Mobility
22"Regional Transportation Authority Act";
23    (c) (blank); to receive financial grants from a Service
24Board, as defined in the "Regional Transportation Authority

 

 

HB5823- 451 -LRB103 40434 AWJ 72767 b

1Act", upon such terms and conditions as shall be set forth in a
2Purchase of Service Agreement or other grant contract between
3the municipality and the Service Board, which contract or
4agreement may be for such number of years or duration as the
5Service Board and the municipality may agree, all as provided
6in the "Regional Transportation Authority Act";
7    (d) to acquire from the Metropolitan Mobility Authority
8any public transportation facility Regional Transportation
9Authority or a Service Board any Public Transportation
10Facility, as defined in the Metropolitan Mobility "Regional
11Transportation Authority Act", by purchase contract, gift,
12grant, exchange for other property or rights in property,
13lease (or sublease) or installment or conditional purchase
14contracts, which contracts or leases may provide for
15consideration to be paid in annual installments during a
16period not exceeding 40 years; such property may be acquired
17subject to such conditions, restrictions, liens or security or
18other interests of other parties as the municipality may deem
19appropriate and in each case the municipality may acquire a
20joint, leasehold, easement, license or other partial interest
21in such property;
22    (e) to sell, sell by installment contract, lease (or
23sublease) as lessor, or transfer to, or grant to or provide for
24the use by the Metropolitan Mobility Authority any public
25transportation facility Regional Transportation Authority or a
26Service Board any Public Transportation Facility, as defined

 

 

HB5823- 452 -LRB103 40434 AWJ 72767 b

1in the Metropolitan Mobility "Regional Transportation
2Authority Act, " upon such terms and for such consideration, or
3for no consideration, as the municipality may deem proper;
4    (f) to cooperate with the Metropolitan Mobility Regional
5Transportation Authority or a Service Board for the protection
6of employees and users of public transportation facilities
7against crime and also to protect such facilities; such
8cooperation may include, without limitation, agreements for
9the coordination of police or security forces;
10    (g) to file such reports with and transfer such records,
11papers or documents to the Metropolitan Mobility Authority
12Regional Transportation Authority or a Service Board as may be
13agreed upon with, or required by, the Metropolitan Mobility
14Regional Transportation Authority or a Service Board.
15    In exercising any of the powers granted in this Section
16the municipality shall not be subject to the provisions of
17this Code or any Act making public bidding or notice a
18requirement for any purchase or sale by a municipality.
19Notwithstanding any provision of this Code to the contrary,
20every municipality may enter into purchase of service
21agreements, grant agreements Purchase of Service Agreements,
22grant contracts, other contracts, agreements or leases, as
23provided in this Section, and may incur obligations and
24expenses thereunder without making a previous appropriation
25therefor.
26(Source: P.A. 83-886.)
 

 

 

HB5823- 453 -LRB103 40434 AWJ 72767 b

1    Section 8.31. The Regional Planning Act is amended by
2changing Section 10 as follows:
 
3    (70 ILCS 1707/10)
4    Sec. 10. Definitions.
5    "Board" means the Board of the Chicago Metropolitan Agency
6for Planning.
7    "CMAP" means the Chicago Metropolitan Agency for Planning.
8    "Chief elected county official" means the Board Chairman
9in DuPage, Kane, Kendall, Lake, and McHenry Counties and the
10County Executive in Will County.
11    "Fiscal year" means the fiscal year of the State.
12    "IDOT" means the Illinois Department of Transportation.
13    "MPO" means the metropolitan planning organization
14designated under 23 U.S.C. 134.
15    "Members" means the members of the Board.
16    "Person" means an individual, partnership, firm, public or
17private corporation, State agency, transportation agency, or
18unit of local government.
19    "Policy Committee" means the decision-making body of the
20MPO.
21    "Region" or "northeastern Illinois region" means Cook,
22DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
23    "State agency" means "agency" as defined in Section 1-20
24of the Illinois Administrative Procedure Act.

 

 

HB5823- 454 -LRB103 40434 AWJ 72767 b

1    "Transportation agency" means the Metropolitan Mobility
2Regional Transportation Authority and its Service Boards; the
3Illinois State Toll Highway Authority; the Illinois Department
4of Transportation; and the transportation functions of units
5of local government.
6    "Unit of local government" means a unit of local
7government, as defined in Section 1 of Article VII of the
8Illinois Constitution, that is located within the jurisdiction
9and area of operation of the Board.
10    "USDOT" means the United States Department of
11Transportation.
12(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
 
13    (70 ILCS 3605/Act rep.)
14    Section 8.32. The Metropolitan Transit Authority Act is
15repealed.
 
16    Section 8.33. The Local Mass Transit District Act is
17amended by changing Sections 3.1, 5.05, and 8.5 as follows:
 
18    (70 ILCS 3610/3.1)  (from Ch. 111 2/3, par. 353.1)
19    Sec. 3.1. Also in the manner provided in this Act as
20amended, a "Local Mass Transit District" may be created with
21boundary to enclose a unit area of contiguous land, to be known
22as the "participating area". Such a "participating area" may
23be organized as a district under this Act without regard to

 

 

HB5823- 455 -LRB103 40434 AWJ 72767 b

1boundaries of counties or other political subdivisions or
2municipal corporations.
3    (a) Any 500 or more legal voters who are residents within
4such "participating area" may file a petition in the circuit
5court of the county where the proposed district or a major part
6thereof is located, asking that the question of creating such
7district be submitted under this Act by referendum to the
8voters residing within the proposed district. By their power
9of attorney signed by them and filed in the cause the
10petitioners may authorize a committee of their number named by
11the petitioners, to conduct and pursue the cause for them to a
12conclusion. Such petition shall define the boundaries of the
13proposed district, shall indicate distances to nearest mass
14transportation lines in each direction, naming them, shall
15have attached a fair map of the proposed district, and shall
16suggest a name for the proposed district.
17    (b) The circuit clerk shall present to the circuit judge
18any petition so filed in the court. The judge shall enter an
19order of record to set a date, hour and place for judicial
20hearing on the petition. That order shall include instructions
21to the circuit clerk to give notice by newspaper publication
22to be made and completed at least 20 days before the hearing is
23to be held, in 2 or more newspapers published or circulating
24generally among the people residing within the proposed
25district. The circuit clerk shall prepare that notice and
26cause such publication notice to be given as directed.

 

 

HB5823- 456 -LRB103 40434 AWJ 72767 b

1    (c) After proof of such newspaper publication of notice
2has been made and filed in the cause and shown to the court in
3full accord with the prior order, the circuit judge shall hear
4all persons who attend and so request, as to location and
5boundary and name for the proposed district. After the hearing
6on such petition is completed, the circuit court by an order of
7record, shall determine and establish the location, name and
8boundary for such proposed district, and shall order the
9proposition submitted at an election in accordance with the
10general election law to the voters resident within such
11proposed district. The circuit clerk shall certify the
12proposition to the proper election officials who shall submit
13the proposition in accordance with the general election law.
14    (d) The county clerk shall canvass the ballots and other
15returns from such referendum, and prepare a full certification
16of the result and shall file same in the cause pending in the
17circuit court. When the vote is in favor of the creation of
18such district as determined by the court order, a true map of
19such district shall be filed with such report in the circuit
20court.
21    (e) When the vote is in favor of creation of such district,
22the circuit court by an order of record shall confirm the
23result of election. If the district is wholly contained within
24a single county the presiding officer of the county board with
25the advice and consent of the county board shall appoint 5
26trustees, not more than 3 of whom shall be affiliated with the

 

 

HB5823- 457 -LRB103 40434 AWJ 72767 b

1same political party, to govern the district and serve one
2each for 1, 2, 3, 4 and 5 years respectively; upon the
3expiration of the term of a trustee who is in office on the
4effective date of this amendatory Act of 1989, the successor
5shall, at the time of the appointment, and thereafter at all
6times while serving as trustee, be a resident of the Mass
7Transit District for which such person is appointed as
8trustee. If a trustee removes his residence to a place outside
9of the District, a trustee shall be appointed in the same
10manner as herein provided to take the place of the trustee who
11so removed his residence. If however the district is located
12in more than one county, the number of trustees who are
13residents of a county shall be in proportion, as nearly as
14practicable, to the number of residents of the district who
15reside in that county in relation to the total population of
16the district.
17    Upon the expiration of the term of a trustee who is in
18office on the effective date of this amendatory Act of 1975,
19the successor shall be a resident of whichever county is
20entitled to such representation in order to bring about the
21proportional representation required herein, and he shall be
22appointed by the county board of that county, or in the case of
23a home rule county as defined by Article VII, Section 6 of the
24Constitution of 1970, the chief executive officer of that
25county, with the advice and consent of the county board in
26accordance with the provisions previously enumerated.

 

 

HB5823- 458 -LRB103 40434 AWJ 72767 b

1Successors shall serve 5 year overlapping terms.
2    Thereafter, each trustee shall be succeeded by a resident
3of the same county who shall be appointed by the same
4appointing authority; however, the provisions of the preceding
5paragraph shall apply to the appointment of the successor to
6each trustee who is in office at the time of the publication of
7each decennial Federal census of population.
8    (f) Upon the creation of such district, the circuit clerk
9shall prepare and certify a copy of the final court order
10confirming the referendum creating the district, and a
11duplicate of the map of such district, from the record of the
12circuit court, and shall file the same with the county clerk
13for recording in his office as "Certificate of Incorporation"
14for the district. The county clerk shall cause a duplicate of
15such "Certificate of Incorporation" to be filed in the office
16of the Secretary of State of Illinois.
17    (g) The Board of Trustees of such "Local Mass Transit
18District" shall have and exercise all the powers and shall
19perform all the duties of any Board of Trustees of any district
20created under this Act, as now or hereafter amended.
21    (h) The circuit court shall require the petitioners to
22post a surety bond for the payment of all costs and expenses of
23such proceeding and such referendum. When a district is
24created, the circuit court shall order the district to pay or
25reimburse others for all such costs and expenses. The surety
26bond shall not be released until complete receipts for all

 

 

HB5823- 459 -LRB103 40434 AWJ 72767 b

1such costs and expenses have been filed in the cause and fully
2audited by the circuit and county clerks.
3    (i) If the District is wholly contained within a single
4county, the County Board of such county may, by resolution,
5provide that, effective upon the next appointment of a
6Trustee, after the effective date of this amendatory Act of
71989, that the Board of Trustees of such Mass Transit District
8shall be comprised of 7 Trustees, with no more than 4 members
9of the same political party. This Subsection shall not apply
10to any Mass Transit District in the State which receives
11funding in whole or in part from the Metropolitan Mobility
12Authority Regional Transportation Authority or any of its
13service boards.
14(Source: P.A. 86-472.)
 
15    (70 ILCS 3610/5.05)  (from Ch. 111 2/3, par. 355.05)
16    Sec. 5.05. In addition to all its other powers, each
17District shall, in all its dealings with the Metropolitan
18Mobility Regional Transportation Authority established by the
19Metropolitan Mobility "Regional Transportation Authority Act",
20enacted by the 78th General Assembly, have the following
21powers:
22    (a) to cooperate with the Metropolitan Mobility Regional
23Transportation Authority in the exercise by the Metropolitan
24Mobility Regional Transportation Authority of all the powers
25granted it by such Act;

 

 

HB5823- 460 -LRB103 40434 AWJ 72767 b

1    (b) to receive funds from the Metropolitan Mobility
2Regional Transportation Authority upon such terms and
3conditions as shall be set forth in an agreement between the
4District and the Metropolitan Mobility Regional Transportation
5Authority, which contract or agreement may be for such number
6of years or duration as the Authority and the District may
7agree, all as provided in the Metropolitan Mobility "Regional
8Transportation Authority Act";
9    (c) (blank); to receive financial grants from a Service
10Board, as defined in the "Regional Transportation Authority
11Act", upon such terms and conditions as shall be set forth in a
12Purchase of Service Agreement or other grant contact between
13the District and the Service Board, which contract or
14agreement may be for such number of years or duration as the
15Service Board and the District may agree, all as provided in
16the "Regional Transportation Authority Act";
17    (d) to acquire from the Metropolitan Mobility Authority
18any public transportation facility Regional Transportation
19Authority or Service Board any Public Transportation Facility,
20as defined in the Metropolitan Mobility "Regional
21Transportation Authority Act", by purchase contract, gift,
22grant, exchange for other property or rights in property,
23lease (or sublease) or installment or conditional purchase
24contracts, which contracts or leases may provide for
25consideration to be paid in annual installments during a
26period not exceeding 40 years; such property may be acquired

 

 

HB5823- 461 -LRB103 40434 AWJ 72767 b

1subject to such conditions, restrictions, liens or security or
2other interests of other parties as the District may deem
3appropriate and in each case the District may acquire a joint,
4leasehold, easement, license or other partial interest in such
5property;
6    (e) to sell, sell by installment contract, lease (or
7sublease) as lessor, or transfer to, or grant to or provide for
8the use by the Metropolitan Mobility Authority any public
9transportation facility Regional Transportation Authority or a
10Service Board any Public Transportation Facility, as defined
11in the Metropolitan Mobility "Regional Transportation
12Authority Act, " upon such terms and for such consideration, as
13the District may deem proper;
14    (f) to cooperate with the Metropolitan Mobility Authority
15Regional Transportation Authority or a Service Board for the
16protection of employees of the District and users of public
17transportation facilities against crime and also to protect
18such facilities, but neither the District, the member of its
19Board nor its officers or employees shall be held liable for
20failure to provide a security or police force, or, if a
21security or police force is provided, for failure to provide
22adequate police protection or security, failure to prevent the
23commission of crimes by fellow passengers or other third
24persons or for the failure to apprehend criminals; and
25    (g) to file such reports with and transfer such records,
26papers or documents to the Metropolitan Mobility Authority

 

 

HB5823- 462 -LRB103 40434 AWJ 72767 b

1Regional Transportation Authority or a Service Board as may be
2agreed upon with, or required by, the Metropolitan Mobility
3Authority Regional Transportation Authority or a Service
4Board.
5    In exercising any of the powers granted in this Section,
6the District shall not be subject to the provisions of any Act
7making public bidding or notice a requirement of any purchase
8or sale by a District.
9(Source: P.A. 84-939.)
 
10    (70 ILCS 3610/8.5)  (from Ch. 111 2/3, par. 358.5)
11    Sec. 8.5. In addition to any other method provided for
12annexation under this Act, any territory, except property
13classified as farmland, which (1) lies within the corporate
14limits of a municipality as defined in this Act, (2) is
15contiguous to a local mass transit district organized under
16this Act, and (3) is not a part of another local mass transit
17district, may be annexed by the contiguous local mass transit
18district, by ordinance, after a public hearing has been held
19thereon by the board of trustees of the district at a location
20within the territory sought to be annexed, or within 1 mile of
21any part of the territory sought to be annexed. The annexing
22district shall cause to be published three times in a
23newspaper having general circulation within the area
24considered for annexation, at least 30 days prior to the
25public hearing thereon, a notice that the local mass transit

 

 

HB5823- 463 -LRB103 40434 AWJ 72767 b

1district is considering the annexation of the territory
2specified. The notice shall also state the date, time and
3place of the public hearing. The annexing district shall cause
4to be delivered to each owner of a parcel of land which is 5 or
5more acres, which land is proposed to be annexed in whole or in
6part, a written notice containing the information required to
7be included in the published notice. The notice shall be
8delivered by first class mail so that said notice arrives 30
9days in advance of the public hearing. The board of trustees of
10the district shall give due consideration to all testimony.
11For the purposes of this Section "property classified as
12farmland" shall mean property classified as farmland for
13assessment purposes pursuant to the Property Tax Code. This
14Section shall not apply to any mass transit district in the
15State which receives funding in whole or in part from the
16Metropolitan Mobility Authority Regional Transportation
17Authority or any of its service boards.
18(Source: P.A. 88-670, eff. 12-2-94.)
 
19    (70 ILCS 3615/Act rep.)
20    Section 8.34. The Regional Transportation Authority Act is
21repealed.
 
22    Section 8.35. The Water Commission Act of 1985 is amended
23by changing Section 4 as follows:
 

 

 

HB5823- 464 -LRB103 40434 AWJ 72767 b

1    (70 ILCS 3720/4)  (from Ch. 111 2/3, par. 254)
2    Sec. 4. Taxes.
3    (a) The board of commissioners of any county water
4commission may, by ordinance, impose throughout the territory
5of the commission any or all of the taxes provided in this
6Section for its corporate purposes. However, no county water
7commission may impose any such tax unless the commission
8certifies the proposition of imposing the tax to the proper
9election officials, who shall submit the proposition to the
10voters residing in the territory at an election in accordance
11with the general election law, and the proposition has been
12approved by a majority of those voting on the proposition.
13    The proposition shall be in the form provided in Section 5
14or shall be substantially in the following form:
15-------------
16    Shall the (insert corporate
17name of county water commission)           YES
18impose (state type of tax or         ------------------------
19taxes to be imposed) at the                NO
20rate of 1/4%?
21-------------------------------------------------------------
22    Taxes imposed under this Section and civil penalties
23imposed incident thereto shall be collected and enforced by
24the State Department of Revenue. The Department shall have the
25power to administer and enforce the taxes and to determine all
26rights for refunds for erroneous payments of the taxes.

 

 

HB5823- 465 -LRB103 40434 AWJ 72767 b

1    (b) The board of commissioners may impose a County Water
2Commission Retailers' Occupation Tax upon all persons engaged
3in the business of selling tangible personal property at
4retail in the territory of the commission at a rate of 1/4% of
5the gross receipts from the sales made in the course of such
6business within the territory. Beginning January 1, 2021, this
7tax is not imposed on sales of aviation fuel for so long as the
8revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
947133 are binding on the District.
10    The tax imposed under this paragraph and all civil
11penalties that may be assessed as an incident thereof shall be
12collected and enforced by the State Department of Revenue. The
13Department shall have full power to administer and enforce
14this paragraph; to collect all taxes and penalties due
15hereunder; to dispose of taxes and penalties so collected in
16the manner hereinafter provided; and to determine all rights
17to credit memoranda arising on account of the erroneous
18payment of tax or penalty hereunder. In the administration of,
19and compliance with, this paragraph, the Department and
20persons who are subject to this paragraph shall have the same
21rights, remedies, privileges, immunities, powers and duties,
22and be subject to the same conditions, restrictions,
23limitations, penalties, exclusions, exemptions and definitions
24of terms, and employ the same modes of procedure, as are
25prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2
26through 2-65 (in respect to all provisions therein other than

 

 

HB5823- 466 -LRB103 40434 AWJ 72767 b

1the State rate of tax except that tangible personal property
2taxed at the 1% rate under the Retailers' Occupation Tax Act
3shall not be subject to tax hereunder), 2c, 3 (except as to the
4disposition of taxes and penalties collected, and except that
5the retailer's discount is not allowed for taxes paid on
6aviation fuel sold on or after December 1, 2019 and through
7December 31, 2020), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
85j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of
9the Retailers' Occupation Tax Act and Section 3-7 of the
10Uniform Penalty and Interest Act, as fully as if those
11provisions were set forth herein.
12    Persons subject to any tax imposed under the authority
13granted in this paragraph may reimburse themselves for their
14seller's tax liability hereunder by separately stating the tax
15as an additional charge, which charge may be stated in
16combination, in a single amount, with State taxes that sellers
17are required to collect under the Use Tax Act and under
18subsection (e) of Section 6.02 4.03 of the Metropolitan
19Mobility Regional Transportation Authority Act, in accordance
20with such bracket schedules as the Department may prescribe.
21    Whenever the Department determines that a refund should be
22made under this paragraph to a claimant instead of issuing a
23credit memorandum, the Department shall notify the State
24Comptroller, who shall cause the warrant to be drawn for the
25amount specified, and to the person named, in the notification
26from the Department. The refund shall be paid by the State

 

 

HB5823- 467 -LRB103 40434 AWJ 72767 b

1Treasurer out of a county water commission tax fund
2established under subsection (g) of this Section.
3    For the purpose of determining whether a tax authorized
4under this paragraph is applicable, a retail sale by a
5producer of coal or other mineral mined in Illinois is a sale
6at retail at the place where the coal or other mineral mined in
7Illinois is extracted from the earth. This paragraph does not
8apply to coal or other mineral when it is delivered or shipped
9by the seller to the purchaser at a point outside Illinois so
10that the sale is exempt under the Federal Constitution as a
11sale in interstate or foreign commerce.
12    If a tax is imposed under this subsection (b), a tax shall
13also be imposed under subsections (c) and (d) of this Section.
14    No tax shall be imposed or collected under this subsection
15on the sale of a motor vehicle in this State to a resident of
16another state if that motor vehicle will not be titled in this
17State.
18    Nothing in this paragraph shall be construed to authorize
19a county water commission to impose a tax upon the privilege of
20engaging in any business which under the Constitution of the
21United States may not be made the subject of taxation by this
22State.
23    (c) If a tax has been imposed under subsection (b), a
24County Water Commission Service Occupation Tax shall also be
25imposed upon all persons engaged, in the territory of the
26commission, in the business of making sales of service, who,

 

 

HB5823- 468 -LRB103 40434 AWJ 72767 b

1as an incident to making the sales of service, transfer
2tangible personal property within the territory. The tax rate
3shall be 1/4% of the selling price of tangible personal
4property so transferred within the territory. Beginning
5January 1, 2021, this tax is not imposed on sales of aviation
6fuel for so long as the revenue use requirements of 49 U.S.C.
747107(b) and 49 U.S.C. 47133 are binding on the District.
8    The tax imposed under this paragraph and all civil
9penalties that may be assessed as an incident thereof shall be
10collected and enforced by the State Department of Revenue. The
11Department shall have full power to administer and enforce
12this paragraph; to collect all taxes and penalties due
13hereunder; to dispose of taxes and penalties so collected in
14the manner hereinafter provided; and to determine all rights
15to credit memoranda arising on account of the erroneous
16payment of tax or penalty hereunder. In the administration of,
17and compliance with, this paragraph, the Department and
18persons who are subject to this paragraph shall have the same
19rights, remedies, privileges, immunities, powers and duties,
20and be subject to the same conditions, restrictions,
21limitations, penalties, exclusions, exemptions and definitions
22of terms, and employ the same modes of procedure, as are
23prescribed in Sections 1a-1, 2 (except that the reference to
24State in the definition of supplier maintaining a place of
25business in this State shall mean the territory of the
26commission), 2a, 3 through 3-50 (in respect to all provisions

 

 

HB5823- 469 -LRB103 40434 AWJ 72767 b

1therein other than the State rate of tax except that tangible
2personal property taxed at the 1% rate under the Service
3Occupation Tax Act shall not be subject to tax hereunder), 4
4(except that the reference to the State shall be to the
5territory of the commission), 5, 7, 8 (except that the
6jurisdiction to which the tax shall be a debt to the extent
7indicated in that Section 8 shall be the commission), 9
8(except as to the disposition of taxes and penalties collected
9and except that the returned merchandise credit for this tax
10may not be taken against any State tax, and except that the
11retailer's discount is not allowed for taxes paid on aviation
12fuel sold on or after December 1, 2019 and through December 31,
132020), 10, 11, 12 (except the reference therein to Section 2b
14of the Retailers' Occupation Tax Act), 13 (except that any
15reference to the State shall mean the territory of the
16commission), the first paragraph of Section 15, 15.5, 16, 17,
1718, 19, and 20 of the Service Occupation Tax Act as fully as if
18those provisions were set forth herein.
19    Persons subject to any tax imposed under the authority
20granted in this paragraph may reimburse themselves for their
21serviceman's tax liability hereunder by separately stating the
22tax as an additional charge, which charge may be stated in
23combination, in a single amount, with State tax that
24servicemen are authorized to collect under the Service Use Tax
25Act, and any tax for which servicemen may be liable under
26subsection (m) of Section 6.02 (f) of Section 4.03 of the

 

 

HB5823- 470 -LRB103 40434 AWJ 72767 b

1Metropolitan Mobility Regional Transportation Authority Act,
2in accordance with such bracket schedules as the Department
3may prescribe.
4    Whenever the Department determines that a refund should be
5made under this paragraph to a claimant instead of issuing a
6credit memorandum, the Department shall notify the State
7Comptroller, who shall cause the warrant to be drawn for the
8amount specified, and to the person named, in the notification
9from the Department. The refund shall be paid by the State
10Treasurer out of a county water commission tax fund
11established under subsection (g) of this Section.
12    Nothing in this paragraph shall be construed to authorize
13a county water commission to impose a tax upon the privilege of
14engaging in any business which under the Constitution of the
15United States may not be made the subject of taxation by the
16State.
17    (d) If a tax has been imposed under subsection (b), a tax
18shall also be imposed upon the privilege of using, in the
19territory of the commission, any item of tangible personal
20property that is purchased outside the territory at retail
21from a retailer, and that is titled or registered with an
22agency of this State's government, at a rate of 1/4% of the
23selling price of the tangible personal property within the
24territory, as "selling price" is defined in the Use Tax Act.
25The tax shall be collected from persons whose Illinois address
26for titling or registration purposes is given as being in the

 

 

HB5823- 471 -LRB103 40434 AWJ 72767 b

1territory. The tax shall be collected by the Department of
2Revenue for a county water commission. The tax must be paid to
3the State, or an exemption determination must be obtained from
4the Department of Revenue, before the title or certificate of
5registration for the property may be issued. The tax or proof
6of exemption may be transmitted to the Department by way of the
7State agency with which, or the State officer with whom, the
8tangible personal property must be titled or registered if the
9Department and the State agency or State officer determine
10that this procedure will expedite the processing of
11applications for title or registration.
12    The Department shall have full power to administer and
13enforce this paragraph; to collect all taxes, penalties, and
14interest due hereunder; to dispose of taxes, penalties, and
15interest so collected in the manner hereinafter provided; and
16to determine all rights to credit memoranda or refunds arising
17on account of the erroneous payment of tax, penalty, or
18interest hereunder. In the administration of and compliance
19with this paragraph, the Department and persons who are
20subject to this paragraph shall have the same rights,
21remedies, privileges, immunities, powers, and duties, and be
22subject to the same conditions, restrictions, limitations,
23penalties, exclusions, exemptions, and definitions of terms
24and employ the same modes of procedure, as are prescribed in
25Sections 2 (except the definition of "retailer maintaining a
26place of business in this State"), 3 through 3-80 (except

 

 

HB5823- 472 -LRB103 40434 AWJ 72767 b

1provisions pertaining to the State rate of tax, and except
2provisions concerning collection or refunding of the tax by
3retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions
4pertaining to claims by retailers and except the last
5paragraph concerning refunds), 20, 21, and 22 of the Use Tax
6Act and Section 3-7 of the Uniform Penalty and Interest Act
7that are not inconsistent with this paragraph, as fully as if
8those provisions were set forth herein.
9    Whenever the Department determines that a refund should be
10made under this paragraph to a claimant instead of issuing a
11credit memorandum, the Department shall notify the State
12Comptroller, who shall cause the order to be drawn for the
13amount specified, and to the person named, in the notification
14from the Department. The refund shall be paid by the State
15Treasurer out of a county water commission tax fund
16established under subsection (g) of this Section.
17    (e) A certificate of registration issued by the State
18Department of Revenue to a retailer under the Retailers'
19Occupation Tax Act or under the Service Occupation Tax Act
20shall permit the registrant to engage in a business that is
21taxed under the tax imposed under subsection (b), (c), or (d)
22of this Section and no additional registration shall be
23required under the tax. A certificate issued under the Use Tax
24Act or the Service Use Tax Act shall be applicable with regard
25to any tax imposed under subsection (c) of this Section.
26    (f) Any ordinance imposing or discontinuing any tax under

 

 

HB5823- 473 -LRB103 40434 AWJ 72767 b

1this Section shall be adopted and a certified copy thereof
2filed with the Department on or before June 1, whereupon the
3Department of Revenue shall proceed to administer and enforce
4this Section on behalf of the county water commission as of
5September 1 next following the adoption and filing. Beginning
6January 1, 1992, an ordinance or resolution imposing or
7discontinuing the tax hereunder shall be adopted and a
8certified copy thereof filed with the Department on or before
9the first day of July, whereupon the Department shall proceed
10to administer and enforce this Section as of the first day of
11October next following such adoption and filing. Beginning
12January 1, 1993, an ordinance or resolution imposing or
13discontinuing the tax hereunder shall be adopted and a
14certified copy thereof filed with the Department on or before
15the first day of October, whereupon the Department shall
16proceed to administer and enforce this Section as of the first
17day of January next following such adoption and filing.
18    (g) The State Department of Revenue shall, upon collecting
19any taxes as provided in this Section, pay the taxes over to
20the State Treasurer as trustee for the commission. The taxes
21shall be held in a trust fund outside the State treasury
22Treasury.
23    As soon as possible after the first day of each month,
24beginning January 1, 2011, upon certification of the
25Department of Revenue, the Comptroller shall order
26transferred, and the Treasurer shall transfer, to the STAR

 

 

HB5823- 474 -LRB103 40434 AWJ 72767 b

1Bonds Revenue Fund the local sales tax increment, as defined
2in the Innovation Development and Economy Act, collected under
3this Section during the second preceding calendar month for
4sales within a STAR bond district.
5    After the monthly transfer to the STAR Bonds Revenue Fund,
6on or before the 25th day of each calendar month, the State
7Department of Revenue shall prepare and certify to the
8Comptroller of the State of Illinois the amount to be paid to
9the commission, which shall be the amount (not including
10credit memoranda) collected under this Section during the
11second preceding calendar month by the Department plus an
12amount the Department determines is necessary to offset any
13amounts that were erroneously paid to a different taxing body,
14and not including any amount equal to the amount of refunds
15made during the second preceding calendar month by the
16Department on behalf of the commission, and not including any
17amount that the Department determines is necessary to offset
18any amounts that were payable to a different taxing body but
19were erroneously paid to the commission, and less any amounts
20that are transferred to the STAR Bonds Revenue Fund, less 1.5%
21of the remainder, which shall be transferred into the Tax
22Compliance and Administration Fund. The Department, at the
23time of each monthly disbursement to the commission, shall
24prepare and certify to the State Comptroller the amount to be
25transferred into the Tax Compliance and Administration Fund
26under this subsection. Within 10 days after receipt by the

 

 

HB5823- 475 -LRB103 40434 AWJ 72767 b

1Comptroller of the certification of the amount to be paid to
2the commission and the Tax Compliance and Administration Fund,
3the Comptroller shall cause an order to be drawn for the
4payment for the amount in accordance with the direction in the
5certification.
6    (h) Beginning June 1, 2016, any tax imposed pursuant to
7this Section may no longer be imposed or collected, unless a
8continuation of the tax is approved by the voters at a
9referendum as set forth in this Section.
10(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
11100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, eff.
126-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19.)
 
13    Section 8.36. The School Code is amended by changing
14Sections 29-5 and 34-4 as follows:
 
15    (105 ILCS 5/29-5)  (from Ch. 122, par. 29-5)
16    Sec. 29-5. Reimbursement by State for transportation. Any
17school district, maintaining a school, transporting resident
18pupils to another school district's vocational program,
19offered through a joint agreement approved by the State Board
20of Education, as provided in Section 10-22.22 or transporting
21its resident pupils to a school which meets the standards for
22recognition as established by the State Board of Education
23which provides transportation meeting the standards of safety,
24comfort, convenience, efficiency and operation prescribed by

 

 

HB5823- 476 -LRB103 40434 AWJ 72767 b

1the State Board of Education for resident pupils in
2kindergarten or any of grades 1 through 12 who: (a) reside at
3least 1 1/2 miles as measured by the customary route of travel,
4from the school attended; or (b) reside in areas where
5conditions are such that walking constitutes a hazard to the
6safety of the child when determined under Section 29-3; and
7(c) are transported to the school attended from pick-up points
8at the beginning of the school day and back again at the close
9of the school day or transported to and from their assigned
10attendance centers during the school day, shall be reimbursed
11by the State as hereinafter provided in this Section.
12    The State will pay the prorated allowable cost of
13transporting eligible pupils less the real equalized assessed
14valuation as computed under paragraph (3) of subsection (d) of
15Section 18-8.15 in a dual school district maintaining
16secondary grades 9 to 12 inclusive times a qualifying rate of
17.05%; in elementary school districts maintaining grades K to 8
18times a qualifying rate of .06%; and in unit districts
19maintaining grades K to 12, including partial elementary unit
20districts formed pursuant to Article 11E, times a qualifying
21rate of .07%. To be eligible to receive reimbursement in
22excess of 4/5 of the cost to transport eligible pupils, a
23school district or partial elementary unit district formed
24pursuant to Article 11E shall have a Transportation Fund tax
25rate of at least .12%. The Transportation Fund tax rate for a
26partial elementary unit district formed pursuant Article 11E

 

 

HB5823- 477 -LRB103 40434 AWJ 72767 b

1shall be the combined elementary and high school rates
2pursuant to paragraph (4) of subsection (a) of Section
318-8.15. If a school district or partial elementary unit
4district formed pursuant to Article 11E does not have a .12%
5Transportation Fund tax rate, the amount of its claim in
6excess of 4/5 of the cost of transporting pupils shall be
7reduced by the sum arrived at by subtracting the
8Transportation Fund tax rate from .12% and multiplying that
9amount by the district's real equalized assessed valuation as
10computed under paragraph (3) of subsection (d) of Section
1118-8.15, provided that in no case shall said reduction result
12in reimbursement of less than 4/5 of the cost to transport
13eligible pupils.
14    The minimum amount to be received by a district is $16
15times the number of eligible pupils transported.
16    When calculating the reimbursement for transportation
17costs, the State Board of Education may not deduct the number
18of pupils enrolled in early education programs from the number
19of pupils eligible for reimbursement if the pupils enrolled in
20the early education programs are transported at the same time
21as other eligible pupils.
22    Any such district transporting resident pupils during the
23school day to an area vocational school or another school
24district's vocational program more than 1 1/2 miles from the
25school attended, as provided in Sections 10-22.20a and
2610-22.22, shall be reimbursed by the State for 4/5 of the cost

 

 

HB5823- 478 -LRB103 40434 AWJ 72767 b

1of transporting eligible pupils.
2    School day means that period of time during which the
3pupil is required to be in attendance for instructional
4purposes.
5    If a pupil is at a location within the school district
6other than his residence for child care purposes at the time
7for transportation to school, that location may be considered
8for purposes of determining the 1 1/2 miles from the school
9attended.
10    Claims for reimbursement that include children who attend
11any school other than a public school shall show the number of
12such children transported.
13    Claims for reimbursement under this Section shall not be
14paid for the transportation of pupils for whom transportation
15costs are claimed for payment under other Sections of this
16Act.
17    The allowable direct cost of transporting pupils for
18regular, vocational, and special education pupil
19transportation shall be limited to the sum of the cost of
20physical examinations required for employment as a school bus
21driver; the salaries of full-time or part-time drivers and
22school bus maintenance personnel; employee benefits excluding
23Illinois municipal retirement payments, social security
24payments, unemployment insurance payments and workers'
25compensation insurance premiums; expenditures to independent
26carriers who operate school buses; payments to other school

 

 

HB5823- 479 -LRB103 40434 AWJ 72767 b

1districts for pupil transportation services; pre-approved
2contractual expenditures for computerized bus scheduling;
3expenditures for housing assistance and homeless prevention
4under Sections 1-17 and 1-18 of the Education for Homeless
5Children Act that are not in excess of the school district's
6actual costs for providing transportation services and are not
7otherwise claimed in another State or federal grant that
8permits those costs to a parent, a legal guardian, any other
9person who enrolled a pupil, or a homeless assistance agency
10that is part of the federal McKinney-Vento Homeless Assistance
11Act's continuum of care for the area in which the district is
12located; the cost of gasoline, oil, tires, and other supplies
13necessary for the operation of school buses; the cost of
14converting buses' gasoline engines to more fuel efficient
15engines or to engines which use alternative energy sources;
16the cost of travel to meetings and workshops conducted by the
17regional superintendent or the State Superintendent of
18Education pursuant to the standards established by the
19Secretary of State under Section 6-106 of the Illinois Vehicle
20Code to improve the driving skills of school bus drivers; the
21cost of maintenance of school buses including parts and
22materials used; expenditures for leasing transportation
23vehicles, except interest and service charges; the cost of
24insurance and licenses for transportation vehicles;
25expenditures for the rental of transportation equipment; plus
26a depreciation allowance of 20% for 5 years for school buses

 

 

HB5823- 480 -LRB103 40434 AWJ 72767 b

1and vehicles approved for transporting pupils to and from
2school and a depreciation allowance of 10% for 10 years for
3other transportation equipment so used. Each school year, if a
4school district has made expenditures to the Metropolitan
5Mobility Authority Regional Transportation Authority or any of
6its service boards, a mass transit district, or an urban
7transportation district under an intergovernmental agreement
8with the district to provide for the transportation of pupils
9and if the public transit carrier received direct payment for
10services or passes from a school district within its service
11area during the 2000-2001 school year, then the allowable
12direct cost of transporting pupils for regular, vocational,
13and special education pupil transportation shall also include
14the expenditures that the district has made to the public
15transit carrier. In addition to the above allowable costs,
16school districts shall also claim all transportation
17supervisory salary costs, including Illinois municipal
18retirement payments, and all transportation related building
19and building maintenance costs without limitation.
20    Special education allowable costs shall also include
21expenditures for the salaries of attendants or aides for that
22portion of the time they assist special education pupils while
23in transit and expenditures for parents and public carriers
24for transporting special education pupils when pre-approved by
25the State Superintendent of Education.
26    Indirect costs shall be included in the reimbursement

 

 

HB5823- 481 -LRB103 40434 AWJ 72767 b

1claim for districts which own and operate their own school
2buses. Such indirect costs shall include administrative costs,
3or any costs attributable to transporting pupils from their
4attendance centers to another school building for
5instructional purposes. No school district which owns and
6operates its own school buses may claim reimbursement for
7indirect costs which exceed 5% of the total allowable direct
8costs for pupil transportation.
9    The State Board of Education shall prescribe uniform
10regulations for determining the above standards and shall
11prescribe forms of cost accounting and standards of
12determining reasonable depreciation. Such depreciation shall
13include the cost of equipping school buses with the safety
14features required by law or by the rules, regulations and
15standards promulgated by the State Board of Education, and the
16Department of Transportation for the safety and construction
17of school buses provided, however, any equipment cost
18reimbursed by the Department of Transportation for equipping
19school buses with such safety equipment shall be deducted from
20the allowable cost in the computation of reimbursement under
21this Section in the same percentage as the cost of the
22equipment is depreciated.
23    On or before August 15, annually, the chief school
24administrator for the district shall certify to the State
25Superintendent of Education the district's claim for
26reimbursement for the school year ending on June 30 next

 

 

HB5823- 482 -LRB103 40434 AWJ 72767 b

1preceding. The State Superintendent of Education shall check
2and approve the claims and prepare the vouchers showing the
3amounts due for district reimbursement claims. Each fiscal
4year, the State Superintendent of Education shall prepare and
5transmit the first 3 vouchers to the Comptroller on the 30th
6day of September, December and March, respectively, and the
7final voucher, no later than June 20.
8    If the amount appropriated for transportation
9reimbursement is insufficient to fund total claims for any
10fiscal year, the State Board of Education shall reduce each
11school district's allowable costs and flat grant amount
12proportionately to make total adjusted claims equal the total
13amount appropriated.
14    For purposes of calculating claims for reimbursement under
15this Section for any school year beginning July 1, 2016, the
16equalized assessed valuation for a school district or partial
17elementary unit district formed pursuant to Article 11E used
18to compute reimbursement shall be the real equalized assessed
19valuation as computed under paragraph (3) of subsection (d) of
20Section 18-8.15.
21    All reimbursements received from the State shall be
22deposited into the district's transportation fund or into the
23fund from which the allowable expenditures were made.
24    Notwithstanding any other provision of law, any school
25district receiving a payment under this Section or under
26Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may

 

 

HB5823- 483 -LRB103 40434 AWJ 72767 b

1classify all or a portion of the funds that it receives in a
2particular fiscal year or from State aid pursuant to Section
318-8.15 of this Code as funds received in connection with any
4funding program for which it is entitled to receive funds from
5the State in that fiscal year (including, without limitation,
6any funding program referenced in this Section), regardless of
7the source or timing of the receipt. The district may not
8classify more funds as funds received in connection with the
9funding program than the district is entitled to receive in
10that fiscal year for that program. Any classification by a
11district must be made by a resolution of its board of
12education. The resolution must identify the amount of any
13payments or general State aid to be classified under this
14paragraph and must specify the funding program to which the
15funds are to be treated as received in connection therewith.
16This resolution is controlling as to the classification of
17funds referenced therein. A certified copy of the resolution
18must be sent to the State Superintendent of Education. The
19resolution shall still take effect even though a copy of the
20resolution has not been sent to the State Superintendent of
21Education in a timely manner. No classification under this
22paragraph by a district shall affect the total amount or
23timing of money the district is entitled to receive under this
24Code. No classification under this paragraph by a district
25shall in any way relieve the district from or affect any
26requirements that otherwise would apply with respect to that

 

 

HB5823- 484 -LRB103 40434 AWJ 72767 b

1funding program, including any accounting of funds by source,
2reporting expenditures by original source and purpose,
3reporting requirements, or requirements of providing services.
4    Any school district with a population of not more than
5500,000 must deposit all funds received under this Article
6into the transportation fund and use those funds for the
7provision of transportation services.
8(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
9    (105 ILCS 5/34-4)  (from Ch. 122, par. 34-4)
10    Sec. 34-4. Eligibility. To be eligible for election or
11appointment to the Board, a person shall be a citizen of the
12United States, shall be a registered voter as provided in the
13Election Code, shall have been, for a period of one year
14immediately before election or appointment, a resident of the
15city, district, and subdistrict that the member represents,
16and shall not be a child sex offender as defined in Section
1711-9.3 of the Criminal Code of 2012. A person is ineligible for
18election or appointment to the Board if that person is not in
19compliance with the provisions of Section 10-9 as referenced
20in Section 34-3. For the 2024 general election, all persons
21eligible for election to the Board shall be nominated by a
22petition signed by at least 1,000 but not more than 3,000 of
23the voters residing within the electoral district on a
24petition in order to be placed on the ballot. For the 2026
25general election and general elections thereafter, persons

 

 

HB5823- 485 -LRB103 40434 AWJ 72767 b

1eligible for election to the Board shall be nominated by a
2petition signed by at least 500 but no more than 1,500 voters
3residing within the subdistrict on a petition in order to be
4placed on the ballot, except that persons eligible for
5election to the Board at large shall be nominated by a petition
6signed by no less than 2,500 voters residing within the city.
7Any registered voter may sign a nominating petition,
8irrespective of any partisan petition the voter signs or may
9sign. For the 2024 general election only, the petition
10circulation period shall begin on March 26, 2024, and the
11filing period shall be from June 17, 2024 to June 24, 2024.
12Permanent removal from the city by any member of the Board
13during the member's term of office constitutes a resignation
14therefrom and creates a vacancy in the Board. Board members
15shall serve without any compensation; however, members of the
16Board shall be reimbursed for expenses incurred while in the
17performance of their duties upon submission of proper receipts
18or upon submission of a signed voucher in the case of an
19expense allowance evidencing the amount of such reimbursement
20or allowance to the President of the Board for verification
21and approval. Board members shall not hold other public office
22under the Federal, State or any local government other than
23that of Director of the Metropolitan Mobility Regional
24Transportation Authority, member of the economic development
25commission of a city having a population exceeding 500,000,
26notary public or member of the National Guard, and by

 

 

HB5823- 486 -LRB103 40434 AWJ 72767 b

1accepting any such office while members of the Board, or by not
2resigning any such office held at the time of being elected or
3appointed to the Board within 30 days after such election or
4appointment, shall be deemed to have vacated their membership
5in the Board.
6(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21;
7103-584, eff. 3-18-24.)
 
8    Section 8.37. The Public Utilities Act is amended by
9changing Section 4-302 as follows:
 
10    (220 ILCS 5/4-302)  (from Ch. 111 2/3, par. 4-302)
11    Sec. 4-302. The Commission shall cooperate with the
12Metropolitan Mobility Regional Transportation Authority
13created pursuant to the Metropolitan Mobility "Regional
14Transportation Authority Act", enacted by the 78th General
15Assembly, in the exercise of the powers of the Authority as
16provided in that Act.
17    Transportation agencies Agencies which have any purchase
18of service agreement with the Authority a Service Board as
19provided in the Metropolitan Mobility "Regional Transportation
20Authority Act" shall not be subject to this Act as to any
21public transportation which is the subject of such agreement.
22Any service and business exempted from this Act pursuant to
23this Section shall not be considered "intrastate public
24utility business" as defined in Section 3-120 of this Act.

 

 

HB5823- 487 -LRB103 40434 AWJ 72767 b

1    No contract between any transportation agency
2Transportation Agency and the Authority or a Service Board or
3acquisition by the Authority or a Service Board of any
4property, including property of a transportation agency
5Transportation Agency pursuant to and as defined in the
6Metropolitan Mobility Regional Transportation Authority Act,
7shall, except as provided in such Act, be subject to the
8supervision, regulation or approval of the Commission.
9    If the Metropolitan Mobility Authority determines In the
10event a Service Board shall determine that any Public
11Transportation service provided by any transportation agency
12Transportation Agency with which that Authority Service Board
13has a purchase of service agreement Purchase of Service
14Agreement is not necessary for the public interest and shall
15for that reason decline to enter into any Purchase of Service
16Agreement for such particular service, all pursuant to and as
17defined in such Metropolitan Mobility Regional Transportation
18Authority Act, then the discontinuation of such service by
19such transportation agency Transportation Agency shall not be
20subject to the supervision, regulation or approval of the
21Commission.
22(Source: P.A. 84-617; 84-1025.)
 
23    Section 8.38. The Telecommunication Devices for the Deaf
24Act is amended by changing Section 2 as follows:
 

 

 

HB5823- 488 -LRB103 40434 AWJ 72767 b

1    (410 ILCS 55/2)  (from Ch. 111 1/2, par. 4202)
2    Sec. 2. As used in this Act, unless the context otherwise
3requires:
4    (a) "Telecommunication device for the deaf" means a
5teletypewriter or other instrument for telecommunication in
6which speaking or hearing is not required for communication.
7    (b) "Public Safety Agency" means any unit of local
8government or special purpose district within the State which
9has authority to provide firefighting, police, or other
10emergency services.
11    (c) "Department" means the Department of Human Services.
12    (d) "Major public transportation site" means any airport
13or railroad station in the State providing commercial rail or
14airline service to the general public, that serves and is
15located within 20 miles of a municipality with a population of
1625,000 or more, except for any facility under the jurisdiction
17of the Metropolitan Mobility Authority Commuter Rail Division
18created by the Regional Transportation Authority Act or the
19Chicago Transit Authority created by the Metropolitan Transit
20Authority Act.
21    (e) "General traveling public" are individuals making use
22of the commercial rail and airline services which are provided
23at major public transportation sites.
24(Source: P.A. 89-507, eff. 7-1-97.)
 
25    Section 8.39. The Illinois Highway Code is amended by

 

 

HB5823- 489 -LRB103 40434 AWJ 72767 b

1changing Sections 5-701.8, 6-411.5, and 7-202.14 as follows:
 
2    (605 ILCS 5/5-701.8)  (from Ch. 121, par. 5-701.8)
3    Sec. 5-701.8. Any county board may also turn over a
4portion of the motor fuel tax funds allotted to it to:
5    (a) a local Mass Transit District if the county created
6such District pursuant to the "Local Mass Transit District
7Act", approved July 21, 1959, as now or hereafter amended;
8    (b) a local Transit Commission if such commission is
9created pursuant to Section 14-101 of The Public Utilities
10Act; or
11    (c) the Metropolitan Mobility Chicago Transit Authority
12established pursuant to the Metropolitan Mobility
13"Metropolitan Transit Authority Act", approved April 12, 1945,
14as now or hereafter amended.
15(Source: P.A. 85-1209.)
 
16    (605 ILCS 5/6-411.5)
17    Sec. 6-411.5. Contracts for public transportation. The
18highway commissioner of each road district within the
19territory of the Metropolitan Mobility Regional Transportation
20Authority shall have authority, with the approval of the
21township board of trustees, to contract with the Metropolitan
22Mobility Regional Transportation Authority or a Service Board,
23as defined in the Regional Transportation Authority Act, for
24the purchase of public transportation services within the

 

 

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1district, upon such terms and conditions as may be mutually
2agreed upon. The expenditure of road funds, collected under a
3road district tax, to purchase public transportation services
4constitutes a road purpose under this Code.
5(Source: P.A. 89-347, eff. 1-1-96.)
 
6    (605 ILCS 5/7-202.14)  (from Ch. 121, par. 7-202.14)
7    Sec. 7-202.14. Any municipality may by ordinance of the
8corporate authorities turn over a portion of its allotment to:
9    (a) a local Mass Transit District if the municipality
10created such a District pursuant to the "Local Mass Transit
11District Act", approved July 21, 1959, as now or hereafter
12amended;
13    (b) a local Transit Commission if the municipality
14established such commission pursuant to Section 14-101 of The
15Public Utilities Act; or
16    (c) the Metropolitan Mobility Chicago Transit Authority
17established pursuant to the Metropolitan Mobility
18"Metropolitan Transit Authority Act", approved April 12, 1945,
19as now or hereafter amended.
20(Source: P.A. 85-1209.)
 
21    Section 8.40. The Toll Highway Act is amended by changing
22Sections 3 and 19 as follows:
 
23    (605 ILCS 10/3)  (from Ch. 121, par. 100-3)

 

 

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1    Sec. 3. There is hereby created an Authority to be known as
2The Illinois State Toll Highway Authority, which is hereby
3constituted an instrumentality and an administrative agency of
4the State of Illinois. The said Authority shall consist of the
5following 11 directors: ; the Governor, and the Secretary of
6the Department of Transportation, and the Chair of the
7Metropolitan Mobility Authority as nonvoting directors ex
8officio, and 9 voting directors appointed by the Governor with
9the advice and consent of the Senate, from the State at large,
10which said directors and their successors are hereby
11authorized to carry out the provisions of this Act, and to
12exercise the powers herein conferred. Of the 9 directors
13appointed by the Governor, no more than 5 shall be members of
14the same political party.
15    Notwithstanding any provision of law to the contrary, the
16term of office of each director of the Authority serving on the
17effective date of this amendatory Act of the 100th General
18Assembly, other than the Governor and the Secretary of the
19Department of Transportation, is abolished and a vacancy in
20each office is created on the effective date of this
21amendatory Act of the 100th General Assembly. The Governor
22shall appoint directors to the Authority for the vacancies
23created under this amendatory Act of the 100th General
24Assembly by February 28, 2019. Directors whose terms are
25abolished under this amendatory Act of the 100th General
26Assembly shall be eligible for reappointment.

 

 

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1    Vacancies shall be filled for the unexpired term in the
2same manner as original appointments. All appointments shall
3be in writing and filed with the Secretary of State as a public
4record. It is the intention of this section that the
5Governor's appointments shall be made with due consideration
6to the location of proposed toll highway routes so that
7maximum geographic representation from the areas served by
8said toll highway routes may be accomplished insofar as
9practicable. The said Authority shall have the power to
10contract and be contracted with, to acquire, hold and convey
11personal and real property or any interest therein including
12rights-of-way rights of way, franchises and easements; to have
13and use a common seal, and to alter the same at will; to make
14and establish resolutions, by-laws, rules, rates and
15regulations, and to alter or repeal the same as the Authority
16shall deem necessary and expedient for the construction,
17operation, relocation, regulation and maintenance of a system
18of toll highways within and through the State of Illinois.
19    Appointment of the additional directors provided for by
20this amendatory Act of 1980 shall be made within 30 days after
21the effective date of this amendatory Act of 1980.
22(Source: P.A. 100-1180, eff. 2-28-19.)
 
23    (605 ILCS 10/19)  (from Ch. 121, par. 100-19)
24    Sec. 19. Toll rates. The Authority shall fix and revise
25from time to time, tolls or charges or rates for the privilege

 

 

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1of using each of the toll highways constructed pursuant to
2this Act. Such tolls shall be so fixed and adjusted at rates
3calculated to provide the lowest reasonable toll rates that
4will provide funds sufficient with other revenues of the
5Authority to pay, (a) the cost of the construction of a toll
6highway authorized by joint resolution of the General Assembly
7pursuant to Section 14.1 and the reconstruction, major repairs
8or improvements of toll highways, (b) the cost of maintaining,
9repairing, regulating and operating the toll highways
10including only the necessary expenses of the Authority, and
11(c) the principal of all bonds, interest thereon and all
12sinking fund requirements and other requirements provided by
13resolutions authorizing the issuance of the bonds as they
14shall become due. In fixing the toll rates pursuant to this
15Section 19 and Section 10(c) of this Act, the Authority shall
16take into account the effect of the provisions of this Section
1719 permitting the use of the toll highway system without
18payment of the covenants of the Authority contained in the
19resolutions and trust indentures authorizing the issuance of
20bonds of the Authority. No such provision permitting the use
21of the toll highway system without payment of tolls after the
22date of this amendatory Act of the 95th General Assembly shall
23be applied in a manner that impairs the rights of bondholders
24pursuant to any resolution or trust indentures authorizing the
25issuance of bonds of the Authority. The use and disposition of
26any sinking or reserve fund shall be subject to such

 

 

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1regulation as may be provided in the resolution or trust
2indenture authorizing the issuance of the bonds. Subject to
3the provisions of any resolution or trust indenture
4authorizing the issuance of bonds any moneys in any such
5sinking fund in excess of an amount equal to one year's
6interest on the bonds then outstanding secured by such sinking
7fund may be applied to the purchase or redemption of bonds. All
8such bonds so redeemed or purchased shall forthwith be
9cancelled and shall not again be issued. No person shall be
10permitted to use any toll highway without paying the toll
11established under this Section except when on official Toll
12Highway Authority business which includes police and other
13emergency vehicles. However, any law enforcement agency
14vehicle, fire department vehicle, public or private ambulance
15service vehicle engaged in the performance of an emergency
16service or duty that necessitates the use of the toll highway
17system, or other emergency vehicle that is plainly marked
18shall not be required to pay a toll to use a toll highway. A
19law enforcement, fire protection, or emergency services
20officer driving a law enforcement, fire protection, emergency
21services agency vehicle, or public or private ambulance
22service vehicle engaging in the performance of emergency
23services or duties that is not plainly marked must present an
24Official Permit Card which the law enforcement, fire
25protection, or emergency services officer receives from his or
26her law enforcement, fire protection, emergency services

 

 

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1agency, or public or private ambulance service in order to use
2a toll highway without paying the toll. A law enforcement,
3fire protection, emergency services agency, or public or
4private ambulance service engaging in the performance of
5emergency services or duties must apply to the Authority to
6receive a permit, and the Authority shall adopt rules for the
7issuance of a permit, that allows public or private ambulance
8service vehicles engaged in the performance of emergency
9services or duties that necessitate the use of the toll
10highway system and all law enforcement, fire protection, or
11emergency services agency vehicles of the law enforcement,
12fire protection, or emergency services agency to use any toll
13highway without paying the toll established under this
14Section. The Authority shall maintain in its office a list of
15all persons that are authorized to use any toll highway
16without charge when on official business of the Authority and
17such list shall be open to the public for inspection. In
18recognition of the unique role of public transportation in
19providing effective transportation in the Authority's service
20region, and to give effect to the exemption set forth in
21subsection (b) of Section 4.06 2.06 of the Metropolitan
22Mobility Regional Transportation Authority Act, the following
23vehicles may use any toll highway without paying the toll: (1)
24a vehicle owned or operated by the Suburban Bus Division of the
25Metropolitan Mobility Regional Transportation Authority that
26is being used to transport passengers for hire; and (2) any

 

 

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1revenue vehicle that is owned or operated by a Mass Transit
2District created under Section 3 of the Local Mass Transit
3District Act and running regular scheduled service.
4    Among other matters, this amendatory Act of 1990 is
5intended to clarify and confirm the prior intent of the
6General Assembly to allow toll revenues from the toll highway
7system to be used to pay a portion of the cost of the
8construction of the North-South Toll Highway authorized by
9Senate Joint Resolution 122 of the 83rd General Assembly in
101984.
11(Source: P.A. 100-739, eff. 1-1-19.)
 
12    Section 8.41. The Illinois Aeronautics Act is amended by
13changing Section 49.1 as follows:
 
14    (620 ILCS 5/49.1)  (from Ch. 15 1/2, par. 22.49a)
15    Sec. 49.1. Creation of hazards. No person may create or
16construct any airport hazard which obstructs a restricted
17landing area or residential airport that (1) serves 20 or more
18based aircraft, and (2) is located within the "metropolitan
19region" as that term is defined in the Metropolitan Mobility
20Regional Transportation Authority Act. For the purpose of this
21Section, "based aircraft" are aircraft that are regularly
22hangared or tied-down at the restricted landing area or
23residential airport, or that use it as their primary base of
24operation. As used in this Section 49.1, "restricted landing

 

 

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1area" or "residential airport" shall have the meaning set
2forth in regulations of the Department in effect on the
3effective date of this amendatory Act of 1989, but shall not
4include amendments of the regulations adopted by the
5Department thereafter.
6(Source: P.A. 86-963.)
 
7    Section 8.42. The Illinois Vehicle Code is amended by
8changing Sections 1-209.3, 8-102, 11-709.2, and 18c-7402 as
9follows:
 
10    (625 ILCS 5/1-209.3)
11    Sec. 1-209.3. Transit bus. A bus engaged in public
12transportation as defined by the Metropolitan Mobility
13Regional Transportation Authority Act and authorized by the
14Department to be used on specifically designated roadway
15shoulders.
16(Source: P.A. 97-292, eff. 8-11-11.)
 
17    (625 ILCS 5/8-102)  (from Ch. 95 1/2, par. 8-102)
18    Sec. 8-102. Alternate methods of giving proof.
19    (a) Except as provided in subsection (b), proof of
20financial responsibility, when required under Section 8-101 or
218-101.1, may be given by filing with the Secretary of State one
22of the following:
23        1. A bond as provided in Section 8-103;

 

 

HB5823- 498 -LRB103 40434 AWJ 72767 b

1        2. An insurance policy or other proof of insurance in
2    a form to be prescribed by the Secretary as provided in
3    Section 8-108;
4        3. A certificate of self-insurance issued by the
5    Director;
6        4. A certificate of self-insurance issued to the
7    Metropolitan Mobility Regional Transportation Authority by
8    the Director naming municipal or non-municipal public
9    carriers included therein;
10        5. A certificate of coverage issued by an
11    intergovernmental risk management association evidencing
12    coverages which meet or exceed the amounts required under
13    this Code.
14    (b) Beginning January 1, 2020, in lieu of filing the
15documents required by subsection (a), each owner of a vehicle
16required to obtain minimum liability insurance under Section
178-101 or 8-101.1 shall attest that the vehicle is insured in at
18least the minimum required amount.
19        (1) The Secretary shall create a form on which the
20    vehicle owner shall attest that the vehicle is insured in
21    at least the minimum required amount. The attestation form
22    shall be submitted with each registration application.
23        (2) The attestation form shall be valid for the full
24    registration period; however, if at any time the Secretary
25    has reason to believe that the owner does not have the
26    minimum required amount of insurance for a vehicle, the

 

 

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1    Secretary may require the owner to file with the Secretary
2    documentation as set forth in subsection (a) of this
3    Section.
4        (3) If the owner fails to provide the required
5    documentation within 7 calendar days after the request is
6    made, the Secretary may suspend the vehicle registration.
7    The registration shall remain suspended until such time as
8    the required documentation is provided to and reviewed by
9    the Secretary.
10        (4) The owner of a vehicle that is self-insured shall
11    attest that the funds available to pay liability claims
12    related to the operation of the vehicle are equivalent to
13    or greater than the minimum liability insurance
14    requirements under Section 8-101 or 8-101.1.
15    (c) The Secretary of State may adopt rules to implement
16this Section.
17(Source: P.A. 100-986, eff. 1-1-21.)
 
18    (625 ILCS 5/11-709.2)
19    Sec. 11-709.2. Bus on shoulder program.
20    (a) The use of specifically designated shoulders of
21roadways by transit buses may be authorized by the Department
22in cooperation with the Metropolitan Mobility Regional
23Transportation Authority and the Suburban Bus Division of the
24Regional Transportation Authority. The Department shall
25prescribe by rule which transit buses are authorized to

 

 

HB5823- 500 -LRB103 40434 AWJ 72767 b

1operate on shoulders, as well as times and locations. The
2Department may erect signage to indicate times and locations
3of designated shoulder usage.
4    (b) (Blank).
5    (c) (Blank).
6(Source: P.A. 98-756, eff. 7-16-14; 98-871, eff. 8-11-14;
799-78, eff. 7-20-15.)
 
8    (625 ILCS 5/18c-7402)  (from Ch. 95 1/2, par. 18c-7402)
9    Sec. 18c-7402. Safety requirements for railroad
10operations.
11    (1) Obstruction of crossings.
12        (a) Obstruction of emergency vehicles. Every railroad
13    shall be operated in such a manner as to minimize
14    obstruction of emergency vehicles at crossings. Where such
15    obstruction occurs and the train crew is aware of the
16    obstruction, the train crew shall immediately take any
17    action, consistent with safe operating procedure,
18    necessary to remove the obstruction. In the Chicago and
19    St. Louis switching districts, every railroad dispatcher
20    or other person responsible for the movement of railroad
21    equipment in a specific area who receives notification
22    that railroad equipment is obstructing the movement of an
23    emergency vehicle at any crossing within such area shall
24    immediately notify the train crew through use of existing
25    communication facilities. Upon notification, the train

 

 

HB5823- 501 -LRB103 40434 AWJ 72767 b

1    crew shall take immediate action in accordance with this
2    paragraph.
3        (b) Obstruction of highway at-grade at grade crossing
4    prohibited. It is unlawful for a rail carrier to permit
5    any train, railroad car or engine to obstruct public
6    travel at a railroad-highway grade crossing for a period
7    in excess of 10 minutes, except where such train or
8    railroad car is continuously moving or cannot be moved by
9    reason of circumstances over which the rail carrier has no
10    reasonable control.
11        In a county with a population of greater than
12    1,000,000, as determined by the most recent federal
13    census, during the hours of 7:00 a.m. through 9:00 a.m.
14    and 4:00 p.m. through 6:00 p.m. it is unlawful for a rail
15    carrier to permit any single train or railroad car to
16    obstruct public travel at a railroad-highway grade
17    crossing in excess of a total of 10 minutes during a
18    30-minute 30 minute period, except where the train or
19    railroad car cannot be moved by reason or circumstances
20    over which the rail carrier has no reasonable control.
21    Under no circumstances will a moving train be stopped for
22    the purposes of issuing a citation related to this
23    Section.
24        However, no employee acting under the rules or orders
25    of the rail carrier or its supervisory personnel may be
26    prosecuted for a violation of this subsection (b).

 

 

HB5823- 502 -LRB103 40434 AWJ 72767 b

1        (c) Punishment for obstruction of grade crossing. Any
2    rail carrier violating paragraph (b) of this subsection
3    shall be guilty of a petty offense and fined not less than
4    $200 nor more than $500 if the duration of the obstruction
5    is in excess of 10 minutes but no longer than 15 minutes.
6    If the duration of the obstruction exceeds 15 minutes the
7    violation shall be a business offense and the following
8    fines shall be imposed: if the duration of the obstruction
9    is in excess of 15 minutes but no longer than 20 minutes,
10    the fine shall be $500; if the duration of the obstruction
11    is in excess of 20 minutes but no longer than 25 minutes,
12    the fine shall be $700; if the duration of the obstruction
13    is in excess of 25 minutes, but no longer than 30 minutes,
14    the fine shall be $900; if the duration of the obstruction
15    is in excess of 30 minutes but no longer than 35 minutes,
16    the fine shall be $1,000; if the duration of the
17    obstruction is in excess of 35 minutes, the fine shall be
18    $1,000 plus an additional $500 for each 5 minutes of
19    obstruction in excess of 25 minutes of obstruction.
20    (2) Other operational requirements.
21        (a) Bell and whistle-crossings. Every rail carrier
22    shall cause a bell, and a whistle or horn to be placed and
23    kept on each locomotive, and shall cause the same to be
24    rung or sounded by the engineer or fireman, at the
25    distance of at least 1,320 feet, from the place where the
26    railroad crosses or intersects any public highway, and

 

 

HB5823- 503 -LRB103 40434 AWJ 72767 b

1    shall be kept ringing or sounding until the highway is
2    reached; provided that at crossings where the Commission
3    shall by order direct, only after a hearing has been held
4    to determine the public is reasonably and sufficiently
5    protected, the rail carrier may be excused from giving
6    warning provided by this paragraph.
7        (a-5) The requirements of paragraph (a) of this
8    subsection (2) regarding ringing a bell and sounding a
9    whistle or horn do not apply at a railroad crossing that
10    has a permanently installed automated audible warning
11    device authorized by the Commission under Section
12    18c-7402.1 that sounds automatically when an approaching
13    train is at least 1,320 feet from the crossing and that
14    keeps sounding until the lead locomotive has crossed the
15    highway. The engineer or fireman may ring the bell or
16    sound the whistle or horn at a railroad crossing that has a
17    permanently installed audible warning device.
18        (b) Speed limits. Each rail carrier shall operate its
19    trains in compliance with speed limits set by the
20    Commission. The Commission may set train speed limits only
21    where such limits are necessitated by extraordinary
22    circumstances affecting the public safety, and shall
23    maintain such train speed limits in effect only for such
24    time as the extraordinary circumstances prevail.
25        The Commission and the Department of Transportation
26    shall conduct a study of the relation between train speeds

 

 

HB5823- 504 -LRB103 40434 AWJ 72767 b

1    and railroad-highway grade crossing safety. The Commission
2    shall report the findings of the study to the General
3    Assembly no later than January 5, 1997.
4        (c) Special speed limit; pilot project. The Commission
5    and the Board of the Metropolitan Mobility Authority
6    Commuter Rail Division of the Regional Transportation
7    Authority shall conduct a pilot project in the Village of
8    Fox River Grove, the site of the fatal school bus crash at
9    a railroad crossing on October 25, 1995, in order to
10    improve railroad crossing safety. For this project, the
11    Commission is directed to set the maximum train speed
12    limit for Metropolitan Mobility Regional Transportation
13    Authority trains at 50 miles per hour at intersections on
14    that portion of the intrastate rail line located in the
15    Village of Fox River Grove. If the Metropolitan Mobility
16    Regional Transportation Authority deliberately fails to
17    comply with this maximum speed limit, then any entity,
18    governmental or otherwise, that provides capital or
19    operational funds to the Metropolitan Mobility Regional
20    Transportation Authority shall appropriately reduce or
21    eliminate that funding. The Commission shall report to the
22    Governor and the General Assembly on the results of this
23    pilot project in January 1999, January 2000, and January
24    2001. The Commission shall also submit a final report on
25    the pilot project to the Governor and the General Assembly
26    in January 2001. The provisions of this subsection (c),

 

 

HB5823- 505 -LRB103 40434 AWJ 72767 b

1    other than this sentence, are inoperative after February
2    1, 2001.
3        (d) Freight train crew size. No rail carrier shall
4    operate or cause to operate a train or light engine used in
5    connection with the movement of freight unless it has an
6    operating crew consisting of at least 2 individuals. The
7    minimum freight train crew size indicated in this
8    subsection (d) shall remain in effect until a federal law
9    or rule encompassing the subject matter has been adopted.
10    The Commission, with respect to freight train crew member
11    size under this subsection (d), has the power to conduct
12    evidentiary hearings, make findings, and issue and enforce
13    orders, including sanctions under Section 18c-1704 of this
14    Chapter. As used in this subsection (d), "train or light
15    engine" does not include trains operated by a hostler
16    service or utility employees.
17    (3) Report and investigation of rail accidents.
18        (a) Reports. Every rail carrier shall report to the
19    Commission, by the speediest means possible, whether
20    telephone, telegraph, or otherwise, every accident
21    involving its equipment, track, or other property which
22    resulted in loss of life to any person. In addition, such
23    carriers shall file a written report with the Commission.
24    Reports submitted under this paragraph shall be strictly
25    confidential, shall be specifically prohibited from
26    disclosure, and shall not be admissible in any

 

 

HB5823- 506 -LRB103 40434 AWJ 72767 b

1    administrative or judicial proceeding relating to the
2    accidents reported.
3        (b) Investigations. The Commission may investigate all
4    railroad accidents reported to it or of which it acquires
5    knowledge independent of reports made by rail carriers,
6    and shall have the power, consistent with standards and
7    procedures established under the Federal Railroad Safety
8    Act, as amended, to enter such temporary orders as will
9    minimize the risk of future accidents pending notice,
10    hearing, and final action by the Commission.
11(Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23.)
 
12    Section 8.43. The Criminal Code of 2012 is amended by
13changing Section 21-5 as follows:
 
14    (720 ILCS 5/21-5)  (from Ch. 38, par. 21-5)
15    Sec. 21-5. Criminal trespass to State supported land.
16    (a) A person commits criminal trespass to State supported
17land when he or she enters upon land supported in whole or in
18part with State funds, or federal funds administered or
19granted through State agencies or any building on the land,
20after receiving, prior to the entry, notice from the State or
21its representative that the entry is forbidden, or remains
22upon the land or in the building after receiving notice from
23the State or its representative to depart, and who thereby
24interferes with another person's lawful use or enjoyment of

 

 

HB5823- 507 -LRB103 40434 AWJ 72767 b

1the building or land.
2    A person has received notice from the State within the
3meaning of this subsection if he or she has been notified
4personally, either orally or in writing, or if a printed or
5written notice forbidding entry to him or her or a group of
6which he or she is a part, has been conspicuously posted or
7exhibited at the main entrance to the land or the forbidden
8part thereof.
9    (a-5) A person commits criminal trespass to State
10supported land when he or she enters upon a right-of-way right
11of way, including facilities and improvements thereon, owned,
12leased, or otherwise used by a public body or district
13organized under the Metropolitan Transit Authority Act, the
14Local Mass Transit District Act, or the Metropolitan Mobility
15Regional Transportation Authority Act, after receiving, prior
16to the entry, notice from the public body or district, or its
17representative, that the entry is forbidden, or the person
18remains upon the right-of-way right of way after receiving
19notice from the public body or district, or its
20representative, to depart, and in either of these instances
21intends to compromise public safety by causing a delay in
22transit service lasting more than 15 minutes or destroying
23property.
24    A person has received notice from the public body or
25district within the meaning of this subsection if he or she has
26been notified personally, either orally or in writing, or if a

 

 

HB5823- 508 -LRB103 40434 AWJ 72767 b

1printed or written notice forbidding entry to him or her has
2been conspicuously posted or exhibited at any point of
3entrance to the right-of-way right of way or the forbidden
4part of the right-of-way right of way.
5    As used in this subsection (a-5), "right-of-way right of
6way" has the meaning ascribed to it in Section 18c-7502 of the
7Illinois Vehicle Code.
8    (b) A person commits criminal trespass to State supported
9land when he or she enters upon land supported in whole or in
10part with State funds, or federal funds administered or
11granted through State agencies or any building on the land by
12presenting false documents or falsely representing his or her
13identity orally to the State or its representative in order to
14obtain permission from the State or its representative to
15enter the building or land; or remains upon the land or in the
16building by presenting false documents or falsely representing
17his or her identity orally to the State or its representative
18in order to remain upon the land or in the building, and who
19thereby interferes with another person's lawful use or
20enjoyment of the building or land.
21    This subsection does not apply to a peace officer or other
22official of a unit of government who enters upon land
23supported in whole or in part with State funds, or federal
24funds administered or granted through State agencies or any
25building on the land in the performance of his or her official
26duties.

 

 

HB5823- 509 -LRB103 40434 AWJ 72767 b

1    (c) Sentence. Criminal trespass to State supported land is
2a Class A misdemeanor, except a violation of subsection (a-5)
3of this Section is a Class A misdemeanor for a first violation
4and a Class 4 felony for a second or subsequent violation.
5(Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15.)
 
6    Section 8.44. The Eminent Domain Act is amended by
7changing Section 15-5-15 and adding Section 15-5-49 as
8follows:
 
9    (735 ILCS 30/15-5-15)
10    Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
11through 75. The following provisions of law may include
12express grants of the power to acquire property by
13condemnation or eminent domain:
 
14(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
15    authorities; for public airport facilities.
16(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
17    authorities; for removal of airport hazards.
18(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
19    authorities; for reduction of the height of objects or
20    structures.
21(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
22    airport authorities; for general purposes.
23(70 ILCS 15/3); Kankakee River Valley Area Airport Authority

 

 

HB5823- 510 -LRB103 40434 AWJ 72767 b

1    Act; Kankakee River Valley Area Airport Authority; for
2    acquisition of land for airports.
3(70 ILCS 200/2-20); Civic Center Code; civic center
4    authorities; for grounds, centers, buildings, and parking.
5(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
6    Authority; for grounds, centers, buildings, and parking.
7(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
8    Exposition, Auditorium and Office Building Authority; for
9    grounds, centers, buildings, and parking.
10(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
11    Authority; for grounds, centers, buildings, and parking.
12(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
13    Center Authority; for grounds, centers, buildings, and
14    parking.
15(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
16    District Civic Center Authority; for grounds, centers,
17    buildings, and parking.
18(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic
19    Center Authority; for grounds, centers, buildings, and
20    parking.
21(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
22    Center Authority; for grounds, centers, buildings, and
23    parking.
24(70 ILCS 200/60-30); Civic Center Code; Collinsville
25    Metropolitan Exposition, Auditorium and Office Building
26    Authority; for grounds, centers, buildings, and parking.

 

 

HB5823- 511 -LRB103 40434 AWJ 72767 b

1(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
2    Center Authority; for grounds, centers, buildings, and
3    parking.
4(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
5    Exposition, Auditorium and Office Building Authority; for
6    grounds, centers, buildings, and parking.
7(70 ILCS 200/80-15); Civic Center Code; DuPage County
8    Metropolitan Exposition, Auditorium and Office Building
9    Authority; for grounds, centers, buildings, and parking.
10(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
11    Exposition, Auditorium and Office Building Authority; for
12    grounds, centers, buildings, and parking.
13(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
14    Exposition, Auditorium and Office Building Authority; for
15    grounds, centers, buildings, and parking.
16(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
17    Center Authority; for grounds, centers, buildings, and
18    parking.
19(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
20    Center Authority; for grounds, centers, buildings, and
21    parking.
22(70 ILCS 200/120-25); Civic Center Code; Jefferson County
23    Metropolitan Exposition, Auditorium and Office Building
24    Authority; for grounds, centers, buildings, and parking.
25(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
26    Civic Center Authority; for grounds, centers, buildings,

 

 

HB5823- 512 -LRB103 40434 AWJ 72767 b

1    and parking.
2(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
3    Metropolitan Exposition, Auditorium and Office Building
4    Authority; for grounds, centers, buildings, and parking.
5(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
6    Authority; for grounds, centers, buildings, and parking.
7(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
8    Center Authority; for grounds, centers, buildings, and
9    parking.
10(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
11    Civic Center Authority; for grounds, centers, buildings,
12    and parking.
13(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
14    Authority; for grounds, centers, buildings, and parking.
15(70 ILCS 200/165-35); Civic Center Code; Melrose Park
16    Metropolitan Exposition Auditorium and Office Building
17    Authority; for grounds, centers, buildings, and parking.
18(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
19    Exposition, Auditorium and Office Building Authorities;
20    for general purposes.
21(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
22    Authority; for grounds, centers, buildings, and parking.
23(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
24    Authority; for grounds, centers, buildings, and parking.
25(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
26    Authority; for grounds, centers, buildings, and parking.

 

 

HB5823- 513 -LRB103 40434 AWJ 72767 b

1(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
2    Authority; for grounds, centers, buildings, and parking.
3(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
4    Authority; for grounds, centers, buildings, and parking.
5(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
6    Authority; for grounds, centers, buildings, and parking.
7(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
8    Civic Center Authority; for grounds, centers, buildings,
9    and parking.
10(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
11    Exposition, Auditorium and Office Building Authority; for
12    grounds, centers, buildings, and parking.
13(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
14    Center Authority; for grounds, centers, buildings, and
15    parking.
16(70 ILCS 200/230-35); Civic Center Code; River Forest
17    Metropolitan Exposition, Auditorium and Office Building
18    Authority; for grounds, centers, buildings, and parking.
19(70 ILCS 200/235-40); Civic Center Code; Riverside Civic
20    Center Authority; for grounds, centers, buildings, and
21    parking.
22(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
23    Authority; for grounds, centers, buildings, and parking.
24(70 ILCS 200/255-20); Civic Center Code; Springfield
25    Metropolitan Exposition and Auditorium Authority; for
26    grounds, centers, and parking.

 

 

HB5823- 514 -LRB103 40434 AWJ 72767 b

1(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
2    Exposition, Auditorium and Office Building Authority; for
3    grounds, centers, buildings, and parking.
4(70 ILCS 200/265-20); Civic Center Code; Vermilion County
5    Metropolitan Exposition, Auditorium and Office Building
6    Authority; for grounds, centers, buildings, and parking.
7(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
8    Authority; for grounds, centers, buildings, and parking.
9(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
10    Center Authority; for grounds, centers, buildings, and
11    parking.
12(70 ILCS 200/280-20); Civic Center Code; Will County
13    Metropolitan Exposition and Auditorium Authority; for
14    grounds, centers, and parking.
15(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
16    Act; Metropolitan Pier and Exposition Authority; for
17    general purposes, including quick-take power.
18(70 ILCS 405/22.04); Soil and Water Conservation Districts
19    Act; soil and water conservation districts; for general
20    purposes.
21(70 ILCS 410/10 and 410/12); Conservation District Act;
22    conservation districts; for open space, wildland, scenic
23    roadway, pathway, outdoor recreation, or other
24    conservation benefits.
25(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
26    Redevelopment Commission Act; Chanute-Rantoul National

 

 

HB5823- 515 -LRB103 40434 AWJ 72767 b

1    Aviation Center Redevelopment Commission; for general
2    purposes.
3(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
4    Fort Sheridan Redevelopment Commission; for general
5    purposes or to carry out comprehensive or redevelopment
6    plans.
7(70 ILCS 520/8); Southwestern Illinois Development Authority
8    Act; Southwestern Illinois Development Authority; for
9    general purposes, including quick-take power.
10(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
11    drainage districts; for general purposes.
12(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
13    corporate authorities; for construction and maintenance of
14    works.
15(70 ILCS 705/10); Fire Protection District Act; fire
16    protection districts; for general purposes.
17(70 ILCS 750/20); Flood Prevention District Act; flood
18    prevention districts; for general purposes.
19(70 ILCS 805/6); Downstate Forest Preserve District Act;
20    certain forest preserve districts; for general purposes.
21(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
22    certain forest preserve districts; for recreational and
23    cultural facilities.
24(70 ILCS 810/8); Cook County Forest Preserve District Act;
25    Forest Preserve District of Cook County; for general
26    purposes.

 

 

HB5823- 516 -LRB103 40434 AWJ 72767 b

1(70 ILCS 810/38); Cook County Forest Preserve District Act;
2    Forest Preserve District of Cook County; for recreational
3    facilities.
4(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
5    districts; for hospitals or hospital facilities.
6(70 ILCS 915/3); Illinois Medical District Act; Illinois
7    Medical District Commission; for general purposes.
8(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
9    Medical District Commission; quick-take power for the
10    Illinois State Police Forensic Science Laboratory
11    (obsolete).
12(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
13    tuberculosis sanitarium districts; for tuberculosis
14    sanitariums.
15(70 ILCS 925/20); Mid-Illinois Medical District Act;
16    Mid-Illinois Medical District; for general purposes.
17(70 ILCS 930/20); Mid-America Medical District Act;
18    Mid-America Medical District Commission; for general
19    purposes.
20(70 ILCS 935/20); Roseland Community Medical District Act;
21    medical district; for general purposes.
22(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
23    abatement districts; for general purposes.
24(70 ILCS 1105/8); Museum District Act; museum districts; for
25    general purposes.
26(70 ILCS 1205/7-1); Park District Code; park districts; for

 

 

HB5823- 517 -LRB103 40434 AWJ 72767 b

1    streets and other purposes.
2(70 ILCS 1205/8-1); Park District Code; park districts; for
3    parks.
4(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
5    districts; for airports and landing fields.
6(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
7    districts; for State land abutting public water and
8    certain access rights.
9(70 ILCS 1205/11.1-3); Park District Code; park districts; for
10    harbors.
11(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
12    park districts; for street widening.
13(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water
14    Control Act; park districts; for parks, boulevards,
15    driveways, parkways, viaducts, bridges, or tunnels.
16(70 ILCS 1250/2); Park Commissioners Street Control (1889)
17    Act; park districts; for boulevards or driveways.
18(70 ILCS 1290/1); Park District Aquarium and Museum Act;
19    municipalities or park districts; for aquariums or
20    museums.
21(70 ILCS 1305/2); Park District Airport Zoning Act; park
22    districts; for restriction of the height of structures.
23(70 ILCS 1310/5); Park District Elevated Highway Act; park
24    districts; for elevated highways.
25(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
26    District; for parks and other purposes.

 

 

HB5823- 518 -LRB103 40434 AWJ 72767 b

1(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
2    District; for parking lots or garages.
3(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
4    District; for harbors.
5(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
6    Act; Lincoln Park Commissioners; for land and interests in
7    land, including riparian rights.
8(70 ILCS 1801/30); Alexander-Cairo Port District Act;
9    Alexander-Cairo Port District; for general purposes.
10(70 ILCS 1805/8); Havana Regional Port District Act; Havana
11    Regional Port District; for general purposes.
12(70 ILCS 1810/7); Illinois International Port District Act;
13    Illinois International Port District; for general
14    purposes.
15(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
16    Illinois Valley Regional Port District; for general
17    purposes.
18(70 ILCS 1820/4); Jackson-Union Counties Regional Port
19    District Act; Jackson-Union Counties Regional Port
20    District; for removal of airport hazards or reduction of
21    the height of objects or structures.
22(70 ILCS 1820/5); Jackson-Union Counties Regional Port
23    District Act; Jackson-Union Counties Regional Port
24    District; for general purposes.
25(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
26    Regional Port District; for removal of airport hazards.

 

 

HB5823- 519 -LRB103 40434 AWJ 72767 b

1(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
2    Regional Port District; for reduction of the height of
3    objects or structures.
4(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
5    Regional Port District; for removal of hazards from ports
6    and terminals.
7(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
8    Regional Port District; for general purposes.
9(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
10    Kaskaskia Regional Port District; for removal of hazards
11    from ports and terminals.
12(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
13    Kaskaskia Regional Port District; for general purposes.
14(70 ILCS 1831/30); Massac-Metropolis Port District Act;
15    Massac-Metropolis Port District; for general purposes.
16(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;
17    Mt. Carmel Regional Port District; for removal of airport
18    hazards.
19(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act;
20    Mt. Carmel Regional Port District; for reduction of the
21    height of objects or structures.
22(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.
23    Carmel Regional Port District; for general purposes.
24(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
25    District; for general purposes.
26(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca

 

 

HB5823- 520 -LRB103 40434 AWJ 72767 b

1    Regional Port District; for removal of airport hazards.
2(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
3    Regional Port District; for reduction of the height of
4    objects or structures.
5(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
6    Regional Port District; for general purposes.
7(70 ILCS 1850/4); Shawneetown Regional Port District Act;
8    Shawneetown Regional Port District; for removal of airport
9    hazards or reduction of the height of objects or
10    structures.
11(70 ILCS 1850/5); Shawneetown Regional Port District Act;
12    Shawneetown Regional Port District; for general purposes.
13(70 ILCS 1855/4); Southwest Regional Port District Act;
14    Southwest Regional Port District; for removal of airport
15    hazards or reduction of the height of objects or
16    structures.
17(70 ILCS 1855/5); Southwest Regional Port District Act;
18    Southwest Regional Port District; for general purposes.
19(70 ILCS 1860/4); Tri-City Regional Port District Act;
20    Tri-City Regional Port District; for removal of airport
21    hazards.
22(70 ILCS 1860/5); Tri-City Regional Port District Act;
23    Tri-City Regional Port District; for the development of
24    facilities.
25(70 ILCS 1863/11); Upper Mississippi River International Port
26    District Act; Upper Mississippi River International Port

 

 

HB5823- 521 -LRB103 40434 AWJ 72767 b

1    District; for general purposes.
2(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
3    District; for removal of airport hazards.
4(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
5    District; for restricting the height of objects or
6    structures.
7(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
8    District; for the development of facilities.
9(70 ILCS 1870/8); White County Port District Act; White County
10    Port District; for the development of facilities.
11(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
12    Terminal Authority (Chicago); for general purposes.
13(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
14    Act; Grand Avenue Railroad Relocation Authority; for
15    general purposes, including quick-take power (now
16    obsolete).
17(70 ILCS 1935/25); Elmwood Park Grade Separation Authority
18    Act; Elmwood Park Grade Separation Authority; for general
19    purposes.
20(70 ILCS 2105/9b); River Conservancy Districts Act; river
21    conservancy districts; for general purposes.
22(70 ILCS 2105/10a); River Conservancy Districts Act; river
23    conservancy districts; for corporate purposes.
24(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
25    districts; for corporate purposes.
26(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary

 

 

HB5823- 522 -LRB103 40434 AWJ 72767 b

1    districts; for improvements and works.
2(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
3    districts; for access to property.
4(70 ILCS 2305/8); North Shore Water Reclamation District Act;
5    North Shore Water Reclamation District; for corporate
6    purposes.
7(70 ILCS 2305/15); North Shore Water Reclamation District Act;
8    North Shore Water Reclamation District; for improvements.
9(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
10    District of Decatur; for carrying out agreements to sell,
11    convey, or disburse treated wastewater to a private
12    entity.
13(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
14    districts; for corporate purposes.
15(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
16    districts; for improvements.
17(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
18    1917; sanitary districts; for waterworks.
19(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
20    districts; for public sewer and water utility treatment
21    works.
22(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
23    districts; for dams or other structures to regulate water
24    flow.
25(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
26    Metropolitan Water Reclamation District; for corporate

 

 

HB5823- 523 -LRB103 40434 AWJ 72767 b

1    purposes.
2(70 ILCS 2605/16); Metropolitan Water Reclamation District
3    Act; Metropolitan Water Reclamation District; quick-take
4    power for improvements.
5(70 ILCS 2605/17); Metropolitan Water Reclamation District
6    Act; Metropolitan Water Reclamation District; for bridges.
7(70 ILCS 2605/35); Metropolitan Water Reclamation District
8    Act; Metropolitan Water Reclamation District; for widening
9    and deepening a navigable stream.
10(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
11    districts; for corporate purposes.
12(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
13    districts; for improvements.
14(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of
15    1936; sanitary districts; for drainage systems.
16(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
17    districts; for dams or other structures to regulate water
18    flow.
19(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
20    districts; for water supply.
21(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
22    districts; for waterworks.
23(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
24    Metro-East Sanitary District; for corporate purposes.
25(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
26    Metro-East Sanitary District; for access to property.

 

 

HB5823- 524 -LRB103 40434 AWJ 72767 b

1(70 ILCS 3010/10); Sanitary District Revenue Bond Act;
2    sanitary districts; for sewerage systems.
3(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
4    Illinois Sports Facilities Authority; quick-take power for
5    its corporate purposes (obsolete).
6(70 ILCS 3405/16); Surface Water Protection District Act;
7    surface water protection districts; for corporate
8    purposes.
9    (70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
10    Transit Authority; for transportation systems.
11    (70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
12    Transit Authority; for general purposes.
13    (70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
14    Transit Authority; for general purposes, including
15    railroad property.
16(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
17    local mass transit districts; for general purposes.
18    (70 ILCS 3615/2.13); Regional Transportation Authority Act;
19    Regional Transportation Authority; for general purposes.
20(70 ILCS 3705/8 and 3705/12); Public Water District Act;
21    public water districts; for waterworks.
22(70 ILCS 3705/23a); Public Water District Act; public water
23    districts; for sewerage properties.
24(70 ILCS 3705/23e); Public Water District Act; public water
25    districts; for combined waterworks and sewerage systems.
26(70 ILCS 3715/6); Water Authorities Act; water authorities;

 

 

HB5823- 525 -LRB103 40434 AWJ 72767 b

1    for facilities to ensure adequate water supply.
2(70 ILCS 3715/27); Water Authorities Act; water authorities;
3    for access to property.
4(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
5    trustees; for library buildings.
6(75 ILCS 16/30-55.80); Public Library District Act of 1991;
7    public library districts; for general purposes.
8(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
9    authorities of city or park district, or board of park
10    commissioners; for free public library buildings.
11(Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff.
127-16-14; 99-669, eff. 7-29-16.)
 
13    (735 ILCS 30/15-5-49 new)
14    Sec. 15-5-49. Eminent domain powers in new Acts. The
15following provisions of law may include express grants of the
16power to acquire property by condemnation or eminent domain:
 
17    Metropolitan Mobility Authority Act; Metropolitan Mobility
18    Authority; for general purposes.
 
19    Section 8.45. The Local Governmental and Governmental
20Employees Tort Immunity Act is amended by changing Section
212-101 as follows:
 
22    (745 ILCS 10/2-101)  (from Ch. 85, par. 2-101)

 

 

HB5823- 526 -LRB103 40434 AWJ 72767 b

1    Sec. 2-101. Nothing in this Act affects the right to
2obtain relief other than damages against a local public entity
3or public employee. Nothing in this Act affects the liability,
4if any, of a local public entity or public employee, based on:
5    a contract;
6    b operation as a common carrier; and this Act does not
7apply to any entity organized under or subject to the
8Metropolitan Mobility "Metropolitan Transit Authority Act",
9approved April 12, 1945, as amended;
10    c The "Workers' Compensation Act", approved July 9, 1951,
11as heretofore or hereafter amended;
12    d The "Workers' Occupational Diseases Act", approved July
139, 1951, as heretofore or hereafter amended;
14    e Section 1-4-7 of the "Illinois Municipal Code", approved
15May 29, 1961, as heretofore or hereafter amended.
16    f The "Illinois Uniform Conviction Information Act",
17enacted by the 85th General Assembly, as heretofore or
18hereafter amended.
19(Source: P.A. 85-922.)
 
20    Section 8.46. The Illinois Wage Payment and Collection Act
21is amended by changing Section 9 as follows:
 
22    (820 ILCS 115/9)  (from Ch. 48, par. 39m-9)
23    Sec. 9. Except as hereinafter provided, deductions by
24employers from wages or final compensation are prohibited

 

 

HB5823- 527 -LRB103 40434 AWJ 72767 b

1unless such deductions are (1) required by law; (2) to the
2benefit of the employee; (3) in response to a valid wage
3assignment or wage deduction order; (4) made with the express
4written consent of the employee, given freely at the time the
5deduction is made; (5) made by a municipality with a
6population of 500,000 or more, a county with a population of
73,000,000 or more, a community college district in a city with
8a population of 500,000 or more, a housing authority in a
9municipality with a population of 500,000 or more, the Chicago
10Park District, the Metropolitan Mobility Metropolitan Transit
11Authority, the Chicago Board of Education, the Cook County
12Forest Preserve District, or the Metropolitan Water
13Reclamation District to pay a debt owed by the employee to a
14municipality with a population of 500,000 or more, a county
15with a population of 3,000,000 or more, the Cook County Forest
16Preserve, the Chicago Park District, the Metropolitan Water
17Reclamation District, the Chicago Transit Authority, the
18Chicago Board of Education, or a housing authority of a
19municipality with a population of 500,000 or more; provided,
20however, that the amount deducted from any one salary or wage
21payment shall not exceed 25% of the net amount of the payment;
22or (6) made by a housing authority in a municipality with a
23population of 500,000 or more or a municipality with a
24population of 500,000 or more to pay a debt owed by the
25employee to a housing authority in a municipality with a
26population of 500,000 or more; provided, however, that the

 

 

HB5823- 528 -LRB103 40434 AWJ 72767 b

1amount deducted from any one salary or wage payment shall not
2exceed 25% of the net amount of the payment. Before the
3municipality with a population of 500,000 or more, the
4community college district in a city with a population of
5500,000 or more, the Chicago Park District, the Metropolitan
6Mobility Metropolitan Transit Authority, a housing authority
7in a municipality with a population of 500,000 or more, the
8Chicago Board of Education, the county with a population of
93,000,000 or more, the Cook County Forest Preserve District,
10or the Metropolitan Water Reclamation District deducts any
11amount from any salary or wage of an employee to pay a debt
12owed to a municipality with a population of 500,000 or more, a
13county with a population of 3,000,000 or more, the Cook County
14Forest Preserve District, the Chicago Park District, the
15Metropolitan Water Reclamation District, the Chicago Transit
16Authority, the Chicago Board of Education, or a housing
17authority of a municipality with a population of 500,000 or
18more under this Section, the municipality, the county, the
19Cook County Forest Preserve District, the Chicago Park
20District, the Metropolitan Water Reclamation District, the
21Chicago Transit Authority, the Chicago Board of Education, or
22a housing authority of a municipality with a population of
23500,000 or more shall certify that (i) the employee has been
24afforded an opportunity for a hearing to dispute the debt that
25is due and owing the municipality, the county, the Cook County
26Forest Preserve District, the Chicago Park District, the

 

 

HB5823- 529 -LRB103 40434 AWJ 72767 b

1Metropolitan Water Reclamation District, the Chicago Transit
2Authority, the Chicago Board of Education, or a housing
3authority of a municipality with a population of 500,000 or
4more and (ii) the employee has received notice of a wage
5deduction order and has been afforded an opportunity for a
6hearing to object to the order. Before a housing authority in a
7municipality with a population of 500,000 or more or a
8municipality with a population of 500,000 or more, a county
9with a population of 3,000,000 or more, the Cook County Forest
10Preserve District, the Chicago Park District, the Metropolitan
11Water Reclamation District, the Chicago Transit Authority, the
12Chicago Board of Education, or a housing authority of a
13municipality with a population of 500,000 or more deducts any
14amount from any salary or wage of an employee to pay a debt
15owed to a housing authority in a municipality with a
16population of 500,000 or more under this Section, the housing
17authority shall certify that (i) the employee has been
18afforded an opportunity for a hearing to dispute the debt that
19is due and owing the housing authority and (ii) the employee
20has received notice of a wage deduction order and has been
21afforded an opportunity for a hearing to object to the order.
22For purposes of this Section, "net amount" means that part of
23the salary or wage payment remaining after the deduction of
24any amounts required by law to be deducted and "debt due and
25owing" means (i) a specified sum of money owed to the
26municipality, county, the Cook County Forest Preserve

 

 

HB5823- 530 -LRB103 40434 AWJ 72767 b

1District, the Chicago Park District, the Metropolitan Water
2Reclamation District, the Chicago Transit Authority, the
3Chicago Board of Education, or housing authority for services,
4work, or goods, after the period granted for payment has
5expired, or (ii) a specified sum of money owed to the
6municipality, county, the Cook County Forest Preserve
7District, the Chicago Park District, the Metropolitan Water
8Reclamation District, the Chicago Transit Authority, the
9Chicago Board of Education or housing authority pursuant to a
10court order or order of an administrative hearing officer
11after the exhaustion of, or the failure to exhaust, judicial
12review; (7) the result of an excess payment made due to, but
13not limited to, a typographical or mathematical error made by
14a municipality with a population of less than 500,000 or to
15collect a debt owed to a municipality with a population of less
16than 500,000 after notice to the employee and an opportunity
17to be heard; provided, however, that the amount deducted from
18any one salary or wage payment shall not exceed 15% of the net
19amount of the payment. Before the municipality deducts any
20amount from any salary or wage of an employee to pay a debt
21owed to the municipality, the municipality shall certify that
22(i) the employee has been afforded an opportunity for a
23hearing, conducted by the municipality, to dispute the debt
24that is due and owing the municipality, and (ii) the employee
25has received notice of a wage deduction order and has been
26afforded an opportunity for a hearing, conducted by the

 

 

HB5823- 531 -LRB103 40434 AWJ 72767 b

1municipality, to object to the order. For purposes of this
2Section, "net amount" means that part of the salary or wage
3payment remaining after the deduction of any amounts required
4by law to be deducted and "debt due and owing" means (i) a
5specified sum of money owed to the municipality for services,
6work, or goods, after the period granted for payment has
7expired, or (ii) a specified sum of money owed to the
8municipality pursuant to a court order or order of an
9administrative hearing officer after the exhaustion of, or the
10failure to exhaust, judicial review. Where the legitimacy of
11any deduction from wages is in dispute, the amount in question
12may be withheld if the employer notifies the Department of
13Labor on the date the payment is due in writing of the amount
14that is being withheld and stating the reasons for which the
15payment is withheld. Upon such notification the Department of
16Labor shall conduct an investigation and render a judgment as
17promptly as possible, and shall complete such investigation
18within 30 days of receipt of the notification by the employer
19that wages have been withheld. The employer shall pay the
20wages due upon order of the Department of Labor within 15
21calendar days of issuance of a judgment on the dispute.
22    The Department shall establish rules to protect the
23interests of both parties in cases of disputed deductions from
24wages. Such rules shall include reasonable limitations on the
25amount of deductions beyond those required by law which may be
26made during any pay period by any employer.

 

 

HB5823- 532 -LRB103 40434 AWJ 72767 b

1    In case of a dispute over wages, the employer shall pay,
2without condition and within the time set by this Act, all
3wages or parts thereof, conceded by him to be due, leaving to
4the employee all remedies to which he may otherwise be
5entitled as to any balance claimed. The acceptance by an
6employee of a disputed paycheck shall not constitute a release
7as to the balance of his claim and any release or restrictive
8endorsement required by an employer as a condition to payment
9shall be a violation of this Act and shall be void.
10(Source: P.A. 97-120, eff. 1-1-12.)
 
11    Section 8.47. The Transportation Benefits Program Act is
12amended by changing Sections 5, 10, and 15 as follows:
 
13    (820 ILCS 63/5)
14    Sec. 5. Definitions. As used in this Act:
15    "Covered employee" means any person who performs an
16average of at least 35 hours of work per week for compensation
17on a full-time basis.
18    "Covered employer" means any individual, partnership,
19association, corporation, limited liability company,
20government, non-profit organization, or business trust that
21directly or indirectly, or through an agent or any other
22person, employs or exercises control over wages, hours, or
23working conditions of an employee, and that:
24        (1) is located in: Cook County; Warren Township in

 

 

HB5823- 533 -LRB103 40434 AWJ 72767 b

1    Lake County; Grant Township in Lake County; Frankfort
2    Township in Will County; Wheatland Township in Will
3    County; Addison Township; Bloomingdale Township; York
4    Township; Milton Township; Winfield Township; Downers
5    Grove Township; Lisle Township; Naperville Township;
6    Dundee Township; Elgin Township; St. Charles Township;
7    Geneva Township; Batavia Township; Aurora Township; Zion
8    Township; Benton Township; Waukegan Township; Avon
9    Township; Libertyville Township; Shields Township; Vernon
10    Township; West Deerfield Township; Deerfield Township;
11    McHenry Township; Nunda Township; Algonquin Township;
12    DuPage Township; Homer Township; Lockport Township;
13    Plainfield Township; New Lenox Township; Joliet Township;
14    or Troy Township; and
15        (2) employs 50 or more covered employees in a
16    geographic area specified in paragraph (1) at an address
17    that is located within one mile of fixed-route transit
18    service.
19    "Public transit" means any transportation system within
20the authority and jurisdiction of the Metropolitan Mobility
21Regional Transportation Authority.
22    "Transit pass" means any pass, token, fare card, voucher,
23or similar item entitling a person to transportation on public
24transit.
25(Source: P.A. 103-291, eff. 1-1-24.)
 

 

 

HB5823- 534 -LRB103 40434 AWJ 72767 b

1    (820 ILCS 63/10)
2    Sec. 10. Transportation benefits program. All covered
3employers shall provide a pre-tax commuter benefit to covered
4employees. The pre-tax commuter benefit shall allow employees
5to use pre-tax dollars for the purchase of a transit pass, via
6payroll deduction, such that the costs for such purchases may
7be excluded from the employee's taxable wages and compensation
8up to the maximum amount permitted by federal tax law,
9consistent with 26 U.S.C. 132(f) and the rules and regulations
10promulgated thereunder. A covered employer may comply with
11this Section by participating in a program offered by the
12Metropolitan Mobility Chicago Transit Authority or the
13Regional Transportation Authority.
14    This benefit must be offered to all employees starting on
15the employees' first full pay period after 120 days of
16employment. All transit agencies shall market the existence of
17this program and this Act to their riders in order to inform
18affected employees and their employers.
19(Source: P.A. 103-291, eff. 1-1-24.)
 
20    (820 ILCS 63/15)
21    Sec. 15. Regional Transit Authority map. The Metropolitan
22Mobility Regional Transportation Authority shall make publicly
23available a searchable map of addresses that are located
24within one mile of fixed-route transit service.
25(Source: P.A. 103-291, eff. 1-1-24.)
 

 

 

HB5823- 535 -LRB103 40434 AWJ 72767 b

1    Section 8.48. No acceleration or delay. Where this Act
2makes changes in a statute that is represented in this Act by
3text that is not yet or no longer in effect (for example, a
4Section represented by multiple versions), the use of that
5text does not accelerate or delay the taking effect of (i) the
6changes made by this Act or (ii) provisions derived from any
7other Public Act.

 

 

HB5823- 536 -LRB103 40434 AWJ 72767 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 120/2from Ch. 102, par. 42
5    5 ILCS 140/7.5
6    5 ILCS 225/2from Ch. 111 2/3, par. 602
7    5 ILCS 315/5from Ch. 48, par. 1605
8    5 ILCS 315/15from Ch. 48, par. 1615
9    5 ILCS 375/2.5
10    5 ILCS 430/1-5
11    5 ILCS 430/20-5
12    5 ILCS 430/20-10
13    5 ILCS 430/Art. 75 heading
14    5 ILCS 430/75-5
15    5 ILCS 430/75-10
16    20 ILCS 105/4.15
17    20 ILCS 2310/2310-55.5
18    20 ILCS 2605/2605-340 rep.
19    20 ILCS 2705/2705-203
20    20 ILCS 2705/2705-300was 20 ILCS 2705/49.18
21    20 ILCS 2705/2705-305
22    20 ILCS 2705/2705-310
23    20 ILCS 2705/2705-315was 20 ILCS 2705/49.19b
24    20 ILCS 2705/2705-440was 20 ILCS 2705/49.25h
25    20 ILCS 2705/2705-594 new

 

 

HB5823- 537 -LRB103 40434 AWJ 72767 b

1    20 ILCS 3501/820-50
2    30 ILCS 5/3-1from Ch. 15, par. 303-1
3    30 ILCS 5/3-2.3 rep.
4    30 ILCS 105/5.277from Ch. 127, par. 141.277
5    30 ILCS 105/5.918
6    30 ILCS 105/5.1015 new
7    30 ILCS 105/5.1016 new
8    30 ILCS 105/6z-17from Ch. 127, par. 142z-17
9    30 ILCS 105/6z-20from Ch. 127, par. 142z-20
10    30 ILCS 105/6z-27
11    30 ILCS 105/6z-109
12    30 ILCS 105/8.3
13    30 ILCS 105/8.25g
14    30 ILCS 230/2afrom Ch. 127, par. 172
15    30 ILCS 415/2from Ch. 127, par. 702
16    30 ILCS 740/2-2.02from Ch. 111 2/3, par. 662.02
17    30 ILCS 740/3-1.02from Ch. 111 2/3, par. 683
18    30 ILCS 740/4-1.7from Ch. 111 2/3, par. 699.7
19    30 ILCS 805/8.47
20    35 ILCS 105/2bfrom Ch. 120, par. 439.2b
21    35 ILCS 105/22from Ch. 120, par. 439.22
22    35 ILCS 110/20from Ch. 120, par. 439.50
23    35 ILCS 115/20from Ch. 120, par. 439.120
24    35 ILCS 120/6from Ch. 120, par. 445
25    35 ILCS 165/10
26    35 ILCS 171/2

 

 

HB5823- 538 -LRB103 40434 AWJ 72767 b

1    35 ILCS 200/15-100
2    35 ILCS 505/8b
3    35 ILCS 815/1from Ch. 121 1/2, par. 911
4    40 ILCS 5/8-230.1from Ch. 108 1/2, par. 8-230.1
5    40 ILCS 5/11-221.1from Ch. 108 1/2, par. 11-221.1
6    40 ILCS 5/18-112from Ch. 108 1/2, par. 18-112
7    40 ILCS 5/22-101from Ch. 108 1/2, par. 22-101
8    40 ILCS 5/22-101B
9    40 ILCS 5/22-103
10    40 ILCS 5/22-105
11    50 ILCS 330/2from Ch. 85, par. 802
12    55 ILCS 5/6-34000
13    65 ILCS 5/11-1-11from Ch. 24, par. 11-1-11
14    65 ILCS 5/11-74.4-3from Ch. 24, par. 11-74.4-3
15    65 ILCS 5/Art. 11 Div.
16    122.2 heading
17    65 ILCS 5/11-122.2-1from Ch. 24, par. 11-122.2-1
18    70 ILCS 1707/10
19    70 ILCS 3605/Act rep.
20    70 ILCS 3610/3.1from Ch. 111 2/3, par. 353.1
21    70 ILCS 3610/5.05from Ch. 111 2/3, par. 355.05
22    70 ILCS 3610/8.5from Ch. 111 2/3, par. 358.5
23    70 ILCS 3615/Act rep.
24    70 ILCS 3720/4from Ch. 111 2/3, par. 254
25    105 ILCS 5/29-5from Ch. 122, par. 29-5
26    105 ILCS 5/34-4from Ch. 122, par. 34-4

 

 

HB5823- 539 -LRB103 40434 AWJ 72767 b

1    220 ILCS 5/4-302from Ch. 111 2/3, par. 4-302
2    410 ILCS 55/2from Ch. 111 1/2, par. 4202
3    605 ILCS 5/5-701.8from Ch. 121, par. 5-701.8
4    605 ILCS 5/6-411.5
5    605 ILCS 5/7-202.14from Ch. 121, par. 7-202.14
6    605 ILCS 10/3from Ch. 121, par. 100-3
7    605 ILCS 10/19from Ch. 121, par. 100-19
8    620 ILCS 5/49.1from Ch. 15 1/2, par. 22.49a
9    625 ILCS 5/1-209.3
10    625 ILCS 5/8-102from Ch. 95 1/2, par. 8-102
11    625 ILCS 5/11-709.2
12    625 ILCS 5/18c-7402from Ch. 95 1/2, par. 18c-7402
13    720 ILCS 5/21-5from Ch. 38, par. 21-5
14    735 ILCS 30/15-5-15
15    735 ILCS 30/15-5-49 new
16    745 ILCS 10/2-101from Ch. 85, par. 2-101
17    820 ILCS 115/9from Ch. 48, par. 39m-9
18    820 ILCS 63/5
19    820 ILCS 63/10
20    820 ILCS 63/15