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1 | AN ACT concerning transportation. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Article I. METROPOLITAN MOBILITY AUTHORITY | |||||||||||||||||||
5 | Section 1.01. Short title; references to Act. | |||||||||||||||||||
6 | (a) Short title. Articles I through VI of this Act may be | |||||||||||||||||||
7 | cited as the Metropolitan Mobility Authority Act. References | |||||||||||||||||||
8 | to "this Act" in Articles I through VI of this Act mean | |||||||||||||||||||
9 | Articles I through VI of this Act. | |||||||||||||||||||
10 | (b) References to Act. This Act, including both the new | |||||||||||||||||||
11 | and amendatory provisions, may be referred to as Clean and | |||||||||||||||||||
12 | Equitable Transportation Act. | |||||||||||||||||||
13 | Section 1.02. Legislative findings and purpose. | |||||||||||||||||||
14 | (a) The General Assembly finds: | |||||||||||||||||||
15 | (1) Section 7 of Article XIII of the Illinois | |||||||||||||||||||
16 | Constitution provides that public transportation is an | |||||||||||||||||||
17 | essential public purpose for which public funds may be | |||||||||||||||||||
18 | expended, and it also authorizes the State to provide | |||||||||||||||||||
19 | financial assistance to units of local government for | |||||||||||||||||||
20 | distribution to providers of public transportation. | |||||||||||||||||||
21 | (2) There is an urgent need to reform and continue a | |||||||||||||||||||
22 | unit of local government to ensure the proper management |
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1 | and operation of public transportation, to receive and | ||||||
2 | distribute State or federal operating assistance, and to | ||||||
3 | raise and distribute revenues for local operating | ||||||
4 | assistance. System generated revenues are not adequate for | ||||||
5 | such service and a public need exists to provide for, aid, | ||||||
6 | and assist public transportation in the metropolitan | ||||||
7 | region, consisting of Cook, DuPage, Kane, Lake, McHenry, | ||||||
8 | and Will counties. | ||||||
9 | (3) Comprehensive and coordinated regional public | ||||||
10 | transportation is essential to public health, safety, and | ||||||
11 | welfare. It is essential to ensuring economic well-being, | ||||||
12 | addressing the climate crisis, providing affordable | ||||||
13 | transportation options for residents at all income levels, | ||||||
14 | conserving sources of energy and land for open space, | ||||||
15 | reducing traffic congestion, and providing for and | ||||||
16 | maintaining a healthful environment for the benefit of | ||||||
17 | present and future generations in the metropolitan region. | ||||||
18 | Public transportation decreases air pollution and other | ||||||
19 | environmental hazards as well as the tragic loss of life | ||||||
20 | from crashes and allows for more efficient land use and | ||||||
21 | planning. | ||||||
22 | (4) Public transportation advances equity and equal | ||||||
23 | opportunity by improving the mobility of the public and | ||||||
24 | providing more people with greater access to jobs, | ||||||
25 | commercial businesses, schools, medical facilities, and | ||||||
26 | cultural attractions. |
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1 | (5) Public transportation in the metropolitan region | ||||||
2 | is being threatened by grave financial conditions. With | ||||||
3 | existing methods of financing, coordination, structure, | ||||||
4 | and management, the public transportation system is not | ||||||
5 | providing adequate service to ensure the public health, | ||||||
6 | safety, and welfare. | ||||||
7 | (6) The COVID-19 pandemic caused unprecedented | ||||||
8 | disruption in public transportation ridership and | ||||||
9 | operations from which the service providers have yet to | ||||||
10 | fully recover and the pandemic-related federal funding | ||||||
11 | support for public transportation operations has expired. | ||||||
12 | Although ridership levels continue to improve from the | ||||||
13 | lowest levels observed during the pandemic, net ridership | ||||||
14 | levels have not recovered to pre-pandemic levels. | ||||||
15 | Furthermore, the system experienced persistent losses in | ||||||
16 | ridership, service quality, and financial stability for | ||||||
17 | many years before the pandemic. These systemic issues, | ||||||
18 | combined with the changes in passenger behaviors, | ||||||
19 | experiences, and commuting patterns experienced since the | ||||||
20 | pandemic, create conditions untenable to a sustainable and | ||||||
21 | thriving public transportation system. | ||||||
22 | (7) Additional commitments to the public | ||||||
23 | transportation needs of persons with disabilities, the | ||||||
24 | economically disadvantaged, and the elderly are necessary. | ||||||
25 | (8) To solve these problems, it is necessary to | ||||||
26 | provide for the creation of a regional transportation |
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1 | authority with the powers necessary to ensure adequate | ||||||
2 | public transportation and a board of directors that has | ||||||
3 | the diverse experience, expertise, and background to | ||||||
4 | effectively oversee the public transportation system. | ||||||
5 | (9) A substantial or total loss of public | ||||||
6 | transportation services or any segment of public | ||||||
7 | transportation services would create an emergency | ||||||
8 | threatening the safety and well-being of the people in the | ||||||
9 | metropolitan region. | ||||||
10 | (10) To meet the urgent needs of the people of the | ||||||
11 | metropolitan region, avoid a transportation emergency, and | ||||||
12 | provide financially sound methods of managing the | ||||||
13 | provision of public transportation services in the | ||||||
14 | metropolitan region, it is necessary to create one truly | ||||||
15 | integrated regional transit system instead of 3 separate | ||||||
16 | transit systems by combining the existing Service Boards | ||||||
17 | and Regional Transportation Authority into one agency. | ||||||
18 | (11) The economic vitality of Illinois requires | ||||||
19 | regionwide and systemwide efforts to increase ridership on | ||||||
20 | the transit systems, improve roadway operations within the | ||||||
21 | metropolitan region, and allocate resources for | ||||||
22 | transportation so as to assist in the development of an | ||||||
23 | adequate, efficient, equitable, and coordinated regional | ||||||
24 | public transportation system that is in a state of good | ||||||
25 | repair. | ||||||
26 | (b) It is the purpose of this Act to provide for, aid, and |
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1 | assist public transportation in the metropolitan region | ||||||
2 | without impairing the overall quality of existing public | ||||||
3 | transportation by providing for the creation of a single | ||||||
4 | authority responsive to the people and elected officials of | ||||||
5 | the area and with the power and competence to operate the | ||||||
6 | regional transportation system, develop, implement, and | ||||||
7 | enforce plans that promote adequate, efficient, equitable, and | ||||||
8 | coordinated public transportation, provide responsible | ||||||
9 | financial stewardship of the public transportation system in | ||||||
10 | the metropolitan region, and facilitate the delivery of public | ||||||
11 | transportation that is attractive and safe to passengers and | ||||||
12 | employees, comprehensive and coordinated among its various | ||||||
13 | elements, economic and efficient, and coordinated among local, | ||||||
14 | regional, and State programs, plans, and projects. | ||||||
15 | Section 1.03. Definitions. As used in this Act: | ||||||
16 | "Authority" means the Metropolitan Mobility Authority, the | ||||||
17 | successor to the Regional Transportation Authority and the | ||||||
18 | Chicago Transit Authority. | ||||||
19 | "Board" means the Board of Directors of the Metropolitan | ||||||
20 | Mobility Authority. | ||||||
21 | "Consolidated entities" means the Chicago Transit | ||||||
22 | Authority, the Commuter Rail Division and the Suburban Bus | ||||||
23 | Division of the Regional Transportation Authority, the | ||||||
24 | Regional Transportation Authority, and all of their | ||||||
25 | subsidiaries and affiliates. |
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1 | "Construct or acquire" means to plan, design, construct, | ||||||
2 | reconstruct, improve, modify, extend, landscape, expand, or | ||||||
3 | acquire. | ||||||
4 | "Fare capping" means the action of no longer charging a | ||||||
5 | rider for any additional fares for the duration of a daily, | ||||||
6 | weekly, monthly, or 30-day pass once the rider has purchased | ||||||
7 | enough regular one-way fares to reach the cost of the | ||||||
8 | applicable pass. | ||||||
9 | "Metropolitan region" means all territory included within | ||||||
10 | the territory of the Authority as provided in this Act, and | ||||||
11 | such territory as may be annexed to the Authority. | ||||||
12 | "Municipality", "county", and "unit of local government" | ||||||
13 | have the meanings given to those terms in Section 1 of Article | ||||||
14 | VII of the Illinois Constitution. | ||||||
15 | "Operate" means operate, maintain, administer, repair, | ||||||
16 | promote, and any other acts necessary or proper with regard to | ||||||
17 | such matters. | ||||||
18 | "Operating Division" means the Suburban Bus, Commuter | ||||||
19 | Rail, and Chicago Transit Operating Divisions and any public | ||||||
20 | transportation operating division formed by the Authority | ||||||
21 | after the effective date of this Act. | ||||||
22 | "Public transportation" means the transportation or | ||||||
23 | conveyance of persons within the metropolitan region by means | ||||||
24 | available to the general public, including groups of the | ||||||
25 | general public with special needs. "Public transportation" | ||||||
26 | does not include transportation by automobiles not used for |
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1 | conveyance of the general public as passengers. | ||||||
2 | "Public transportation facility" means the equipment or | ||||||
3 | property, real or personal, or rights therein, useful or | ||||||
4 | necessary for providing, maintaining or administering public | ||||||
5 | transportation within the metropolitan region or otherwise | ||||||
6 | useful for carrying out or meeting the purposes or powers of | ||||||
7 | the Authority. Except as otherwise provided by this Act, | ||||||
8 | "public transportation facility" does not include a road, | ||||||
9 | street, highway, bridge, toll highway, or toll bridge for | ||||||
10 | general public use. | ||||||
11 | "Regional rail" means a commuter rail service pattern that | ||||||
12 | emphasizes more frequent off-peak service, simplified | ||||||
13 | schedules, and non-downtown trips. "Regional rail" may include | ||||||
14 | other elements, such as running trains through downtown | ||||||
15 | stations. | ||||||
16 | "Service Boards" means the boards of the Commuter Rail | ||||||
17 | Division, the Suburban Bus Division, and the Chicago Transit | ||||||
18 | Authority of the former Regional Transportation Authority. | ||||||
19 | "Service Standards" means quantitative and qualitative | ||||||
20 | attributes of public transit service as well as its | ||||||
21 | appropriate level of service to be provided across the | ||||||
22 | metropolitan region. | ||||||
23 | "Transportation agency" means any individual, firm, | ||||||
24 | partnership, corporation, association, body politic, municipal | ||||||
25 | corporation, public authority, unit of local government, or | ||||||
26 | other person, other than the Authority and the Operating |
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1 | Divisions, that provides public transportation in the | ||||||
2 | metropolitan region. | ||||||
3 | Article II. CREATION AND ORGANIZATION | ||||||
4 | Section 2.01. Establishment of the Authority. The | ||||||
5 | Metropolitan Mobility Authority is established upon the | ||||||
6 | effective date of this Act. The Authority is a unit of local | ||||||
7 | government, body politic, political subdivision, and municipal | ||||||
8 | corporation. | ||||||
9 | Section 2.02. Territory and annexation. | ||||||
10 | (a) The initial territory of the Authority is Cook, | ||||||
11 | DuPage, Kane, Lake, McHenry, and Will counties. Any other | ||||||
12 | county or portion thereof in Illinois contiguous to the | ||||||
13 | metropolitan region may be annexed to the Authority on such | ||||||
14 | conditions as the Authority shall by ordinance prescribe, by | ||||||
15 | ordinance adopted by the county board of such county, and by | ||||||
16 | approval by the Authority. Upon such annexation, a certificate | ||||||
17 | of such action shall be filed by the Secretary of the Authority | ||||||
18 | with the county clerk of the county so annexing to the | ||||||
19 | Authority and with the Secretary of State and the Department | ||||||
20 | of Revenue. | ||||||
21 | (b) No area may be annexed to the Authority except upon the | ||||||
22 | approval of a majority of the electors of such area voting on | ||||||
23 | the proposition so to annex, which proposition may be |
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1 | presented at any regular election as provided by the county | ||||||
2 | board or boards of the county or counties in which the area in | ||||||
3 | question is located. Such county board or boards shall cause | ||||||
4 | certification of such proposition to be given in accordance | ||||||
5 | with the general election law to the proper election officers, | ||||||
6 | who shall submit the proposition at an election in accordance | ||||||
7 | with the general election law. | ||||||
8 | Section 2.03. Extraterritorial authority. To provide or | ||||||
9 | assist any transportation of members of the general public | ||||||
10 | between points in the metropolitan region and points outside | ||||||
11 | the metropolitan region, whether in this State, Wisconsin, or | ||||||
12 | Indiana, the Authority may enter into agreements with any unit | ||||||
13 | of local government, individual, corporation, or other person | ||||||
14 | or public agency in or of any such state or any private entity | ||||||
15 | for such service. Such agreements may provide for | ||||||
16 | participation by the Authority in providing such service and | ||||||
17 | for grants by the Authority in connection with any such | ||||||
18 | service, and may, subject to federal and State law, set forth | ||||||
19 | any terms relating to such service, including coordinating | ||||||
20 | such service with public transportation in the metropolitan | ||||||
21 | region. Such agreement may be for such number of years or | ||||||
22 | duration as the parties may agree. In regard to any such | ||||||
23 | agreements or grants, the Authority shall consider the benefit | ||||||
24 | to the metropolitan region and the financial contribution with | ||||||
25 | regard to such service made or to be made from public funds in |
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1 | such areas served outside the metropolitan region. | ||||||
2 | Section 2.04. Board of Directors. | ||||||
3 | (a) The corporate authorities and governing body of the | ||||||
4 | Authority shall be a Board consisting of voting Directors and | ||||||
5 | nonvoting Directors appointed as follows: | ||||||
6 | (1) 3 Directors appointed by the Governor with the | ||||||
7 | advice and consent of the Senate; | ||||||
8 | (2) 5 Directors appointed by the Mayor of the City of | ||||||
9 | Chicago with the advice and consent of the City Council of | ||||||
10 | the City of Chicago, one of whom shall be the Commissioner | ||||||
11 | of the Mayor's Office for People with Disabilities; | ||||||
12 | (3) 5 Directors appointed by the President of the Cook | ||||||
13 | County Board of Commissioners with the advice and consent | ||||||
14 | of the members of the Cook County Board of Commissioners; | ||||||
15 | (4) one Director appointed by each of the chairs of | ||||||
16 | the county boards of DuPage, Kane, Lake, McHenry, and Will | ||||||
17 | counties with the advice and consent of their respective | ||||||
18 | county boards; and | ||||||
19 | (5) the following nonvoting Directors: | ||||||
20 | (A) the Secretary of Transportation or the | ||||||
21 | Secretary's designee; | ||||||
22 | (B) the Chair of the Board of Directors of the | ||||||
23 | Illinois State Toll Highway Authority or the Chair's | ||||||
24 | designee; | ||||||
25 | (C) a representative of organized labor, appointed |
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1 | by the Governor; | ||||||
2 | (D) a representative from the business community | ||||||
3 | in the metropolitan region, appointed by the voting | ||||||
4 | members of the Board; | ||||||
5 | (E) a representative from the disability | ||||||
6 | community, appointed by the voting members of the | ||||||
7 | Board after consulting with at least 3 organizations | ||||||
8 | in the disability community in the metropolitan region | ||||||
9 | selected by the Board; and | ||||||
10 | (F) the Chair of the Citizens Advisory Board | ||||||
11 | established by Section 2.12. | ||||||
12 | (b) All Directors shall be residents of the metropolitan | ||||||
13 | region except for those Directors appointed pursuant to | ||||||
14 | paragraph (1) of subsection (a) and subparagraphs (A) and (B) | ||||||
15 | of paragraph (5) of subsection (a), who shall be residents of | ||||||
16 | the State of Illinois. | ||||||
17 | (c) Nonvoting Directors shall have the same rights to | ||||||
18 | access Board-related materials and to participate in Board | ||||||
19 | meetings as Directors with voting rights. | ||||||
20 | (d) Nonvoting Directors shall be subject to the same | ||||||
21 | conflict of interest restrictions applicable to other | ||||||
22 | Directors, are subject to all ethics requirements applicable | ||||||
23 | to the other Directors, and must comply with the public | ||||||
24 | transportation system usage and meeting attendance | ||||||
25 | requirements of Sections 5.02 and 5.03. |
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1 | Section 2.05. Director qualifications. | ||||||
2 | (a) Except as otherwise provided by this Act, a Director | ||||||
3 | may not, while serving as a Director, be an officer, a member | ||||||
4 | of the board of directors, a trustee, or an employee of a | ||||||
5 | transportation agency or be an employee of the State of | ||||||
6 | Illinois or any department or agency of the State. | ||||||
7 | (b) Each appointment made under this Section shall be | ||||||
8 | certified by the appointing authority to the Board, which | ||||||
9 | shall maintain the certifications as part of the official | ||||||
10 | records of the Authority. | ||||||
11 | (c) Directors shall have diverse and substantial relevant | ||||||
12 | experience and expertise for overseeing the planning, | ||||||
13 | operation, and funding of a regional public transportation | ||||||
14 | system, including, but not limited to, backgrounds in urban | ||||||
15 | and regional planning, management of large capital projects, | ||||||
16 | labor relations, business management, public administration, | ||||||
17 | transportation, and community organizations. | ||||||
18 | Section 2.06. Director decision-making. Directors must | ||||||
19 | make decisions on behalf of the Authority based on the | ||||||
20 | Director's assessment of how best to build an integrated, | ||||||
21 | equitable, and efficient regional public transit system for | ||||||
22 | the metropolitan region as a whole. | ||||||
23 | Section 2.07. Board Chair and other officers. | ||||||
24 | (a) The Chair of the Board shall be appointed by the other |
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1 | Directors for a term of 5 years. The Chair shall not be | ||||||
2 | appointed from among the other Directors. The Chair shall be a | ||||||
3 | resident of the metropolitan region. The Chair may be replaced | ||||||
4 | at any time by the Directors. | ||||||
5 | (b) The Chair shall preside at Board meetings and shall be | ||||||
6 | entitled to vote on all matters. | ||||||
7 | (c) The Board shall select a Secretary and a Treasurer and | ||||||
8 | may select persons to fill such other offices of the Board and | ||||||
9 | to perform such duties as it shall from time to time determine. | ||||||
10 | The Secretary, Treasurer, and other officers of the Board may | ||||||
11 | be, but need not be, members of the Board. | ||||||
12 | (d) The Chair of the Board shall serve as the Acting Chief | ||||||
13 | Executive Officer of the Authority until the appointment of | ||||||
14 | the initial Chief Executive Officer. While the Chair is | ||||||
15 | serving as the Acting Chief Executive Officer of the | ||||||
16 | Authority, the Chair shall be entitled to annual compensation | ||||||
17 | at least equal to the compensation paid to the most highly | ||||||
18 | compensated Chief Executive Officer of a Service Board as of | ||||||
19 | the effective date of this Act, subject to appropriate | ||||||
20 | adjustments made by the Board. When the Chair is no longer | ||||||
21 | serving as the Acting Chief Executive Officer of the | ||||||
22 | Authority, the Chair shall be compensated at the same rate as | ||||||
23 | the other Directors of the Board. | ||||||
24 | Section 2.08. Terms and vacancies. | ||||||
25 | (a) Each Director shall hold office for a term of 5 years |
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1 | and until the Director's successor has been appointed and has | ||||||
2 | qualified. A vacancy shall occur upon resignation, death, | ||||||
3 | conviction of a felony, or removal from office of a Director. A | ||||||
4 | Director may be removed from office (i) upon concurrence of a | ||||||
5 | majority of the Directors, on a formal finding of | ||||||
6 | incompetence, neglect of duty, or malfeasance in office or | ||||||
7 | (ii) by the Governor in response to a summary report received | ||||||
8 | from the Governor's Executive Inspector General in accordance | ||||||
9 | with Section 20-50 of the State Officials and Employees Ethics | ||||||
10 | Act if the Director has had an opportunity to be publicly heard | ||||||
11 | in person or by counsel prior to removal. As soon as feasible | ||||||
12 | after the office of a Director becomes vacant for any reason, | ||||||
13 | the appointing authority of the Director shall make an | ||||||
14 | appointment to fill the vacancy pursuant to Section 2.04. A | ||||||
15 | vacancy shall be filled for the unexpired term. | ||||||
16 | (b) The terms of the initial set of Directors selected to | ||||||
17 | the Board pursuant to this Act shall be as follows: | ||||||
18 | (1) Directors appointed by the Mayor of the City of | ||||||
19 | Chicago and the Governor shall serve an initial term of 3 | ||||||
20 | years and their successors shall serve five-year terms | ||||||
21 | until the Director's successor has been appointed and | ||||||
22 | qualified. | ||||||
23 | (2) Directors appointed by the President of the Cook | ||||||
24 | County Board of Commissioners and the board chairs of | ||||||
25 | Will, Kane, DuPage, McHenry, and Lake counties shall serve | ||||||
26 | an initial term of 5 years and their successors shall |
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1 | serve 5-year terms until the Director's successor has been | ||||||
2 | appointed and qualified. | ||||||
3 | Section 2.09. Compensation. Each Director, including the | ||||||
4 | Chair of the Authority, shall be compensated at the rate of | ||||||
5 | $25,000 per year, but nonvoting Directors employed by a public | ||||||
6 | agency are not entitled to such compensation. Each Director | ||||||
7 | shall be reimbursed for actual expenses incurred in the | ||||||
8 | performance of the Director's duties. Officers of the | ||||||
9 | Authority shall not be required to comply with the | ||||||
10 | requirements of the Public Funds Statement Publication Act. | ||||||
11 | Section 2.10. Meetings. | ||||||
12 | (a) The Board shall prescribe the times and places for | ||||||
13 | meetings and the manner in which special meetings may be | ||||||
14 | called. Board meetings shall be held in a place easily | ||||||
15 | accessible by public transit. The Board shall comply in all | ||||||
16 | respects with the Open Meetings Act. All records, documents, | ||||||
17 | and papers of the Authority, other than those relating to | ||||||
18 | matters concerning which closed sessions of the Board, may be | ||||||
19 | held and any redactions as permitted or required by applicable | ||||||
20 | law, shall be available for public examination, subject to | ||||||
21 | such reasonable regulations as the Board may adopt. | ||||||
22 | (b) A majority of the whole number of members of the | ||||||
23 | Authority then in office shall constitute a quorum for the | ||||||
24 | transaction of any business or the exercise of any power of the |
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1 | Authority. Unless otherwise stated by this Act, actions of the | ||||||
2 | Authority shall require the affirmative vote of a majority of | ||||||
3 | the voting members of the Authority present and voting at the | ||||||
4 | meeting at which the action is taken. | ||||||
5 | (c) Open meetings of the Board shall be broadcast to the | ||||||
6 | public and maintained in real time on the Board's website | ||||||
7 | using a high-speed Internet connection. Recordings of each | ||||||
8 | meeting broadcast shall be posted to the Board's website | ||||||
9 | within a reasonable time after the meeting and shall be | ||||||
10 | maintained as public records to the extent practicable, as | ||||||
11 | determined by the Board. Compliance with these provisions does | ||||||
12 | not relieve the Board of its obligations under the Open | ||||||
13 | Meetings Act. | ||||||
14 | Section 2.11. Director liability. | ||||||
15 | (a) A Director of the Authority is not liable for any | ||||||
16 | injury resulting from any act or omission in determining | ||||||
17 | policy or exercising discretion, except: (1) for willful or | ||||||
18 | wanton misconduct; or (2) as otherwise provided by law. | ||||||
19 | (b) If any claim or action is instituted against a | ||||||
20 | Director of the Authority based on an injury allegedly arising | ||||||
21 | out of an act or omission of the Director occurring within the | ||||||
22 | scope of the Director's performance of duties on behalf of the | ||||||
23 | Authority, the Authority shall indemnify the Director for all | ||||||
24 | legal expenses and court costs incurred in defending against | ||||||
25 | the claim or action and shall indemnify the Director for any |
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1 | amount paid pursuant to any judgment on, or any good faith | ||||||
2 | settlement of, such claim, except for that portion of a | ||||||
3 | judgment awarded for willful or wanton misconduct. | ||||||
4 | (c) The Authority may purchase insurance to cover the | ||||||
5 | costs of any legal expenses, judgments, or settlements under | ||||||
6 | this Section. | ||||||
7 | Section 2.12. Citizen Advisory Board. There is established | ||||||
8 | a Citizen Advisory Board. The Board shall appoint at least 5 | ||||||
9 | and not more than 15 members to the Citizen Advisory Board. The | ||||||
10 | Board shall follow the selection process in Section 5.01 for | ||||||
11 | its appointments to the Citizen Advisory Board. The Board | ||||||
12 | should strive to assemble a Citizen Advisory Board that is | ||||||
13 | reflective of the diversity of the metropolitan region, the | ||||||
14 | users of the various modes of public transportation, and the | ||||||
15 | interests of the residents and institutions of the region in a | ||||||
16 | strong public transportation system. At least one member of | ||||||
17 | the Citizen Advisory Board shall represent transit riders with | ||||||
18 | disabilities. The Citizen Advisory Board shall meet at least | ||||||
19 | quarterly and shall advise the Board of the impact of its | ||||||
20 | policies and programs on the communities within the | ||||||
21 | metropolitan region. Members shall serve without compensation | ||||||
22 | but shall be entitled to reimbursement of reasonable and | ||||||
23 | necessary costs incurred in the performance of their duties. | ||||||
24 | Citizen Advisory Board members are subject to the public | ||||||
25 | transportation system usage requirements applicable to |
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1 | Authority Directors pursuant to Section 5.02. | ||||||
2 | Article III. TRANSITION | ||||||
3 | Section 3.01. Transition Committee. | ||||||
4 | (a) The Board shall establish a Transition Committee of | ||||||
5 | the Board composed of a diverse subset of Directors. Directors | ||||||
6 | appointed to the Transition Committee shall devote substantial | ||||||
7 | time and effort to managing the transitions required by this | ||||||
8 | Act in addition to their regular responsibilities as | ||||||
9 | Directors. In recognition of this level of additional effort, | ||||||
10 | the Board may authorize additional compensation for the | ||||||
11 | Directors serving on the Transition Committee over the | ||||||
12 | Director compensation authorized by Section 2.09. Such | ||||||
13 | additional compensation shall be on a documented per hour | ||||||
14 | worked basis at a rate set by the Board up to $150,000 | ||||||
15 | annually. | ||||||
16 | (b) The responsibilities of the Transition Committee, | ||||||
17 | subject to the oversight of the Board, include the following: | ||||||
18 | (1) developing a transition plan for implementing the | ||||||
19 | improvements contemplated by this Act; | ||||||
20 | (2) forming, staffing, and overseeing the activities | ||||||
21 | of an Integration Management Office charged with the | ||||||
22 | day-to-day responsibility for implementing the operational | ||||||
23 | and organization changes contemplated by this Act; | ||||||
24 | (3) leading the search for a Chief Executive Officer |
| |||||||
| |||||||
1 | of the Authority who has experience managing large public | ||||||
2 | transportation systems, which may include systems outside | ||||||
3 | of North America, or who has similar relevant experience | ||||||
4 | in managing other complex organizations; | ||||||
5 | (4) overseeing the transfer of personnel and staff | ||||||
6 | responsibilities from the consolidated entities to the | ||||||
7 | Authority to implement the provisions of this Act most | ||||||
8 | effectively; and | ||||||
9 | (5) regularly reporting to the full Board on the | ||||||
10 | status of the transition effort and make recommendations | ||||||
11 | for Board policies and actions. | ||||||
12 | (c) The Board shall implement this Act in accordance with | ||||||
13 | the following timetable: | ||||||
14 | (1) All seats on the Board shall be filled, a Chair | ||||||
15 | shall be selected, and the Board Transition Committee | ||||||
16 | shall be appointed and in operation no later than one year | ||||||
17 | after the effective date of this Act. | ||||||
18 | (2) The Integration Management Office shall be fully | ||||||
19 | organized and operating by no later than 2 years after the | ||||||
20 | effective date of this Act. | ||||||
21 | (3) A permanent Chief Executive Officer shall be | ||||||
22 | selected and in place at the Authority by no later than 3 | ||||||
23 | years after the effective date of this Act. | ||||||
24 | (4) A final transition plan shall be approved by no | ||||||
25 | later than 3 years after the effective date of this Act. | ||||||
26 | (5) The transfer of all functions and responsibilities |
| |||||||
| |||||||
1 | to the Authority as contemplated by this Act shall be | ||||||
2 | completed by no later than 4 years after the effective | ||||||
3 | date of this Act. | ||||||
4 | Section 3.02. Consolidation. On the effective date of this | ||||||
5 | Act and without further action: | ||||||
6 | (1) The Chicago Transit Authority, the Commuter Rail | ||||||
7 | Division and the Suburban Bus Division of the Regional | ||||||
8 | Transportation Authority, and the Regional Transportation | ||||||
9 | Authority are consolidated into the Authority and the | ||||||
10 | Service Boards are abolished. | ||||||
11 | (2) To the fullest extent allowed by applicable law, | ||||||
12 | the Authority shall succeed to all the rights, assets, | ||||||
13 | franchises, contracts, property, and interests of every | ||||||
14 | kind of the consolidated entities, including all rights, | ||||||
15 | powers, and duties of the Commuter Rail Division with | ||||||
16 | respect to the Northeast Illinois Regional Rail Passenger | ||||||
17 | Corporation. | ||||||
18 | (3) All previous lawful actions of the consolidated | ||||||
19 | entities shall be valid and binding upon the Authority, | ||||||
20 | and the Authority shall be substituted for the | ||||||
21 | consolidated entities with respect to each of those | ||||||
22 | actions. | ||||||
23 | (4) All fines, penalties, and forfeitures incurred or | ||||||
24 | imposed for the violation of any ordinance of a | ||||||
25 | consolidated entity shall be enforced or collected by the |
| |||||||
| |||||||
1 | Authority. | ||||||
2 | (5) All lawful ordinances, regulations, and rules of | ||||||
3 | the consolidated entities consistent with the provisions | ||||||
4 | of this Act shall continue in full force and effect as | ||||||
5 | ordinances, regulations, and rules of the Authority until | ||||||
6 | amended or repealed by the Authority. | ||||||
7 | (6) The title to and possession of all land, property, | ||||||
8 | and funds of every kind owned by or in which a consolidated | ||||||
9 | entity possesses an interest shall not revert or be | ||||||
10 | impaired but shall be vested in the Authority to the same | ||||||
11 | extent and subject to the same restrictions, if any, | ||||||
12 | applicable to the land, property, and funds. | ||||||
13 | (7) A director or officer ceasing to hold office by | ||||||
14 | virtue of this Act and any employee of a consolidated | ||||||
15 | entity shall deliver and turn over to the Authority, or to | ||||||
16 | a person it may designate, all papers, records, books, | ||||||
17 | documents, property, real and personal, and pending | ||||||
18 | business of any kind in the director's, officer's, or | ||||||
19 | employee's possession or custody and shall account to the | ||||||
20 | Authority for all moneys for which the director, officer, | ||||||
21 | or employee is responsible. | ||||||
22 | (8) The separate existence of the consolidated | ||||||
23 | entities shall cease and the term of office of each | ||||||
24 | director and officer of those entities shall terminate, | ||||||
25 | except that the directors of the Regional Transportation | ||||||
26 | Authority on the effective date of this Act shall serve as |
| |||||||
| |||||||
1 | temporary Directors of the Authority until their | ||||||
2 | successors are appointed pursuant to Section 5.01. The | ||||||
3 | Authority and the appointing authorities shall begin the | ||||||
4 | process under Section 5.01 to select successors to the | ||||||
5 | temporary Directors no later than 30 days after the | ||||||
6 | effective date of this Act. | ||||||
7 | Section 3.03. Transfer of employees and collective | ||||||
8 | bargaining rights. | ||||||
9 | (a) The provisions of this Section establish the | ||||||
10 | procedures to be followed by the Authority in dealing with | ||||||
11 | employees of the consolidated entities in carrying out the | ||||||
12 | consolidation and reorganization of public transportation | ||||||
13 | provided for in this Act and to provide fair and equitable | ||||||
14 | protection for those employees. | ||||||
15 | (b) On the effective date of this Act, all persons | ||||||
16 | employed by the consolidated entities shall become employees | ||||||
17 | of the Authority. | ||||||
18 | (c) The Authority shall assume and observe all applicable | ||||||
19 | collective bargaining and other agreements between the | ||||||
20 | consolidated entities and their employees in effect on the | ||||||
21 | effective date of this Act. | ||||||
22 | (d) The Authority shall assume all pension obligations of | ||||||
23 | the consolidated entities and the employees of the | ||||||
24 | consolidated entities who are members or beneficiaries of any | ||||||
25 | existing pension or retirement system and shall continue to |
| |||||||
| |||||||
1 | have the rights, privileges, obligations, and status with | ||||||
2 | respect to such system or systems as prescribed by law. | ||||||
3 | Employees shall be given sick leave, vacation, insurance, and | ||||||
4 | pension credits in accordance with the records or labor | ||||||
5 | agreements of the consolidated entities provided to an | ||||||
6 | employee under an ordinance adopted or a contract executed by | ||||||
7 | a consolidated entity. The Authority shall determine the | ||||||
8 | number of employees necessary to provide public transportation | ||||||
9 | services on a consolidated basis and to carry out the | ||||||
10 | functions of the Authority and shall determine fair and | ||||||
11 | equitable arrangements for the employees of the Authority who | ||||||
12 | are affected by actions provided for by this Act. | ||||||
13 | (e) If the Authority and an accredited representative of | ||||||
14 | the employees of a consolidated entity fail to agree on a | ||||||
15 | matter covered by a collective bargaining agreement and | ||||||
16 | related to the implementation of this Act, either party may | ||||||
17 | request the assistance of a mediator appointed by either the | ||||||
18 | State or Federal Mediation and Conciliation Service who shall | ||||||
19 | seek to resolve the dispute. If the dispute is not resolved by | ||||||
20 | mediation within a 21-day period, the mediator shall certify | ||||||
21 | to the parties that an impasse exists. Upon receipt of the | ||||||
22 | mediator's certificate, the parties shall submit the dispute | ||||||
23 | to arbitration by a board composed of 3 persons, one appointed | ||||||
24 | by the Authority, one appointed by the labor organization | ||||||
25 | representing the employees, and a third member to be agreed | ||||||
26 | upon by the labor organization and the Authority. The member |
| |||||||
| |||||||
1 | agreed upon by the labor organization and the Authority shall | ||||||
2 | act as chair of the board. The determination of the majority of | ||||||
3 | the board of arbitration thus established shall be final and | ||||||
4 | binding on all matters in dispute. If, after a period of 10 | ||||||
5 | days from the date of the appointment of the 2 arbitrators | ||||||
6 | representing the Authority and the labor organization, the | ||||||
7 | third arbitrator has not been selected, then either arbitrator | ||||||
8 | may request the American Arbitration Association to furnish | ||||||
9 | from the current listing of the membership of the National | ||||||
10 | Academy of Arbitrators the names of 7 members of the National | ||||||
11 | Academy. The arbitrators appointed by the Authority and the | ||||||
12 | labor organization shall determine, promptly after the receipt | ||||||
13 | of the list, by that order alternatively eliminate one name | ||||||
14 | until only one name remains. The remaining person on the list | ||||||
15 | shall be the third arbitrator. Each party shall pay an equal | ||||||
16 | proportionate share of the impartial arbitrator's fees and | ||||||
17 | expenses. | ||||||
18 | Article IV. POWERS | ||||||
19 | Section 4.01. Responsibility for public transportation. As | ||||||
20 | the provider of public transportation in the metropolitan | ||||||
21 | region, the Authority may: | ||||||
22 | (1) adopt plans that implement the public policy of | ||||||
23 | the State to provide adequate, efficient, equitable, and | ||||||
24 | coordinated public transportation throughout the |
| |||||||
| |||||||
1 | metropolitan region; | ||||||
2 | (2) develop Service Standards and performance measures | ||||||
3 | to inform the public about the extent to which the | ||||||
4 | provision of public transportation in the metropolitan | ||||||
5 | region meets those goals, objectives, and standards; | ||||||
6 | (3) use the Service Standards and performance | ||||||
7 | standards to objectively and transparently determine the | ||||||
8 | level, nature, and kind of public transportation that | ||||||
9 | should be provided for the metropolitan region; | ||||||
10 | (4) budget and allocate operating and capital funds | ||||||
11 | efficiently and in a cost-effective manner to support | ||||||
12 | public transportation in the metropolitan region; | ||||||
13 | (5) coordinate the provision of public transportation | ||||||
14 | and the investment in public transportation facilities to | ||||||
15 | enhance the integration of public transportation | ||||||
16 | throughout the metropolitan region; | ||||||
17 | (6) operate or otherwise provide for public | ||||||
18 | transportation services throughout the metropolitan | ||||||
19 | region; | ||||||
20 | (7) plan, procure, and operate an integrated fare | ||||||
21 | collection system; | ||||||
22 | (8) conduct operations, service, and capital planning; | ||||||
23 | (9) provide design and construction oversight of | ||||||
24 | capital projects; | ||||||
25 | (10) procure goods and services necessary to fulfill | ||||||
26 | its responsibilities; |
| |||||||
| |||||||
1 | (11) develop or participate in residential and | ||||||
2 | commercial development on and in the vicinity of public | ||||||
3 | transportation stations and routes to facilitate | ||||||
4 | transit-supportive land uses, increase public | ||||||
5 | transportation ridership, generate revenue, and improve | ||||||
6 | access to jobs and other opportunities in the metropolitan | ||||||
7 | region by public transportation; and | ||||||
8 | (12) take all other necessary and reasonable steps to | ||||||
9 | provide public transportation in the metropolitan region. | ||||||
10 | Section 4.02. General powers. Except as otherwise limited | ||||||
11 | by this Act, the Authority shall have all powers necessary to | ||||||
12 | meet its responsibilities and to carry out its purposes, | ||||||
13 | including, but not limited to, the following powers: | ||||||
14 | (1) to sue and be sued; | ||||||
15 | (2) to invest any funds or any moneys not required for | ||||||
16 | immediate use or disbursement, as provided in the Public | ||||||
17 | Funds Investment Act; | ||||||
18 | (3) to make, amend, and repeal by-laws, rules, and | ||||||
19 | ordinances consistent with this Act; | ||||||
20 | (4) to borrow money and to issue its negotiable bonds | ||||||
21 | or notes; | ||||||
22 | (5) to hold, sell, sell by installment contract, lease | ||||||
23 | as lessor, transfer, or dispose of such real or personal | ||||||
24 | property as it deems appropriate in the exercise of its | ||||||
25 | powers or to provide for the use thereof by any |
| |||||||
| |||||||
1 | transportation agency and to mortgage, pledge, or | ||||||
2 | otherwise grant security interests in any such property; | ||||||
3 | (6) to enter at reasonable times upon such lands, | ||||||
4 | waters, or premises as in the judgment of the Authority | ||||||
5 | may be necessary, convenient, or desirable for the purpose | ||||||
6 | of making surveys, soundings, borings, and examinations to | ||||||
7 | accomplish any purpose authorized by this Act after having | ||||||
8 | given reasonable notice of such proposed entry to the | ||||||
9 | owners and occupants of such lands, waters or premises, | ||||||
10 | the Authority being liable only for actual damage caused | ||||||
11 | by such activity; | ||||||
12 | (7) to procure the goods and services necessary to | ||||||
13 | perform its responsibilities; | ||||||
14 | (8) to make and execute all contracts and other | ||||||
15 | instruments necessary or convenient to the exercise of its | ||||||
16 | powers; | ||||||
17 | (9) to enter into contracts of group insurance for the | ||||||
18 | benefit of its employees, to provide for retirement or | ||||||
19 | pensions or other employee benefit arrangements for its | ||||||
20 | employees, and to assume obligations for pensions or other | ||||||
21 | employee benefit arrangements for employees of | ||||||
22 | transportation agencies, of which all or part of the | ||||||
23 | facilities are acquired by the Authority; | ||||||
24 | (10) to provide for the insurance of any property, | ||||||
25 | directors, officers, employees, or operations of the | ||||||
26 | Authority against any risk or hazard, and to self-insure |
| |||||||
| |||||||
1 | or participate in joint self-insurance pools or entities | ||||||
2 | to insure against any risk or hazard; | ||||||
3 | (11) to appear before the Illinois Commerce Commission | ||||||
4 | in all proceedings concerning the Authority or any | ||||||
5 | transportation agency; | ||||||
6 | (12) to pass all ordinances and make all rules and | ||||||
7 | regulations proper or necessary to regulate the use, | ||||||
8 | operation, and maintenance of its property and facilities | ||||||
9 | and those of its Operating Divisions and, by ordinance, to | ||||||
10 | prescribe fines or penalties for violations of ordinances. | ||||||
11 | No fine or penalty shall exceed $5,000 per offense. An | ||||||
12 | ordinance providing for any fine or penalty shall be | ||||||
13 | published in a newspaper of general circulation in the | ||||||
14 | metropolitan region. No such ordinance shall take effect | ||||||
15 | until 10 days after its publication; | ||||||
16 | (13) to enter into arbitration arrangements, which may | ||||||
17 | be final and binding; and | ||||||
18 | (14) to provide funding and other support for projects | ||||||
19 | in the metropolitan region under the Equitable | ||||||
20 | Transit-Supportive Development Act. | ||||||
21 | Section 4.03. Purchase of transit services. | ||||||
22 | (a) The Authority may provide public transportation by | ||||||
23 | purchasing public transportation services from transportation | ||||||
24 | agencies through purchase of service agreements or grants. | ||||||
25 | (b) The Authority may make grants to or enter into |
| |||||||
| |||||||
1 | purchase of service agreements with a transportation agency | ||||||
2 | for operating and other expenses, developing or planning | ||||||
3 | public transportation, or for constructing or acquiring public | ||||||
4 | transportation facilities, all upon such terms and conditions | ||||||
5 | as the Authority shall prescribe. | ||||||
6 | (c) The Board shall adopt guidelines setting forth uniform | ||||||
7 | standards for the making of grants and purchase of service | ||||||
8 | agreements. The grants or purchase of service agreements may | ||||||
9 | be for a number of years or duration as the parties shall | ||||||
10 | agree. | ||||||
11 | (d) A transportation agency providing public | ||||||
12 | transportation pursuant to a purchase of service or grant | ||||||
13 | agreement with the Authority is subject to the Illinois Human | ||||||
14 | Rights Act and the remedies and procedures established under | ||||||
15 | that Act. The transportation agency shall file an affirmative | ||||||
16 | action program with regard to public transportation so | ||||||
17 | provided with the Department of Human Rights within one year | ||||||
18 | of the purchase of service or grant agreement to ensure that | ||||||
19 | applicants are employed and that employees are treated during | ||||||
20 | employment without unlawful discrimination. The affirmative | ||||||
21 | action program shall include provisions relating to hiring, | ||||||
22 | upgrading, demotion, transfer, recruitment, recruitment | ||||||
23 | advertising, selection for training, and rates of pay or other | ||||||
24 | forms of compensation. Unlawful discrimination, as defined and | ||||||
25 | prohibited in the Illinois Human Rights Act, may not be made in | ||||||
26 | any term or aspect of employment, and discrimination based |
| |||||||
| |||||||
1 | upon political reasons or factors is prohibited. | ||||||
2 | (e) The Authority is not subject to the Public Utilities | ||||||
3 | Act. Transportation agencies that have any purchase of service | ||||||
4 | or grant agreement with the Authority are not subject to that | ||||||
5 | Act as to any public transportation that is the subject of a | ||||||
6 | purchase of service or grant agreement. | ||||||
7 | (f) A contract or agreement entered into by a | ||||||
8 | transportation agency with the Authority and discontinuation | ||||||
9 | of the contract or agreement by the Authority are not subject | ||||||
10 | to approval of or regulation by the Illinois Commerce | ||||||
11 | Commission. | ||||||
12 | (g) The Authority shall assume all costs of rights, | ||||||
13 | benefits, and protective conditions to which an employee is | ||||||
14 | entitled under this Act from a transportation agency if the | ||||||
15 | inability of the transportation agency to meet its obligations | ||||||
16 | in relation thereto due to bankruptcy or insolvency, provided | ||||||
17 | that the Authority shall retain the right to proceed against | ||||||
18 | the bankrupt or insolvent transportation agency or its | ||||||
19 | successors, trustees, assigns or debtors for the costs | ||||||
20 | assumed. The Authority may mitigate its liability under this | ||||||
21 | subsection and under Section 2.11 to the extent of employment | ||||||
22 | and employment benefits which it tenders. | ||||||
23 | Section 4.04. Paratransit services. | ||||||
24 | (a) As used in this Section, "ADA paratransit services" | ||||||
25 | means those comparable or specialized transportation services |
| |||||||
| |||||||
1 | provided to individuals with disabilities who are unable to | ||||||
2 | use fixed-route transportation systems and who are determined | ||||||
3 | to be eligible, for some or all of their trips, for such | ||||||
4 | services under the Americans with Disabilities Act of 1990 and | ||||||
5 | its implementing regulations. | ||||||
6 | (b) The Authority is responsible for the funding, | ||||||
7 | financial review, and oversight of all ADA paratransit | ||||||
8 | services that are provided by the Authority or by any | ||||||
9 | transportation agency. | ||||||
10 | (c) The Authority shall develop plans for the provision of | ||||||
11 | ADA paratransit services and submit the plans to the Federal | ||||||
12 | Transit Administration for approval. The Authority shall | ||||||
13 | comply with the requirements of the Americans with | ||||||
14 | Disabilities Act of 1990 and its implementing regulations in | ||||||
15 | developing and approving the plans, including, without | ||||||
16 | limitation, consulting with individuals with disabilities and | ||||||
17 | groups representing them in the community and providing | ||||||
18 | adequate opportunity for public comment and public hearings. | ||||||
19 | The plans shall also include, without limitation, provisions | ||||||
20 | to: | ||||||
21 | (1) maintain, at a minimum, the levels of ADA | ||||||
22 | paratransit service that are required to be provided by | ||||||
23 | the Authority pursuant to the Americans with Disabilities | ||||||
24 | Act of 1990 and its implementing regulations; | ||||||
25 | (2) provide for consistent policies throughout the | ||||||
26 | metropolitan region for scheduling of ADA paratransit |
| |||||||
| |||||||
1 | service trips to and from destinations, with consideration | ||||||
2 | of scheduling of return trips on a will-call, open-ended | ||||||
3 | basis upon request of the rider, if practicable; | ||||||
4 | (3) provide that service contracts and rates with | ||||||
5 | private carriers and taxicabs for ADA paratransit service, | ||||||
6 | entered into or set after the approval by the Federal | ||||||
7 | Transit Administration, are procured by means of an open | ||||||
8 | procurement process; | ||||||
9 | (4) provide for fares, fare collection, and billing | ||||||
10 | procedures for ADA paratransit services throughout the | ||||||
11 | metropolitan region; | ||||||
12 | (5) provide for performance standards for all ADA | ||||||
13 | paratransit service transportation carriers, with | ||||||
14 | consideration of door-to-door service; | ||||||
15 | (6) provide, in cooperation with the Department of | ||||||
16 | Transportation, the Department of Healthcare and Family | ||||||
17 | Services, and other appropriate public agencies and | ||||||
18 | private entities for the application and receipt of | ||||||
19 | grants, including, without limitation, reimbursement from | ||||||
20 | Medicaid or other programs for ADA paratransit services; | ||||||
21 | (7) provide for a system of dispatch of ADA | ||||||
22 | paratransit services transportation carriers throughout | ||||||
23 | the metropolitan region with consideration of county-based | ||||||
24 | dispatch systems already in place; | ||||||
25 | (8) provide for a process of determining eligibility | ||||||
26 | for ADA paratransit services that complies with the |
| |||||||
| |||||||
1 | Americans with Disabilities Act of 1990 and its | ||||||
2 | implementing regulations; | ||||||
3 | (9) provide for consideration of innovative methods to | ||||||
4 | provide and fund ADA paratransit services; and | ||||||
5 | (10) provide for the creation of an ADA advisory board | ||||||
6 | to represent the diversity of individuals with | ||||||
7 | disabilities in the metropolitan region and to provide | ||||||
8 | appropriate ongoing input from individuals with | ||||||
9 | disabilities into the operation of ADA paratransit | ||||||
10 | services. | ||||||
11 | (d) All revisions and annual updates to the ADA | ||||||
12 | paratransit services plans developed pursuant to subsection | ||||||
13 | (c), or certifications of continued compliance in lieu of plan | ||||||
14 | updates, that are required to be provided to the Federal | ||||||
15 | Transit Administration shall be developed by the Authority and | ||||||
16 | the Authority shall submit the revision, update, or | ||||||
17 | certification to the Federal Transit Administration for | ||||||
18 | approval. | ||||||
19 | (e) The Department of Transportation, the Department of | ||||||
20 | Healthcare and Family Services, and the Authority shall enter | ||||||
21 | into intergovernmental agreements as may be necessary to | ||||||
22 | provide funding and accountability for, and implementation of, | ||||||
23 | the requirements of this Section. | ||||||
24 | (f) In conjunction with its adoption of its Strategic | ||||||
25 | Plan, the Authority shall develop and submit to the General | ||||||
26 | Assembly and the Governor a funding plan for ADA paratransit |
| |||||||
| |||||||
1 | services. The funding plan shall, at a minimum, contain an | ||||||
2 | analysis of the current costs of providing ADA paratransit | ||||||
3 | services, projections of the long-term costs of providing ADA | ||||||
4 | paratransit services, identification of and recommendations | ||||||
5 | for possible cost efficiencies in providing ADA paratransit | ||||||
6 | services, and identification of and recommendations for | ||||||
7 | possible funding sources for providing ADA paratransit | ||||||
8 | services. The Department of Transportation, the Department of | ||||||
9 | Healthcare and Family Services, and other State and local | ||||||
10 | public agencies, as appropriate, shall cooperate with the | ||||||
11 | Authority in the preparation of the funding plan. | ||||||
12 | (g) Any funds derived from the federal Medicaid program | ||||||
13 | for reimbursement of the costs of providing ADA paratransit | ||||||
14 | services within the metropolitan region shall be directed to | ||||||
15 | the Authority and shall be used to pay for or reimburse the | ||||||
16 | costs of providing ADA paratransit services. | ||||||
17 | Section 4.05. Fares and nature of service. | ||||||
18 | (a) The Authority has the sole authority for setting fares | ||||||
19 | and charges for public transportation services in the | ||||||
20 | metropolitan region, including public transportation provided | ||||||
21 | by transportation agencies pursuant to purchase of service or | ||||||
22 | grant agreements with the Authority, and for establishing the | ||||||
23 | nature and standards of public transportation to be so | ||||||
24 | provided in accordance with the Strategic Plan and Service | ||||||
25 | Standards. |
| |||||||
| |||||||
1 | (b) The Authority shall develop and implement a regionally | ||||||
2 | coordinated and consolidated fare collection system. | ||||||
3 | (c) Whenever the Authority provides any public | ||||||
4 | transportation pursuant to grants to transportation agencies | ||||||
5 | for operating expenses, other than with regard to experimental | ||||||
6 | programs, or pursuant to any purchase of service agreement, | ||||||
7 | the purchase of service or grant agreements shall provide for | ||||||
8 | the level and nature of fares or charges to be made for such | ||||||
9 | services and the nature and standards of public transportation | ||||||
10 | to be so provided. | ||||||
11 | (d) In so providing for the fares or charges and the nature | ||||||
12 | and standards of public transportation, any purchase of | ||||||
13 | service or grant agreements shall provide, among other | ||||||
14 | matters, for the terms and cost of transfers or | ||||||
15 | interconnections between different modes of transportation and | ||||||
16 | different public transportation providers. | ||||||
17 | (e) At least once every 2 years, the Authority shall | ||||||
18 | assess the need to make fare adjustments in light of | ||||||
19 | inflation, budgetary needs, and other relevant policy | ||||||
20 | considerations. The Board shall, by ordinance, retain the | ||||||
21 | existing fare structure or adopt a revised fare structure. The | ||||||
22 | Authority shall take reasonable steps to get public input as | ||||||
23 | part of its assessment, and the Board shall conduct a public | ||||||
24 | hearing before adopting its fare structure ordinance. | ||||||
25 | (f) By no later than 2 years after the effective date of | ||||||
26 | this Act, the Authority shall implement: |
| |||||||
| |||||||
1 | (1) an income-based reduced fare program; and | ||||||
2 | (2) fare capping for individual services and across | ||||||
3 | public transportation service providers. | ||||||
4 | (g) The Authority must develop and make available for use | ||||||
5 | by riders a universal fare instrument that may be used | ||||||
6 | interchangeably on all public transportation funded by the | ||||||
7 | Authority. | ||||||
8 | Section 4.06. Use of streets and roads. | ||||||
9 | (a) The Authority may, by ordinance, provide for special | ||||||
10 | lanes for exclusive or special use by public transportation | ||||||
11 | vehicles with regard to any roads, streets, ways, highways, | ||||||
12 | bridges, toll highways, or toll bridges in the metropolitan | ||||||
13 | region, notwithstanding any other law, ordinance, or | ||||||
14 | regulation to the contrary. | ||||||
15 | (b) The Authority may use and, by ordinance, authorize a | ||||||
16 | transportation agency to use without any franchise, charge, | ||||||
17 | permit, or license any public road, street, way, highway, | ||||||
18 | bridge, toll highway, or toll bridge within the metropolitan | ||||||
19 | region for the provision of public transportation. | ||||||
20 | Transportation agencies that have purchase of service or grant | ||||||
21 | agreements with the Authority as to any public transportation | ||||||
22 | are not, as to any aspect of the public transportation, | ||||||
23 | subject to any supervision, licensing, or regulation imposed | ||||||
24 | by a unit of local government in the metropolitan region, | ||||||
25 | except as may be specifically authorized by the Authority and |
| |||||||
| |||||||
1 | except for regular police supervision of vehicular traffic. | ||||||
2 | Section 4.07. Bus rapid transit and related technologies. | ||||||
3 | To improve public transportation service in the metropolitan | ||||||
4 | region, the Authority shall accelerate the implementation of | ||||||
5 | bus rapid transit services using the expressway, tollway, and | ||||||
6 | other roadway systems in the metropolitan region. The | ||||||
7 | Department of Transportation and the Illinois State Toll | ||||||
8 | Highway Authority shall collaborate with the Authority in the | ||||||
9 | implementation of bus rapid transit services. The Authority, | ||||||
10 | in cooperation with the Department of Transportation and the | ||||||
11 | Illinois State Toll Highway Authority, shall evaluate and | ||||||
12 | refine approaches to bus rapid transit operations and shall | ||||||
13 | investigate technology options that facilitate the shared use | ||||||
14 | of the bus rapid transit lanes and provide revenue for | ||||||
15 | financing construction and operation of public transportation | ||||||
16 | facilities. The Authority shall also research, evaluate, and, | ||||||
17 | where appropriate, implement vehicle, infrastructure, | ||||||
18 | intelligent transportation systems, and other technologies to | ||||||
19 | improve the quality and safety of public transportation on | ||||||
20 | roadway systems in the metropolitan region. | ||||||
21 | Section 4.08. Coordination with the Department of | ||||||
22 | Transportation. | ||||||
23 | (a) The Authority shall promptly review the Department of | ||||||
24 | Transportation's plans under Section 2705-354 of the |
| |||||||
| |||||||
1 | Department of Transportation Law of the Civil Administrative | ||||||
2 | Code of Illinois and provide the Department with | ||||||
3 | recommendations for any needed modifications to enhance the | ||||||
4 | operation and safety of public transportation on the highway. | ||||||
5 | The Department shall review the recommendations and respond to | ||||||
6 | the Authority's comments as set forth in that Section. | ||||||
7 | (b) The Department and the Authority shall jointly develop | ||||||
8 | and publish on their websites guidelines, timetables, and best | ||||||
9 | practices for how they will advance highway designs and | ||||||
10 | operations on highways under the Department's jurisdiction in | ||||||
11 | the metropolitan region to optimize the efficacy, safety, and | ||||||
12 | attractiveness of public transportation on such highways. | ||||||
13 | Section 4.09. Eminent domain. | ||||||
14 | (a) The Authority may take and acquire possession by | ||||||
15 | eminent domain of any property or interest in property which | ||||||
16 | the Authority may acquire under this Act. The power of eminent | ||||||
17 | domain may be exercised by ordinance of the Authority and | ||||||
18 | shall extend to all types of interests in property, both real | ||||||
19 | and personal, including, without limitation, easements for | ||||||
20 | access purposes to and rights of concurrent usage of existing | ||||||
21 | or planned public transportation facilities, whether the | ||||||
22 | property is public property or is devoted to public use and | ||||||
23 | whether the property is owned or held by a public | ||||||
24 | transportation agency, except as specifically limited by this | ||||||
25 | Act. |
| |||||||
| |||||||
1 | (b) The Authority shall exercise the power of eminent | ||||||
2 | domain granted in this Section in the manner provided for the | ||||||
3 | exercise of the right of eminent domain under the Eminent | ||||||
4 | Domain Act, except that the Authority may not exercise | ||||||
5 | quick-take authority provided in Article 20 of the Eminent | ||||||
6 | Domain Act providing for immediate possession in such | ||||||
7 | proceedings and except that those provisions of Section | ||||||
8 | 10-5-10 of the Eminent Domain Act requiring prior approval of | ||||||
9 | the Illinois Commerce Commission in certain instances shall | ||||||
10 | apply to eminent domain proceedings by the Authority only as | ||||||
11 | to any taking or damaging by the Authority of any real property | ||||||
12 | of a railroad not used for public transportation or of any real | ||||||
13 | property of other public utilities. | ||||||
14 | (c) The Authority may exercise the right of eminent domain | ||||||
15 | to acquire public property with the approval of the Board. In a | ||||||
16 | proceeding for the taking of public property by the Authority | ||||||
17 | through the exercise of the power of eminent domain, the venue | ||||||
18 | shall be in the circuit court of the county in which the | ||||||
19 | property is located. The right of eminent domain may be | ||||||
20 | exercised over property used for public park purposes, for | ||||||
21 | State forest purposes, or for forest preserve purposes with | ||||||
22 | the approval of the Board, after public hearing and a written | ||||||
23 | study done for the Authority, that such taking is necessary to | ||||||
24 | accomplish the purposes of this Act, that no feasible | ||||||
25 | alternatives to such taking exist, and that the advantages to | ||||||
26 | the public from such taking exceed the disadvantages to the |
| |||||||
| |||||||
1 | public of doing so. In a proceeding for the exercise of the | ||||||
2 | right of eminent domain for the taking by the Authority of | ||||||
3 | property used for public park, State forest, or forest | ||||||
4 | preserve purposes, the court shall not order the taking of | ||||||
5 | such property unless it has reviewed and concurred in the | ||||||
6 | findings required of the Authority by this paragraph. Property | ||||||
7 | dedicated as a nature preserve pursuant to the Illinois | ||||||
8 | Natural Areas Preservation Act may not be acquired by eminent | ||||||
9 | domain by the Authority. | ||||||
10 | (d) The acquisition by the Authority by eminent domain of | ||||||
11 | any property is not subject to the approval of or regulation by | ||||||
12 | the Illinois Commerce Commission, except that any requirement | ||||||
13 | in Section 10-5-10 of the Eminent Domain Act requiring in | ||||||
14 | certain instances prior approval of the Illinois Commerce | ||||||
15 | Commission for taking or damaging of property of railroads or | ||||||
16 | other public utilities shall continue to apply as to any | ||||||
17 | taking or damaging by the Authority of any real property of | ||||||
18 | such a railroad not used for public transportation or of any | ||||||
19 | real property of such other public utility. | ||||||
20 | (e) Notwithstanding any other provision of this Act, any | ||||||
21 | power granted under this Act to acquire property by | ||||||
22 | condemnation or eminent domain is subject to, and shall be | ||||||
23 | exercised in accordance with, the Eminent Domain Act. | ||||||
24 | Section 4.10. Acquisitions. | ||||||
25 | (a) The Authority may acquire any public transportation |
| |||||||
| |||||||
1 | facility for its use or for use by a transportation agency and | ||||||
2 | may acquire any such facilities from a transportation agency, | ||||||
3 | including, without limitation, reserve funds, employees' | ||||||
4 | pension or retirement funds, special funds, franchises, | ||||||
5 | licenses, patents, permits and papers, documents, and records | ||||||
6 | of the transportation agency. | ||||||
7 | (b) In connection with an acquisition under subsection (a) | ||||||
8 | from a transportation agency, the Authority may assume | ||||||
9 | obligations of the transportation agency with regard to such | ||||||
10 | facilities or property or public transportation operations of | ||||||
11 | such agency. | ||||||
12 | (c) In each case in which this Act gives the Authority the | ||||||
13 | power to construct or acquire real or personal property, the | ||||||
14 | Authority may acquire such property by contract, purchase, | ||||||
15 | gift, grant, exchange for other property or rights in | ||||||
16 | property, lease, sublease, or installment or conditional | ||||||
17 | purchase contracts. A lease or contract may provide for | ||||||
18 | consideration to be paid in annual installments during a | ||||||
19 | period not exceeding 40 years. Property may be acquired | ||||||
20 | subject to such conditions, restrictions, liens, or security | ||||||
21 | or other interests of other parties as the Authority deems | ||||||
22 | appropriate, and, in each case, the Authority may acquire a | ||||||
23 | joint, leasehold, easement, license, or other partial interest | ||||||
24 | in such property. Any such acquisition may provide for the | ||||||
25 | assumption of, or agreement to pay, perform, or discharge | ||||||
26 | outstanding or continuing duties, obligations, or liabilities |
| |||||||
| |||||||
1 | of the seller, lessor, donor, or other transferor of or of the | ||||||
2 | trustee with regard to such property. | ||||||
3 | (d) In connection with the acquisition of public | ||||||
4 | transportation equipment, including, but not limited to, | ||||||
5 | rolling stock, vehicles, locomotives, buses, or rapid transit | ||||||
6 | equipment, the Authority may also execute agreements | ||||||
7 | concerning such equipment leases, equipment trust | ||||||
8 | certificates, conditional purchase agreements, and other | ||||||
9 | security agreements and may make such agreements and covenants | ||||||
10 | as required in the form customarily used in such cases | ||||||
11 | appropriate to effect such acquisition. | ||||||
12 | (e) Obligations of the Authority incurred pursuant to this | ||||||
13 | Section shall not be considered bonds or notes within the | ||||||
14 | meaning of Section 6.05. | ||||||
15 | Section 4.11. Public bidding. | ||||||
16 | (a) The Board shall adopt rules to ensure that the | ||||||
17 | acquisition by the Authority of services or public | ||||||
18 | transportation facilities, other than real estate, involving a | ||||||
19 | cost of more than the small purchase threshold set by the | ||||||
20 | Federal Transit Administration and the disposition of all | ||||||
21 | property of the Authority shall be after public notice and | ||||||
22 | with public bidding. | ||||||
23 | (b) The Board shall adopt rules to ensure that the | ||||||
24 | construction, demolition, rehabilitation, renovation, and | ||||||
25 | building maintenance projects by the Authority for services or |
| |||||||
| |||||||
1 | public transportation facilities involving a cost of more than | ||||||
2 | $40,000 or such other amount set by the Board by ordinance | ||||||
3 | shall be after public notice and with public bidding. The | ||||||
4 | ordinance may provide for exceptions to such requirements for | ||||||
5 | acquisition of repair parts, accessories, equipment, or | ||||||
6 | services previously furnished or contracted for; for the | ||||||
7 | immediate delivery of supplies, material, or equipment or | ||||||
8 | performance of service when it is determined by the | ||||||
9 | concurrence of a majority of the then Directors that an | ||||||
10 | emergency requires immediate delivery or supply thereof; for | ||||||
11 | goods or services that are economically procurable from only | ||||||
12 | one source; for contracts for the maintenance or servicing of | ||||||
13 | equipment which are made with the manufacturers or authorized | ||||||
14 | service agent of that equipment where the maintenance or | ||||||
15 | servicing can best be performed by the manufacturer or | ||||||
16 | authorized service agent or such a contract would be otherwise | ||||||
17 | advantageous to the Authority, except that the exceptions in | ||||||
18 | this clause shall not apply to contracts for plumbing, | ||||||
19 | heating, piping, refrigeration, and automatic temperature | ||||||
20 | control systems, ventilating, and distribution systems for | ||||||
21 | conditioned air, and electrical wiring; for goods or services | ||||||
22 | procured from another governmental agency; for purchases and | ||||||
23 | contracts for the use or purchase of data processing equipment | ||||||
24 | and data processing systems software; for the acquisition of | ||||||
25 | professional or utility services; and for the acquisition of | ||||||
26 | public transportation equipment, including, but not limited |
| |||||||
| |||||||
1 | to, rolling stock, locomotives, and buses if: (i) it is | ||||||
2 | determined by the Directors that a negotiated acquisition | ||||||
3 | offers opportunities with respect to the cost or financing of | ||||||
4 | the equipment, its delivery, or the performance of a portion | ||||||
5 | of the work within the State or the use of goods produced or | ||||||
6 | services provided within the State; (ii) a notice of intention | ||||||
7 | to negotiate for the acquisition of such public transportation | ||||||
8 | equipment is published in a newspaper of general circulation | ||||||
9 | within the metropolitan region inviting proposals from | ||||||
10 | qualified vendors; and (iii) any contract with respect to such | ||||||
11 | acquisition is authorized by the Directors. | ||||||
12 | (c) The requirements set forth in this Section do not | ||||||
13 | apply to purchase of service or grant agreements or other | ||||||
14 | contracts, purchases, or sales entered into by the Authority | ||||||
15 | with any transportation agency or unit of local government. | ||||||
16 | (d) The Authority may use a 2-phase design-build selection | ||||||
17 | procedure as follows: | ||||||
18 | (1) The Authority may authorize the use of competitive | ||||||
19 | selection and the prequalification of responsible bidders | ||||||
20 | consistent with all applicable laws. | ||||||
21 | (2) 2-phase design-build selection procedures shall | ||||||
22 | consist of the following: | ||||||
23 | (A) The Authority shall develop, through licensed | ||||||
24 | architects or licensed engineers, a scope of work | ||||||
25 | statement for inclusion in the solicitation for | ||||||
26 | phase-one proposals that defines the project and |
| |||||||
| |||||||
1 | provides prospective offerors with sufficient | ||||||
2 | information regarding the Authority's requirements. | ||||||
3 | The statement shall include criteria and preliminary | ||||||
4 | design, general budget parameters, and general | ||||||
5 | schedule or delivery requirements to enable the | ||||||
6 | offerors to submit proposals which meet the | ||||||
7 | Authority's needs. When the 2-phase design-build | ||||||
8 | selection procedure is used and the Authority | ||||||
9 | contracts for development of the scope of work | ||||||
10 | statement, the Authority shall contract for | ||||||
11 | architectural or engineering services as defined by | ||||||
12 | and in accordance with the Architectural, Engineering, | ||||||
13 | and Land Surveying Qualifications Based Selection Act | ||||||
14 | and all applicable licensing statutes. | ||||||
15 | (B) The evaluation factors to be used in | ||||||
16 | evaluating phase-one proposals must be stated in the | ||||||
17 | solicitation and must include specialized experience | ||||||
18 | and technical competence, capability to perform, past | ||||||
19 | performance of the offeror's team, including the | ||||||
20 | architect-engineer and construction members of the | ||||||
21 | team, and other appropriate technical and | ||||||
22 | qualifications factors. Each solicitation must | ||||||
23 | establish the relative importance assigned to the | ||||||
24 | evaluation factors and the subfactors that must be | ||||||
25 | considered in the evaluation of phase-one proposals on | ||||||
26 | the basis of the evaluation factors set forth in the |
| |||||||
| |||||||
1 | solicitation. Each design-build team must include a | ||||||
2 | licensed design professional independent from the | ||||||
3 | Authority's licensed architect or engineer and a | ||||||
4 | licensed design professional must be named in the | ||||||
5 | phase-one proposals submitted to the Authority. | ||||||
6 | (C) On the basis of the phase-one proposal, the | ||||||
7 | Authority shall select as the most highly qualified | ||||||
8 | the number of offerors specified in the solicitation | ||||||
9 | and request the selected offerors to submit phase-two | ||||||
10 | competitive proposals and cost or price information. | ||||||
11 | Each solicitation must establish the relative | ||||||
12 | importance assigned to the evaluation factors and the | ||||||
13 | subfactors that must be considered in the evaluation | ||||||
14 | of phase-two proposals on the basis of the evaluation | ||||||
15 | factors set forth in the solicitation. The Authority | ||||||
16 | may negotiate with the selected design-build team | ||||||
17 | after award but prior to contract execution for the | ||||||
18 | purpose of securing better terms than originally | ||||||
19 | proposed if the salient features of the design-build | ||||||
20 | solicitation are not diminished. Each phase-two | ||||||
21 | solicitation evaluates separately (i) the technical | ||||||
22 | submission for the proposal, including design concepts | ||||||
23 | or proposed solutions to requirements addressed within | ||||||
24 | the scope of work, and (ii) the evaluation factors and | ||||||
25 | subfactors, including cost or price, that must be | ||||||
26 | considered in the evaluations of proposals. |
| |||||||
| |||||||
1 | (D) A design-build solicitation issued under the | ||||||
2 | procedures in this subsection shall state the maximum | ||||||
3 | number of offerors that are to be selected to submit | ||||||
4 | competitive phase-two proposals. The maximum number | ||||||
5 | specified in the solicitation shall not exceed 5 | ||||||
6 | unless the Authority with respect to an individual | ||||||
7 | solicitation determines that a specified number | ||||||
8 | greater than 5 is in the best interest of the Authority | ||||||
9 | and is consistent with the purposes and objectives of | ||||||
10 | the two-phase design-build selection process. | ||||||
11 | (E) All designs submitted as part of the two-phase | ||||||
12 | selection process and not selected shall be | ||||||
13 | proprietary to the preparers. | ||||||
14 | Section 4.12. Limitations on Authority powers. | ||||||
15 | (a) The Authority may not: | ||||||
16 | (1) require or authorize the operation of, or operate | ||||||
17 | or acquire by eminent domain or otherwise, any public | ||||||
18 | transportation facility or service on terms or in a manner | ||||||
19 | which unreasonably interferes with the ability of a | ||||||
20 | railroad to provide efficient freight or intercity | ||||||
21 | passenger service. This paragraph does not bar the | ||||||
22 | Authority from acquiring title to any property in a manner | ||||||
23 | consistent with this paragraph; | ||||||
24 | (2) obtain by eminent domain any interest in a | ||||||
25 | right-of-way or any other real property of a railroad that |
| |||||||
| |||||||
1 | is not a public body in excess of the interest to be used | ||||||
2 | for public transportation as provided in this Act; or | ||||||
3 | (3) prohibit the operation of public transportation by | ||||||
4 | a private carrier that does not receive a grant or | ||||||
5 | purchase of service agreement from the Authority. | ||||||
6 | (b) If, in connection with any construction, acquisition, | ||||||
7 | or other activity undertaken by or for the Authority or | ||||||
8 | pursuant to any purchase of service or grant agreement with | ||||||
9 | the Authority, a facility of a public utility, as defined in | ||||||
10 | the Public Utilities Act, is removed or relocated from its | ||||||
11 | then-existing site, all costs and expenses of such relocation | ||||||
12 | or removal, including the cost of installing such facilities | ||||||
13 | in a new location or locations, and the cost of any land or | ||||||
14 | lands, interest in land, or any rights required to accomplish | ||||||
15 | such relocation or removal, shall be paid by the Authority. If | ||||||
16 | any such facilities are so relocated onto the properties of | ||||||
17 | the Authority or onto properties made available for that | ||||||
18 | purpose by the Authority, there shall be no rent, fee, or other | ||||||
19 | charge of any kind imposed upon the public utility owning or | ||||||
20 | operating such facilities in excess of that imposed prior to | ||||||
21 | such relocation and such public utility, and its successors | ||||||
22 | and assigns, and the public utility shall be granted the right | ||||||
23 | to operate such facilities in the new location or locations | ||||||
24 | for as long a period and upon the same terms and conditions as | ||||||
25 | it had the right to maintain and operate such facilities in | ||||||
26 | their former location. Nothing in this subsection shall |
| |||||||
| |||||||
1 | prevent the Authority and a transportation agency from | ||||||
2 | agreeing in a purchase of service agreement or otherwise to | ||||||
3 | make different arrangements for such relocations or the costs | ||||||
4 | thereof. | ||||||
5 | Section 4.13. Appointment of officers and employees. | ||||||
6 | (a) The Authority may appoint, retain, and employ | ||||||
7 | officers, attorneys, agents, engineers, and employees. The | ||||||
8 | officers shall include an Executive Director, who shall be the | ||||||
9 | chief executive officer of the Authority, appointed by the | ||||||
10 | Chair with the concurrence of the Board. | ||||||
11 | (b) The Executive Director must be an individual of proven | ||||||
12 | transportation and management skills and may not be a member | ||||||
13 | of the Board, except as provided in subsection (d) of Section | ||||||
14 | 2.07. | ||||||
15 | (c) The Executive Director shall hire and organize the | ||||||
16 | staff of the Authority, shall allocate their functions and | ||||||
17 | duties, shall fix compensation and conditions of employment of | ||||||
18 | the staff of the Authority, and, consistent with the policies | ||||||
19 | of and direction from the Board, take all actions necessary to | ||||||
20 | achieve the Executive Director's purposes, fulfill the | ||||||
21 | Executive Director's responsibilities, and carry out the | ||||||
22 | Executive Director's powers. The Executive Director shall have | ||||||
23 | such other powers and responsibilities as the Board shall | ||||||
24 | determine. | ||||||
25 | (d) The Authority may employ its own professional |
| |||||||
| |||||||
1 | management personnel to provide professional and technical | ||||||
2 | expertise concerning its purposes and powers and to assist it | ||||||
3 | in assessing the performance of the Authority and the | ||||||
4 | transportation agencies in the metropolitan region. | ||||||
5 | (e) No employee, officer, or agent of the Authority may | ||||||
6 | receive a bonus that exceeds 10% of the employee's, officer's, | ||||||
7 | or agent's annual salary unless the Board has approved that | ||||||
8 | bonus. This subsection does not apply to usual and customary | ||||||
9 | salary adjustments or payments made under performance-based | ||||||
10 | compensation plans adopted pursuant to Section 5.04. | ||||||
11 | (f) Unlawful discrimination, as defined and prohibited in | ||||||
12 | the Illinois Human Rights Act, shall not be made in any term or | ||||||
13 | aspect of employment and there may not be discrimination based | ||||||
14 | upon political reasons or factors. The Authority shall | ||||||
15 | establish regulations to ensure that its discharges shall not | ||||||
16 | be arbitrary and that hiring and promotion are based on merit. | ||||||
17 | (g) The Authority is subject to the Illinois Human Rights | ||||||
18 | Act and the remedies and procedures established under that | ||||||
19 | Act. The Authority shall file an affirmative action program | ||||||
20 | for employment by it with the Department of Human Rights to | ||||||
21 | ensure that applicants are employed and that employees are | ||||||
22 | treated during employment, without regard to unlawful | ||||||
23 | discrimination. Such affirmative action program shall include | ||||||
24 | provisions relating to hiring, upgrading, demotion, transfer, | ||||||
25 | recruitment, recruitment advertising, selection for training, | ||||||
26 | and rates of pay or other forms of compensation. |
| |||||||
| |||||||
1 | Section 4.14. Policy with respect to protective | ||||||
2 | arrangements, collective bargaining, and labor relations. | ||||||
3 | (a) The Authority shall ensure that every employee of the | ||||||
4 | Authority or a transportation agency shall receive fair and | ||||||
5 | equitable protection against actions of the Authority, which | ||||||
6 | shall not be less than those established pursuant to Section | ||||||
7 | 13(c) of the Urban Mass Transportation Act of 1964, as amended | ||||||
8 | (49 U.S.C. 1609(c)), and Section 405(b) of the Rail Passenger | ||||||
9 | Service Act of 1970, as amended (45 U.S.C. 565(b)), and as | ||||||
10 | prescribed by the United States Secretary of Labor under those | ||||||
11 | Acts at the time of the protective agreement or arbitration | ||||||
12 | decision providing protection. | ||||||
13 | (b) There shall be no limitation on freedom of association | ||||||
14 | among employees of the Authority nor any denial of the right of | ||||||
15 | employees to join or support a labor organization and to | ||||||
16 | bargain collectively through representatives of their own | ||||||
17 | choosing. | ||||||
18 | (c) The Authority and the duly accredited representatives | ||||||
19 | of employees shall have the obligation to bargain collectively | ||||||
20 | in good faith, and the Authority shall enter into written | ||||||
21 | collective bargaining agreements with such representatives. | ||||||
22 | (d) As used in this Section, "actions of the Authority" | ||||||
23 | includes the Authority's acquisition and operation of public | ||||||
24 | transportation facilities, the execution of purchase of | ||||||
25 | service and grant agreements made under this Act and the |
| |||||||
| |||||||
1 | coordination, reorganization, combining, leasing, merging of | ||||||
2 | operations, or the expansion or curtailment of public | ||||||
3 | transportation services or facilities by the Authority. | ||||||
4 | "Actions of the Authority" does not include a failure or | ||||||
5 | refusal to enter into a purchase of service or grant | ||||||
6 | agreement. | ||||||
7 | Section 4.15. Employee protection. The Authority shall | ||||||
8 | negotiate or arrange for the negotiation of such fair and | ||||||
9 | equitable employee arrangements with the employees, through | ||||||
10 | their accredited representatives authorized to act for them. | ||||||
11 | If agreement cannot be reached on the terms of such protective | ||||||
12 | arrangement, any party may submit any matter in dispute to | ||||||
13 | arbitration. In such arbitration, each party shall have the | ||||||
14 | right to select nonvoting arbitration board members. The | ||||||
15 | impartial arbitrator shall be selected by the American | ||||||
16 | Arbitration Association and appointed from a current listing | ||||||
17 | of the membership of the National Academy of Arbitrators, upon | ||||||
18 | request of any party. The impartial arbitrator's decision | ||||||
19 | shall be final and binding on all parties. Each party shall pay | ||||||
20 | an equal proportionate share of the impartial arbitrator's | ||||||
21 | fees and expenses. | ||||||
22 | Section 4.16. Employee pensions. The Authority may | ||||||
23 | establish and maintain systems of pensions and retirement | ||||||
24 | benefits for officers and employees of the Authority as may be |
| |||||||
| |||||||
1 | designated or described by ordinance of the Authority; may fix | ||||||
2 | the classifications of the systems of pensions and retirement; | ||||||
3 | may take such steps as may be necessary to provide that persons | ||||||
4 | eligible for admission to the pension systems as officers and | ||||||
5 | employees of the Authority or of a transportation agency whose | ||||||
6 | operations are financed in whole or in part by the Authority, | ||||||
7 | including that the officers and employees shall retain | ||||||
8 | eligibility for admission to or continued coverage and | ||||||
9 | participation under Title II of the federal Social Security | ||||||
10 | Act, as amended, and the related provisions of the Federal | ||||||
11 | Insurance Contributions Act, as amended, the federal Railroad | ||||||
12 | Retirement Act, as amended, and the Railroad Retirement Tax | ||||||
13 | Act, as amended, as the case may be; and may provide, in | ||||||
14 | connection with the pension systems, a system of benefits | ||||||
15 | payable to the beneficiaries and dependents of a participant | ||||||
16 | in the pension systems after the death of the participant, | ||||||
17 | whether accidental or otherwise, whether occurring in the | ||||||
18 | actual performance of duty or otherwise, or both, subject to | ||||||
19 | exceptions, conditions, restrictions, and classifications as | ||||||
20 | may be provided by ordinance of the Authority. The pension | ||||||
21 | systems shall be financed or funded by means and in a manner as | ||||||
22 | may be determined by the Authority to be economically | ||||||
23 | feasible. | ||||||
24 | Section 4.17. Labor contracts. | ||||||
25 | (a) The Authority shall deal with and enter into written |
| |||||||
| |||||||
1 | contracts with employees of the Authority through accredited | ||||||
2 | representatives of the employees authorized to act for the | ||||||
3 | employees concerning wages, salaries, hours, working | ||||||
4 | conditions, and pension or retirement provisions. However, | ||||||
5 | nothing in this Act shall be construed to permit hours of labor | ||||||
6 | in excess of those prohibited by law or to permit working | ||||||
7 | conditions prohibited by law. | ||||||
8 | (b) If the Authority acquires the public transportation | ||||||
9 | facilities of a transportation agency and operates such | ||||||
10 | facilities, all employees actively engaged in the operation of | ||||||
11 | the facilities shall be transferred to and appointed as | ||||||
12 | employees of the Authority, subject to all the rights and | ||||||
13 | benefits of Sections 4.14 through 4.18, and the Authority | ||||||
14 | shall assume and observe all applicable labor contracts and | ||||||
15 | pension obligations. These employees shall be given seniority | ||||||
16 | credit and sick leave, vacation, insurance, and pension | ||||||
17 | credits in accordance with the records or labor agreements | ||||||
18 | from the acquired transportation system. Members and | ||||||
19 | beneficiaries of any pension or retirement system or other | ||||||
20 | benefits established by the acquired transportation system | ||||||
21 | shall continue to have rights, privileges, benefits, | ||||||
22 | obligations, and status with respect to the established | ||||||
23 | retirement or retirement system. The Authority shall assume | ||||||
24 | the obligations of any transportation system acquired by it | ||||||
25 | with regard to wages, salaries, hours, working conditions, | ||||||
26 | sick leave, health and welfare, and pension or retirement |
| |||||||
| |||||||
1 | provisions for these employees. The Authority and the | ||||||
2 | employees, through their representatives for collective | ||||||
3 | bargaining purposes, shall take whatever action may be | ||||||
4 | necessary to have pension trust funds presently under the | ||||||
5 | joint control of such transportation agency and the | ||||||
6 | participating employees through their representatives | ||||||
7 | transferred to the trust funds to be established, maintained, | ||||||
8 | and administered jointly by the Authority and the | ||||||
9 | participating employees through their representatives. | ||||||
10 | (c) If the Authority takes any of the actions specified in | ||||||
11 | subsection (d) of Section 4.14, it shall do so only after | ||||||
12 | meeting the requirements of subsection (a) of Section 4.14 and | ||||||
13 | Section 4.15. If the Authority acquires and operates the | ||||||
14 | public transportation facilities of a transportation agency | ||||||
15 | engaged in the transportation of persons by railroad, it shall | ||||||
16 | do so only in such manner as to ensure the continued | ||||||
17 | applicability to the railroad employees affected thereby of | ||||||
18 | the provisions of all federal statutes then applicable to them | ||||||
19 | and a continuation of their existing collective bargaining | ||||||
20 | agreements until the provisions of said agreements can be | ||||||
21 | renegotiated by representatives of the Authority and the | ||||||
22 | representatives of said employees duly designated as such | ||||||
23 | pursuant to the terms and provisions of the Railway Labor Act, | ||||||
24 | as amended (45 U.S.C. 151 et seq.). However, nothing in this | ||||||
25 | subsection shall prevent the abandonment of such facilities, | ||||||
26 | the discontinuance of such operations pursuant to applicable |
| |||||||
| |||||||
1 | law, or the substitution of other operations or facilities for | ||||||
2 | such operations or facilities, whether by merger, | ||||||
3 | consolidation, coordination, or otherwise. If new or | ||||||
4 | supplemental operations or facilities are substituted | ||||||
5 | therefore, the provisions of Section 4.18 shall be applicable, | ||||||
6 | and all questions concerning the selection of forces to | ||||||
7 | perform the work of such new or supplemental facilities or | ||||||
8 | operations and whether the Authority shall be required to | ||||||
9 | ensure the continued applicability of the federal statutes | ||||||
10 | applicable to such employees shall be negotiated and, if | ||||||
11 | necessary, arbitrated, in accordance with subsection (a) of | ||||||
12 | Section 4.18. | ||||||
13 | Section 4.18. Labor relations procedures. | ||||||
14 | (a) If the Authority proposes to operate or to enter into a | ||||||
15 | contract to operate any new public transportation facility | ||||||
16 | which may result in the displacement of employees or the | ||||||
17 | rearrangement of the working forces of the Authority or of a | ||||||
18 | transportation agency, the Authority shall give at least 90 | ||||||
19 | days' written notice of such proposed operations to the | ||||||
20 | representatives of the employees affected, and the Authority | ||||||
21 | shall provide for the selection of forces to perform the work | ||||||
22 | of that facility on the basis of agreement between the | ||||||
23 | Authority and the representatives of such employees. If there | ||||||
24 | is a failure to agree, the dispute may be submitted by the | ||||||
25 | Authority or by any representative of the employees affected |
| |||||||
| |||||||
1 | to final and binding arbitration by an impartial arbitrator to | ||||||
2 | be selected by the American Arbitration Association from a | ||||||
3 | current listing of arbitrators of the National Academy of | ||||||
4 | Arbitrators. | ||||||
5 | (b) If there is a labor dispute not otherwise governed by | ||||||
6 | this Act, by the Labor Management Relations Act of 1947, as | ||||||
7 | amended, by the Railway Labor Act, as amended, or by impasse | ||||||
8 | resolution provisions in a collective bargaining or protective | ||||||
9 | agreement involving the Authority or any transportation agency | ||||||
10 | financed, in whole or in part, by the Authority and the | ||||||
11 | employees of the Authority or of any such transportation | ||||||
12 | agency that is not settled by the parties thereto within 30 | ||||||
13 | days from the date of commencement of negotiations, either | ||||||
14 | party may request the assistance of a mediator appointed by | ||||||
15 | either the State or Federal Mediation and Conciliation | ||||||
16 | Service, who shall seek to resolve the dispute. If the dispute | ||||||
17 | is not resolved by mediation within a reasonable period, the | ||||||
18 | mediator shall certify to the parties that an impasse exists. | ||||||
19 | Upon receipt of the mediator's certification, any party to the | ||||||
20 | dispute may, within 7 days, submit the dispute to a | ||||||
21 | fact-finder who shall be selected by the parties pursuant to | ||||||
22 | the rules of the American Arbitration Association from a | ||||||
23 | current listing of members of the National Academy of | ||||||
24 | Arbitrators supplied by the American Arbitration Association. | ||||||
25 | The fact-finder shall have the duty to hold hearings, or | ||||||
26 | otherwise take evidence from the parties under such other |
| |||||||
| |||||||
1 | arrangements as they may agree. Upon completion of the | ||||||
2 | parties' submissions, the fact-finder may issue and make | ||||||
3 | public findings and recommendations or refer the dispute back | ||||||
4 | to the parties for such other appropriate action as the | ||||||
5 | fact-finder may recommend. If the parties do not reach | ||||||
6 | agreement after the issuance of the fact-finder's report and | ||||||
7 | recommendations, or, in cases where neither party requests | ||||||
8 | fact-finding, the Authority shall offer to submit the dispute | ||||||
9 | to arbitration by a board composed of 3 persons, one appointed | ||||||
10 | by the Authority, one appointed by the labor organization | ||||||
11 | representing the employees, and a third member to be agreed | ||||||
12 | upon by the labor organization and the Authority. The member | ||||||
13 | agreed upon by the labor organization and the Authority shall | ||||||
14 | act as Chair of the board. The determination of the majority of | ||||||
15 | the board of arbitration thus established shall be final and | ||||||
16 | binding on all matters in dispute. If, after a period of 10 | ||||||
17 | days from the date of the appointment of the 2 arbitrators | ||||||
18 | representing the Authority and the labor organization, the | ||||||
19 | third arbitrator has not been selected, then either arbitrator | ||||||
20 | may request the American Arbitration Association to furnish | ||||||
21 | from a current listing of the membership of the National | ||||||
22 | Academy of Arbitrators the names of 7 such members of the | ||||||
23 | National Academy from which the third arbitrator shall be | ||||||
24 | selected. The arbitrators appointed by the Authority and the | ||||||
25 | labor organization, promptly after the receipt of such list, | ||||||
26 | shall determine by lot the order of elimination, and, |
| |||||||
| |||||||
1 | thereafter, each shall in that order alternately eliminate one | ||||||
2 | name until only one name remains. The remaining person on the | ||||||
3 | list shall be the third arbitrator. Each party shall pay | ||||||
4 | one-half of the expenses of such arbitration. | ||||||
5 | As used in this subsection, "labor dispute" shall be | ||||||
6 | broadly construed and shall include any controversy concerning | ||||||
7 | wages, salaries, hours, working conditions, or benefits, | ||||||
8 | including health and welfare, sick leave, insurance, or | ||||||
9 | pension or retirement provisions, but not limited thereto. | ||||||
10 | "Labor dispute" includes any controversy concerning any | ||||||
11 | differences or questions that may arise between the parties, | ||||||
12 | including, but not limited to, the making or maintaining of | ||||||
13 | collective bargaining agreements, the terms to be included in | ||||||
14 | such agreements, and the interpretation or application of such | ||||||
15 | collective bargaining agreements and any grievance that may | ||||||
16 | arise. | ||||||
17 | Section 4.19. Workforce development. | ||||||
18 | (a) The Authority shall create or partner with a youth | ||||||
19 | jobs program to provide internship or employment opportunities | ||||||
20 | to youth and young adults to prepare them for careers in public | ||||||
21 | transportation. | ||||||
22 | (b) The Authority may participate in and provide funding | ||||||
23 | support for programs that prepare participants for careers in | ||||||
24 | public transportation. |
| |||||||
| |||||||
1 | Section 4.20. Disadvantaged business enterprise | ||||||
2 | contracting and equal employment opportunity programs. | ||||||
3 | (a) The Authority shall establish and maintain a | ||||||
4 | disadvantaged business enterprise contracting program designed | ||||||
5 | to ensure nondiscrimination in the award and administration of | ||||||
6 | contracts not covered under a federally mandated disadvantaged | ||||||
7 | business enterprise program. The program shall establish | ||||||
8 | narrowly tailored goals for the participation of disadvantaged | ||||||
9 | business enterprises as the Authority determines appropriate. | ||||||
10 | The goals shall be based on demonstrable evidence of the | ||||||
11 | availability of ready, willing, and able disadvantaged | ||||||
12 | business enterprises relative to all businesses ready, | ||||||
13 | willing, and able to participate in the program's contracts. | ||||||
14 | The program shall require the Authority to monitor the | ||||||
15 | progress of the contractors' obligations with respect to the | ||||||
16 | program's goals. Nothing in this program shall conflict with | ||||||
17 | or interfere with the maintenance or operation of, or | ||||||
18 | compliance with, any federally mandated disadvantaged business | ||||||
19 | enterprise program. | ||||||
20 | (b) The Authority shall establish and maintain a program | ||||||
21 | designed to promote equal employment opportunity. Each year, | ||||||
22 | no later than October 1, the Authority shall report to the | ||||||
23 | General Assembly on the number of the Authority's respective | ||||||
24 | employees and the number of the Authority's respective | ||||||
25 | employees who have designated themselves as members of a | ||||||
26 | minority group and minority gender. |
| |||||||
| |||||||
1 | (c) Each year, no later than October 1, and starting no | ||||||
2 | later than the first October 1 after the establishment of its | ||||||
3 | disadvantaged business enterprise contracting programs, the | ||||||
4 | Authority shall submit a report with respect to such program | ||||||
5 | to the General Assembly. | ||||||
6 | (d) Each year, no later than October 1, the Authority | ||||||
7 | shall submit a copy of its federally mandated semi-annual | ||||||
8 | Uniform Report of Disadvantaged Business Enterprises Awards or | ||||||
9 | Commitments and Payments to the General Assembly. | ||||||
10 | (e) The Authority shall use the Illinois Works Job Program | ||||||
11 | and other job training and job creation programs to the extent | ||||||
12 | allowed by law and operationally feasible. | ||||||
13 | Section 4.21. Research and development. The Authority | ||||||
14 | shall: | ||||||
15 | (1) study public transportation problems and | ||||||
16 | developments; encourage experimentation in developing new | ||||||
17 | public transportation technology, financing methods, and | ||||||
18 | management procedures; | ||||||
19 | (2) conduct, in cooperation with other public and | ||||||
20 | private agencies, studies, demonstrations, and development | ||||||
21 | projects to test and develop methods for improving public | ||||||
22 | transportation, for reducing its costs to users, or for | ||||||
23 | increasing public use; and | ||||||
24 | (3) conduct, sponsor, and participate in other studies | ||||||
25 | and experiments, which may include fare demonstration |
| |||||||
| |||||||
1 | programs and transportation technology pilot programs, in | ||||||
2 | conjunction with public agencies, including the United | ||||||
3 | States Department of Transportation, the Illinois | ||||||
4 | Department of Transportation, the Illinois State Toll | ||||||
5 | Highway Authority, and the Chicago Metropolitan Agency for | ||||||
6 | Planning, useful to achieving the purposes of this Act. | ||||||
7 | Section 4.22. Protection of the environment. | ||||||
8 | (a) The Authority shall take all feasible and prudent | ||||||
9 | steps to minimize environmental disruption and pollution | ||||||
10 | arising from its activities and from public transportation | ||||||
11 | activities of transportation agencies acting pursuant to | ||||||
12 | purchase of service or grant agreements. In carrying out its | ||||||
13 | purposes and powers under this Act, the Authority shall seek | ||||||
14 | to reduce environmental disruption and pollution arising from | ||||||
15 | all forms of transportation of persons within the metropolitan | ||||||
16 | region. The Authority shall employ persons with skills and | ||||||
17 | responsibilities for determining how to minimize such | ||||||
18 | disruption and pollution. | ||||||
19 | (b) In recognition of the fact that the transportation | ||||||
20 | sector accounts for approximately a third of the greenhouse | ||||||
21 | gases generated in the State and that public transportation | ||||||
22 | moves people with fewer such emissions, the Authority shall | ||||||
23 | work cooperatively with the Department of Transportation, the | ||||||
24 | Illinois State Toll Highway Authority, the Chicago | ||||||
25 | Metropolitan Agency for Planning, and other units of |
| |||||||
| |||||||
1 | government to assist them in using investments in public | ||||||
2 | transportation facilities and operations as a tool to help | ||||||
3 | them meet their greenhouse gas emissions reduction goals. To | ||||||
4 | the maximum extent allowed by law, the Authority is eligible | ||||||
5 | to receive funding and other assistance from local, state, and | ||||||
6 | federal sources so the Authority can assist in using improved | ||||||
7 | and expanded public transportation in the metropolitan region | ||||||
8 | to reduce greenhouse gas emissions and other pollution | ||||||
9 | generated by the transportation sector. | ||||||
10 | (c) Subject to all applicable laws, the Authority may | ||||||
11 | participate in market-based environmental remediation | ||||||
12 | programs, including, but not limited to, carbon emissions | ||||||
13 | markets, through which the Authority can realize revenue | ||||||
14 | reflecting the value of greenhouse gas emissions reductions it | ||||||
15 | delivers through public transportation services in the | ||||||
16 | metropolitan region. | ||||||
17 | Section 4.23. Bikeways and trails. The Authority may use | ||||||
18 | its funds, personnel, and other resources to acquire, | ||||||
19 | construct, operate, and maintain on-road and off-road | ||||||
20 | bikeways, bike lanes, and trails that connect people to public | ||||||
21 | transportation facilities and services. The Authority shall | ||||||
22 | cooperate with other governmental and private agencies in | ||||||
23 | bikeway and trail programs. | ||||||
24 | Section 4.24. Clean, green, or alternative fuel vehicles. |
| |||||||
| |||||||
1 | Any vehicles purchased from funds made available to the | ||||||
2 | Authority from the Transportation Bond, Series B Fund, or the | ||||||
3 | Multi-modal Transportation Bond Fund must incorporate | ||||||
4 | technologies advancing energy commonly known as clean or green | ||||||
5 | energy and alternative fuel technologies, to the extent | ||||||
6 | practical. | ||||||
7 | Section 4.25. Zero-emission buses. | ||||||
8 | (a) As used in this Section: | ||||||
9 | "Zero-emission bus" means a bus that is: | ||||||
10 | (1) designed to carry more than 10 passengers and is | ||||||
11 | used to carry passengers for compensation; | ||||||
12 | (2) a zero-emission vehicle; and | ||||||
13 | (3) not a taxi. | ||||||
14 | "Zero-emission vehicle" means a fuel cell or electric | ||||||
15 | vehicle that: | ||||||
16 | (1) is a motor vehicle; | ||||||
17 | (2) is made by a commercial manufacturer; | ||||||
18 | (3) is manufactured primarily for use on public | ||||||
19 | streets, roads, and highways; | ||||||
20 | (4) has a maximum speed capability of at least 55 | ||||||
21 | miles per hour; | ||||||
22 | (5) is powered entirely by electricity or powered by | ||||||
23 | combining hydrogen and oxygen, which runs the motor; | ||||||
24 | (6) has an operating range of at least one hundred | ||||||
25 | miles; and |
| |||||||
| |||||||
1 | (7) produces only water vapor and heat as byproducts. | ||||||
2 | (b) On or after July 1, 2026, the Authority may not enter | ||||||
3 | into a new contract to purchase a bus that is not a | ||||||
4 | zero-emission bus for the purpose of the Authority's bus | ||||||
5 | fleet. | ||||||
6 | (c) For the purposes of determining compliance with this | ||||||
7 | Section, the Authority is not in violation of this Section | ||||||
8 | when failure to comply is due to: | ||||||
9 | (i) the unavailability of zero-emission buses from a | ||||||
10 | manufacturer or funding to purchase zero-emission buses; | ||||||
11 | (ii) the lack of necessary charging, fueling, or | ||||||
12 | storage facilities or funding to procure charging, | ||||||
13 | fueling, or storage facilities; or | ||||||
14 | (iii) the inability of a third party to enter into a | ||||||
15 | contractual or commercial relationship with the Authority | ||||||
16 | that is necessary to carry out the purposes of this | ||||||
17 | Section. | ||||||
18 | Section 4.26. City-Suburban Mobility Innovations Program. | ||||||
19 | (a) The Authority may establish a City-Suburban Mobility | ||||||
20 | Innovations Program and deposit moneys into a City-Suburban | ||||||
21 | Mobility Innovations Fund. Amounts on deposit in the Fund and | ||||||
22 | interest and other earnings on those amounts may be used by the | ||||||
23 | Authority with the approval of the Board and, after a | ||||||
24 | competitive application and scoring process that includes an | ||||||
25 | opportunity for public participation, for operating or capital |
| |||||||
| |||||||
1 | grants or loans to transportation agencies or units of local | ||||||
2 | government for the following purposes: | ||||||
3 | (1) providing transit services, other than traditional | ||||||
4 | fixed-route services, that enhance local mobility, | ||||||
5 | including, but not limited to, demand-responsive transit | ||||||
6 | services, ridesharing, van pooling, micromobility and | ||||||
7 | mobility hubs, and first-mile and last-mile services; | ||||||
8 | (2) enhancing safe access to fixed-route transit | ||||||
9 | services for bicyclists and pedestrians through | ||||||
10 | improvements to sidewalk and path networks, bicycle lanes, | ||||||
11 | crosswalks, lighting, and other improvements; | ||||||
12 | (3) offering workforce development and training that | ||||||
13 | provides a pathway for careers in public transportation in | ||||||
14 | the metropolitan region; and | ||||||
15 | (4) testing new technologies, features, and | ||||||
16 | enhancements to the transit system to determine their | ||||||
17 | value and readiness for broader adoption. | ||||||
18 | (b) The Authority shall develop and publish scoring | ||||||
19 | criteria that it will use in making awards from the | ||||||
20 | City-Suburban Mobility Innovations Fund. | ||||||
21 | (c) Any grantee that receives funds under this Section | ||||||
22 | must (i) implement such programs within one year of receipt of | ||||||
23 | such funds and (ii) within 2 years following commencement of | ||||||
24 | any program using such funds, determine whether it is | ||||||
25 | desirable to continue the program, and upon such a | ||||||
26 | determination, either incorporate such program into its annual |
| |||||||
| |||||||
1 | operating budget and capital program or discontinue such | ||||||
2 | program. No additional funds under this Section may be | ||||||
3 | distributed to a grantee for any individual program beyond 2 | ||||||
4 | years unless the Board waives this limitation. Any such waiver | ||||||
5 | will be with regard to an individual program and with regard to | ||||||
6 | a one-year period, and any further waivers for such individual | ||||||
7 | program require a subsequent vote of the Board. | ||||||
8 | (d) The Authority may reallocate unused funds deposited | ||||||
9 | into the City-Suburban Mobility Innovations Fund to other | ||||||
10 | Authority purposes and programs. | ||||||
11 | Section 4.27. Transit-Supportive Development Incentive | ||||||
12 | Program. | ||||||
13 | (a) As used in this Section, "transit-supportive | ||||||
14 | development" means commercial or residential development that | ||||||
15 | is designed to expand the public transportation ridership base | ||||||
16 | or to effectively connect transit users to such developments. | ||||||
17 | "Transit-supportive development" includes, but is not limited | ||||||
18 | to, laws and policies that further these objectives, capital | ||||||
19 | improvements that foster communities with high per capita | ||||||
20 | transit ridership, and transit operation improvements that | ||||||
21 | support efforts to build communities with high per capita | ||||||
22 | transit ridership. | ||||||
23 | (b) The Authority may establish a Transit-Supportive | ||||||
24 | Development Incentive Program and authorize the deposit of | ||||||
25 | Authority moneys into a Transit-Supportive Development |
| |||||||
| |||||||
1 | Incentive Fund. Amounts on deposit in the fund and interest | ||||||
2 | and other earnings on those amounts may be used by the | ||||||
3 | Authority, with the approval of its Directors and after a | ||||||
4 | competitive application and scoring process that includes an | ||||||
5 | opportunity for public participation, for operating or capital | ||||||
6 | grants or loans to Service Boards, transportation agencies, or | ||||||
7 | units of local government for the following purposes: | ||||||
8 | (1) investment in transit-supportive residential and | ||||||
9 | commercial development, including developments on or in | ||||||
10 | the vicinity of property owned by the Authority, an | ||||||
11 | Operating Division, or a transportation agency; | ||||||
12 | (2) grants to local governments to help cover the cost | ||||||
13 | of drafting and implementing land use, parking, and other | ||||||
14 | laws that are intended to encourage and will reasonably | ||||||
15 | have the effect of allowing or supporting | ||||||
16 | transit-supportive residential and commercial | ||||||
17 | development; and | ||||||
18 | (3) providing resources for increased public | ||||||
19 | transportation service in and around transit-supportive | ||||||
20 | residential and commercial developments, especially newly | ||||||
21 | created transit-supportive developments. | ||||||
22 | (c) The Authority shall develop and publish scoring | ||||||
23 | criteria that it will use in making awards from the | ||||||
24 | Transit-Supportive Development Incentive Fund. Such scoring | ||||||
25 | criteria shall prioritize high-density development in and in | ||||||
26 | the near vicinity of public transportation stations and routes |
| |||||||
| |||||||
1 | and shall prioritize projects that (i) are likely to increase | ||||||
2 | per capita public transportation ridership, (ii) serve | ||||||
3 | disadvantaged and transit populations, and (iii) are located | ||||||
4 | in jurisdictions that have land use and other policies that | ||||||
5 | encourage the level of residential density and concentration | ||||||
6 | of businesses in walkable districts accessible by public | ||||||
7 | transportation required to support financially viable public | ||||||
8 | transportation service with substantial ridership. | ||||||
9 | (d) Any grantee that receives funds under this Section | ||||||
10 | must (i) implement such programs within one year of receipt of | ||||||
11 | such funds and (ii) within 2 years following commencement of | ||||||
12 | any program utilizing such funds, determine whether it has | ||||||
13 | resulted in increased use of public transit by those residing | ||||||
14 | in the area covered by the program or those accessing the area | ||||||
15 | from outside the area. No additional funds under this Section | ||||||
16 | may be distributed to a grantee for any individual program | ||||||
17 | beyond 2 years unless the Board of the Authority waives this | ||||||
18 | limitation. Any such waiver will be with regard to an | ||||||
19 | individual program and with regard to a one-year period, and | ||||||
20 | any further waivers for such individual program require a | ||||||
21 | subsequent vote of the Board. | ||||||
22 | (e) The Authority may reallocate unused funds deposited | ||||||
23 | into the Transit-Supportive Development Incentive Fund to | ||||||
24 | other Authority purposes and programs. | ||||||
25 | Section 4.28. Coordination with planning agencies. The |
| |||||||
| |||||||
1 | Authority shall cooperate with the various public agencies | ||||||
2 | charged with the responsibility for long-range or | ||||||
3 | comprehensive planning for the metropolitan region. The | ||||||
4 | Authority shall use the forecasts and plans of the Chicago | ||||||
5 | Metropolitan Agency for Planning in developing the Strategic | ||||||
6 | Plan, Five-Year Capital Program, and Service Standards. The | ||||||
7 | Authority shall, prior to the adoption of a Strategic Plan or | ||||||
8 | Five-Year Capital Program, submit its proposals to such | ||||||
9 | agencies for review and comment. The Authority may make use of | ||||||
10 | existing studies, surveys, plans, data, and other materials in | ||||||
11 | the possession of a State agency or department, a planning | ||||||
12 | agency, or a unit of local government. | ||||||
13 | Section 4.29. Planning activities. | ||||||
14 | (a) The Authority may adopt subregional or corridor plans | ||||||
15 | for specific geographic areas of the metropolitan region in | ||||||
16 | order to improve the adequacy, efficiency, equity, and | ||||||
17 | coordination of existing, or the delivery of new, public | ||||||
18 | transportation. Such plans may also address areas outside the | ||||||
19 | metropolitan region that may impact public transportation use | ||||||
20 | in the metropolitan region. | ||||||
21 | (b) In preparing a subregional or corridor plan, the | ||||||
22 | Authority may examine travel markets, demographic shifts, | ||||||
23 | changes in passenger behavior, preferences, or attitudes, and | ||||||
24 | other pertinent factors to identify changes in operating | ||||||
25 | practices or capital investment in the subregion or corridor |
| |||||||
| |||||||
1 | that could increase ridership, reduce costs, improve | ||||||
2 | coordination, or enhance transit-oriented development. | ||||||
3 | (c) The Authority shall have principal responsibility for | ||||||
4 | initiating any alternatives analysis and preliminary | ||||||
5 | environmental assessment required by federal or State law for | ||||||
6 | any new public transportation service or facility in the | ||||||
7 | metropolitan region in addition to conducting public and | ||||||
8 | stakeholder engagement activities to inform planning | ||||||
9 | decisions. | ||||||
10 | Section 4.30. Protection against crime; transit ambassador | ||||||
11 | program. | ||||||
12 | (a) The Authority shall cooperate with the various State, | ||||||
13 | municipal, county, and transportation agency police forces in | ||||||
14 | the metropolitan region for the protection of employees and | ||||||
15 | consumers of public transportation services and public | ||||||
16 | transportation facilities against crime. | ||||||
17 | (b) The Authority may provide by ordinance for an | ||||||
18 | Authority police force to aid, coordinate, and supplement | ||||||
19 | other police forces in protecting persons and property and | ||||||
20 | reducing the threats of crime with regard to public | ||||||
21 | transportation. Such police shall have the same powers with | ||||||
22 | regard to the protection of persons and property as those | ||||||
23 | exercised by police of municipalities and may include members | ||||||
24 | of other police forces in the metropolitan region. | ||||||
25 | (c) The Authority shall establish minimum standards for |
| |||||||
| |||||||
1 | selection and training of members of a police force employed | ||||||
2 | by the Authority. Training shall be accomplished at schools | ||||||
3 | certified by the Illinois Law Enforcement Training Standards | ||||||
4 | Board established pursuant to the Illinois Police Training | ||||||
5 | Act. Such training is subject to the rules and standards | ||||||
6 | adopted pursuant to Section 7 of that Act. The Authority may | ||||||
7 | participate in any training program conducted under that Act. | ||||||
8 | (d) The Authority may provide for the coordination or | ||||||
9 | consolidation of security services and police forces | ||||||
10 | maintained with regard to public transportation services and | ||||||
11 | facilities by various transportation agencies and may contract | ||||||
12 | with any municipality or county in the metropolitan region to | ||||||
13 | provide protection of persons or property with regard to | ||||||
14 | public transportation. Employees of the Authority or of any | ||||||
15 | transportation agency affected by any action of the Authority | ||||||
16 | under this Section are covered under the protections set forth | ||||||
17 | in Section 4.15. | ||||||
18 | (e) The Authority shall implement a transit ambassador | ||||||
19 | program following industry best practices to improve safety | ||||||
20 | and customer service in the public transportation system. | ||||||
21 | (f) The Authority shall evaluate the efficacy of policing | ||||||
22 | and transit ambassador programs on a regular basis, no less | ||||||
23 | than every 5 years in conjunction with its adoption of its | ||||||
24 | Strategic Plan, and make appropriate adjustments to such | ||||||
25 | programs. | ||||||
26 | (g) The Authority may perform fare inspections and issue |
| |||||||
| |||||||
1 | fare violation tickets using personnel other than law | ||||||
2 | enforcement, including transit ambassadors. | ||||||
3 | (h) Neither the Authority nor any of their Directors, | ||||||
4 | officers, or employees may be held liable for failure to | ||||||
5 | provide a security or police force or, if a security or police | ||||||
6 | force is provided, for failure to provide adequate police | ||||||
7 | protection or security, failure to prevent the commission of | ||||||
8 | crimes by fellow passengers or other third persons, or for the | ||||||
9 | failure to apprehend criminals. | ||||||
10 | Section 4.31. Traffic law enforcement. | ||||||
11 | (a) The Authority may cooperate with local governments and | ||||||
12 | law enforcement agencies in the metropolitan region on the | ||||||
13 | enforcement of laws designed to protect the quality and safety | ||||||
14 | of public transportation operations, such as laws prohibiting | ||||||
15 | unauthorized vehicles from blocking bus stops, bus lanes, or | ||||||
16 | other facilities dedicated for use by transit vehicles and | ||||||
17 | transit users. | ||||||
18 | (b) Local governments and law enforcement agencies in the | ||||||
19 | metropolitan region are authorized to accept photographic, | ||||||
20 | video, or other records derived from cameras and other sensors | ||||||
21 | on public transportation vehicles and facilities as prima | ||||||
22 | facie evidence of a violation of laws that protect the quality | ||||||
23 | and safety of public transportation operations. | ||||||
24 | (c) The Authority may establish by rule an enforcement | ||||||
25 | program that covers jurisdictions in the metropolitan region |
| |||||||
| |||||||
1 | that lack laws that protect the quality and safety of public | ||||||
2 | transportation operations or that, in the Authority's sole | ||||||
3 | discretion, fail to adequately enforce such laws. | ||||||
4 | (d) An enforcement program established under this Section | ||||||
5 | shall contain the following elements: | ||||||
6 | (1) clear definitions of what constitutes a violation, | ||||||
7 | such as specifying the number of feet around bus stops | ||||||
8 | where unauthorized vehicles are prohibited from parking; | ||||||
9 | (2) publication on the Authority's website of | ||||||
10 | descriptions and locations of public transportation | ||||||
11 | facilities that are subject to the Authority's enforcement | ||||||
12 | program and other pertinent information about the | ||||||
13 | enforcement program; | ||||||
14 | (3) a description of the types of evidence, such as | ||||||
15 | bus camera photos or video, which are sufficient to make a | ||||||
16 | prima facie case that a vehicle or person has violated an | ||||||
17 | Authority enforcement rule; | ||||||
18 | (4) provision of adequate notice of an alleged | ||||||
19 | violation to the registered owner of the vehicle, such as | ||||||
20 | notice by first-class mail; | ||||||
21 | (5) an administrative adjudication process that gives | ||||||
22 | registered vehicle owners an opportunity to be heard by a | ||||||
23 | neutral party appointed by the Authority; | ||||||
24 | (6) a process through which vehicle lessors may | ||||||
25 | transfer responsibility for a violation to lessees of | ||||||
26 | their vehicles; |
| |||||||
| |||||||
1 | (7) use of Internet tools, such as remote hearings and | ||||||
2 | allowance of online submission of documents contesting an | ||||||
3 | alleged violation, to provide alleged violators an | ||||||
4 | adequate opportunity to contest their alleged violation; | ||||||
5 | and | ||||||
6 | (8) violation fees that are no higher than the highest | ||||||
7 | administrative fees imposed for similar violations by | ||||||
8 | other public agencies in the metropolitan region. | ||||||
9 | (e) The Authority shall: | ||||||
10 | (1) cooperate with local governments and law | ||||||
11 | enforcement agencies to help improve their enforcement of | ||||||
12 | their laws that are designed to improve the quality and | ||||||
13 | safety of public transportation operations; and | ||||||
14 | (2) inform and consult with local governments and law | ||||||
15 | enforcement agencies in jurisdictions in which the | ||||||
16 | Authority is establishing and operating an enforcement | ||||||
17 | program under subsections (c) and (d). | ||||||
18 | (f) In its enforcement programs, if any, under subsection | ||||||
19 | (c) and through its cooperation with local governments and law | ||||||
20 | enforcement agencies on their enforcement programs, the | ||||||
21 | Authority shall strive for as much standardization as feasible | ||||||
22 | throughout the metropolitan region in enforcement programs | ||||||
23 | designed to improve the quality and safety of public | ||||||
24 | transportation operations. | ||||||
25 | Section 4.32. Suspension of riding privileges and |
| |||||||
| |||||||
1 | confiscation of fare media. | ||||||
2 | (a) As used in this Section, "demographic information" | ||||||
3 | includes, but is not limited to, age, race, ethnicity, gender, | ||||||
4 | and housing status, as that term is defined under Section 10 of | ||||||
5 | the Bill of Rights for the Homeless Act. | ||||||
6 | (b) Suspension of riding privileges and confiscation of | ||||||
7 | fare media are limited to: | ||||||
8 | (1) violations where the person's conduct places | ||||||
9 | public transportation employees or passengers in | ||||||
10 | reasonable apprehension of a threat to their safety or the | ||||||
11 | safety of others, including assault and battery, as those | ||||||
12 | terms are used in Sections 12-1 and 12-3 of the Criminal | ||||||
13 | Code of 2012; | ||||||
14 | (2) violations where the person's conduct places | ||||||
15 | public transportation employees or passengers in | ||||||
16 | reasonable apprehension of a threat of a criminal sexual | ||||||
17 | assault, as that term is used under Section 11-1.20 of the | ||||||
18 | Criminal Code of 2012; and | ||||||
19 | (3) violations involving an act of public indecency, | ||||||
20 | as that term is used in Section 11-30 of the Criminal Code | ||||||
21 | of 2012. | ||||||
22 | (c) Written notice shall be provided to an individual | ||||||
23 | regarding the suspension of the individual's riding privileges | ||||||
24 | or confiscation of fare media. The notice shall be provided in | ||||||
25 | person at the time of the alleged violation, except that, if | ||||||
26 | providing notice in person at the time of the alleged |
| |||||||
| |||||||
1 | violation is not practicable, then the Authority shall make a | ||||||
2 | reasonable effort to provide notice to the individual by | ||||||
3 | personal service, by mailing a copy of the notice by certified | ||||||
4 | mail, return receipt requested, by first-class mail to the | ||||||
5 | person's current address, or by emailing a copy of the notice | ||||||
6 | to an email address on file, if available. If the person is | ||||||
7 | known to be detained in jail, service shall be made as provided | ||||||
8 | under Section 2-203.2 of the Code of Civil Procedure. The | ||||||
9 | written notice shall be sufficient to inform the individual | ||||||
10 | about the following: | ||||||
11 | (1) the nature of the suspension of riding privileges | ||||||
12 | or confiscation of fare media; | ||||||
13 | (2) the person's rights and available remedies to | ||||||
14 | contest or appeal the suspension of riding privileges or | ||||||
15 | confiscation of fare media and to apply for reinstatement | ||||||
16 | of riding privileges; and | ||||||
17 | (3) the procedures for adjudicating whether a | ||||||
18 | suspension or confiscation is warranted and for applying | ||||||
19 | for reinstatement of riding privileges, including the time | ||||||
20 | and location of any hearing. | ||||||
21 | (d) The process to determine whether a suspension or | ||||||
22 | riding privileges or confiscation of fare media is warranted | ||||||
23 | and the length of the suspension shall be concluded within 30 | ||||||
24 | business days after the individual receives notice of the | ||||||
25 | suspension or confiscation. | ||||||
26 | (e) Notwithstanding any other provision of this Section, a |
| |||||||
| |||||||
1 | person may not be denied the ability to contest or appeal a | ||||||
2 | suspension of riding privileges or confiscation of fare media | ||||||
3 | or to attend an in-person or virtual hearing to determine | ||||||
4 | whether a suspension or confiscation was warranted because the | ||||||
5 | person was detained in a jail. | ||||||
6 | (f) The Authority shall create an administrative | ||||||
7 | suspension hearing process as follows: | ||||||
8 | (1) the Authority shall designate an official to | ||||||
9 | oversee the administrative process to decide whether a | ||||||
10 | suspension is warranted and the length of the suspension; | ||||||
11 | (2) the accused and related parties, including legal | ||||||
12 | counsel, may attend this hearing in person, by telephone, | ||||||
13 | or virtually; | ||||||
14 | (3) the Authority shall present the suspension-related | ||||||
15 | evidence and outline the evidence that supports the need | ||||||
16 | for the suspension; | ||||||
17 | (4) the accused or the accused's legal counsel may | ||||||
18 | present and make an oral or written presentation and offer | ||||||
19 | documents, including affidavits, in response to the | ||||||
20 | Authority's evidence; | ||||||
21 | (5) the Authority's designated official shall make a | ||||||
22 | finding on the suspension; | ||||||
23 | (6) the value of unexpended credit or unexpired passes | ||||||
24 | shall be reimbursed upon suspension of riding privileges | ||||||
25 | or confiscation of fare media; | ||||||
26 | (7) the alleged victims of the violation and related |
| |||||||
| |||||||
1 | parties, including witnesses who were present, may attend | ||||||
2 | this hearing in person, by telephone, or virtually; and | ||||||
3 | (8) the alleged victims of the violation and related | ||||||
4 | parties, including witnesses who were present, may present | ||||||
5 | and make an oral or written presentation and offer | ||||||
6 | documents, including affidavits, in response to the | ||||||
7 | Authority's evidence. | ||||||
8 | (g) The Authority shall create a process to appeal and | ||||||
9 | reinstate ridership privileges. This information shall be | ||||||
10 | provided to the suspended rider at the time of the Authority's | ||||||
11 | findings. A suspended rider is entitled to an appeal after the | ||||||
12 | Authority's finding to suspend the person's ridership. A | ||||||
13 | suspended rider may petition the Authority to reinstate the | ||||||
14 | person's ridership privileges one calendar year after the | ||||||
15 | Authority's suspension finding if the length of the suspension | ||||||
16 | is more than one year. | ||||||
17 | (h) The Authority shall collect, report, and make publicly | ||||||
18 | available quarterly the number and demographic information of | ||||||
19 | people subject to suspension of riding privileges or | ||||||
20 | confiscation of fare media; the conduct leading to the | ||||||
21 | suspension or confiscation; and the location and description | ||||||
22 | of the location where the conduct occurred, such as | ||||||
23 | identifying the transit station or transit line, the date, and | ||||||
24 | the time of day of the conduct, a citation to the statutory | ||||||
25 | authority for which the accused person was arrested or | ||||||
26 | charged, the amount, if any, on the fare media, and the length |
| |||||||
| |||||||
1 | of the suspension. | ||||||
2 | Section 4.33. Domestic Violence and Sexual Assault | ||||||
3 | Transportation Assistance Program. | ||||||
4 | (a) The Authority shall continue the Domestic Violence and | ||||||
5 | Sexual Assault Regional Transit Authority Public | ||||||
6 | Transportation Assistance Program established by the Regional | ||||||
7 | Transportation Authority Act (repealed) to serve residents of | ||||||
8 | the metropolitan region. Through this Program, the Authority | ||||||
9 | shall issue monetarily preloaded mass transit cards to The | ||||||
10 | Network: Advocating Against Domestic Violence for survivor and | ||||||
11 | victim use of public transportation in the metropolitan | ||||||
12 | region. | ||||||
13 | (b) The Authority shall coordinate with The Network: | ||||||
14 | Advocating Against Domestic Violence to issue no less than | ||||||
15 | 25,000 monetarily preloaded mass transit cards with a value of | ||||||
16 | $20 per card for distribution to domestic violence and sexual | ||||||
17 | assault service providers throughout the Authority's | ||||||
18 | jurisdiction. | ||||||
19 | (c) The mass transit card shall be plastic or laminated | ||||||
20 | and wallet-sized, contain no information that would reference | ||||||
21 | domestic violence or sexual assault services, and have no | ||||||
22 | expiration date. The cards shall also be available | ||||||
23 | electronically and shall be distributed to domestic violence | ||||||
24 | and sexual assault direct service providers to distribute to | ||||||
25 | survivors. |
| |||||||
| |||||||
1 | (d) The creation of the Program shall include an | ||||||
2 | appointment of a domestic violence or sexual assault program | ||||||
3 | service provider or a representative of the service provider's | ||||||
4 | choosing to the Authority's Citizen Advisory Board. | ||||||
5 | (e) The Network: Advocating Against Domestic Violence | ||||||
6 | shall provide an annual report of the program, including a | ||||||
7 | list of service providers receiving the mass transit cards, | ||||||
8 | the total number of cards received by each service provider, | ||||||
9 | and an estimated number of survivors and victims of domestic | ||||||
10 | violence and sexual assault participating in the program. The | ||||||
11 | report shall also include survivor testimonies of the program | ||||||
12 | and shall include recommendations on improving implementation | ||||||
13 | of the Program. The first report shall be provided to the | ||||||
14 | Authority one calendar year after the creation of the Program. | ||||||
15 | (f) In partnership with The Network: Advocating Against | ||||||
16 | Domestic Violence, the Authority shall report this information | ||||||
17 | to the Board and the Citizen Advisory Board and compile an | ||||||
18 | annual report of the Program to the General Assembly and to | ||||||
19 | domestic violence and sexual assault service providers in the | ||||||
20 | service providers' jurisdiction and include recommendations | ||||||
21 | for improving implementation of the Program. | ||||||
22 | Section 4.34. Safety. | ||||||
23 | (a) The Authority shall establish, enforce, and facilitate | ||||||
24 | achievement and maintenance of standards of safety with | ||||||
25 | respect to public transportation provided by the Authority or |
| |||||||
| |||||||
1 | by transportation agencies pursuant to purchase of service or | ||||||
2 | grant agreements. | ||||||
3 | (b) In recognition of the fact that travel by public | ||||||
4 | transportation is significantly safer than travel by other | ||||||
5 | means of surface transportation, the Authority shall work | ||||||
6 | cooperatively with the Department of Transportation, the | ||||||
7 | Illinois State Toll Highway Authority, the Chicago | ||||||
8 | Metropolitan Agency for Planning, and other units of | ||||||
9 | government to assist them in using investments in public | ||||||
10 | transportation facilities and operations as a tool to help the | ||||||
11 | Department and units of local government meet their roadway | ||||||
12 | crash, fatality, and serious injury reduction goals. To the | ||||||
13 | maximum extent allowed by law, the Authority is eligible to | ||||||
14 | receive funding and other assistance from local, state, and | ||||||
15 | federal sources so the Authority can assist in using improved | ||||||
16 | and expanded public transportation in the metropolitan region | ||||||
17 | to improve safety in the surface transportation sector. | ||||||
18 | (c) The security portion of the system safety program, | ||||||
19 | investigation reports, surveys, schedules, lists, or data | ||||||
20 | compiled, collected, or prepared by or for the Authority under | ||||||
21 | this subsection is exempt from disclosure under the Freedom of | ||||||
22 | Information Act, shall not be subject to discovery or admitted | ||||||
23 | into evidence in federal or State court, or shall not be | ||||||
24 | considered for other purposes in any civil action for damages | ||||||
25 | arising from any matter mentioned or addressed in such | ||||||
26 | reports, surveys, schedules, lists, data, or information. |
| |||||||
| |||||||
1 | (d) Neither the Authority nor its directors, officers, or | ||||||
2 | employees may not be held liable in any civil action for any | ||||||
3 | injury to any person or property for any acts or omissions or | ||||||
4 | failure to act under this Section or pursuant to 49 CFR Part | ||||||
5 | 659. | ||||||
6 | (e) Nothing in this Section alleviates an individual's | ||||||
7 | duty to comply with the State Officials and Employees Ethics | ||||||
8 | Act. | ||||||
9 | Section 4.35. Competition. It is the policy of this State | ||||||
10 | that all powers granted, either expressly or by necessary | ||||||
11 | implication, by this Act or any other Illinois statute to the | ||||||
12 | Authority may be exercised by the Authority notwithstanding | ||||||
13 | effects on competition. It is the intention of the General | ||||||
14 | Assembly that the state action exemption to the application of | ||||||
15 | federal antitrust statutes be fully available to the Authority | ||||||
16 | to the extent its activities are authorized by law as stated | ||||||
17 | herein. | ||||||
18 | Section 4.36. Prompt payment. Purchases made pursuant to | ||||||
19 | this Act shall be made in compliance with the Local Government | ||||||
20 | Prompt Payment Act. | ||||||
21 | Article V. ACCOUNTABILITY | ||||||
22 | Section 5.01. Director selection process. The following |
| |||||||
| |||||||
1 | requirements apply to the appointing authorities for Directors | ||||||
2 | of the Board and members of the Citizens Advisory Board: | ||||||
3 | (1) Those responsible for appointing Directors shall | ||||||
4 | strive to assemble a set of Board members that, to the | ||||||
5 | greatest extent possible, reflects the ethnic, cultural, | ||||||
6 | economic, and geographic diversity of the metropolitan | ||||||
7 | region. | ||||||
8 | (2) The Authority shall implement the following | ||||||
9 | process to provide public input into the Director | ||||||
10 | selection process and bring qualified Board member | ||||||
11 | candidates to the attention of the appointing authorities: | ||||||
12 | (A) At least 90 days before the expiration of the | ||||||
13 | term of a Director, or upon notice of the resignation, | ||||||
14 | death, or removal of a Director, the Authority shall | ||||||
15 | issue and publicize a request for applications and | ||||||
16 | nominations to fill that Director position. The | ||||||
17 | request shall provide at least 30 days for submission | ||||||
18 | of applications and nominations. | ||||||
19 | (B) As soon as practical after the closure of the | ||||||
20 | period for applications and nominations, the Authority | ||||||
21 | shall publicly post the names and a summary of the | ||||||
22 | background and qualifications of at least 2 | ||||||
23 | individuals that the appointing authority believes are | ||||||
24 | qualified to fill the Director position. Such | ||||||
25 | individuals may but need not be from among those | ||||||
26 | people who applied for or were nominated to fill the |
| |||||||
| |||||||
1 | Director position pursuant to subparagraph (A). The | ||||||
2 | posting shall give the public instructions for how | ||||||
3 | they may comment on those individuals identified by | ||||||
4 | the appointing authority and give them at least 21 | ||||||
5 | days to submit such comments. | ||||||
6 | (C) After considering comments submitted under | ||||||
7 | subparagraph (B), the appointing authority may proceed | ||||||
8 | with the appointment process as long as the appointing | ||||||
9 | authority appoints as a Director a person who was | ||||||
10 | first identified under subparagraph (B), or the | ||||||
11 | appointing authority may cause the Authority, pursuant | ||||||
12 | to subparagraph (B), to post a new set of individuals | ||||||
13 | who are qualified to fill the Director position and | ||||||
14 | follow the process required by subparagraphs (B) and | ||||||
15 | (C) until the new Director is appointed and qualified. | ||||||
16 | (D) The Authority shall commence the process set | ||||||
17 | forth in this paragraph (2) sufficiently in advance of | ||||||
18 | the date of the anticipated vacancy on the Board to | ||||||
19 | minimize the duration of such vacancy. | ||||||
20 | Section 5.02. System usage requirements. | ||||||
21 | (a) Each calendar quarter, the Authority shall collect and | ||||||
22 | publish the number of trips taken by each Director by public | ||||||
23 | transportation in the metropolitan region. | ||||||
24 | (b) The Board may adopt rules governing system usage by | ||||||
25 | Directors consistent with the intention of this Act that the |
| |||||||
| |||||||
1 | Directors overseeing the public transportation system of the | ||||||
2 | metropolitan region should have substantial ridership | ||||||
3 | experience on that system. | ||||||
4 | (c) The Board may adopt public transportation system usage | ||||||
5 | requirements for the executives and staff of the Authority | ||||||
6 | that are no less demanding than public transportation system | ||||||
7 | ridership requirements applicable to Directors. System | ||||||
8 | ridership requirements may be included in performance-based | ||||||
9 | compensation systems established under Section 5.04. | ||||||
10 | (d) The Authority may incorporate public transportation | ||||||
11 | system usage requirements into its agreements with | ||||||
12 | transportation agencies and goods and services providers. | ||||||
13 | (e) The Authority shall put in place reasonable mechanisms | ||||||
14 | to ensure against efforts to evade public transportation | ||||||
15 | system ridership requirements imposed under this Section. | ||||||
16 | Section 5.03. Director attendance requirement. | ||||||
17 | (a) The Board shall adopt rules regarding the required | ||||||
18 | frequency of Director attendance at Board meetings. | ||||||
19 | (b) The failure of a Director to meet the Director | ||||||
20 | attendance requirement shall constitute sufficient grounds for | ||||||
21 | removal of that Director from the Board under subsection (a) | ||||||
22 | of Section 2.08. | ||||||
23 | Section 5.04. Employment agreements; performance-based | ||||||
24 | compensation. |
| |||||||
| |||||||
1 | (a) By no later than one year after the effective date of | ||||||
2 | this Act, after consideration of best practices for executive | ||||||
3 | compensation, the Authority shall enter into written | ||||||
4 | employment agreements with at least the 5 most senior staff | ||||||
5 | executives or officers of the Authority. | ||||||
6 | (b) The Authority may implement a performance-based | ||||||
7 | compensation system. A performance-based compensation system | ||||||
8 | established under this subsection must tie a significant | ||||||
9 | portion of senior executive compensation to the achievement or | ||||||
10 | nonachievement of performance standards that relate to the | ||||||
11 | quality of public transit services delivered to the public. | ||||||
12 | (c) Each senior executive participating in a | ||||||
13 | performance-based compensation system must enter into an | ||||||
14 | employment agreement with the Authority that describes the | ||||||
15 | performance-based compensation system and contains the other | ||||||
16 | terms and conditions of employment. | ||||||
17 | (d) If it implements a performance-based compensation | ||||||
18 | system, the Board shall annually review and approve | ||||||
19 | performance incentive compensation adjustments, positive or | ||||||
20 | negative, for senior executives of the Authority under the | ||||||
21 | performance-based compensation system. | ||||||
22 | (e) Subject to any applicable collective bargaining | ||||||
23 | agreement, the Authority may extend the performance-based | ||||||
24 | compensation system to include more staff positions at the | ||||||
25 | Authority. | ||||||
26 | (f) The Authority may incorporate performance-based |
| |||||||
| |||||||
1 | compensation system requirements into its agreements with | ||||||
2 | transportation agencies and goods and services providers. | ||||||
3 | Section 5.05. Revolving door prohibition. A Director, | ||||||
4 | Citizen Advisory Board member, former Director, or former | ||||||
5 | Citizen Advisory Board member shall, during the Director's or | ||||||
6 | member's, or former Director's or former member's, term, and | ||||||
7 | for a period of one year immediately after the end of the | ||||||
8 | Director's or member's, or former Director's or former | ||||||
9 | member's, term, engage in business dealings with, knowingly | ||||||
10 | accept employment from, or receive compensation or fees for | ||||||
11 | services from the Authority. This prohibition does not apply | ||||||
12 | to any business dealings engaged in by the Director or member | ||||||
13 | in the course of the Director's or member's official duties or | ||||||
14 | responsibilities as a Director or member. | ||||||
15 | Section 5.06. Public plans. The Authority shall implement | ||||||
16 | its responsibilities in 5 public documents adopted by its | ||||||
17 | Directors: a Strategic Plan; a Five-Year Capital Program; an | ||||||
18 | Annual Capital Improvement Plan; an Annual Budget and Two-Year | ||||||
19 | Financial Plan; and Service Standards. | ||||||
20 | Section 5.07. Strategic Plan. | ||||||
21 | (a) The Authority shall adopt a Strategic Plan, no less | ||||||
22 | than every 5 years, after holding a minimum of one public | ||||||
23 | hearing in each of the counties in the metropolitan region. |
| |||||||
| |||||||
1 | (b) To the maximum extent feasible, the Authority shall | ||||||
2 | adopt its Strategic Plan on a similar schedule as the regional | ||||||
3 | comprehensive plan adopted by the Chicago Metropolitan Agency | ||||||
4 | for Planning. | ||||||
5 | (c) In developing the Strategic Plan, the Authority shall | ||||||
6 | rely on such demographic and other data, forecasts, and | ||||||
7 | assumptions developed by the Chicago Metropolitan Agency for | ||||||
8 | Planning with respect to the patterns of population density | ||||||
9 | and growth, projected commercial and residential development, | ||||||
10 | and environmental factors within the metropolitan region and | ||||||
11 | in areas outside the metropolitan region that may impact | ||||||
12 | public transportation use in the metropolitan region. | ||||||
13 | (d) The Authority shall also consult with the Department | ||||||
14 | of Transportation's Office of Planning and Programming, the | ||||||
15 | Illinois State Toll Highway Authority, and municipal and | ||||||
16 | county departments of transportation when developing the | ||||||
17 | Strategic Plan. | ||||||
18 | (e) Before adopting or amending a Strategic Plan, the | ||||||
19 | Authority shall consult with the Chicago Metropolitan Agency | ||||||
20 | for Planning regarding the consistency of the Strategic Plan | ||||||
21 | with the Regional Comprehensive Plan adopted pursuant to the | ||||||
22 | Regional Planning Act. | ||||||
23 | (f) The Authority may use staff of the Chicago | ||||||
24 | Metropolitan Agency for Planning for planning-related purposes | ||||||
25 | on terms and conditions acceptable to the Authority and the | ||||||
26 | Chicago Metropolitan Agency for Planning. |
| |||||||
| |||||||
1 | (g) The Strategic Plan shall describe the specific actions | ||||||
2 | to be taken by the Authority to provide adequate, efficient, | ||||||
3 | equitable, and coordinated public transportation. | ||||||
4 | (h) The Strategic Plan shall identify goals and objectives | ||||||
5 | with respect to: | ||||||
6 | (1) increasing ridership and passenger miles on public | ||||||
7 | transportation funded by the Authority; | ||||||
8 | (2) coordination of public transportation services and | ||||||
9 | the investment in public transportation facilities to | ||||||
10 | enhance the integration of public transportation | ||||||
11 | throughout the metropolitan region; | ||||||
12 | (3) coordination of fare and transfer policies to | ||||||
13 | promote transfers by riders among public transportation | ||||||
14 | modes; | ||||||
15 | (4) improvements in public transportation facilities | ||||||
16 | to bring those facilities into a state of good repair, | ||||||
17 | enhancements that attract ridership and improve customer | ||||||
18 | service, and expansions needed to serve areas with | ||||||
19 | sufficient demand for public transportation; | ||||||
20 | (5) access for transit-dependent populations, | ||||||
21 | including access by low-income communities to places of | ||||||
22 | employment, using analyses provided by the Chicago | ||||||
23 | Metropolitan Agency for Planning regarding employment and | ||||||
24 | transportation availability and considering the location | ||||||
25 | of employment centers in each county and the availability | ||||||
26 | of public transportation at off-peak hours and on |
| |||||||
| |||||||
1 | weekends; | ||||||
2 | (6) the financial viability of the public | ||||||
3 | transportation system, including both operating and | ||||||
4 | capital programs; | ||||||
5 | (7) improving roadway operations within the | ||||||
6 | metropolitan region and enhancing transit options to | ||||||
7 | improve mobility; | ||||||
8 | (8) land use policies, practices, and incentives that | ||||||
9 | will make more effective use of public transportation | ||||||
10 | services and facilities as community assets and encourage | ||||||
11 | the siting of businesses, homes, and public facilities | ||||||
12 | near public transportation services and facilities to | ||||||
13 | provide convenient and affordable travel for residents, | ||||||
14 | customers, and employees in the metropolitan region; | ||||||
15 | (9) policies, practices, and incentives that will | ||||||
16 | better integrate public transportation with other active | ||||||
17 | modes of transportation; and | ||||||
18 | (10) other goals and objectives that advance the | ||||||
19 | policy of the State to provide adequate, efficient, | ||||||
20 | equitable and coordinated public transportation in the | ||||||
21 | metropolitan region. | ||||||
22 | (i) The Strategic Plan shall establish the process and | ||||||
23 | criteria by which proposals for capital improvements by the | ||||||
24 | Authority or a transportation agency shall be evaluated by the | ||||||
25 | Authority for inclusion in the Five-Year Capital Program, | ||||||
26 | which shall be in accordance with the prioritization process |
| |||||||
| |||||||
1 | set forth in Section 5.08, and may include criteria for: | ||||||
2 | (1) allocating funds among maintenance, enhancement, | ||||||
3 | and expansion improvements; | ||||||
4 | (2) projects to be funded from the City-Suburban | ||||||
5 | Mobility Innovations Fund; | ||||||
6 | (3) projects intended to improve or enhance ridership | ||||||
7 | or customer service; | ||||||
8 | (4) design and location of station or transit | ||||||
9 | improvements intended to promote transfers, increase | ||||||
10 | ridership, and support transit-oriented land development; | ||||||
11 | (5) assessing the impact of projects on the ability to | ||||||
12 | operate and maintain the existing transit system; and | ||||||
13 | (6) other criteria that advance the goals and | ||||||
14 | objectives of the Strategic Plan. | ||||||
15 | (j) The Strategic Plan shall identify innovations to | ||||||
16 | improve the delivery of public transportation and the | ||||||
17 | construction of public transportation facilities, including | ||||||
18 | new vehicle technologies, operational practices, financial | ||||||
19 | arrangements, and other innovations that may benefit the | ||||||
20 | metropolitan region. | ||||||
21 | (k) The Strategic Plan shall extend on the plans adopted | ||||||
22 | pursuant to Sections 5.09, 5.10, 5.11, and 5.12 and describe | ||||||
23 | the expected financial condition of public transportation in | ||||||
24 | the metropolitan region prospectively over a 10-year period, | ||||||
25 | which may include information about the cash position and all | ||||||
26 | known obligations of the Authority, including operating |
| |||||||
| |||||||
1 | expenditures, debt service, contributions for payment of | ||||||
2 | pension and other post-employment benefits, the expected | ||||||
3 | revenues from fares, tax receipts, grants from the federal, | ||||||
4 | State, and local governments for operating and capital | ||||||
5 | purposes and issuance of debt, the availability of working | ||||||
6 | capital, and the additional resources, if any, needed to | ||||||
7 | achieve the goals and objectives described in the Strategic | ||||||
8 | Plan. The Strategic Plan shall outline the Authority's plan | ||||||
9 | for dealing with any projected shortfall in financial | ||||||
10 | resources necessary to keep public transportation facilities | ||||||
11 | in a state of good repair and to deliver public transportation | ||||||
12 | services that meet Service Standards adopted pursuant to | ||||||
13 | Section 5.11. | ||||||
14 | (l) The Executive Director of the Authority shall review | ||||||
15 | the Strategic Plan on an ongoing basis and make | ||||||
16 | recommendations to the Board with respect to any update or | ||||||
17 | amendment of the Strategic Plan. | ||||||
18 | Section 5.08. Prioritization process for transit capital | ||||||
19 | projects. | ||||||
20 | (a) The Authority shall develop a transparent | ||||||
21 | prioritization process for metropolitan region transit capital | ||||||
22 | projects to identify projects that will most effectively | ||||||
23 | achieve the goals of the Strategic Plan and improve the | ||||||
24 | quality of public transportation services contemplated by the | ||||||
25 | Service Standards. |
| |||||||
| |||||||
1 | (b) The Authority shall use the prioritization process | ||||||
2 | when developing its Five-Year Capital Program pursuant to | ||||||
3 | Section 5.09 and for its other capital planning processes. | ||||||
4 | (c) The prioritization process must consider, at a | ||||||
5 | minimum: | ||||||
6 | (1) increasing access to key destinations such as | ||||||
7 | jobs, retail, healthcare, and recreation; | ||||||
8 | (2) reliability improvement; | ||||||
9 | (3) capacity needs; | ||||||
10 | (4) safety: | ||||||
11 | (5) state of good repair; | ||||||
12 | (6) racial equity and mobility justice; | ||||||
13 | (7) environmental protection; | ||||||
14 | (8) the Service Standards; and | ||||||
15 | (9) economic development. | ||||||
16 | (d) All capital funding awards shall be made by the | ||||||
17 | Authority in accordance with the prioritization process. An | ||||||
18 | appropriate public input process shall be established. The | ||||||
19 | Authority shall make a report to the General Assembly each | ||||||
20 | year describing the prioritization process and its use in | ||||||
21 | funding awards. | ||||||
22 | (e) A summary of the project evaluation process, measures, | ||||||
23 | program, and scores or prioritization criteria for all | ||||||
24 | candidate projects shall be published on the Authority's | ||||||
25 | website in a timely manner. | ||||||
26 | (f) No project shall be included in the Five-Year Capital |
| |||||||
| |||||||
1 | Program, or amendments to that Program, without being | ||||||
2 | evaluated under the selection process described in this | ||||||
3 | Section. | ||||||
4 | Section 5.09. Five-Year Capital Program. | ||||||
5 | (a) The Authority, after holding a minimum of one public | ||||||
6 | hearing in each of the counties in the metropolitan region, | ||||||
7 | shall each year adopt a Five-Year Capital Program that shall | ||||||
8 | include each capital improvement to be undertaken by the | ||||||
9 | Authority or on behalf of the Authority by a transportation | ||||||
10 | agency. | ||||||
11 | (b) The Authority shall prepare and publish its | ||||||
12 | preliminary Five-Year Capital Program by October 15 of each | ||||||
13 | year based on any criteria for capital improvements contained | ||||||
14 | in the Strategic Plan, the capital project prioritization | ||||||
15 | process established in Section 5.08, the Service Standards, | ||||||
16 | the transit asset management plans required by 49 CFR 625.25, | ||||||
17 | and other criteria determined by the Authority so long as the | ||||||
18 | improvements are not inconsistent with any subregional or | ||||||
19 | corridor plan adopted by the Authority and can be funded | ||||||
20 | within amounts available with respect to the capital and | ||||||
21 | operating costs of such improvement. | ||||||
22 | (c) The Authority shall give priority to improvements that | ||||||
23 | are intended to bring public transportation facilities into a | ||||||
24 | state of good repair. | ||||||
25 | (d) Before adopting a Five-Year Capital Program, the |
| |||||||
| |||||||
1 | Authority shall consult with the Chicago Metropolitan Agency | ||||||
2 | for Planning regarding the consistency of the Five-Year | ||||||
3 | Capital Program with the Regional Comprehensive Plan adopted | ||||||
4 | pursuant to the Regional Planning Act. | ||||||
5 | (e) The Authority shall adopt a final Five-Year Capital | ||||||
6 | Program prior to the beginning of the next fiscal year. | ||||||
7 | Section 5.10. Annual Capital Improvement Plan. | ||||||
8 | (a) Each year, the Authority shall prepare as part of its | ||||||
9 | Five-Year Capital Program an Annual Capital Improvement Plan, | ||||||
10 | which shall include the following information: | ||||||
11 | (1) a list of projects for which approval is sought | ||||||
12 | from the Governor, with a description of each project | ||||||
13 | stating at a minimum the project cost, its category, its | ||||||
14 | location, and the entity responsible for its | ||||||
15 | implementation; | ||||||
16 | (2) a certification by the Authority that the | ||||||
17 | Authority applied for all grants, loans, and other moneys | ||||||
18 | made available by the federal government or the State of | ||||||
19 | Illinois during the preceding federal and State fiscal | ||||||
20 | years for financing its capital development activities; | ||||||
21 | (3) a certification that, as of September 30 of the | ||||||
22 | preceding calendar year or any later date, the balance of | ||||||
23 | all federal capital grant funds and all other funds to be | ||||||
24 | used as matching funds therefore which were committed to | ||||||
25 | or possessed by the Authority but which had not been |
| |||||||
| |||||||
1 | obligated was less than $500,000,000, or a greater amount | ||||||
2 | as authorized in writing by the Governor. As used in this | ||||||
3 | paragraph, "obligated" means committed to be paid by the | ||||||
4 | Authority under a contract with a nongovernmental entity | ||||||
5 | in connection with the performance of a project or | ||||||
6 | committed under a force account plan approved by the | ||||||
7 | federal government; | ||||||
8 | (4) a certification that the Authority has adopted a | ||||||
9 | balanced budget with respect to such calendar year under | ||||||
10 | Section 5.12; | ||||||
11 | (5) a schedule of all bonds or notes previously issued | ||||||
12 | for Strategic Capital Improvement Projects and all debt | ||||||
13 | service payments to be made with respect to all such bonds | ||||||
14 | and the estimated additional debt service payments through | ||||||
15 | June 30 of the following calendar year expected to result | ||||||
16 | from bonds to be sold prior thereto; | ||||||
17 | (6) a long-range summary of the Strategic Capital | ||||||
18 | Improvement Program describing the projects to be funded | ||||||
19 | through the Program with respect to project cost, | ||||||
20 | category, location, and implementing entity, and | ||||||
21 | presenting a financial plan, including an estimated time | ||||||
22 | schedule for obligating funds for the performance of | ||||||
23 | approved projects, issuing bonds, expending bond proceeds, | ||||||
24 | and paying debt service throughout the duration of the | ||||||
25 | Program; and | ||||||
26 | (7) the source of funding for each project in the |
| |||||||
| |||||||
1 | Plan. For any project for which full funding has not yet | ||||||
2 | been secured and that is not subject to a federal full | ||||||
3 | funding contract, the Authority must identify alternative, | ||||||
4 | dedicated funding sources available to complete the | ||||||
5 | project. The Governor may waive this requirement on a | ||||||
6 | project-by-project basis. | ||||||
7 | (b) The Authority shall submit the Plan, with respect to | ||||||
8 | any calendar year, to the Governor on or before January 15 of | ||||||
9 | that year or as soon as possible thereafter. Any revision in | ||||||
10 | the projects approved shall require the Governor's approval. | ||||||
11 | (c) The Authority shall seek approval from the Governor | ||||||
12 | only through the Plan or an amendment to the Plan. The | ||||||
13 | Authority shall not request approval of the Plan from the | ||||||
14 | Governor in any calendar year in which it is unable to make the | ||||||
15 | certifications required under paragraphs (2), (3), and (4) of | ||||||
16 | subsection (a). The Authority may not seek approval of the | ||||||
17 | Plan from the Governor for projects in an aggregate amount | ||||||
18 | exceeding the proceeds of bonds or notes for Strategic Capital | ||||||
19 | Improvement Projects issued under Section 6.05. | ||||||
20 | (d) The Governor may approve the Plan for which approval | ||||||
21 | is requested. The Governor's approval is limited to the amount | ||||||
22 | of the project cost stated in the Plan. The Governor shall not | ||||||
23 | approve the Plan in a calendar year if the Authority is unable | ||||||
24 | to make the certifications required under paragraphs (2), (3), | ||||||
25 | and (4) of subsection (a). The Governor may not approve the | ||||||
26 | Plan for projects in an aggregate amount exceeding the |
| |||||||
| |||||||
1 | proceeds of bonds or notes for Strategic Capital Improvement | ||||||
2 | Projects issued under Section 6.05. | ||||||
3 | (e) With respect to capital improvements, only those | ||||||
4 | capital improvements which are in a Plan approved by the | ||||||
5 | Governor shall be financed with the proceeds of bonds or notes | ||||||
6 | issued for Strategic Capital Improvement Projects. | ||||||
7 | (f) Before the Authority obligates any funds for a project | ||||||
8 | for which the Authority intends to use the proceeds of bonds or | ||||||
9 | notes for Strategic Capital Improvement Projects, but which | ||||||
10 | project is not included in an approved Plan, the Authority | ||||||
11 | must notify the Governor of the intended obligation. Project | ||||||
12 | costs incurred prior to approval of the Plan, including that | ||||||
13 | project, may not be paid from the proceeds of bonds or notes | ||||||
14 | for Strategic Capital Improvement Projects issued under | ||||||
15 | Section 6.05. | ||||||
16 | Section 5.11. Service Standards. | ||||||
17 | (a) The Authority shall adopt Service Standards in | ||||||
18 | conjunction with its Strategic Plan and Five-Year Capital | ||||||
19 | Program. | ||||||
20 | (b) The Service Standards shall identify quantitative and | ||||||
21 | qualitative attributes of quality public transit service using | ||||||
22 | metrics drawn from the performance of high-quality transit | ||||||
23 | systems in global metropolitan areas with comparable | ||||||
24 | populations and metropolitan economies as the metropolitan | ||||||
25 | region. |
| |||||||
| |||||||
1 | (c) The Service Standards shall include a framework that | ||||||
2 | describes the appropriate characteristics for each type of | ||||||
3 | service or mode. These characteristics include, but are not | ||||||
4 | limited to, mode, frequency, time span, vehicle type, stop | ||||||
5 | spacing, vehicle and stop amenities, network connectivity, | ||||||
6 | route directness, route deviation, and coverage of service. | ||||||
7 | (d) The Service Standards shall include the transition of | ||||||
8 | commuter rail in the metropolitan region to a regional rail | ||||||
9 | service pattern or the retention of commuter rail with | ||||||
10 | additional regional rail service. | ||||||
11 | (e) The Service Standards shall cover the entire | ||||||
12 | metropolitan region and include the development of transit | ||||||
13 | propensity thresholds for each type of service or mode. | ||||||
14 | Transit propensity metrics shall include, but are not limited | ||||||
15 | to, population density, employment density, low-income | ||||||
16 | populations, disabled populations, zero-car households, | ||||||
17 | intersection density, and the presence of sidewalks. Weights | ||||||
18 | should be developed for each metric and a scoring system | ||||||
19 | developed to determine transit propensity. The production of a | ||||||
20 | transit propensity assessment shall be conducted for any | ||||||
21 | proposed new or modified services and constrained to a service | ||||||
22 | or route estimated catchment area. Final determination of the | ||||||
23 | eligibility of each type of service or mode for an area is | ||||||
24 | subject to qualitative review by the Authority once the | ||||||
25 | propensity assessment is completed, reviewed, and evaluated. | ||||||
26 | (f) A local government or group of local governments may |
| |||||||
| |||||||
1 | petition the Authority to increase the level of transit | ||||||
2 | service provided above what would otherwise be provided | ||||||
3 | through the Service Standards. If a local government or group | ||||||
4 | of local governments demonstrates that the local government or | ||||||
5 | group of local governments have created a transit support | ||||||
6 | overlay district under the Transit-Supportive Development Act | ||||||
7 | or have adopted zoning and other changes that the Authority | ||||||
8 | determines has benefits to the transit system greater than or | ||||||
9 | equal to a transit support overlay district, the Authority | ||||||
10 | shall designate a preliminary amendment to the applicable | ||||||
11 | Service Standards for that area commensurate with the expected | ||||||
12 | increase in transit propensity. The Authority shall determine | ||||||
13 | the incremental cost of providing the service and present it | ||||||
14 | to the local government or group of local governments. Upon | ||||||
15 | execution of an agreement for the local government or group of | ||||||
16 | local governments to provide funding for 12 months to the | ||||||
17 | Authority equal to the incremental cost of providing the | ||||||
18 | additional service, the Authority shall finalize the Service | ||||||
19 | Standards amendment, and the Authority shall budget for and | ||||||
20 | provide the increased service. For service to be provided | ||||||
21 | within or substantially within Qualified Census Tracts as | ||||||
22 | identified by the U.S. Department of Housing and Urban | ||||||
23 | Development, the Office of Transit-Oriented Development shall | ||||||
24 | provide a 50% cost share to the Authority for the increased | ||||||
25 | transit service associated with the Service Standards | ||||||
26 | amendment. The Authority may develop plans to assist local |
| |||||||
| |||||||
1 | governments in identifying corridors where additional service | ||||||
2 | could be provided through the mechanism described in this | ||||||
3 | subsection. | ||||||
4 | (g) The Service Standards shall be adjusted as appropriate | ||||||
5 | to accommodate the addition of modes of public transportation | ||||||
6 | not currently being provided by the Authority, which may | ||||||
7 | include, but is not limited to: streetcar; light rail; | ||||||
8 | full-scale bus rapid transit; a transition from commuter rail | ||||||
9 | to regional rail or a combination of commuter and regional | ||||||
10 | rail; and electrified versions of current combustion engine | ||||||
11 | vehicle systems. | ||||||
12 | (h) The Service Standards shall be used to update or | ||||||
13 | otherwise inform the provision of the Authority's Title VI and | ||||||
14 | environmental justice policies. | ||||||
15 | (i) The Board shall review and make any necessary | ||||||
16 | adjustments to the Service Standards at least once every 5 | ||||||
17 | years in conjunction with its adoption of the Authority's | ||||||
18 | Strategic Plan. | ||||||
19 | (j) The Authority shall compile and publish reports | ||||||
20 | comparing the actual public transportation system performance | ||||||
21 | measured against the Service Standards. Such performance | ||||||
22 | measures shall include customer-related performance data | ||||||
23 | measured by line, route, or subregion, as determined by the | ||||||
24 | Authority, on at least the following: | ||||||
25 | (1) travel times and on-time performance; | ||||||
26 | (2) ridership data; |
| |||||||
| |||||||
1 | (3) equipment failure rates; | ||||||
2 | (4) employee and customer safety; | ||||||
3 | (5) crowding; | ||||||
4 | (6) cleanliness of vehicles and stations; | ||||||
5 | (7) service productivity; and | ||||||
6 | (8) customer satisfaction. | ||||||
7 | (k) Transportation agencies that receive funding from the | ||||||
8 | Authority shall prepare and submit to the Authority such | ||||||
9 | reports with regard to these performance measures in the | ||||||
10 | frequency and form required by the Authority. The Authority | ||||||
11 | shall compile and publish such reports on its website on a | ||||||
12 | regular basis, no less than monthly. | ||||||
13 | (l) The Service Standards and performance measures shall | ||||||
14 | not be used as the basis for disciplinary action against any | ||||||
15 | employee of the Authority, except to the extent the employment | ||||||
16 | and disciplinary practices of the Authority provide for such | ||||||
17 | action. | ||||||
18 | Section 5.12. Annual Budget and Two-Year Financial Plan. | ||||||
19 | (a) The Board shall control the finances of the Authority. | ||||||
20 | It shall (i) appropriate money to perform the Authority's | ||||||
21 | purposes and provide for payment of debts and expenses of the | ||||||
22 | Authority and (ii) adopt an Annual Budget and Two-Year | ||||||
23 | Financial Plan for the Authority. | ||||||
24 | (b) The Annual Budget and Two-Year Financial Plan shall | ||||||
25 | contain a statement of the funds estimated to be on hand for |
| |||||||
| |||||||
1 | the Authority at the beginning of the fiscal year, the funds | ||||||
2 | estimated to be received from all sources for such year, the | ||||||
3 | estimated expenses and obligations of the Authority for all | ||||||
4 | purposes, including expenses for contributions to be made with | ||||||
5 | respect to pension and other employee benefits, and the funds | ||||||
6 | estimated to be on hand at the end of such year. | ||||||
7 | (c) The fiscal year of the Authority shall begin on | ||||||
8 | January 1 and end on the succeeding December 31. By July 1 of | ||||||
9 | each year, the Director of the Governor's Office of Management | ||||||
10 | and Budget shall submit to the Authority an estimate of | ||||||
11 | revenues for the next fiscal year of the Authority to be | ||||||
12 | collected from the taxes imposed by the Authority and the | ||||||
13 | amounts to be available in the Public Transportation Fund and | ||||||
14 | the Metropolitan Mobility Authority Occupation and Use Tax | ||||||
15 | Replacement Fund and the amounts otherwise to be appropriated | ||||||
16 | by the State to the Authority for its purposes. | ||||||
17 | (d) Before the proposed Annual Budget and Two-Year | ||||||
18 | Financial Plan is adopted, the Authority shall hold at least | ||||||
19 | one public hearing on the Annual Budget and Two-Year Financial | ||||||
20 | Plan in the metropolitan region and shall meet with the county | ||||||
21 | board or its designee of each of the several counties in the | ||||||
22 | metropolitan region. After conducting the hearings and holding | ||||||
23 | the meetings and after making changes in the proposed Annual | ||||||
24 | Budget and Two-Year Financial Plan as the Board deems | ||||||
25 | appropriate, the Board shall adopt its annual appropriation | ||||||
26 | and Annual Budget and Two-Year Financial Plan ordinance. The |
| |||||||
| |||||||
1 | ordinance shall appropriate such sums of money as are deemed | ||||||
2 | necessary to defray all necessary expenses and obligations of | ||||||
3 | the Authority, specifying purposes and the objects or programs | ||||||
4 | for which appropriations are made and the amount appropriated | ||||||
5 | for each object or program. Additional appropriations, | ||||||
6 | transfers between items, and other changes in such ordinance | ||||||
7 | may be made from time to time by the Board. | ||||||
8 | (e) The Annual Budget and Two-Year Financial Plan shall | ||||||
9 | show a balance between anticipated revenues from all sources | ||||||
10 | and anticipated expenses, including funding of operating | ||||||
11 | deficits or the discharge of encumbrances incurred in prior | ||||||
12 | periods and payment of principal and interest when due, and | ||||||
13 | shall show cash balances sufficient to pay with reasonable | ||||||
14 | promptness all obligations and expenses as incurred. | ||||||
15 | (f) The Authority shall file a copy of its Annual Budget | ||||||
16 | and Two-Year Financial Plan with the General Assembly and the | ||||||
17 | Governor after its adoption and a statement certifying that it | ||||||
18 | published the data described in subsection (g). | ||||||
19 | (g) The Authority shall publish a monthly comprehensive | ||||||
20 | set of data regarding transit service and safety. The data | ||||||
21 | included shall include information to track operations, | ||||||
22 | including: | ||||||
23 | (1) staffing levels, including numbers of budgeted | ||||||
24 | positions, current positions employed, hired staff, | ||||||
25 | attrition, staff in training, and absenteeism rates; | ||||||
26 | (2) scheduled service and delivered service, including |
| |||||||
| |||||||
1 | percentage of scheduled service delivered by day, service | ||||||
2 | by mode of transportation, service by route and rail line, | ||||||
3 | total number of revenue miles driven, excess wait times by | ||||||
4 | day, by mode of transportation, by bus route, and by stop; | ||||||
5 | and | ||||||
6 | (3) safety on the system, including the number of | ||||||
7 | incidents of crime and code of conduct violations on the | ||||||
8 | system, any performance measures used to evaluate the | ||||||
9 | effectiveness of investments in private security, safety | ||||||
10 | equipment, and other security investments in the system. | ||||||
11 | If no performance measures exist to evaluate the | ||||||
12 | effectiveness of these safety investments, the Authority | ||||||
13 | shall develop and publish these performance measures. | ||||||
14 | (h) The Authority shall regularly solicit input and ideas | ||||||
15 | on publishing data on the service reliability, operations, and | ||||||
16 | safety of the system from the public and groups representing | ||||||
17 | transit riders, workers, and businesses and make appropriate | ||||||
18 | adjustments and additions to the data reported pursuant to | ||||||
19 | subsection (g). | ||||||
20 | (i) All transportation agencies, comprehensive planning | ||||||
21 | agencies, including the Chicago Metropolitan Agency for | ||||||
22 | Planning and transportation planning agencies in the | ||||||
23 | metropolitan region, shall furnish to the Authority such | ||||||
24 | information pertaining to public transportation or relevant | ||||||
25 | plans therefore as it may from time to time require. The | ||||||
26 | Executive Director, or the Executive Director's designee, |
| |||||||
| |||||||
1 | shall, for the purpose of securing any such information | ||||||
2 | necessary or appropriate to carry out any of the powers and | ||||||
3 | responsibilities of the Authority under this Act, have access | ||||||
4 | to, and the right to examine, all books, documents, papers, or | ||||||
5 | records of any transportation agency receiving funds from the | ||||||
6 | Authority, and such transportation agency shall comply with | ||||||
7 | any request by the Executive Director, or the Executive | ||||||
8 | Director's designee, within 30 days or an extended time | ||||||
9 | provided by the Executive Director. | ||||||
10 | Section 5.13. Authority Inspector General. | ||||||
11 | (a) The Authority and the transportation agencies are | ||||||
12 | subject to the jurisdiction of the Governor's Executive | ||||||
13 | Inspector General. | ||||||
14 | (b) The Authority may appoint an independent Authority | ||||||
15 | Inspector General to serve as the ethics officer for the | ||||||
16 | Authority and to investigate on its own authority or on the | ||||||
17 | basis of a complaint or referral possible waste, fraud, or | ||||||
18 | abuse involving the Authority or a transportation agency. The | ||||||
19 | Authority Inspector General may conduct performance reviews | ||||||
20 | and audits designed to prevent waste, fraud, or abuse and to | ||||||
21 | improve the operation of the Authority and transportation | ||||||
22 | agencies. | ||||||
23 | (c) The Board shall provide sufficient staff and resources | ||||||
24 | so the Authority Inspector General can fulfill its functions | ||||||
25 | and responsibilities. |
| |||||||
| |||||||
1 | (d) All employees, agents, and contractors of the | ||||||
2 | Authority and the transportation agencies shall cooperate with | ||||||
3 | reviews, audits, and investigations conducted by the Authority | ||||||
4 | Inspector General. | ||||||
5 | (e) The Authority Inspector General may be appointed for a | ||||||
6 | term of up to 5 years or until a successor is appointed and has | ||||||
7 | qualified. The Board may remove the Authority Inspector | ||||||
8 | General before the expiration of the Inspector General's term | ||||||
9 | only for good cause and with the concurrence of the Governor's | ||||||
10 | Executive Inspector General. | ||||||
11 | (f) The appointment of an Authority Inspector General | ||||||
12 | shall not in any way limit the powers of the Governor's | ||||||
13 | Executive Inspector General. | ||||||
14 | Section 5.14. Executive Inspector General. | ||||||
15 | (a) Moneys may be appropriated from the Public | ||||||
16 | Transportation Fund to the Governor's Office of the Executive | ||||||
17 | Inspector General for the costs incurred by the Executive | ||||||
18 | Inspector General while serving as the inspector general for | ||||||
19 | the Authority. | ||||||
20 | (b) The Governor's Office of the Executive Inspector | ||||||
21 | General shall annually report to the General Assembly the | ||||||
22 | expenses incurred while serving as the inspector general for | ||||||
23 | the Authority. | ||||||
24 | (c) All employees, agents, and contractors of the | ||||||
25 | Authority and the transportation agencies shall cooperate with |
| |||||||
| |||||||
1 | reviews, audits, and investigations conducted by the | ||||||
2 | Governor's Executive Inspector General. | ||||||
3 | Section 5.15. Performance audits. | ||||||
4 | (a) The Auditor General shall conduct performance audits | ||||||
5 | of the Authority and transportation agencies at least once | ||||||
6 | every 5 years. The performance audits shall: | ||||||
7 | (1) focus on the quality and cost-effectiveness of the | ||||||
8 | public transportation system, including comparative | ||||||
9 | assessments against the performance of transit systems in | ||||||
10 | comparable metropolitan regions around the world; | ||||||
11 | (2) include recommendations for improvements informed | ||||||
12 | by applicable industry best practices and any legislation | ||||||
13 | or other steps that governmental bodies could take to | ||||||
14 | facilitate such improvements; and | ||||||
15 | (3) assess the efficacy of the public transportation | ||||||
16 | system in providing affordable transportation, connecting | ||||||
17 | residents to jobs, education, and other opportunities, and | ||||||
18 | improving the environment. | ||||||
19 | (b) The Authority may suggest areas of emphasis for the | ||||||
20 | Auditor General to consider and the Auditor General may, in | ||||||
21 | its discretion, structure the audit and recommendations to | ||||||
22 | help achieve the goal of a well-functioning and efficient | ||||||
23 | regional public transportation system. | ||||||
24 | (c) The Auditor General and the Authority shall coordinate | ||||||
25 | the timing of performance audits such that the findings will |
| |||||||
| |||||||
1 | be available to the Authority at the time when it begins | ||||||
2 | preparation of its Strategic Plan and Five-Year Capital | ||||||
3 | Program. The Authority shall reimburse the Auditor General for | ||||||
4 | the costs incurred in conducting the performance audits. | ||||||
5 | Section 5.16. Audits of transportation agencies. The | ||||||
6 | Authority may conduct management, performance, financial, and | ||||||
7 | infrastructure condition audits of transportation agencies | ||||||
8 | that receive funds from the Authority. Transportation agencies | ||||||
9 | shall cooperate fully with audits conducted pursuant to this | ||||||
10 | Section and act on the findings and recommendations contained | ||||||
11 | in such audits as directed by the Authority. Copies of audits | ||||||
12 | shall be supplied to the Governor and the General Assembly and | ||||||
13 | made available for review by the public subject to any | ||||||
14 | redactions as required or permitted by applicable law. | ||||||
15 | Section 5.17. Transparency and accountability portal. | ||||||
16 | (a) As used in this Section: | ||||||
17 | "CHI-TAP" means the Greater Chicago Mass Transit | ||||||
18 | Transparency and Accountability Portal. | ||||||
19 | "Contracts" means payment obligations with vendors on file | ||||||
20 | to purchase goods and services exceeding $10,000 in value. | ||||||
21 | "Recipients" means the Authority or transportation | ||||||
22 | agencies. | ||||||
23 | (b) The Authority shall maintain a website, known as the | ||||||
24 | Greater Chicago Mass Transit Transparency and Accountability |
| |||||||
| |||||||
1 | Portal, and shall be tasked with compiling and updating the | ||||||
2 | CHI-TAP database with information received by the Authority. | ||||||
3 | (c) The CHI-TAP shall provide direct access to each of the | ||||||
4 | following: | ||||||
5 | (1) A database of all employees of the Authority | ||||||
6 | sorted separately by: | ||||||
7 | (A) name; | ||||||
8 | (B) division or department; | ||||||
9 | (C) employment position title; | ||||||
10 | (D) county of employment location; | ||||||
11 | (E) current base salary or hourly rate and | ||||||
12 | year-to-date gross pay; | ||||||
13 | (F) status of position including, but not limited | ||||||
14 | to, bargained-for positions, at-will positions, or not | ||||||
15 | bargained-for positions; | ||||||
16 | (G) employment status, including, but not limited | ||||||
17 | to, full-time permanent, full-time temporary, | ||||||
18 | part-time permanent and part-time temporary; and | ||||||
19 | (H) status as a military veteran. | ||||||
20 | (2) A database of all current Authority expenditures, | ||||||
21 | sorted by category. | ||||||
22 | (3) A database of all Authority contracts sorted | ||||||
23 | separately by contractor name, awarding officer or agency, | ||||||
24 | contract value, and goods or services provided. | ||||||
25 | (4) A database of publicly available accident-related | ||||||
26 | and safety-related information currently required to be |
| |||||||
| |||||||
1 | reported to the federal Secretary of Transportation under | ||||||
2 | 49 U.S.C. 5335. | ||||||
3 | (d) The CHI-TAP shall include all information required to | ||||||
4 | be published by subsection (c) in a format the Authority can | ||||||
5 | compile and publish on the CHI-TAP. The Authority shall update | ||||||
6 | the CHI-TAP at least once every 30 days as additional | ||||||
7 | information becomes available. | ||||||
8 | Section 5.18. Financial statements and annual reports. | ||||||
9 | (a) Within 6 months after the end of each fiscal year, the | ||||||
10 | Board shall prepare a complete and detailed report of the | ||||||
11 | audit of the Authority and reviewing the state of the | ||||||
12 | Authority and of the public transportation provided by | ||||||
13 | transportation agencies. | ||||||
14 | (b) The report shall include evaluations of public | ||||||
15 | transportation in the metropolitan region and of the | ||||||
16 | Authority's activities and financial statements of the | ||||||
17 | Authority's revenues and expenditures for such year and of its | ||||||
18 | assets and liabilities. The financial statements must be | ||||||
19 | audited by an independent certified public accountant. | ||||||
20 | (c) The report shall also set forth the financial results | ||||||
21 | as reported by each transportation agency that, during such | ||||||
22 | year, had a purchase of service or grant agreement with the | ||||||
23 | Authority or that received financial assistance from the | ||||||
24 | Authority. The results shall be set forth separately for each | ||||||
25 | such transportation agency. |
| |||||||
| |||||||
1 | (d) The report shall be published on the Authority's | ||||||
2 | website. A sufficient number of copies of each annual report | ||||||
3 | shall be printed for distribution to anyone, upon request, and | ||||||
4 | a copy of the report shall be filed with the Governor, the | ||||||
5 | State Comptroller, the Speaker and Minority Leader of the | ||||||
6 | House of Representatives, the President and Minority Leader of | ||||||
7 | the Senate, the Mayor of the City of Chicago, the President or | ||||||
8 | Chair of the county board of each county in the metropolitan | ||||||
9 | region, and each transportation agency which, during such | ||||||
10 | year, had a purchase of service agreement with the Authority | ||||||
11 | or which received financial grants or other financial | ||||||
12 | assistance from the Authority. | ||||||
13 | Section 5.19. Opt out. | ||||||
14 | (a) Notwithstanding any other provision of this Act, if | ||||||
15 | the county board of the County of DuPage, Kane, Lake, McHenry, | ||||||
16 | or Will by ordinance authorizes that such county shall elect | ||||||
17 | to terminate the powers of the Authority in that county, the | ||||||
18 | secretary of that county board shall certify that proposition | ||||||
19 | to the proper election officials, who shall submit such | ||||||
20 | proposition at an election in accordance with the general | ||||||
21 | election law to decide whether that county shall opt out. | ||||||
22 | (b) The form of the ballot to be used at the referendum | ||||||
23 | shall be substantially as follows: | ||||||
24 | ---------------------------
| ||||||
25 | Shall ..... County terminate
|
| |||||||
| |||||||
1 | the powers of the Metropolitan YES
| ||||||
2 | Mobility Authority ---------------------------------
| ||||||
3 | in .... County NO
| ||||||
4 | on ..... (date)
| ||||||
5 | ------------------------------------------------------------- | ||||||
6 | (c) If a majority of the voters vote in favor of | ||||||
7 | terminating the powers of the Authority, then all of the | ||||||
8 | powers of the Authority shall terminate in that county on the | ||||||
9 | date stated in the referendum, except those powers and | ||||||
10 | functions that the Authority determines to be necessary to | ||||||
11 | exercise with regard to: | ||||||
12 | (1) public transportation by commuter rail, and | ||||||
13 | related public transportation facilities; | ||||||
14 | (2) public transportation other than by commuter rail | ||||||
15 | that is required in order to comply with federal or State | ||||||
16 | laws and regulations, and related public transportation | ||||||
17 | facilities; and | ||||||
18 | (3) public transportation other than by commuter rail | ||||||
19 | provided by the Authority pursuant to contract with the | ||||||
20 | county or other governmental entity within the county, and | ||||||
21 | related public transportation facilities. | ||||||
22 | (d) The termination of the powers of the Authority | ||||||
23 | referred to in subsection (a) with respect to a county shall | ||||||
24 | occur on approval of the referendum by the electors provided | ||||||
25 | on or prior to the date of such termination specified in the | ||||||
26 | referendum, and, thereafter, the county shall have: |
| |||||||
| |||||||
1 | (1) assumed the obligations of the Authority under all | ||||||
2 | laws, federal or State, and all contracts with respect to | ||||||
3 | public transportation or public transportation facilities | ||||||
4 | in the county, which statutory or contractual obligations | ||||||
5 | extend beyond the termination date in the referendum if | ||||||
6 | the obligations shall not be deemed to include any | ||||||
7 | indebtedness of the Authority for borrowed money; | ||||||
8 | (2) agreed to indemnify and hold harmless the | ||||||
9 | Authority against any and all claims, actions, and | ||||||
10 | liabilities arising out of or in connection with the | ||||||
11 | termination of the Authority's powers and functions | ||||||
12 | pursuant to subsection (a); and | ||||||
13 | (3) taken or caused to be taken all necessary actions | ||||||
14 | and fulfilled or caused to be fulfilled all requirements | ||||||
15 | under federal and State laws, rules, and regulations with | ||||||
16 | respect to such termination and any related transfers of | ||||||
17 | assets or liabilities of the Authority. A county may, by | ||||||
18 | mutual agreement with the Authority, permit the Authority | ||||||
19 | to fulfill one or more contracts that, by their terms, | ||||||
20 | extend beyond the termination date provided for in the | ||||||
21 | referendum, in which case the powers and functions of the | ||||||
22 | Authority in that county shall survive only to the extent | ||||||
23 | deemed necessary by the Authority to fulfill said contract | ||||||
24 | or contracts. The satisfaction of the requirements | ||||||
25 | provided for in this paragraph shall be evidenced in such | ||||||
26 | manner as the Authority may require. |
| |||||||
| |||||||
1 | (e) Following an election to terminate the powers of the | ||||||
2 | Authority at a referendum held under subsection (a), the | ||||||
3 | county board shall notify the Authority of the results of the | ||||||
4 | referendum, including the termination date in the referendum, | ||||||
5 | which shall be the last day of a calendar month. Unless the | ||||||
6 | termination date is extended by mutual agreement between the | ||||||
7 | county and the Authority, the termination of the powers and | ||||||
8 | functions of the Authority in the county shall occur at | ||||||
9 | midnight on the termination date if the requirements of this | ||||||
10 | Section have been met. | ||||||
11 | (f) The proceeds of taxes imposed by the Authority under | ||||||
12 | Sections 6.02 and 6.03 collected after the termination date | ||||||
13 | within a county in which the powers of the Authority have been | ||||||
14 | terminated under this Section shall be used by the Authority | ||||||
15 | to support commuter rail services attributable to that county, | ||||||
16 | as determined by the Authority. Any proceeds which are in | ||||||
17 | excess of that necessary to support such services shall be | ||||||
18 | paid by the Authority to that county to be expended for public | ||||||
19 | transportation purposes in accordance with law. If no commuter | ||||||
20 | rail services under the jurisdiction of the Authority are | ||||||
21 | provided in a county in which the powers of the Authority have | ||||||
22 | been terminated under this Section, all proceeds of taxes | ||||||
23 | imposed by the Authority in the county shall be paid by the | ||||||
24 | Authority to the county to be expended for public | ||||||
25 | transportation purposes in accordance with law. |
| |||||||
| |||||||
1 | Article VI. FINANCES | ||||||
2 | Section 6.01. Federal, State, and other funds. | ||||||
3 | (a) The Authority may apply for, receive, and expend | ||||||
4 | grants, loans, or other funds from the State of Illinois or a | ||||||
5 | department or agency thereof, from any unit of local | ||||||
6 | government, or from the federal government or a department or | ||||||
7 | agency thereof for use in connection with any of the powers or | ||||||
8 | purposes of the Authority as set forth in this Act. The | ||||||
9 | Authority shall have power to make such studies as may be | ||||||
10 | necessary and to enter into contracts or agreements with the | ||||||
11 | State of Illinois or any department or agency thereof, with | ||||||
12 | any unit of local government, or with the federal government | ||||||
13 | or a department or agency thereof concerning such grants, | ||||||
14 | loans, or other funds, or any conditions relating thereto, | ||||||
15 | including obligations to repay such funds. The Authority may | ||||||
16 | make such covenants concerning such grants, loans, and funds | ||||||
17 | as it deems proper and necessary in carrying out its | ||||||
18 | responsibilities, purposes, and powers as provided in this | ||||||
19 | Act. | ||||||
20 | (b) The Authority is designated the primary public body in | ||||||
21 | the metropolitan region with authority to apply for and | ||||||
22 | receive grants, loans, or other funds relating to public | ||||||
23 | transportation programs from the State of Illinois or a | ||||||
24 | department or agency thereof, or from the federal government | ||||||
25 | or a department or agency thereof. A unit of local government |
| |||||||
| |||||||
1 | or transportation agency may apply for and receive any such | ||||||
2 | federal or state capital grants, loans or other funds. A unit | ||||||
3 | of local government or transportation agency shall notify the | ||||||
4 | Authority and the Chicago Metropolitan Agency for Planning | ||||||
5 | prior to making any such application and shall file a copy of | ||||||
6 | the application with the Authority and Agency. Nothing in this | ||||||
7 | Section shall be construed to impose any limitation on the | ||||||
8 | ability of the State of Illinois or a department or agency | ||||||
9 | thereof, a unit of local government or transportation agency | ||||||
10 | to make a grant or to enter into an agreement or contract with | ||||||
11 | the National Rail Passenger Corporation. Nor shall anything in | ||||||
12 | this Section impose any limitation on the ability of any | ||||||
13 | school district to apply for or receive a grant, loan, or other | ||||||
14 | funds for transportation of school children. | ||||||
15 | Section 6.02. Taxes. | ||||||
16 | (a) In order to carry out any of the powers or purposes of | ||||||
17 | the Authority, the Board may, by ordinance adopted by the then | ||||||
18 | Directors, impose throughout the metropolitan region any or | ||||||
19 | all of the taxes provided in this Section. Except as otherwise | ||||||
20 | provided in this Act, taxes imposed under this Section and | ||||||
21 | civil penalties imposed incident thereto shall be collected | ||||||
22 | and enforced by the Department of Revenue. The Department may | ||||||
23 | administer and enforce the taxes and to determine all rights | ||||||
24 | for refunds for erroneous payments of the taxes. | ||||||
25 | (b) The Board may impose a public transportation tax upon |
| |||||||
| |||||||
1 | all persons engaged in the metropolitan region in the business | ||||||
2 | of selling retail motor fuel for operation of motor vehicles | ||||||
3 | upon public highways. The tax shall be at a rate not to exceed | ||||||
4 | 5% of the gross receipts from the sales of motor fuel in the | ||||||
5 | course of the business. The Board may provide details of the | ||||||
6 | tax. The provisions of any tax shall conform, as closely as may | ||||||
7 | be practicable, to the provisions of the Non-Home Rule | ||||||
8 | Municipal Retailers' Occupation Tax Act, including, without | ||||||
9 | limitation, conformity to penalties with respect to the tax | ||||||
10 | imposed and as to the powers of the Department of Revenue to | ||||||
11 | adopt and enforcing rules and regulations relating to the | ||||||
12 | administration and enforcement of the provisions of the tax | ||||||
13 | imposed, except that reference in that Act to any municipality | ||||||
14 | shall refer to the Authority and the tax shall be imposed only | ||||||
15 | with regard to receipts from sales of motor fuel in the | ||||||
16 | metropolitan region, at rates as limited by this Section. | ||||||
17 | (c) In connection with the tax imposed under subsection | ||||||
18 | (b), the Board may impose a tax upon the privilege of using in | ||||||
19 | the metropolitan region motor fuel for the operation of a | ||||||
20 | motor vehicle upon public highways at a rate not in excess of | ||||||
21 | the rate of tax imposed under subsection (b). The Board may | ||||||
22 | provide details of the tax. | ||||||
23 | (d) The Board may impose a motor vehicle parking tax upon | ||||||
24 | the privilege of parking motor vehicles at off-street parking | ||||||
25 | facilities in the metropolitan region at which a fee is | ||||||
26 | charged, may provide for reasonable classifications in and |
| |||||||
| |||||||
1 | exemptions to the tax for administration and enforcement | ||||||
2 | thereof and for civil penalties and refunds thereunder, and | ||||||
3 | may provide criminal penalties thereunder, the maximum | ||||||
4 | penalties not to exceed the maximum criminal penalties | ||||||
5 | provided in the Retailers' Occupation Tax Act. The Authority | ||||||
6 | may collect and enforce the tax itself or by contract with any | ||||||
7 | unit of local government. The Department of Revenue shall have | ||||||
8 | no responsibility for the collection and enforcement unless | ||||||
9 | the Department agrees with the Authority to undertake the | ||||||
10 | collection and enforcement. As used in this subsection, | ||||||
11 | "parking facility" means a parking area or structure having | ||||||
12 | parking spaces for more than 2 vehicles at which motor | ||||||
13 | vehicles are permitted to park in return for an hourly, daily, | ||||||
14 | or other periodic fee, whether publicly or privately owned, | ||||||
15 | but does not include parking spaces on a public street, the use | ||||||
16 | of which is regulated by parking meters. | ||||||
17 | (e) The Board may impose a Metropolitan Mobility Authority | ||||||
18 | Retailers' Occupation Tax upon all persons engaged in the | ||||||
19 | business of selling tangible personal property at retail in | ||||||
20 | the metropolitan region. In Cook County, the tax rate shall be | ||||||
21 | 1.25% of the gross receipts from sales of tangible personal | ||||||
22 | property taxed at the 1% rate under the Retailers' Occupation | ||||||
23 | Tax Act and 1% of the gross receipts from other taxable sales | ||||||
24 | made in the course of that business. In DuPage, Kane, Lake, | ||||||
25 | McHenry, and Will counties, the tax rate shall be 0.75% of the | ||||||
26 | gross receipts from all taxable sales made in the course of |
| |||||||
| |||||||
1 | that business. However, the rate of tax imposed in DuPage, | ||||||
2 | Kane, Lake, McHenry, and Will counties under this Section on | ||||||
3 | sales of aviation fuel shall be 0.25% unless the Authority in | ||||||
4 | DuPage, Kane, Lake, McHenry, and Will counties has an | ||||||
5 | airport-related purpose and the additional 0.50% of the 0.75% | ||||||
6 | tax on aviation fuel is expended for airport-related purposes. | ||||||
7 | If there is no airport-related purpose to which aviation fuel | ||||||
8 | tax revenue is dedicated, then aviation fuel is excluded from | ||||||
9 | the additional 0.50% of the 0.75% tax. The tax imposed under | ||||||
10 | this Section and all civil penalties that may be assessed as an | ||||||
11 | incident thereof shall be collected and enforced by the | ||||||
12 | Department of Revenue. The Department has full power to | ||||||
13 | administer and enforce this Section; to collect all taxes and | ||||||
14 | penalties so collected in the manner provided in this Section; | ||||||
15 | and to determine all rights to credit memoranda arising on | ||||||
16 | account of the erroneous payment of tax or penalty under this | ||||||
17 | Section. In the administration of and compliance with this | ||||||
18 | Section, the Department and persons who are subject to this | ||||||
19 | Section shall have the same rights, remedies, privileges, | ||||||
20 | immunities, powers, and duties, and be subject to the same | ||||||
21 | conditions, restrictions, limitations, penalties, exclusions, | ||||||
22 | exemptions, and definitions of terms, and employ the same | ||||||
23 | modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, | ||||||
24 | 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all | ||||||
25 | provisions therein other than the State rate of tax), 2c, 3 | ||||||
26 | (except as to the disposition of taxes and penalties |
| |||||||
| |||||||
1 | collected, and except that the retailer's discount is not | ||||||
2 | allowed for taxes paid on aviation fuel that are subject to the | ||||||
3 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
4 | 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, | ||||||
5 | 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the | ||||||
6 | Retailers' Occupation Tax Act and Section 3-7 of the Uniform | ||||||
7 | Penalty and Interest Act, as fully as if those provisions were | ||||||
8 | set forth in this Section. | ||||||
9 | (f) The Board and DuPage, Kane, Lake, McHenry, and Will | ||||||
10 | counties must comply with the certification requirements for | ||||||
11 | airport-related purposes under Section 2-22 of the Retailers' | ||||||
12 | Occupation Tax Act. This exclusion for aviation fuel only | ||||||
13 | applies for so long as the revenue use requirements of 49 | ||||||
14 | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the | ||||||
15 | Authority. | ||||||
16 | (g) Persons subject to any tax imposed under the authority | ||||||
17 | granted in this Section may reimburse themselves for their | ||||||
18 | seller's tax liability hereunder by separately stating the tax | ||||||
19 | as an additional charge, which charge may be stated in | ||||||
20 | combination in a single amount with State taxes that sellers | ||||||
21 | are required to collect under the Use Tax Act, under any | ||||||
22 | bracket schedules the Department may prescribe. | ||||||
23 | (h) Whenever the Department determines that a refund | ||||||
24 | should be made under this Section to a claimant instead of | ||||||
25 | issuing a credit memorandum, the Department shall notify the | ||||||
26 | State Comptroller, who shall cause the warrant to be drawn for |
| |||||||
| |||||||
1 | the amount specified, and to the person named, in the | ||||||
2 | notification from the Department. The State Treasurer shall | ||||||
3 | pay the refund out of the Metropolitan Mobility Authority | ||||||
4 | Occupation and Use Tax Replacement Fund or the Local | ||||||
5 | Government Aviation Trust Fund, as appropriate. | ||||||
6 | (i) If a tax is imposed under subsection (e), a tax shall | ||||||
7 | also be imposed under subsections (m) and (r). | ||||||
8 | (j) For the purpose of determining whether a tax | ||||||
9 | authorized under this Section is applicable, a retail sale by | ||||||
10 | a producer of coal or other mineral mined in Illinois is a sale | ||||||
11 | at retail at the place where the coal or other mineral mined in | ||||||
12 | Illinois is extracted from the earth. This subsection does not | ||||||
13 | apply to coal or other minerals when it is delivered or shipped | ||||||
14 | by the seller to the purchaser at a point outside Illinois so | ||||||
15 | that the sale is exempt under the United States Constitution | ||||||
16 | as a sale in interstate or foreign commerce. | ||||||
17 | (k) A tax may not be imposed or collected under this | ||||||
18 | Section on the sale of a motor vehicle in this State to a | ||||||
19 | resident of another state if that motor vehicle will not be | ||||||
20 | titled in this State. | ||||||
21 | (l) Nothing in this Section shall be construed to | ||||||
22 | authorize the Authority to impose a tax upon the privilege of | ||||||
23 | engaging in any business that under the United States | ||||||
24 | Constitution may not be made the subject of taxation by this | ||||||
25 | State. | ||||||
26 | (m) If a tax has been imposed under subsection (e), a |
| |||||||
| |||||||
1 | Metropolitan Mobility Authority Service Occupation Tax shall | ||||||
2 | also be imposed upon all persons engaged in the metropolitan | ||||||
3 | region in the business of making sales of service who, as an | ||||||
4 | incident to making the sales of service, transfer tangible | ||||||
5 | personal property within the metropolitan region, either in | ||||||
6 | the form of tangible personal property or in the form of real | ||||||
7 | estate as an incident to a sale of service. In Cook County, the | ||||||
8 | tax rate shall be: (1) 1.25% of the serviceman's cost price of | ||||||
9 | food prepared for immediate consumption and transferred | ||||||
10 | incident to a sale of service subject to the service | ||||||
11 | occupation tax by an entity licensed under the Hospital | ||||||
12 | Licensing Act, the Nursing Home Care Act, the Specialized | ||||||
13 | Mental Health Rehabilitation Act of 2013, the ID/DD Community | ||||||
14 | Care Act, or the MC/DD Act that is located in the metropolitan | ||||||
15 | region; (2) 1.25% of the selling price of tangible personal | ||||||
16 | property taxed at the 1% rate under the Service Occupation Tax | ||||||
17 | Act; and (3) 1% of the selling price from other taxable sales | ||||||
18 | of tangible personal property transferred. In DuPage, Kane, | ||||||
19 | Lake, McHenry, and Will counties, the rate shall be 0.75% of | ||||||
20 | the selling price of all tangible personal property | ||||||
21 | transferred. However, the rate of tax imposed in DuPage, Kane, | ||||||
22 | Lake, McHenry, and Will counties under this Section on sales | ||||||
23 | of aviation fuel shall be 0.25% unless the Authority in | ||||||
24 | DuPage, Kane, Lake, McHenry, and Will counties has an | ||||||
25 | airport-related purpose and the additional 0.50% of the 0.75% | ||||||
26 | tax on aviation fuel is expended for airport-related purposes. |
| |||||||
| |||||||
1 | If there is no airport-related purpose to which aviation fuel | ||||||
2 | tax revenue is dedicated, then aviation fuel is excluded from | ||||||
3 | the additional 0.5% of the 0.75% tax. | ||||||
4 | (n) The tax imposed under subsection (e) and all civil | ||||||
5 | penalties that may be assessed as an incident thereof shall be | ||||||
6 | collected and enforced by the Department of Revenue. The | ||||||
7 | Department has full power to administer and enforce this | ||||||
8 | subsection; to collect all taxes and penalties due hereunder; | ||||||
9 | to dispose of taxes and penalties collected in the manner | ||||||
10 | hereinafter provided; and to determine all rights to credit | ||||||
11 | memoranda arising on account of the erroneous payment of tax | ||||||
12 | or penalty hereunder. In the administration of and compliance | ||||||
13 | with this subsection, the Department and persons who are | ||||||
14 | subject to this subsection shall have the same rights, | ||||||
15 | remedies, privileges, immunities, powers, and duties, and be | ||||||
16 | subject to the same conditions, restrictions, limitations, | ||||||
17 | penalties, exclusions, exemptions, and definitions of terms, | ||||||
18 | and employ the same modes of procedure, as are prescribed in | ||||||
19 | Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all | ||||||
20 | provisions therein other than the State rate of tax), 4 | ||||||
21 | (except that the reference to the State shall be to the | ||||||
22 | Authority), 5, 7, 8 (except that the jurisdiction to which the | ||||||
23 | tax shall be a debt to the extent indicated in that Section 8 | ||||||
24 | shall be the Authority), 9 (except as to the disposition of | ||||||
25 | taxes and penalties collected, and except that the returned | ||||||
26 | merchandise credit for this tax may not be taken against any |
| |||||||
| |||||||
1 | State tax, and except that the retailer's discount is not | ||||||
2 | allowed for taxes paid on aviation fuel that are subject to the | ||||||
3 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
4 | 47133), 10, 11, 12 (except the reference therein to Section 2b | ||||||
5 | of the Retailers' Occupation Tax Act), 13 (except that any | ||||||
6 | reference to the State means the Authority), the first | ||||||
7 | paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service | ||||||
8 | Occupation Tax Act and Section 3-7 of the Uniform Penalty and | ||||||
9 | Interest Act, as fully as if those provisions were set forth in | ||||||
10 | this Section. | ||||||
11 | (o) Persons subject to any tax imposed under this Section | ||||||
12 | may reimburse themselves for their serviceman's tax liability | ||||||
13 | hereunder by separately stating the tax as an additional | ||||||
14 | charge, that charge may be stated in combination in a single | ||||||
15 | amount with State tax that servicemen are authorized to | ||||||
16 | collect under the Service Use Tax Act, under any bracket | ||||||
17 | schedules the Department may prescribe. | ||||||
18 | (p) Whenever the Department determines that a refund | ||||||
19 | should be made under this subsection to a claimant instead of | ||||||
20 | issuing a credit memorandum, the Department shall notify the | ||||||
21 | State Comptroller, who shall cause the warrant to be drawn for | ||||||
22 | the amount specified, and to the person named in the | ||||||
23 | notification from the Department. The State Treasurer shall | ||||||
24 | pay the refund out of the Metropolitan Mobility Authority | ||||||
25 | Occupation and Use Tax Replacement Fund established under | ||||||
26 | subsection (cc) or the Local Government Aviation Trust Fund, |
| |||||||
| |||||||
1 | as appropriate. | ||||||
2 | (q) Nothing in this Section shall be construed to | ||||||
3 | authorize the Authority to impose a tax upon the privilege of | ||||||
4 | engaging in any business that under the Constitution of the | ||||||
5 | United States may not be made the subject of taxation by the | ||||||
6 | State. | ||||||
7 | (r) If a tax has been imposed under subsection (e), a tax | ||||||
8 | shall also be imposed upon the privilege of using in the | ||||||
9 | metropolitan region, any item of tangible personal property | ||||||
10 | that is purchased outside the metropolitan region at retail | ||||||
11 | from a retailer, and that is titled or registered with an | ||||||
12 | agency of this State's government. In Cook County, the tax | ||||||
13 | rate shall be 1% of the selling price of the tangible personal | ||||||
14 | property, as "selling price" is defined in the Use Tax Act. In | ||||||
15 | DuPage, Kane, Lake, McHenry, and Will counties, the tax rate | ||||||
16 | shall be 0.75% of the selling price of the tangible personal | ||||||
17 | property, as "selling price" is defined in the Use Tax Act. The | ||||||
18 | tax shall be collected from persons whose Illinois address for | ||||||
19 | titling or registration purposes is given as being in the | ||||||
20 | metropolitan region. The tax shall be collected by the | ||||||
21 | Department of Revenue for the Authority. The tax must be paid | ||||||
22 | to the State, or an exemption determination must be obtained | ||||||
23 | from the Department of Revenue before the title or certificate | ||||||
24 | of registration for the property may be issued. The tax or | ||||||
25 | proof of exemption may be transmitted to the Department by way | ||||||
26 | of the State agency with which, or the State officer with whom, |
| |||||||
| |||||||
1 | the tangible personal property must be titled or registered if | ||||||
2 | the Department and the State agency or State officer determine | ||||||
3 | that this procedure will expedite the processing of | ||||||
4 | applications for title or registration. | ||||||
5 | (s) The Department has full power to administer and | ||||||
6 | enforce this subsection; to collect all taxes, penalties, and | ||||||
7 | interest due hereunder; to dispose of taxes, penalties, and | ||||||
8 | interest collected in the manner hereinafter provided; and to | ||||||
9 | determine all rights to credit memoranda or refunds arising on | ||||||
10 | account of the erroneous payment of tax, penalty, or interest | ||||||
11 | hereunder. In the administration of and compliance with this | ||||||
12 | subsection, the Department and persons who are subject to this | ||||||
13 | subsection shall have the same rights, remedies, privileges, | ||||||
14 | immunities, powers, and duties, and be subject to the same | ||||||
15 | conditions, restrictions, limitations, penalties, exclusions, | ||||||
16 | exemptions, and definitions of terms and employ the same modes | ||||||
17 | of procedure, as are prescribed in Sections 2 (except the | ||||||
18 | definition of "retailer maintaining a place of business in | ||||||
19 | this State"), 3 through 3-80 (except provisions pertaining to | ||||||
20 | the State rate of tax, and except provisions concerning | ||||||
21 | collection or refunding of the tax by retailers), 4, 11, 12, | ||||||
22 | 12a, 14, 15, 19 (except the portions pertaining to claims by | ||||||
23 | retailers and except the last paragraph concerning refunds), | ||||||
24 | 20, 21, and 22 of the Use Tax Act, and are not inconsistent | ||||||
25 | with this subsection, as fully as if those provisions were set | ||||||
26 | forth herein. |
| |||||||
| |||||||
1 | (t) The Authority may impose a replacement vehicle tax of | ||||||
2 | $50 on any passenger car, as defined in Section 1-157 of the | ||||||
3 | Illinois Vehicle Code, purchased within the metropolitan | ||||||
4 | region by or on behalf of an insurance company to replace a | ||||||
5 | passenger car of an insured person in settlement of a total | ||||||
6 | loss claim. The tax imposed may not become effective before | ||||||
7 | the first day of the month following the passage of the | ||||||
8 | ordinance imposing the tax and receipt of a certified copy of | ||||||
9 | the ordinance by the Department of Revenue. The Department of | ||||||
10 | Revenue shall collect the tax for the Authority in accordance | ||||||
11 | with Sections 3-2002 and 3-2003 of the Illinois Vehicle Code. | ||||||
12 | (u) The Department shall immediately pay over to the State | ||||||
13 | Treasurer, ex officio, as trustee, all taxes collected under | ||||||
14 | this Section. | ||||||
15 | (v) As soon as possible after the first day of each month, | ||||||
16 | upon certification of the Department of Revenue, the | ||||||
17 | Comptroller shall order transferred, and the Treasurer shall | ||||||
18 | transfer, to the STAR Bonds Revenue Fund the local sales tax | ||||||
19 | increment, as defined in the Innovation Development and | ||||||
20 | Economy Act, collected under this Section during the second | ||||||
21 | preceding calendar month for sales within a STAR bond | ||||||
22 | district. | ||||||
23 | (w) After the monthly transfer to the STAR Bonds Revenue | ||||||
24 | Fund, on or before the 25th day of each calendar month, the | ||||||
25 | Department shall prepare and certify to the Comptroller the | ||||||
26 | disbursement of stated sums of money to the Authority. The |
| |||||||
| |||||||
1 | amount to be paid to the Authority shall be the amount | ||||||
2 | collected under this Section during the second preceding | ||||||
3 | calendar month by the Department, less any amount determined | ||||||
4 | by the Department to be necessary for the payment of refunds, | ||||||
5 | and less any amounts that are transferred to the STAR Bonds | ||||||
6 | Revenue Fund. Within 10 days after receipt by the Comptroller | ||||||
7 | of the disbursement certification to the Authority provided | ||||||
8 | for in this Section to be given to the Comptroller by the | ||||||
9 | Department, the Comptroller shall cause the orders to be drawn | ||||||
10 | for that amount in accordance with the directions contained in | ||||||
11 | the certification. | ||||||
12 | (x) The Board may not impose any other taxes except as it | ||||||
13 | may from time to time be authorized by law to impose. | ||||||
14 | (y) A certificate of registration issued by the State | ||||||
15 | Department of Revenue to a retailer under the Retailers' | ||||||
16 | Occupation Tax Act or under the Service Occupation Tax Act | ||||||
17 | shall permit the registrant to engage in a business that is | ||||||
18 | taxed under the tax imposed under subsection (b), (e), (bb), | ||||||
19 | or (r) and no additional registration shall be required under | ||||||
20 | the tax. A certificate issued under the Use Tax Act or the | ||||||
21 | Service Use Tax Act shall be applicable with regard to any tax | ||||||
22 | imposed under subsection (c). | ||||||
23 | (z) The provisions of any tax imposed under subsection (c) | ||||||
24 | shall conform as closely as may be practicable to the | ||||||
25 | provisions of the Use Tax Act, including, without limitation, | ||||||
26 | conformity as to penalties with respect to the tax imposed and |
| |||||||
| |||||||
1 | as to the powers of the Department of Revenue to adopt and | ||||||
2 | enforce rules and regulations relating to the administration | ||||||
3 | and enforcement of the provisions of the tax imposed. The | ||||||
4 | taxes shall be imposed only on use within the metropolitan | ||||||
5 | region and at rates as provided in subsection (b). | ||||||
6 | (aa) The Board, in imposing any tax as provided in | ||||||
7 | subsections (b) and (c), shall, after seeking the advice of | ||||||
8 | the Department of Revenue, provide means for retailers, users, | ||||||
9 | or purchasers of motor fuel for purposes other than those with | ||||||
10 | regard to which the taxes may be imposed as provided in those | ||||||
11 | subsections to receive refunds of taxes improperly paid, which | ||||||
12 | provisions may be at variance with the refund provisions as | ||||||
13 | applicable under the Non-Home Rule Municipal Retailers' | ||||||
14 | Occupation Tax Act. The State Department of Revenue may | ||||||
15 | provide for certificates of registration for users or | ||||||
16 | purchasers of motor fuel for purposes other than those with | ||||||
17 | regard to which taxes may be imposed as provided in | ||||||
18 | subsections (b) and (c) to facilitate the reporting and | ||||||
19 | nontaxability of the exempt sales or uses. | ||||||
20 | (bb) An ordinance or resolution imposing, increasing, | ||||||
21 | decreasing, or discontinuing the tax under this Section shall | ||||||
22 | be adopted and a certified copy of the ordinance filed with the | ||||||
23 | Department, whereupon the Department shall proceed to | ||||||
24 | administer and enforce this Section as of the first day of the | ||||||
25 | first month to occur not less than 60 days following such | ||||||
26 | adoption and filing. |
| |||||||
| |||||||
1 | (cc) Except as otherwise provided in this subsection, the | ||||||
2 | Department of Revenue shall, upon collecting any taxes as | ||||||
3 | provided in this Section, pay the taxes to the State Treasurer | ||||||
4 | as trustee for the Authority. The taxes shall be held in the | ||||||
5 | Metropolitan Mobility Authority Occupation and Use Tax | ||||||
6 | Replacement Fund, a trust fund outside the State treasury. If | ||||||
7 | an airport-related purpose has been certified, taxes and | ||||||
8 | penalties collected in DuPage, Kane, Lake, McHenry, and Will | ||||||
9 | counties on aviation fuel sold from the 0.50% of the 0.75% rate | ||||||
10 | shall be immediately paid over by the Department to the State | ||||||
11 | Treasurer, ex officio, as trustee, for deposit into the Local | ||||||
12 | Government Aviation Trust Fund. The Department shall only pay | ||||||
13 | moneys into the Local Government Aviation Trust Fund under | ||||||
14 | this Act for so long as the revenue use requirements of 49 | ||||||
15 | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the | ||||||
16 | Authority. On or before the 25th day of each calendar month, | ||||||
17 | the State Department of Revenue shall prepare and certify to | ||||||
18 | the Comptroller of the State of Illinois and to the Authority | ||||||
19 | (i) the amount of taxes collected in each county other than | ||||||
20 | Cook County in the metropolitan region, (not including, if an | ||||||
21 | airport-related purpose has been certified, the taxes and | ||||||
22 | penalties collected from the 0.50% of the 0.75% rate on | ||||||
23 | aviation fuel that are deposited into the Local Government | ||||||
24 | Aviation Trust Fund) (ii) the amount of taxes collected within | ||||||
25 | the City of Chicago, and (iii) the amount collected in that | ||||||
26 | portion of Cook County outside Chicago, each amount less the |
| |||||||
| |||||||
1 | amount necessary for the payment of refunds to taxpayers | ||||||
2 | located in those areas described in items (i), (ii), and | ||||||
3 | (iii), and less 1.5% of the remainder, which shall be | ||||||
4 | transferred from the trust fund into the Tax Compliance and | ||||||
5 | Administration Fund. The Department, at the time of each | ||||||
6 | monthly disbursement to the Authority, shall prepare and | ||||||
7 | certify to the State Comptroller the amount to be transferred | ||||||
8 | into the Tax Compliance and Administration Fund under this | ||||||
9 | subsection. Within 10 days after receipt by the Comptroller of | ||||||
10 | the certification of the amounts, the Comptroller shall cause | ||||||
11 | an order to be drawn for the transfer of the amount certified | ||||||
12 | into the Tax Compliance and Administration Fund and the | ||||||
13 | payment of two-thirds of the amounts certified in item (i) of | ||||||
14 | this subsection to the Authority and one-third of the amounts | ||||||
15 | certified in item (i) of this subsection to the respective | ||||||
16 | counties other than Cook County and the amount certified in | ||||||
17 | items (ii) and (iii) of this subsection to the Authority. | ||||||
18 | (dd) In addition to the disbursement required by | ||||||
19 | subsection (cc), an allocation shall be made in each year to | ||||||
20 | the Authority. The allocation shall be made in an amount equal | ||||||
21 | to the average monthly distribution during the preceding | ||||||
22 | calendar year (excluding the 2 months of lowest receipts) and | ||||||
23 | the allocation shall include the amount of average monthly | ||||||
24 | distribution from the Metropolitan Mobility Authority | ||||||
25 | Occupation and Use Tax Replacement Fund. The distribution made | ||||||
26 | in each year under this subsection and in subsection (cc) |
| |||||||
| |||||||
1 | shall be reduced by the amount allocated and disbursed under | ||||||
2 | this subsection in the preceding calendar year. The Department | ||||||
3 | of Revenue shall prepare and certify to the Comptroller for | ||||||
4 | disbursement the allocations made in accordance with this | ||||||
5 | subsection. | ||||||
6 | (ee) The Authority's failure to adopt a budget ordinance | ||||||
7 | or adopt a Five-year Capital Program shall not affect the | ||||||
8 | validity of any tax imposed by the Authority otherwise in | ||||||
9 | conformity with law. | ||||||
10 | (ff) A public transportation tax or motor vehicle parking | ||||||
11 | tax authorized under subsections (b), (c), and (d) may not be | ||||||
12 | in effect at the same time as any retailers' occupation, use, | ||||||
13 | or service occupation tax authorized under subsections (e), | ||||||
14 | (m), and (r) is in effect. | ||||||
15 | (gg) Any taxes imposed under the authority provided in | ||||||
16 | subsections (b), (c), and (d) shall remain in effect only | ||||||
17 | until the time as any tax authorized by subsections (e), (m), | ||||||
18 | and (r) are imposed and becomes effective. Once any tax | ||||||
19 | authorized by subsections (e), (m), and (r) is imposed the | ||||||
20 | Board may not reimpose taxes as authorized in subsections (b), | ||||||
21 | (c), and (d) unless any tax authorized by subsections (e), | ||||||
22 | (m), and (r) becomes ineffective by means other than an | ||||||
23 | ordinance of the Board. | ||||||
24 | (hh) Any existing rights, remedies, and obligations, | ||||||
25 | including enforcement by the Authority, arising under any tax | ||||||
26 | imposed under subsections (b), (c), and (d) shall not be |
| |||||||
| |||||||
1 | affected by the imposition of a tax under subsections (e), | ||||||
2 | (m), and (r). | ||||||
3 | (ii) As used in this Section: | ||||||
4 | "Airport-related purposes" has the meaning given to that | ||||||
5 | term in Section 6z-20.2 of the State Finance Act. | ||||||
6 | "Motor fuel" has the meaning given to that term in Section | ||||||
7 | 1.1 of the Motor Fuel Tax Law. | ||||||
8 | Section 6.03. Gross receipts tax-automobile rental. | ||||||
9 | (a) The Board may impose a tax upon all persons engaged in | ||||||
10 | the business of renting automobiles in the metropolitan region | ||||||
11 | at the rate of not to exceed 1% of the gross receipts from such | ||||||
12 | business within Cook County and not to exceed 0.25% of the | ||||||
13 | gross receipts from such business within the counties of | ||||||
14 | DuPage, Kane, Lake, McHenry, and Will. The tax imposed | ||||||
15 | pursuant to this subsection and all civil penalties that may | ||||||
16 | be assessed as an incident thereof shall be collected and | ||||||
17 | enforced by the Department of Revenue. The certificate of | ||||||
18 | registration which is issued by the Department to a retailer | ||||||
19 | under the Retailers' Occupation Tax Act or under the | ||||||
20 | Automobile Renting Occupation and Use Tax Act shall permit | ||||||
21 | such person to engage in a business which is taxable under any | ||||||
22 | ordinance or resolution enacted pursuant to this subsection | ||||||
23 | without registering separately with the Department under such | ||||||
24 | ordinance or resolution or under this subsection. The | ||||||
25 | Department has full power to administer and enforce this |
| |||||||
| |||||||
1 | subsection; to collect all taxes and penalties due under this | ||||||
2 | subsection; to dispose of taxes and penalties so collected in | ||||||
3 | the manner provided in this subsection, and to determine all | ||||||
4 | rights to credit memoranda, arising on account of the | ||||||
5 | erroneous payment of tax or penalty under this subsection. In | ||||||
6 | the administration of, and compliance with, this subsection, | ||||||
7 | the Department and persons who are subject to this subsection | ||||||
8 | have the same rights, remedies, privileges, immunities, | ||||||
9 | powers, and duties, and are subject to the same conditions, | ||||||
10 | restrictions, limitations, penalties, and definitions of | ||||||
11 | terms, and employ the same modes of procedure, as are | ||||||
12 | prescribed in Sections 2 and 3 (in respect to all provisions | ||||||
13 | therein other than the State rate of tax; and with relation to | ||||||
14 | the provisions of the Retailers' Occupation Tax referred to | ||||||
15 | therein, except as to the disposition of taxes and penalties | ||||||
16 | collected, and except for the provision allowing retailers a | ||||||
17 | deduction from the tax cover certain costs, and except that | ||||||
18 | credit memoranda issued hereunder may not be used to discharge | ||||||
19 | any State tax liability) of the Automobile Renting Occupation | ||||||
20 | and Use Tax Act as fully as if provisions contained in those | ||||||
21 | Sections of said Act were set forth in this subsection. | ||||||
22 | Persons subject to any tax imposed pursuant to the authority | ||||||
23 | granted in this paragraph may reimburse themselves for their | ||||||
24 | tax liability under this subsection by separately stating such | ||||||
25 | tax as an additional charge, which charge may be stated in | ||||||
26 | combination, in a single amount, with State tax which sellers |
| |||||||
| |||||||
1 | are required to collect under the Automobile Renting | ||||||
2 | Occupation and Use Tax Act pursuant to such bracket schedules | ||||||
3 | as the Department may prescribe. Nothing in this subsection | ||||||
4 | shall be construed to authorize the Authority to impose a tax | ||||||
5 | upon the privilege of engaging in any business which under the | ||||||
6 | United States Constitution may not be made the subject of | ||||||
7 | taxation by this State. | ||||||
8 | (b) The Board may impose a tax upon the privilege of using, | ||||||
9 | in the metropolitan region, an automobile which is rented from | ||||||
10 | a renter outside Illinois, and that is titled or registered | ||||||
11 | with an agency of this State's government, at a rate not to | ||||||
12 | exceed 1% of the rental price of such automobile within Cook | ||||||
13 | County, and not to exceed 0.25% of the rental price within the | ||||||
14 | counties of DuPage, Kane, Lake, McHenry, and Will. Such tax | ||||||
15 | shall be collected from persons whose Illinois address for | ||||||
16 | titling or registration purposes is given as being in the | ||||||
17 | metropolitan region. Such tax shall be collected by the | ||||||
18 | Department of Revenue for the Authority. Such tax must be paid | ||||||
19 | to the State, or an exemption determination must be obtained | ||||||
20 | from the Department of Revenue before the title or certificate | ||||||
21 | of registration for the property may be issued. The tax or | ||||||
22 | proof of exemption may be transmitted to the Department by way | ||||||
23 | of the State agency with which, or State officer with whom the | ||||||
24 | tangible personal property must be titled or registered if the | ||||||
25 | Department and such agency or State officer determine that | ||||||
26 | this procedure will expedite the processing of applications |
| |||||||
| |||||||
1 | for title or registration. The Department has full power to | ||||||
2 | administer and enforce this subsection; to collect all taxes, | ||||||
3 | penalties and interest due under this subsection; to dispose | ||||||
4 | of taxes, penalties, and interest so collected in the manner | ||||||
5 | provided in this subsection, and to determine all rights to | ||||||
6 | credit memoranda or refunds arising on account of the | ||||||
7 | erroneous payment of tax, penalty, or interest under this | ||||||
8 | subsection. In the administration of, and compliance with, | ||||||
9 | this subsection, the Department and persons who are subject to | ||||||
10 | this paragraph have the same rights, remedies, privileges, | ||||||
11 | immunities, powers, and duties, and are subject to the same | ||||||
12 | conditions, restrictions, limitations, penalties, and | ||||||
13 | definitions of terms, and employ the same modes of procedure, | ||||||
14 | as are prescribed in Sections 2 and 4 (except provisions | ||||||
15 | pertaining to the State rate of tax; and with relation to the | ||||||
16 | provisions of the Use Tax Act referred to therein, except | ||||||
17 | provisions concerning collection or refunding of the tax by | ||||||
18 | retailers, and except the provisions of Section 19 pertaining | ||||||
19 | to claims by retailers and except the last paragraph | ||||||
20 | concerning refunds, and except that credit memoranda issued | ||||||
21 | hereunder may not be used to discharge any State tax | ||||||
22 | liability) of the Automobile Renting Occupation and Use Tax | ||||||
23 | Act which are not inconsistent with this subsection, as fully | ||||||
24 | as if provisions contained in those Sections of said Act were | ||||||
25 | set forth in this subsection. | ||||||
26 | (c) Whenever the Department determines that a refund |
| |||||||
| |||||||
1 | should be made under this Section to a claimant instead of | ||||||
2 | issuing a credit memorandum, the Department shall notify the | ||||||
3 | State Comptroller, who shall cause the order to be drawn for | ||||||
4 | the amount specified, and to the person named, in such | ||||||
5 | notification from the Department. Such refund shall be paid by | ||||||
6 | the State Treasurer out of the Metropolitan Mobility Authority | ||||||
7 | Occupation and Use Tax Replacement Fund created under Section | ||||||
8 | 6.02. | ||||||
9 | (d) The Department shall forthwith pay over to the State | ||||||
10 | Treasurer, ex officio, as trustee, all taxes, penalties and | ||||||
11 | interest collected under this Section. On or before the 25th | ||||||
12 | day of each calendar month, the Department shall prepare and | ||||||
13 | certify to the State Comptroller the amount to be paid to the | ||||||
14 | Authority. The State Department of Revenue shall also certify | ||||||
15 | to the Authority the amount of taxes collected in each county | ||||||
16 | other than Cook County in the metropolitan region less the | ||||||
17 | amount necessary for the payment of refunds to taxpayers in | ||||||
18 | such county. With regard to Cook County, the certification | ||||||
19 | shall specify the amount of taxes collected within the City of | ||||||
20 | Chicago less the amount necessary for the payment of refunds | ||||||
21 | to taxpayers in the City of Chicago and the amount collected in | ||||||
22 | that portion of Cook County outside the City of Chicago less | ||||||
23 | the amount necessary for the payment of refunds to taxpayers | ||||||
24 | in that portion of Cook County outside the City of Chicago. The | ||||||
25 | amount to be paid to the Authority shall be the amount, not | ||||||
26 | including credit memoranda, collected under this Section |
| |||||||
| |||||||
1 | during the second preceding calendar month by the Department, | ||||||
2 | and not including an amount equal to the amount of refunds made | ||||||
3 | during the second preceding calendar month by the Department | ||||||
4 | on behalf of the Authority. Within 10 days after receipt by the | ||||||
5 | State Comptroller of the disbursement certification to the | ||||||
6 | Authority, the State Comptroller shall cause the orders to be | ||||||
7 | drawn in accordance with the directions contained in such | ||||||
8 | certification. | ||||||
9 | (e) An ordinance imposing a tax under this Section or | ||||||
10 | effecting a change in the rate of the tax shall be effective on | ||||||
11 | the first day of the calendar month next following the month in | ||||||
12 | which such ordinance is passed. The Board shall transmit to | ||||||
13 | the Department of Revenue on or not later than 5 days after | ||||||
14 | passage of the ordinance a certified copy of the ordinance | ||||||
15 | imposing such tax whereupon the Department of Revenue shall | ||||||
16 | proceed to administer and enforce this Section on behalf of | ||||||
17 | the Authority as of the effective date of the ordinance. Upon a | ||||||
18 | change in rate of a tax levied hereunder, or upon the | ||||||
19 | discontinuance of the tax, the Board shall, on or not later | ||||||
20 | than 5 days after passage of the ordinance discontinuing the | ||||||
21 | tax or effecting a change in rate, transmit to the Department | ||||||
22 | of Revenue a certified copy of the ordinance effecting such | ||||||
23 | change or discontinuance. | ||||||
24 | Section 6.04. Distribution of revenues. | ||||||
25 | (a) This Section applies only after the Department begins |
| |||||||
| |||||||
1 | administering and enforcing an increased tax under subsection | ||||||
2 | (bb) of Section 6.02 as authorized by this Act. After | ||||||
3 | providing for payment of its obligations with respect to bonds | ||||||
4 | and notes issued under the provisions of Section 6.05 and | ||||||
5 | obligations related to those bonds and notes and separately | ||||||
6 | accounting for the tax on aviation fuel deposited into the | ||||||
7 | Local Government Aviation Trust Fund, the Authority shall | ||||||
8 | disburse the remaining proceeds from taxes it has received | ||||||
9 | from the Department of Revenue under this Article VI and the | ||||||
10 | remaining proceeds it has received from the State under | ||||||
11 | subsection (a) of Section 6.08 among the Authority programs. | ||||||
12 | (b) The Authority shall allocate among the Authority | ||||||
13 | programs money received by the Authority on account of | ||||||
14 | transfers to the Metropolitan Mobility Authority Occupation | ||||||
15 | and Use Tax Replacement Fund from the State and Local Sales Tax | ||||||
16 | Reform Fund. | ||||||
17 | (c) The Authority shall allocate money received from the | ||||||
18 | State under subsection (a) of Section 6.08 among the Authority | ||||||
19 | programs. | ||||||
20 | (d) The Authority shall allocate funds provided by the | ||||||
21 | State of Illinois under subsection (cc) of Section 6.02 among | ||||||
22 | the Authority programs. | ||||||
23 | (e) With respect to those taxes collected in DuPage, Kane, | ||||||
24 | Lake, McHenry, and Will counties and paid directly to the | ||||||
25 | counties under Section 6.02, the county board of each county | ||||||
26 | shall use those amounts to fund operating and capital costs of |
| |||||||
| |||||||
1 | public safety and public transportation services or facilities | ||||||
2 | or to fund operating, capital, right-of-way, construction, and | ||||||
3 | maintenance costs of other transportation purposes, including | ||||||
4 | road, bridge, public safety, and transit purposes intended to | ||||||
5 | improve mobility or reduce congestion in the county. The | ||||||
6 | receipt of funding by such counties pursuant to this | ||||||
7 | subsection may not be used as the basis for reducing any funds | ||||||
8 | that such counties would otherwise have received from the | ||||||
9 | State of Illinois, any agency or instrumentality thereof, the | ||||||
10 | Authority, or the Operating Divisions. | ||||||
11 | Section 6.05. Issuance and pledge of bonds and notes. | ||||||
12 | (a) The Authority may borrow money and to issue its | ||||||
13 | negotiable bonds or notes as provided in this Section. Unless | ||||||
14 | otherwise indicated in this Section, the term "notes" also | ||||||
15 | includes bond anticipation notes, which are notes which by | ||||||
16 | their terms provide for their payment from the proceeds of | ||||||
17 | bonds thereafter to be issued. | ||||||
18 | (b) Bonds or notes of the Authority may be issued for any | ||||||
19 | or all of the following purposes: | ||||||
20 | (1) to pay costs to the Authority of constructing or | ||||||
21 | acquiring any public transportation facilities, including | ||||||
22 | funds and rights relating thereto; | ||||||
23 | (2) to repay advances to the Authority made for such | ||||||
24 | purposes; and to pay other expenses of the Authority | ||||||
25 | incident to or incurred in connection with such |
| |||||||
| |||||||
1 | construction or acquisition; | ||||||
2 | (3) to provide funds for any transportation agency to | ||||||
3 | pay principal of or interest or redemption premium on any | ||||||
4 | bonds or notes, whether as such amounts become due or by | ||||||
5 | earlier redemption, issued prior to the effective date of | ||||||
6 | this Act by such transportation agency to construct or | ||||||
7 | acquire public transportation facilities or to provide | ||||||
8 | funds to purchase such bonds or notes; | ||||||
9 | (4) to provide funds for any transportation agency to | ||||||
10 | construct or acquire any public transportation facilities, | ||||||
11 | to repay advances made for such purposes, and to pay other | ||||||
12 | expenses incident to or incurred in connection with such | ||||||
13 | construction or acquisition; and | ||||||
14 | (5) to provide funds for payment of obligations, | ||||||
15 | including the funding of reserves, under any | ||||||
16 | self-insurance plan or joint self-insurance pool or | ||||||
17 | entity. | ||||||
18 | (c) In addition to any other borrowing as may be | ||||||
19 | authorized by this Section, the Authority may issue its notes, | ||||||
20 | from time to time, in anticipation of tax receipts of the | ||||||
21 | Authority or of other revenues or receipts of the Authority, | ||||||
22 | in order to provide money for the Authority to cover any cash | ||||||
23 | flow deficit which the Authority anticipates incurring. Any | ||||||
24 | such notes are referred to in this Section as "working cash | ||||||
25 | notes". | ||||||
26 | (d) Working cash notes may not be issued for a term of |
| |||||||
| |||||||
1 | longer than 24 months. | ||||||
2 | (e) Proceeds of working cash notes may be used to pay | ||||||
3 | day-to-day operating expenses of the Authority, consisting of | ||||||
4 | wages, salaries, and fringe benefits, professional and | ||||||
5 | technical services, including legal, audit, engineering, and | ||||||
6 | other consulting services, office rental, furniture, fixtures | ||||||
7 | and equipment, insurance premiums, claims for self-insured | ||||||
8 | amounts under insurance policies, public utility obligations | ||||||
9 | for telephone, light, heat, and similar items, travel | ||||||
10 | expenses, office supplies, postage, dues, subscriptions, | ||||||
11 | public hearings and information expenses, fuel purchases, and | ||||||
12 | payments of grants and payments under purchase of service | ||||||
13 | agreements for operations of transportation agencies, prior to | ||||||
14 | the receipt by the Authority from time to time of funds for | ||||||
15 | paying such expenses. | ||||||
16 | (f) The Authority may issue notes or bonds to pay, refund, | ||||||
17 | or redeem any of its notes and bonds, including to pay | ||||||
18 | redemption premiums or accrued interest on such bonds or notes | ||||||
19 | being renewed, paid or refunded, and other costs in connection | ||||||
20 | therewith. | ||||||
21 | (g) The Authority may use the proceeds of any bonds or | ||||||
22 | notes issued under this Section to pay the legal, financial, | ||||||
23 | administrative, and other expenses of such authorization, | ||||||
24 | issuance, sale, or delivery of bonds or notes or to provide or | ||||||
25 | increase a debt service reserve fund with respect to any or all | ||||||
26 | of its bonds or notes. |
| |||||||
| |||||||
1 | (h) The Authority may issue and deliver its bonds or notes | ||||||
2 | in exchange for any public transportation facilities, | ||||||
3 | including funds and rights relating thereto, or in exchange | ||||||
4 | for outstanding bonds or notes of the Authority, including any | ||||||
5 | accrued interest or redemption premium thereon, without | ||||||
6 | advertising or submitting such notes or bonds for public | ||||||
7 | bidding. | ||||||
8 | (i) The ordinance providing for the issuance of any bonds | ||||||
9 | or notes issued under this Section shall fix the date or dates | ||||||
10 | of maturity, the dates on which interest is payable, any | ||||||
11 | sinking fund account or reserve fund account provisions, and | ||||||
12 | all other details of such bonds or notes and may provide for | ||||||
13 | such covenants or agreements necessary or desirable with | ||||||
14 | regard to the issue, sale and security of such bonds or notes. | ||||||
15 | The rate or rates of interest on its bonds or notes may be | ||||||
16 | fixed or variable and the Authority shall determine or provide | ||||||
17 | for the determination of the rate or rates of interest of its | ||||||
18 | bonds or notes issued under this Act in an ordinance adopted by | ||||||
19 | the Authority prior to the issuance thereof, none of which | ||||||
20 | rates of interest shall exceed that permitted in the Bond | ||||||
21 | Authorization Act. Interest may be payable at such times as | ||||||
22 | are provided for by the Board. | ||||||
23 | (j) Bonds and notes issued under this Section may be | ||||||
24 | issued as serial or term obligations, shall be of such | ||||||
25 | denomination or denominations and form, including interest | ||||||
26 | coupons to be attached thereto, be executed in such manner, |
| |||||||
| |||||||
1 | shall be payable at such place or places and bear such date as | ||||||
2 | the Authority shall fix by the ordinance authorizing such bond | ||||||
3 | or note and shall mature at such time or times, within a period | ||||||
4 | not to exceed 40 years from the date of issue, and may be | ||||||
5 | redeemable prior to maturity with or without premium, at the | ||||||
6 | option of the Authority, upon such terms and conditions as the | ||||||
7 | Authority shall fix by the ordinance authorizing the issuance | ||||||
8 | of such bonds or notes. | ||||||
9 | (k) A bond anticipation note or any renewal thereof may | ||||||
10 | not mature at any time or times exceeding 5 years from the date | ||||||
11 | of the first issuance of such note. | ||||||
12 | (l) The Authority may provide for the registration of | ||||||
13 | bonds or notes in the name of the owner as to the principal | ||||||
14 | alone or as to both principal and interest, upon such terms and | ||||||
15 | conditions as the Authority may determine. | ||||||
16 | (m) The ordinance authorizing bonds or notes may provide | ||||||
17 | for the exchange of such bonds or notes which are fully | ||||||
18 | registered, as to both principal and interest, with bonds or | ||||||
19 | notes which are registrable as to principal only. | ||||||
20 | (n) All bonds or notes issued under this Section by the | ||||||
21 | Authority other than those issued in exchange for property or | ||||||
22 | for bonds or notes of the Authority shall be sold at a price | ||||||
23 | which may be at a premium or discount but such that the | ||||||
24 | interest cost, excluding any redemption premium, to the | ||||||
25 | Authority of the proceeds of an issue of such bonds or notes, | ||||||
26 | computed to stated maturity according to standard tables of |
| |||||||
| |||||||
1 | bond values, shall not exceed that permitted in the Bond | ||||||
2 | Authorization Act. | ||||||
3 | (o) The Authority shall notify the Governor's Office of | ||||||
4 | Management and Budget and the State Comptroller at least 30 | ||||||
5 | days before any bond sale and shall file with the Governor's | ||||||
6 | Office of Management and Budget and the State Comptroller a | ||||||
7 | certified copy of any ordinance authorizing the issuance of | ||||||
8 | bonds at or before the issuance of the bonds. | ||||||
9 | (p) Any such bonds or notes of the Authority shall be sold | ||||||
10 | to the highest and best bidder on sealed bids as the Authority | ||||||
11 | shall deem. As such bonds or notes are to be sold the Authority | ||||||
12 | shall advertise for proposals to purchase the bonds or notes | ||||||
13 | which advertisement shall be published at least once in a | ||||||
14 | daily newspaper of general circulation published in the | ||||||
15 | metropolitan region at least 10 days before the time set for | ||||||
16 | the submission of bids. The Authority shall have the right to | ||||||
17 | reject any or all bids. | ||||||
18 | (q) Notwithstanding any other provisions of this Section, | ||||||
19 | working cash notes or bonds or notes to provide funds for | ||||||
20 | self-insurance or a joint self-insurance pool or entity may be | ||||||
21 | sold either upon competitive bidding or by negotiated sale, | ||||||
22 | without any requirement of publication of intention to | ||||||
23 | negotiate the sale of such Notes, as the Board shall determine | ||||||
24 | by ordinance. | ||||||
25 | (r) In case any officer whose signature appears on any | ||||||
26 | bonds, notes, or coupons authorized pursuant to this Section |
| |||||||
| |||||||
1 | shall cease to be such officer before delivery of such bonds or | ||||||
2 | notes, such signature shall nevertheless be valid and | ||||||
3 | sufficient for all purposes, the same as if such officer had | ||||||
4 | remained in office until such delivery. Neither the Directors | ||||||
5 | of the Authority nor any person executing any bonds or notes | ||||||
6 | thereof shall be liable personally on any such bonds or notes | ||||||
7 | or coupons by reason of the issuance thereof. | ||||||
8 | (s) All bonds or notes of the Authority issued pursuant to | ||||||
9 | this Section shall be general obligations of the Authority to | ||||||
10 | which shall be pledged the full faith and credit of the | ||||||
11 | Authority, as provided in this Section. Such bonds or notes | ||||||
12 | shall be secured as provided in the authorizing ordinance, | ||||||
13 | which may, notwithstanding any other provision of this Act, | ||||||
14 | include in addition to any other security, a specific pledge | ||||||
15 | or assignment of and lien on or security interest in any or all | ||||||
16 | tax receipts of the Authority and on any or all other revenues | ||||||
17 | or moneys of the Authority from whatever source, which may, by | ||||||
18 | law, be used for debt service purposes and a specific pledge or | ||||||
19 | assignment of and lien on or security interest in any funds or | ||||||
20 | accounts established or provided for by the ordinance of the | ||||||
21 | Authority authorizing the issuance of such bonds or notes. Any | ||||||
22 | such pledge, assignment, lien, or security interest for the | ||||||
23 | benefit of holders of bonds or notes of the Authority shall be | ||||||
24 | valid and binding from the time the bonds or notes are issued | ||||||
25 | without any physical delivery or further act and shall be | ||||||
26 | valid and binding as against and prior to the claims of all |
| |||||||
| |||||||
1 | other parties having claims of any kind against the Authority | ||||||
2 | or any other person irrespective of whether such other parties | ||||||
3 | have notice of such pledge, assignment, lien, or security | ||||||
4 | interest. The obligations of the Authority incurred pursuant | ||||||
5 | to this Section are superior to and have priority over any | ||||||
6 | other obligations of the Authority. | ||||||
7 | (t) The Authority may provide in the ordinance authorizing | ||||||
8 | the issuance of any bonds or notes issued pursuant to this | ||||||
9 | Section for the creation of, deposits in, and regulation and | ||||||
10 | disposition of sinking fund or reserve accounts relating to | ||||||
11 | such bonds or notes. The ordinance authorizing the issuance of | ||||||
12 | any bonds or notes pursuant to this Section may contain | ||||||
13 | provisions as part of the contract with the holders of the | ||||||
14 | bonds or notes, for the creation of a separate fund to provide | ||||||
15 | for the payment of principal and interest on such bonds or | ||||||
16 | notes and for the deposit in such fund from any or all the tax | ||||||
17 | receipts of the Authority and from any or all such other moneys | ||||||
18 | or revenues of the Authority from whatever source which may by | ||||||
19 | law be used for debt service purposes, all as provided in such | ||||||
20 | ordinance, of amounts to meet the debt service requirements on | ||||||
21 | such bonds or notes, including principal and interest, and any | ||||||
22 | sinking fund or reserve fund account requirements as may be | ||||||
23 | provided by such ordinance, and all expenses incident to or in | ||||||
24 | connection with such fund and accounts or the payment of such | ||||||
25 | bonds or notes. Such ordinance may also provide limitations on | ||||||
26 | the issuance of additional bonds or notes of the Authority. |
| |||||||
| |||||||
1 | Such bonds or notes of the Authority do not constitute a debt | ||||||
2 | of the State of Illinois. Nothing in this Act shall be | ||||||
3 | construed to enable the Authority to impose any ad valorem tax | ||||||
4 | on property. | ||||||
5 | (u) The ordinance of the Authority authorizing the | ||||||
6 | issuance of any bonds or notes may provide additional security | ||||||
7 | for such bonds or notes by providing for appointment of a | ||||||
8 | corporate trustee, which may be any trust company or bank | ||||||
9 | having the powers of a trust company within the State, with | ||||||
10 | respect to such bonds or notes. The ordinance shall prescribe | ||||||
11 | the rights, duties, and powers of the trustee to be exercised | ||||||
12 | for the benefit of the Authority and the protection of the | ||||||
13 | holders of such bonds or notes. The ordinance may provide for | ||||||
14 | the trustee to hold in trust, invest, and use amounts in funds | ||||||
15 | and accounts created as provided by the ordinance with respect | ||||||
16 | to the bonds or notes. The ordinance may provide for the | ||||||
17 | assignment and direct payment to the trustee of any or all | ||||||
18 | amounts produced from the sources provided in Sections 6.02 | ||||||
19 | and 6.08 and provided in Section 6z-17 of the State Finance | ||||||
20 | Act. Upon receipt of notice of any such assignment, the | ||||||
21 | Department of Revenue and the Comptroller of the State of | ||||||
22 | Illinois shall thereafter, notwithstanding the provisions of | ||||||
23 | Sections 6.02 and 6.08 and Section 6z-17 of the State Finance | ||||||
24 | Act, provide for such assigned amounts to be paid directly to | ||||||
25 | the trustee instead of the Authority, all in accordance with | ||||||
26 | the terms of the ordinance making the assignment. The |
| |||||||
| |||||||
1 | ordinance shall provide that amounts so paid to the trustee | ||||||
2 | which are not required to be deposited, held, or invested in | ||||||
3 | funds and accounts created by the ordinance with respect to | ||||||
4 | bonds or notes or used for paying bonds or notes to be paid by | ||||||
5 | the trustee to the Authority. | ||||||
6 | (v) Any bonds or notes of the Authority issued pursuant to | ||||||
7 | this Section shall constitute a contract between the Authority | ||||||
8 | and the holders from time to time of such bonds or notes. In | ||||||
9 | issuing any bond or note, the Authority may include in the | ||||||
10 | ordinance authorizing such issue a covenant as part of the | ||||||
11 | contract with the holders of the bonds or notes, that as long | ||||||
12 | as such obligations are outstanding, it shall make such | ||||||
13 | deposits, as provided in subsection (c). It may also so | ||||||
14 | covenant that it shall impose and continue to impose taxes, as | ||||||
15 | provided in Section 6.02 and in addition thereto as | ||||||
16 | subsequently authorized by law, sufficient to make such | ||||||
17 | deposits and pay the principal and interest and to meet other | ||||||
18 | debt service requirements of such bonds or notes as they | ||||||
19 | become due. A certified copy of the ordinance authorizing the | ||||||
20 | issuance of any such obligations shall be filed at or prior to | ||||||
21 | the issuance of such obligations with the State Comptroller | ||||||
22 | and the Department of Revenue. | ||||||
23 | (w) The State of Illinois pledges to and agrees with the | ||||||
24 | holders of the bonds and notes of the Authority issued | ||||||
25 | pursuant to this Section that the State will not limit or alter | ||||||
26 | the rights and powers vested in the Authority by this Act to |
| |||||||
| |||||||
1 | impair the terms of any contract made by the Authority with | ||||||
2 | such holders or in any way impair the rights and remedies of | ||||||
3 | such holders until such bonds and notes, together with | ||||||
4 | interest thereon, with interest on any unpaid installments of | ||||||
5 | interest, and all costs and expenses in connection with any | ||||||
6 | action or proceedings by or on behalf of such holders, are | ||||||
7 | fully met and discharged. In addition, the State pledges to | ||||||
8 | and agrees with the holders of the bonds and notes of the | ||||||
9 | Authority issued pursuant to this Section that the State will | ||||||
10 | not limit or alter the basis on which State funds are to be | ||||||
11 | paid to the Authority as provided in this Act, or the use of | ||||||
12 | such funds, so as to impair the terms of any such contract. The | ||||||
13 | Authority may include these pledges and agreements of the | ||||||
14 | State in any contract with the holders of bonds or notes issued | ||||||
15 | pursuant to this Section. | ||||||
16 | (x) Except as provided in subsections (y) and (aa), the | ||||||
17 | Authority may not issue, sell, or deliver any bonds or notes, | ||||||
18 | other than working cash notes and lines of credit, pursuant to | ||||||
19 | this Section which will cause it to have issued and | ||||||
20 | outstanding at any time in excess of $800,000,000 of such | ||||||
21 | bonds and notes, other than working cash notes and lines of | ||||||
22 | credit. The Authority shall not issue, sell, or deliver any | ||||||
23 | working cash notes or establish a line of credit pursuant to | ||||||
24 | this Section that will cause it to have issued and outstanding | ||||||
25 | at any time in excess of $100,000,000. Bonds or notes which are | ||||||
26 | being paid or retired by such issuance, sale, or delivery of |
| |||||||
| |||||||
1 | bonds or notes, and bonds or notes for which sufficient funds | ||||||
2 | have been deposited with the paying agency of such bonds or | ||||||
3 | notes to provide for payment of principal and interest thereon | ||||||
4 | or to provide for the redemption thereof, all pursuant to the | ||||||
5 | ordinance authorizing the issuance of such bonds or notes, | ||||||
6 | shall not be considered to be outstanding for the purposes of | ||||||
7 | this subsection. | ||||||
8 | (y) The Authority may issue, sell, and deliver bonds or | ||||||
9 | notes in such amounts as are necessary to provide for the | ||||||
10 | refunding or advance refunding of bonds or notes issued for | ||||||
11 | Strategic Capital Improvement Projects under this subsection | ||||||
12 | if no such refunding bond or note shall mature later than the | ||||||
13 | final maturity date of the series of bonds or notes being | ||||||
14 | refunded and if the debt service requirements for such | ||||||
15 | refunding bonds or notes in the current or any future fiscal | ||||||
16 | year do not exceed the debt service requirements for that year | ||||||
17 | on the refunded bonds or notes. | ||||||
18 | (z) The Authority may also issue, sell, and deliver bonds | ||||||
19 | or notes in such amounts as are necessary to provide for the | ||||||
20 | refunding or advance refunding of bonds or notes issued for | ||||||
21 | Strategic Capital Improvement Projects under paragraph (3) of | ||||||
22 | subsection (g) of Section 4.04 of the Regional Transportation | ||||||
23 | Authority Act (repealed), provided that no such refunding bond | ||||||
24 | or note shall mature later than the final maturity date of the | ||||||
25 | series of bonds or notes being refunded, and provided further | ||||||
26 | that the debt service requirements for such refunding bonds or |
| |||||||
| |||||||
1 | notes in the current or any future fiscal year shall not exceed | ||||||
2 | the debt service requirements for that year on the refunded | ||||||
3 | bonds or notes. | ||||||
4 | (aa) The Authority, subject to the terms of any agreements | ||||||
5 | with noteholders or bondholders as may then exist, may, out of | ||||||
6 | any funds available therefore, purchase notes or bonds of the | ||||||
7 | Authority, which shall thereupon be canceled. | ||||||
8 | (bb) In addition to any other authority granted by law, | ||||||
9 | the State Treasurer may, with the approval of the Governor, | ||||||
10 | invest or reinvest, at a price not to exceed par, any State | ||||||
11 | money in the State treasury which is not needed for current | ||||||
12 | expenditures due or about to become due in working cash notes. | ||||||
13 | If there is a default on a working cash note issued by the | ||||||
14 | Authority in which State money in the State treasury was | ||||||
15 | invested, the Treasurer may, after giving notice to the | ||||||
16 | Authority, certify to the Comptroller the amounts of the | ||||||
17 | defaulted working cash note, in accordance with any applicable | ||||||
18 | rules of the Comptroller, and the Comptroller must deduct and | ||||||
19 | remit to the State treasury the certified amounts or a portion | ||||||
20 | of those amounts from the following proportions of payments of | ||||||
21 | State funds to the Authority: | ||||||
22 | (i) in the first year after default, one-third of the | ||||||
23 | total amount of any payments of State funds to the | ||||||
24 | Authority; | ||||||
25 | (ii) in the second year after default, two-thirds of | ||||||
26 | the total amount of any payments of State funds to the |
| |||||||
| |||||||
1 | Authority; and | ||||||
2 | (iii) in the third year after default and for each | ||||||
3 | year thereafter until the total invested amount is repaid, | ||||||
4 | the total amount of any payments of State funds to the | ||||||
5 | Authority. | ||||||
6 | (cc) The Authority may establish a line of credit with a | ||||||
7 | bank or other financial institution as may be evidenced by the | ||||||
8 | issuance of notes or other obligations, secured by and payable | ||||||
9 | from all tax receipts of the Authority and any or all other | ||||||
10 | revenues or moneys of the Authority, in an amount not to exceed | ||||||
11 | the limitations set forth in subsection (x). Money borrowed | ||||||
12 | under this subsection shall be used to provide money for the | ||||||
13 | Authority to cover any cash flow deficit that the Authority | ||||||
14 | anticipates incurring and shall be repaid within 24 months. | ||||||
15 | (dd) Before establishing a line of credit under subsection | ||||||
16 | (cc), the Authority shall authorize the line of credit by | ||||||
17 | ordinance. The ordinance shall set forth facts demonstrating | ||||||
18 | the need for the line of credit, state the amount to be | ||||||
19 | borrowed, establish a maximum interest rate limit not to | ||||||
20 | exceed the maximum rate authorized by the Bond Authorization | ||||||
21 | Act, and provide a date by which the borrowed funds shall be | ||||||
22 | repaid. The ordinance shall authorize and direct the relevant | ||||||
23 | officials to make arrangements to set apart and hold, as | ||||||
24 | applicable, the moneys that will be used to repay the | ||||||
25 | borrowing. In addition, the ordinance may authorize the | ||||||
26 | relevant officials to make partial repayments on the line of |
| |||||||
| |||||||
1 | credit as the moneys become available and may contain any | ||||||
2 | other terms, restrictions, or limitations desirable or | ||||||
3 | necessary to give effect to subsection (cc). | ||||||
4 | (ee) The Authority shall notify the Governor's Office of | ||||||
5 | Management and Budget and the State Comptroller at least 30 | ||||||
6 | days before establishing a line of credit and shall file with | ||||||
7 | the Governor's Office of Management and Budget and the State | ||||||
8 | Comptroller a certified copy of any ordinance authorizing the | ||||||
9 | establishment of a line of credit upon or before establishing | ||||||
10 | the line of credit. | ||||||
11 | (ff) Moneys borrowed under a line of credit pursuant to | ||||||
12 | subsection (cc) are general obligations of the Authority that | ||||||
13 | are secured by the full faith and credit of the Authority. | ||||||
14 | Section 6.06. Bonds, notes, and certificates; legal | ||||||
15 | investments. The State, all units of local government, all | ||||||
16 | public officers, banks, bankers, trust companies, savings | ||||||
17 | banks and institutions, building and loan associations, | ||||||
18 | savings and loan associations, investment companies and other | ||||||
19 | persons carrying on a banking business, insurance companies, | ||||||
20 | insurance associations and other persons carrying on an | ||||||
21 | insurance business, and all executors, administrators, | ||||||
22 | guardians, trustees and other fiduciaries may legally invest | ||||||
23 | any sinking funds, moneys, or other funds belonging to them or | ||||||
24 | within their control in any bonds, notes, or equipment trust | ||||||
25 | certificates issued pursuant to this Act, it being the purpose |
| |||||||
| |||||||
1 | of this Section to authorize the investment in such bonds, | ||||||
2 | notes, or certificates of all sinking, insurance, retirement, | ||||||
3 | compensation, pension, and trust funds, whether owned or | ||||||
4 | controlled by private or public persons or officers. However, | ||||||
5 | nothing in this Section may be construed as relieving any | ||||||
6 | person, firm, or corporation from any duty of exercising | ||||||
7 | reasonable care in selecting securities for purchase or | ||||||
8 | investment. | ||||||
9 | Section 6.07. Exemption from taxation. The Authority is | ||||||
10 | exempt from all State and unit of local government taxes and | ||||||
11 | registration and license fees other than as required for motor | ||||||
12 | vehicle registration in accordance with the Illinois Vehicle | ||||||
13 | Code. All property of the Authority is declared to be public | ||||||
14 | property devoted to an essential public and governmental | ||||||
15 | function and purpose and is exempt from all taxes and special | ||||||
16 | assessments of the State, any subdivision thereof, or any unit | ||||||
17 | of local government. | ||||||
18 | Section 6.08. Public Transportation Fund and the | ||||||
19 | Metropolitan Mobility Authority Occupation and Use Tax | ||||||
20 | Replacement Fund. | ||||||
21 | (a) As soon as possible after the first day of each month, | ||||||
22 | upon certification of the Department of Revenue, the | ||||||
23 | Comptroller shall order transferred and the Treasurer shall | ||||||
24 | transfer from the General Revenue Fund to the Public |
| |||||||
| |||||||
1 | Transportation Fund, a special fund in the State treasury, an | ||||||
2 | amount equal to 25% of the net revenue, before the deduction of | ||||||
3 | the serviceman and retailer discounts pursuant to Section 9 of | ||||||
4 | the Service Occupation Tax Act and Section 3 of the Retailers' | ||||||
5 | Occupation Tax Act, realized from any tax imposed by the | ||||||
6 | Authority pursuant to Sections 6.02 and 6.03 and 25% of the | ||||||
7 | amounts deposited into the Metropolitan Mobility Authority | ||||||
8 | Occupation and Use Tax Replacement Fund created by Section | ||||||
9 | 6.02, from the County and Mass Transit District Fund as | ||||||
10 | provided in Section 6z-20 of the State Finance Act and 25% of | ||||||
11 | the amounts deposited into the Metropolitan Mobility Authority | ||||||
12 | Occupation and Use Tax Replacement Fund from the State and | ||||||
13 | Local Sales Tax Reform Fund as provided in Section 6z-17 of the | ||||||
14 | State Finance Act. On the first day of the month following the | ||||||
15 | date that the Department receives revenues from increased | ||||||
16 | taxes under subsection (cc) of Section 6.02, in lieu of the | ||||||
17 | transfers authorized in the preceding sentence, upon | ||||||
18 | certification of the Department of Revenue, the Comptroller | ||||||
19 | shall order transferred and the Treasurer shall transfer from | ||||||
20 | the General Revenue Fund to the Public Transportation Fund an | ||||||
21 | amount equal to 25% of the net revenue, before the deduction of | ||||||
22 | the serviceman and retailer discounts pursuant to Section 9 of | ||||||
23 | the Service Occupation Tax Act and Section 3 of the Retailers' | ||||||
24 | Occupation Tax Act, realized from (i) 80% of the proceeds of | ||||||
25 | any tax imposed by the Authority at a rate of 1.25% in Cook | ||||||
26 | County, (ii) 75% of the proceeds of any tax imposed by the |
| |||||||
| |||||||
1 | Authority at the rate of 1% in Cook County, and (iii) one-third | ||||||
2 | of the proceeds of any tax imposed by the Authority at the rate | ||||||
3 | of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and | ||||||
4 | Will, all pursuant to Section 6.02, and 25% of the net revenue | ||||||
5 | realized from any tax imposed by the Authority pursuant to | ||||||
6 | Section 6.03, and 25% of the amounts deposited into the | ||||||
7 | Metropolitan Mobility Authority Occupation and Use Tax | ||||||
8 | Replacement Fund created by Section 6.02 from the County and | ||||||
9 | Mass Transit District Fund as provided in Section 6z-20 of the | ||||||
10 | State Finance Act, and 25% of the amounts deposited into the | ||||||
11 | Metropolitan Mobility Authority Occupation and Use Tax | ||||||
12 | Replacement Fund from the State and Local Sales Tax Reform | ||||||
13 | Fund as provided in Section 6z-17 of the State Finance Act. As | ||||||
14 | used in this Section, net revenue realized for a month shall be | ||||||
15 | the revenue collected by the State pursuant to Sections 6.02 | ||||||
16 | and 6.03 during the previous month from within the | ||||||
17 | metropolitan region, less the amount paid out during that same | ||||||
18 | month as refunds to taxpayers for overpayment of liability in | ||||||
19 | the metropolitan region under Sections 6.02 and 6.03. | ||||||
20 | (b) Notwithstanding any provision of law to the contrary, | ||||||
21 | those amounts required under subsection (a) to be transferred | ||||||
22 | by the Treasurer into the Public Transportation Fund from the | ||||||
23 | General Revenue Fund shall be directly deposited into the | ||||||
24 | Public Transportation Fund as the revenues are realized from | ||||||
25 | the taxes indicated. | ||||||
26 | (c) Except as otherwise provided in subsection (c), on the |
| |||||||
| |||||||
1 | first day of each month, upon certification by the Department | ||||||
2 | of Revenue, the Comptroller shall order transferred and the | ||||||
3 | Treasurer shall transfer from the General Revenue Fund to the | ||||||
4 | Public Transportation Fund an amount equal to 5% of the net | ||||||
5 | revenue, before the deduction of the serviceman and retailer | ||||||
6 | discounts pursuant to Section 9 of the Service Occupation Tax | ||||||
7 | Act and Section 3 of the Retailers' Occupation Tax Act, | ||||||
8 | realized from any tax imposed by the Authority pursuant to | ||||||
9 | Sections 6.02 and 6.03 and certified by the Department of | ||||||
10 | Revenue under subsection (cc) of Section 6.02 to be paid to the | ||||||
11 | Authority and 5% of the amounts deposited into the | ||||||
12 | Metropolitan Mobility Authority Occupation and Use Tax | ||||||
13 | Replacement Fund created by subsection (cc) of Section 6.02 | ||||||
14 | from the County and Mass Transit District Fund as provided in | ||||||
15 | Section 6z-20 of the State Finance Act, and 5% of the amounts | ||||||
16 | deposited into the Metropolitan Mobility Authority Occupation | ||||||
17 | and Use Tax Replacement Fund from the State and Local Sales Tax | ||||||
18 | Reform Fund as provided in Section 6z-17 of the State Finance | ||||||
19 | Act, and 5% of the revenue realized by the Authority as | ||||||
20 | financial assistance from the City of Chicago from the | ||||||
21 | proceeds of any tax imposed by the City of Chicago under | ||||||
22 | Section 8-3-19 of the Illinois Municipal Code. | ||||||
23 | (d) Notwithstanding any provision of law to the contrary, | ||||||
24 | those amounts required under subsection (e) to be transferred | ||||||
25 | by the Treasurer into the Public Transportation Fund from the | ||||||
26 | General Revenue Fund shall be directly deposited into the |
| |||||||
| |||||||
1 | Public Transportation Fund as the revenues are realized from | ||||||
2 | the taxes indicated. | ||||||
3 | (e) Except as otherwise provided in subsection (g), as | ||||||
4 | soon as possible after the first day of each month, upon | ||||||
5 | certification of the Department of Revenue with respect to the | ||||||
6 | taxes collected under Section 6.02, the Comptroller shall | ||||||
7 | order transferred and the Treasurer shall transfer from the | ||||||
8 | General Revenue Fund to the Public Transportation Fund an | ||||||
9 | amount equal to 25% of the net revenue, before the deduction of | ||||||
10 | the serviceman and retailer discounts pursuant to Section 9 of | ||||||
11 | the Service Occupation Tax Act and Section 3 of the Retailers' | ||||||
12 | Occupation Tax Act, realized from (i) 20% of the proceeds of | ||||||
13 | any tax imposed by the Authority at a rate of 1.25% in Cook | ||||||
14 | County, (ii) 25% of the proceeds of any tax imposed by the | ||||||
15 | Authority at the rate of 1% in Cook County, and (iii) one-third | ||||||
16 | of the proceeds of any tax imposed by the Authority at the rate | ||||||
17 | of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and | ||||||
18 | Will, all pursuant to Section 6.02, and the Comptroller shall | ||||||
19 | order transferred and the Treasurer shall transfer from the | ||||||
20 | General Revenue Fund to the Public Transportation Fund (iv) an | ||||||
21 | amount equal to 25% of the revenue realized by the Authority as | ||||||
22 | financial assistance from the City of Chicago from the | ||||||
23 | proceeds of any tax imposed by the City of Chicago under | ||||||
24 | Section 8-3-19 of the Illinois Municipal Code. | ||||||
25 | (f) Notwithstanding any provision of law to the contrary, | ||||||
26 | those amounts required under subsection (e) to be transferred |
| |||||||
| |||||||
1 | by the Treasurer into the Public Transportation Fund from the | ||||||
2 | General Revenue Fund shall be directly deposited into the | ||||||
3 | Public Transportation Fund as the revenues are realized from | ||||||
4 | the taxes indicated | ||||||
5 | (g) Notwithstanding any provision of law to the contrary, | ||||||
6 | of the transfers to be made under subsections (a), (c), and (e) | ||||||
7 | from the General Revenue Fund to the Public Transportation | ||||||
8 | Fund, the first $150,000,000 that would have otherwise been | ||||||
9 | transferred from the General Revenue Fund shall be transferred | ||||||
10 | from the Road Fund. The remaining balance of such transfers | ||||||
11 | shall be made from the General Revenue Fund. | ||||||
12 | (h) All moneys deposited into the Public Transportation | ||||||
13 | Fund and the Metropolitan Mobility Authority Occupation and | ||||||
14 | Use Tax Replacement Fund, whether deposited pursuant to this | ||||||
15 | Section or otherwise, are allocated to the Authority, except | ||||||
16 | for amounts appropriated to the Office of the Executive | ||||||
17 | Inspector General under subsection (a) of Section 5.14 and | ||||||
18 | amounts transferred to the Audit Expense Fund pursuant to | ||||||
19 | Section 6z-27 of the State Finance Act. The Comptroller, as | ||||||
20 | soon as possible after each monthly transfer provided in this | ||||||
21 | Section and after each deposit into the Public Transportation | ||||||
22 | Fund, shall order the Treasurer to pay to the Authority out of | ||||||
23 | the Public Transportation Fund the amount so transferred or | ||||||
24 | deposited. Any additional state assistance and additional | ||||||
25 | financial assistance paid to the Authority under this Section | ||||||
26 | shall be expended by the Authority for its purposes as |
| |||||||
| |||||||
1 | provided in this Act. The balance of the amounts paid to the | ||||||
2 | Authority from the Public Transportation Fund shall be | ||||||
3 | expended by the Authority as provided in Section 6.04. The | ||||||
4 | Comptroller, as soon as possible after each deposit into the | ||||||
5 | Metropolitan Mobility Authority Occupation and Use Tax | ||||||
6 | Replacement Fund provided in this Section and Section 6z-17 of | ||||||
7 | the State Finance Act, shall order the Treasurer to pay to the | ||||||
8 | Authority out of the Metropolitan Mobility Authority | ||||||
9 | Occupation and Use Tax Replacement Fund the amount so | ||||||
10 | deposited. Such amounts paid to the Authority may be expended | ||||||
11 | by it for its purposes as provided in this Act. The provisions | ||||||
12 | directing the distributions from the Public Transportation | ||||||
13 | Fund and the Metropolitan Mobility Authority Occupation and | ||||||
14 | Use Tax Replacement Fund provided for in this Section shall | ||||||
15 | constitute an irrevocable and continuing appropriation of all | ||||||
16 | amounts as provided herein. The State Treasurer and State | ||||||
17 | Comptroller are authorized and directed to make distributions | ||||||
18 | as provided in this Section. However, no moneys deposited | ||||||
19 | under subsection (a) shall be paid from the Public | ||||||
20 | Transportation Fund to the Authority or its assignee for any | ||||||
21 | fiscal year until the Authority has certified to the Governor, | ||||||
22 | the Comptroller, and the Mayor of the City of Chicago that it | ||||||
23 | has adopted for that fiscal year an Annual Budget and Two-Year | ||||||
24 | Financial Plan meeting the requirements in Section 5.12. | ||||||
25 | (i) In recognition of the efforts of the Authority to | ||||||
26 | enhance the mass transportation facilities under its control, |
| |||||||
| |||||||
1 | the State shall provide financial assistance (hereinafter | ||||||
2 | "additional state assistance"). Additional state assistance | ||||||
3 | shall be calculated as provided in subsection (k), but may not | ||||||
4 | exceed $55,000,000. | ||||||
5 | (j) The State shall provide financial assistance | ||||||
6 | (hereinafter "additional financial assistance") in addition to | ||||||
7 | the additional state assistance provided by subsection (i) and | ||||||
8 | the amounts transferred to the Authority under subsection (a). | ||||||
9 | Additional financial assistance provided by this subsection | ||||||
10 | shall be calculated as provided in subsection (k), but may not | ||||||
11 | exceed $100,000,000. | ||||||
12 | (k) The Authority shall annually certify to the State | ||||||
13 | Comptroller and State Treasurer, separately with respect to | ||||||
14 | each of paragraphs (2) and (3) of subsection (g) of Section | ||||||
15 | 4.04 of the Regional Transportation Act (repealed), the | ||||||
16 | following amounts: | ||||||
17 | (1) The amount necessary and required, during the | ||||||
18 | State fiscal year with respect to which the certification | ||||||
19 | is made, to pay its obligations for debt service on all | ||||||
20 | outstanding bonds or notes issued by the Authority or | ||||||
21 | under paragraphs (2) and (3) of subsection (g) of Section | ||||||
22 | 4.04 of the Regional Transportation Authority Act | ||||||
23 | (repealed). | ||||||
24 | (2) An estimate of the amount necessary and required | ||||||
25 | to pay its obligations for debt service for any bonds or | ||||||
26 | notes which the Authority anticipates it will issue under |
| |||||||
| |||||||
1 | paragraphs (2) and (3) of subsection (g) of Section 4.04 | ||||||
2 | of the Regional Transportation Authority Act (repealed) | ||||||
3 | during that State fiscal year. | ||||||
4 | (3) Its debt service savings during the preceding | ||||||
5 | State fiscal year from refunding or advance refunding of | ||||||
6 | bonds or notes issued under paragraphs (2) and (3) of | ||||||
7 | subsection (g) of Section 4.04 of the Regional | ||||||
8 | Transportation Authority Act (repealed) during that State | ||||||
9 | fiscal year. | ||||||
10 | (4) The amount of interest, if any, earned by the | ||||||
11 | Authority during the previous State fiscal year on the | ||||||
12 | proceeds of bonds or notes issued pursuant to paragraphs | ||||||
13 | (2) and (3) of subsection (g) of Section 4.04 of the | ||||||
14 | Regional Transportation Authority Act (repealed), other | ||||||
15 | than refunding or advance refunding bonds or notes. | ||||||
16 | (l) The certification under subsection (k) shall include a | ||||||
17 | specific schedule of debt service payments, including the date | ||||||
18 | and amount of each payment for all outstanding bonds or notes | ||||||
19 | and an estimated schedule of anticipated debt service for all | ||||||
20 | bonds and notes it intends to issue, if any, during that State | ||||||
21 | fiscal year, including the estimated date and estimated amount | ||||||
22 | of each payment. | ||||||
23 | (m) Immediately upon the issuance of bonds for which an | ||||||
24 | estimated schedule of debt service payments was prepared, the | ||||||
25 | Authority shall file an amended certification with respect to | ||||||
26 | paragraph (2) of subsection (k) to specify the actual schedule |
| |||||||
| |||||||
1 | of debt service payments, including the date and amount of | ||||||
2 | each payment, for the remainder of the State fiscal year. | ||||||
3 | (n) On the first day of each month of the State fiscal year | ||||||
4 | in which there are bonds outstanding with respect to which the | ||||||
5 | certification is made, the State Comptroller shall order | ||||||
6 | transferred and the State Treasurer shall transfer from the | ||||||
7 | Road Fund to the Public Transportation Fund the additional | ||||||
8 | state assistance and additional financial assistance in an | ||||||
9 | amount equal to the aggregate of (i) one-twelfth of the sum of | ||||||
10 | the amounts certified under paragraphs (1) and (3) of | ||||||
11 | subsection (k) less the amount certified under paragraph (4) | ||||||
12 | of subsection (k), plus (ii) the amount required to pay debt | ||||||
13 | service on bonds and notes issued during the fiscal year, if | ||||||
14 | any, divided by the number of months remaining in the fiscal | ||||||
15 | year after the date of issuance, or some smaller portion as may | ||||||
16 | be necessary under subsection (i) or (j) for the relevant | ||||||
17 | State fiscal year, plus (iii) any cumulative deficiencies in | ||||||
18 | transfers for prior months, until an amount equal to the sum of | ||||||
19 | the amounts certified under subsections (a) and (e), plus the | ||||||
20 | actual debt service certified under subsection (c), less the | ||||||
21 | amount certified under subsection (k), has been transferred; | ||||||
22 | except that these transfers are subject to the following | ||||||
23 | limits: | ||||||
24 | (1) The total transfers in any State fiscal year | ||||||
25 | relating to outstanding bonds and notes issued by the | ||||||
26 | Authority or under paragraph (2) of subsection (g) of |
| |||||||
| |||||||
1 | Section 4.04 of the Regional Transportation Authority Act | ||||||
2 | (repealed) may not exceed the lesser of the annual maximum | ||||||
3 | amount specified in subsection (e) or the sum of the | ||||||
4 | amounts certified under subsections (a) and (e), plus the | ||||||
5 | actual debt service certified under subsection (c), less | ||||||
6 | the amount certified under subsection (k), with respect to | ||||||
7 | those bonds and notes. | ||||||
8 | (2) The total transfers in any State fiscal year | ||||||
9 | relating to outstanding bonds and notes issued by the | ||||||
10 | Authority under paragraph (3) of subsection (g) of Section | ||||||
11 | 4.04 of the Regional Transportation Authority Act | ||||||
12 | (repealed) may not exceed the lesser of the annual maximum | ||||||
13 | amount specified in subsection (j) or the sum of the | ||||||
14 | amounts certified under subsections (a) and (c), plus the | ||||||
15 | actual debt service certified under subsection (b), less | ||||||
16 | the amount certified under subsection (k), with respect to | ||||||
17 | those bonds and notes. | ||||||
18 | (o) As used in this Section, "outstanding" does not | ||||||
19 | include bonds or notes for which refunding or advance | ||||||
20 | refunding bonds or notes have been issued. | ||||||
21 | (p) Neither additional state assistance nor additional | ||||||
22 | financial assistance may be pledged, either directly or | ||||||
23 | indirectly, as general revenues of the Authority or as | ||||||
24 | security for any bonds issued by the Authority. The Authority | ||||||
25 | may not assign its right to receive additional state | ||||||
26 | assistance or additional financial assistance, or direct |
| |||||||
| |||||||
1 | payment of additional state assistance or additional financial | ||||||
2 | assistance, to a trustee or any other entity for the payment of | ||||||
3 | debt service on its bonds. | ||||||
4 | (q) The certification required under subsection (k) with | ||||||
5 | respect to outstanding bonds and notes of the Authority shall | ||||||
6 | be filed as early as practicable before the beginning of the | ||||||
7 | State fiscal year to which it relates. The certification shall | ||||||
8 | be revised as may be necessary to accurately state the debt | ||||||
9 | service requirements of the Authority. | ||||||
10 | Section 6.09. Strategic Capital Improvement Program. | ||||||
11 | (a) This Section and the Annual Capital Improvement Plan | ||||||
12 | created in Section 5.10 shall together be known as the | ||||||
13 | Strategic Capital Improvement Program. The Strategic Capital | ||||||
14 | Improvement Program shall enhance the ability of the Authority | ||||||
15 | to acquire, repair, or replace public transportation | ||||||
16 | facilities in the metropolitan region and shall be financed | ||||||
17 | through the issuance of bonds or notes authorized for | ||||||
18 | Strategic Capital Improvement Projects under Section 6.05. The | ||||||
19 | Program is intended as a supplement to the ongoing capital | ||||||
20 | development activities of the Authority financed with grants, | ||||||
21 | loans, and other moneys made available by the federal | ||||||
22 | government or the State of Illinois. The Authority shall | ||||||
23 | continue to seek, receive, and expend all available grants, | ||||||
24 | loans and other moneys. | ||||||
25 | (b) Any contracts for architectural or engineering |
| |||||||
| |||||||
1 | services for projects approved pursuant to Section 5.10 shall | ||||||
2 | comply with the requirements set forth in the Local Government | ||||||
3 | Professional Services Selection Act. | ||||||
4 | Section 6.10. Rate protection contracts. | ||||||
5 | (a) As used in this Section, "rate protection contracts" | ||||||
6 | means interest rate price exchange agreements; currency | ||||||
7 | exchange agreements; forward payment conversion agreements; | ||||||
8 | contracts providing for payment or receipt of funds based on | ||||||
9 | levels of, or changes in, interest rates, currency exchange | ||||||
10 | rates, stock or other indices; contracts to exchange cash | ||||||
11 | flows or a series of payments; contracts, including, without | ||||||
12 | limitation, interest rate caps; interest rate floor; interest | ||||||
13 | rate locks; interest rate collars; rate of return guarantees | ||||||
14 | or assurances, to manage payment, currency, rate, spread or | ||||||
15 | similar exposure; the obligation, right, or option to issue, | ||||||
16 | put, lend, sell, grant a security interest in, buy, borrow or | ||||||
17 | otherwise acquire, a bond, note or other security or interest | ||||||
18 | therein as an investment, as collateral, as a hedge, or | ||||||
19 | otherwise as a source or assurance of payment to or by the | ||||||
20 | Authority or as a reduction of the Authority's or an obligor's | ||||||
21 | risk exposure; repurchase agreements; securities lending | ||||||
22 | agreements; and other similar agreements or arrangements. | ||||||
23 | (b) Notwithstanding any provision in paragraph (2) of | ||||||
24 | Section 4.02 to the contrary, in connection with or incidental | ||||||
25 | to the issuance by the Authority of its bonds or notes under |
| |||||||
| |||||||
1 | the provisions of Section 6.05 or the exercise of its powers | ||||||
2 | under paragraph (2) of Section 4.02, the Authority, for its | ||||||
3 | own benefit or for the benefit of the holders of its | ||||||
4 | obligations or their trustee, may enter into rate protection | ||||||
5 | contracts. The Authority may enter into rate protection | ||||||
6 | contracts only pursuant to a determination by the Directors | ||||||
7 | that the terms of the contracts and any related agreements | ||||||
8 | reduce the risk of loss to the Authority, or protect, preserve | ||||||
9 | or enhance the value of its assets, or provide compensation to | ||||||
10 | the Authority for losses resulting from changes in interest | ||||||
11 | rates. The Authority's obligations under any rate protection | ||||||
12 | contract or credit enhancement or liquidity agreement shall | ||||||
13 | not be considered bonds or notes for purposes of this Act. For | ||||||
14 | purposes of this Section, a rate protection contract is a | ||||||
15 | contract determined by the Authority as necessary or | ||||||
16 | appropriate to permit it to manage payment, currency, or | ||||||
17 | interest rate risks or levels. | ||||||
18 | Section 6.11. Metropolitan Mobility Authority Additional | ||||||
19 | Operating Funding Fund. There is created the Metropolitan | ||||||
20 | Mobility Authority Additional Operating Funding Fund, a | ||||||
21 | special fund that is created in the State treasury, and, | ||||||
22 | subject to appropriation and as directed by the Board, moneys | ||||||
23 | in the Fund may be expended for any purpose allowed under this | ||||||
24 | Act. |
| |||||||
| |||||||
1 | Section 6.12. Nature of funds. The funds described in this | ||||||
2 | Act and the Equitable Transit-Supportive Development Act | ||||||
3 | generated from transportation sources and deposited into those | ||||||
4 | funds are protected under Section 11 of Article IX of the | ||||||
5 | Illinois Constitution and the uses of the funds allowed under | ||||||
6 | these Acts are deemed transportation purposes under Section 11 | ||||||
7 | of Article IX and may not, by transfer, offset, or otherwise, | ||||||
8 | be diverted by any local government, including, without | ||||||
9 | limitation, any home rule unit of government, to any purpose | ||||||
10 | other than public transportation purposes. This Section is | ||||||
11 | declarative of existing law. | ||||||
12 | Article X. OFFICE OF TRANSIT-ORIENTED DEVELOPMENT | ||||||
13 | Section 10.01. Short title; references to Act; intent. | ||||||
14 | (a) Short title. This Article X may be cited as the | ||||||
15 | Equitable Transit-Supportive Development Act. References to | ||||||
16 | "this Act" in this Article X mean this Article X. | ||||||
17 | (b) References to Act. This Act, including both the new | ||||||
18 | and amendatory provisions, may be referred to as Clean and | ||||||
19 | Equitable Transportation Act. | ||||||
20 | (c) Intent. It is the intent of the General Assembly in | ||||||
21 | enacting this Act to (1) strengthen connections among people, | ||||||
22 | places, and transit, (2) establish a virtuous cycle of | ||||||
23 | increasing residential units and employment near transit that | ||||||
24 | supports increased transit service, which then makes nearby |
| |||||||
| |||||||
1 | property more attractive for development, (3) support | ||||||
2 | increased housing opportunities and other infill development | ||||||
3 | in transit-served locations, (4) enhance the resilience of | ||||||
4 | Illinois' transit assets and leverage the value of transit to | ||||||
5 | property owners and tenants, and (5) increase transit | ||||||
6 | availability and ridership to achieve quality of life, | ||||||
7 | economic development, and sustainability objectives. | ||||||
8 | Section 10.02. Definitions. As used in this Act: | ||||||
9 | "Affordable housing" means long-term income-restricted | ||||||
10 | housing units for households whose adjusted income is at or | ||||||
11 | below 60% of the metropolitan area median income, adjusted for | ||||||
12 | household size, for the transit agency service area in which | ||||||
13 | the housing units are to be built. | ||||||
14 | "Near high-quality transit" in the metropolitan region, as | ||||||
15 | defined in the Metropolitan Mobility Authority Act, refers to | ||||||
16 | parcels located within one-half mile of a rail transit station | ||||||
17 | or within one-eighth mile of a bus stop with headways of no | ||||||
18 | more than 15 minutes for at least 14 hours per day. The Office | ||||||
19 | may define "near high-quality transit" differently elsewhere | ||||||
20 | in the State. | ||||||
21 | "Office" means the Office of Transit-Oriented Development. | ||||||
22 | "Workforce housing" means long-term income-restricted | ||||||
23 | housing units for households whose adjusted income is at or | ||||||
24 | below 120% and above 60% of the metropolitan area, as that term | ||||||
25 | is defined in the Metropolitan Mobility Authority Act, median |
| |||||||
| |||||||
1 | income, adjusted for household size. | ||||||
2 | Section 10.03. Establishment of the Office of | ||||||
3 | Transit-Oriented Development and Transit-Supportive | ||||||
4 | Development Fund. | ||||||
5 | (a) There is established the Office of Transit-Oriented | ||||||
6 | Development and the Transit-Supportive Development Fund, a | ||||||
7 | special fund that is created in the State treasury, and, | ||||||
8 | subject to appropriation and as directed by the Office, may be | ||||||
9 | expended as provided in this Act. | ||||||
10 | (b) Amounts on deposit in the Fund and interest and other | ||||||
11 | earnings on those amounts may be used by the Office to aid | ||||||
12 | transit-supportive development near high-quality transit as | ||||||
13 | provided in this Act. | ||||||
14 | (c) Eligible uses of the Fund include, but are not limited | ||||||
15 | to, conversion of nonresidential uses to residential use, | ||||||
16 | redevelopment of underused parking lots, provision of | ||||||
17 | affordable housing and workforce housing, mixed-use | ||||||
18 | development, and joint development with a transit agency on | ||||||
19 | agency-owned property. | ||||||
20 | (d) In using moneys from the Fund, the Office shall | ||||||
21 | prioritize projects that leverage other funding sources and | ||||||
22 | promote equitable access to housing and jobs in transit-served | ||||||
23 | locations. To qualify for financial support from the Office, | ||||||
24 | local jurisdictions must identify opportunity sites with site | ||||||
25 | control or documented concurrence from property owners, |
| |||||||
| |||||||
1 | subject to specific standards to be defined by the Office, to | ||||||
2 | support these eligible uses: | ||||||
3 | (1) funding offered by the Office for predevelopment | ||||||
4 | work, including, but not limited to, site acquisition, | ||||||
5 | parcel assembly, environmental remediation, and utility | ||||||
6 | and supporting infrastructure installation, directly or | ||||||
7 | through grants and partnerships with other public or | ||||||
8 | private organizations; | ||||||
9 | (2) loans offered by the Office to provide financing | ||||||
10 | for construction in support of eligible development | ||||||
11 | projects; or | ||||||
12 | (3) technical assistance offered by the Office to | ||||||
13 | transit agencies, local jurisdictions with land use | ||||||
14 | authority, property owners, and developers to help best | ||||||
15 | accommodate transit-supportive development in areas near | ||||||
16 | high-quality transit. As used in this paragraph, | ||||||
17 | "technical assistance" includes, but is not limited to: | ||||||
18 | interagency expertise; development strategy and planning | ||||||
19 | assistance; market or value capture assessments; and | ||||||
20 | assistance with solicitations, ground leases, or revolving | ||||||
21 | funds; professional services, including, but not limited | ||||||
22 | to, marketing, financial analysis, design, engineering, | ||||||
23 | and land surveying. | ||||||
24 | (e) The Office and the State's metropolitan planning | ||||||
25 | organizations may partner to carry out this Act, including the | ||||||
26 | Office providing operating funding to metropolitan planning |
| |||||||
| |||||||
1 | organizations for personnel with expertise in | ||||||
2 | transit-supportive development in accordance with this Act. | ||||||
3 | Section 10.04. Transit support overlay districts. | ||||||
4 | (a) The metropolitan planning organization for each | ||||||
5 | municipality seeking eligibility for assistance by the Office | ||||||
6 | shall develop standards for a transit support overlay district | ||||||
7 | for that urban area, which may include, but are not limited to, | ||||||
8 | transit-supportive allowable uses and densities, restriction | ||||||
9 | of auto-oriented uses, removal of parking requirements, site | ||||||
10 | planning standards that support walkability, sidewalk network | ||||||
11 | connectivity and local funding commitments for sidewalks in | ||||||
12 | compliance with the requirements of the Americans with | ||||||
13 | Disabilities Act of 1990, as amended, and streetscape features | ||||||
14 | that encourage transit use. | ||||||
15 | (b) Assistance by the Office shall be exclusively for | ||||||
16 | projects in municipalities that have adopted the standards in | ||||||
17 | the transit support overlay district for that area or that | ||||||
18 | have adopted zoning and other changes that the Office | ||||||
19 | determines have benefits greater than or equal to such a | ||||||
20 | District. | ||||||
21 | Section 10.05. Standards and annual reporting. The Office | ||||||
22 | shall develop standards and procedures necessary to implement | ||||||
23 | this Act and shall annually publish a comprehensive annual | ||||||
24 | report that describes its transactions, holdings, and |
| |||||||
| |||||||
1 | financial position. | ||||||
2 | Section 10.06. Report to General Assembly. By no later | ||||||
3 | than 2 years after the effective date of this Act, the Office | ||||||
4 | shall submit to the General Assembly a comprehensive study of | ||||||
5 | State programs for affordable housing, economic development, | ||||||
6 | and other capital investments to determine how the criteria | ||||||
7 | for investment under those programs can be aligned to support | ||||||
8 | transit and transit-oriented development. The study shall also | ||||||
9 | identify opportunities to bundle or streamline access to other | ||||||
10 | State investments with the assistance provided by the Office. | ||||||
11 | The Illinois Housing Development Authority, Illinois Finance | ||||||
12 | Authority, Department of Commerce and Economic Opportunity, | ||||||
13 | Capital Development Board, and other relevant departments of | ||||||
14 | the State shall cooperate to provide any needed information to | ||||||
15 | complete the study and shall implement the recommendations of | ||||||
16 | the study. | ||||||
17 | Article XI. ZERO-EMISSION VEHICLES | ||||||
18 | Section 11.01. Short title; references to Act. (a) | ||||||
19 | Short title. This Article XI may be cited as the Zero-Emission | ||||||
20 | Vehicle Act. References to "this Act" in this Article XI mean | ||||||
21 | this Article XI. | ||||||
22 | (b) References to Act. This Act, including both the new | ||||||
23 | and amendatory provisions, may be referred to as Clean and |
| |||||||
| |||||||
1 | Equitable Transportation Act. | ||||||
2 | Section 11.02. Purpose. The purpose of this Act is to | ||||||
3 | accelerate the adoption of on-road zero-emission vehicles and | ||||||
4 | to reduce emissions of air pollution, including, but not | ||||||
5 | limited to, nitrogen oxides (NO x ), particulate matter, | ||||||
6 | hazardous air pollutants, and greenhouse gases from vehicles | ||||||
7 | owned and operated by governmental units in Illinois. | ||||||
8 | Section 11.03. Definitions. In this Act: | ||||||
9 | "Displaced worker" means any employee whose most recent | ||||||
10 | separation from active service was due to lack of business, a | ||||||
11 | reduction in force, or other economic, nondisciplinary reason | ||||||
12 | related to the transition from fossil-fuel reliant vehicles to | ||||||
13 | zero-emission or near zero-emissions vehicles. | ||||||
14 | "Governmental unit" means the State, a State agency, a | ||||||
15 | unit of local government, or any other political subdivision | ||||||
16 | of the State, which exercises limited governmental powers or | ||||||
17 | powers in respect to limited governmental subjects, but does | ||||||
18 | not include school districts. | ||||||
19 | "Individual facing barriers to employment" means either of | ||||||
20 | the following: | ||||||
21 | (1) An individual with a barrier to employment as | ||||||
22 | defined by 29 U.S.C. 3102(24). | ||||||
23 | (2) An individual from a demographic group that | ||||||
24 | represents less than 30% of their relevant industry |
| |||||||
| |||||||
1 | workforce according to the United States Bureau of Labor | ||||||
2 | Statistics. | ||||||
3 | "Non-temporary job" means a job other than those | ||||||
4 | classified as "day and temporary labor" as defined in the Day | ||||||
5 | and Temporary Labor Services Act. | ||||||
6 | "Near zero-emission vehicle" means an on-road hybrid | ||||||
7 | electric vehicle that has the capability to charge the battery | ||||||
8 | from an off-vehicle conductive or inductive electric source | ||||||
9 | and achieves all-electric range. | ||||||
10 | "On-road vehicles" means vehicles intended for use on | ||||||
11 | roads. These vehicles include passenger cars and commercial | ||||||
12 | vehicles, including vans, trucks, road tractors, specially | ||||||
13 | constructed vehicles, buses, trailers, and semi-trailers. | ||||||
14 | "Repower" means to replace the internal combustion engine | ||||||
15 | in a vehicle with a zero-emission powertrain. | ||||||
16 | "Zero-emission powertrain" means a powertrain that | ||||||
17 | produces zero exhaust emissions of any criteria pollutant, | ||||||
18 | precursor pollutant, or greenhouse gas in any mode of | ||||||
19 | operation or condition. | ||||||
20 | "Zero-emission vehicles" means on-road vehicles powered | ||||||
21 | with a zero-emission powertrain. | ||||||
22 | Section 11.04. Purchase of zero-emission vehicles and near | ||||||
23 | zero-emission vehicles. | ||||||
24 | (a) Notwithstanding any other provision of law, all | ||||||
25 | on-road vehicles purchased or leased by a governmental unit on |
| |||||||
| |||||||
1 | or after January 1, 2028 must be a manufactured zero-emission | ||||||
2 | vehicle, repowered zero-emission vehicle, manufactured near | ||||||
3 | zero-emission vehicle, or repowered near zero-emission | ||||||
4 | vehicle. On and after January 1, 2033, all on-road vehicles | ||||||
5 | purchased or leased by a governmental unit must be a | ||||||
6 | manufactured zero-emission vehicle or repowered zero-emission | ||||||
7 | vehicle. By January 1, 2048, all on-road vehicles operated by | ||||||
8 | a governmental unit must be a manufactured or repowered | ||||||
9 | zero-emission vehicle. | ||||||
10 | (b) By January 1, 2026, the Department of Central | ||||||
11 | Management Services shall establish guidance for governmental | ||||||
12 | units transitioning fleets to zero-emission and near | ||||||
13 | zero-emission vehicles, including, but not limited to, (1) a | ||||||
14 | periodically updated list of available zero-emission and near | ||||||
15 | zero-emission vehicle models; and (2) a quarterly updated list | ||||||
16 | of available incentives, grants, rebates from the federal | ||||||
17 | government and State government, VW diesel settlement, and | ||||||
18 | utility company programs. | ||||||
19 | (c) Notwithstanding any other provision of this Section, a | ||||||
20 | governmental unit may purchase a new internal combustion | ||||||
21 | engine vehicle if no zero-emission vehicles nor near | ||||||
22 | zero-emission vehicle of the needed configuration is | ||||||
23 | commercially available. A governmental unit from may not be | ||||||
24 | penalized for not taking immediate delivery of ordered | ||||||
25 | zero-emission vehicles for one year due to a construction | ||||||
26 | delay beyond the control of the governmental unit. The |
| |||||||
| |||||||
1 | Department of Central Management Services shall adopt rules | ||||||
2 | regarding the scope of any exception under this subsection | ||||||
3 | (c). | ||||||
4 | (d) Beginning January 1, 2026, all contracts by | ||||||
5 | governmental units for the purchase of zero-emission vehicles | ||||||
6 | or near zero-emission vehicles with a base-buy value of | ||||||
7 | $10,000,000 or more shall be awarded using a competitive | ||||||
8 | best-value procurement process and shall require bidders to | ||||||
9 | submit a United States Jobs Plan as part of their solicitation | ||||||
10 | responses. | ||||||
11 | (1) The United States Jobs Plan shall include the | ||||||
12 | following information: | ||||||
13 | (A) The number of full-time non-temporary jobs | ||||||
14 | proposed to be retained and created, including an | ||||||
15 | accounting of the positions classified as employees, | ||||||
16 | and positions classified as independent contractors. | ||||||
17 | (B) The number of jobs specifically reserved for | ||||||
18 | individuals facing barriers to employment and the | ||||||
19 | number reserved for displaced workers. | ||||||
20 | (C) The minimum wage levels by job classification | ||||||
21 | for non-supervisory workers. | ||||||
22 | (D) Proposed amounts to be paid for fringe | ||||||
23 | benefits by job classification and the proposed | ||||||
24 | amounts for worker training by job classification. | ||||||
25 | (E) Description of what manuals, trainings, and | ||||||
26 | other resources would be provided to ensure existing |
| |||||||
| |||||||
1 | purchasing government unit employees are trained on | ||||||
2 | the service, maintenance, and operation of the | ||||||
3 | purchased vehicles. | ||||||
4 | (F) If a federal authority specifically authorizes | ||||||
5 | use of a geographic preference or when State or local | ||||||
6 | funds are used to fund a contract, proposed local jobs | ||||||
7 | created in the State or within an existing facility in | ||||||
8 | the State that are related to the manufacturing of | ||||||
9 | zero-emission and near zero-emissions vehicles and | ||||||
10 | vehicles and related equipment. | ||||||
11 | (2) The United States Jobs Plan shall be scored as a | ||||||
12 | part of the overall application for the covered public | ||||||
13 | contract. The content of United States Jobs Plans shall be | ||||||
14 | incorporated as material terms of the final contract. The | ||||||
15 | United States Jobs Plan and compliance documents shall be | ||||||
16 | made available to the public and subject to full | ||||||
17 | disclosure under the Freedom of Information Act. | ||||||
18 | (3) Contracting entities shall be required to submit | ||||||
19 | annual United States Jobs Plan reports to contracting | ||||||
20 | public agencies demonstrating compliance with their United | ||||||
21 | States Jobs Plan commitments. The terms of the final | ||||||
22 | contract as well as all compliance reporting shall be made | ||||||
23 | available to the public online. | ||||||
24 | (c) This Section does not apply to a contract awarded | ||||||
25 | based on a solicitation issued before January 1, 2026. |
| |||||||
| |||||||
1 | Article XX. MISCELLANEOUS | ||||||
2 | Section 20.01. The Open Meetings Act is amended by | ||||||
3 | changing Section 2 as follows: | ||||||
4 | (5 ILCS 120/2) (from Ch. 102, par. 42) | ||||||
5 | Sec. 2. Open meetings. | ||||||
6 | (a) Openness required. All meetings of public bodies shall | ||||||
7 | be open to the public unless excepted in subsection (c) and | ||||||
8 | closed in accordance with Section 2a. | ||||||
9 | (b) Construction of exceptions. The exceptions contained | ||||||
10 | in subsection (c) are in derogation of the requirement that | ||||||
11 | public bodies meet in the open, and therefore, the exceptions | ||||||
12 | are to be strictly construed, extending only to subjects | ||||||
13 | clearly within their scope. The exceptions authorize but do | ||||||
14 | not require the holding of a closed meeting to discuss a | ||||||
15 | subject included within an enumerated exception. | ||||||
16 | (c) Exceptions. A public body may hold closed meetings to | ||||||
17 | consider the following subjects: | ||||||
18 | (1) The appointment, employment, compensation, | ||||||
19 | discipline, performance, or dismissal of specific | ||||||
20 | employees, specific individuals who serve as independent | ||||||
21 | contractors in a park, recreational, or educational | ||||||
22 | setting, or specific volunteers of the public body or | ||||||
23 | legal counsel for the public body, including hearing | ||||||
24 | testimony on a complaint lodged against an employee, a |
| |||||||
| |||||||
1 | specific individual who serves as an independent | ||||||
2 | contractor in a park, recreational, or educational | ||||||
3 | setting, or a volunteer of the public body or against | ||||||
4 | legal counsel for the public body to determine its | ||||||
5 | validity. However, a meeting to consider an increase in | ||||||
6 | compensation to a specific employee of a public body that | ||||||
7 | is subject to the Local Government Wage Increase | ||||||
8 | Transparency Act may not be closed and shall be open to the | ||||||
9 | public and posted and held in accordance with this Act. | ||||||
10 | (2) Collective negotiating matters between the public | ||||||
11 | body and its employees or their representatives, or | ||||||
12 | deliberations concerning salary schedules for one or more | ||||||
13 | classes of employees. | ||||||
14 | (3) The selection of a person to fill a public office, | ||||||
15 | as defined in this Act, including a vacancy in a public | ||||||
16 | office, when the public body is given power to appoint | ||||||
17 | under law or ordinance, or the discipline, performance or | ||||||
18 | removal of the occupant of a public office, when the | ||||||
19 | public body is given power to remove the occupant under | ||||||
20 | law or ordinance. | ||||||
21 | (4) Evidence or testimony presented in open hearing, | ||||||
22 | or in closed hearing where specifically authorized by law, | ||||||
23 | to a quasi-adjudicative body, as defined in this Act, | ||||||
24 | provided that the body prepares and makes available for | ||||||
25 | public inspection a written decision setting forth its | ||||||
26 | determinative reasoning. |
| |||||||
| |||||||
1 | (4.5) Evidence or testimony presented to a school | ||||||
2 | board regarding denial of admission to school events or | ||||||
3 | property pursuant to Section 24-24 of the School Code, | ||||||
4 | provided that the school board prepares and makes | ||||||
5 | available for public inspection a written decision setting | ||||||
6 | forth its determinative reasoning. | ||||||
7 | (5) The purchase or lease of real property for the use | ||||||
8 | of the public body, including meetings held for the | ||||||
9 | purpose of discussing whether a particular parcel should | ||||||
10 | be acquired. | ||||||
11 | (6) The setting of a price for sale or lease of | ||||||
12 | property owned by the public body. | ||||||
13 | (7) The sale or purchase of securities, investments, | ||||||
14 | or investment contracts. This exception shall not apply to | ||||||
15 | the investment of assets or income of funds deposited into | ||||||
16 | the Illinois Prepaid Tuition Trust Fund. | ||||||
17 | (8) Security procedures, school building safety and | ||||||
18 | security, and the use of personnel and equipment to | ||||||
19 | respond to an actual, a threatened, or a reasonably | ||||||
20 | potential danger to the safety of employees, students, | ||||||
21 | staff, the public, or public property. | ||||||
22 | (9) Student disciplinary cases. | ||||||
23 | (10) The placement of individual students in special | ||||||
24 | education programs and other matters relating to | ||||||
25 | individual students. | ||||||
26 | (11) Litigation, when an action against, affecting or |
| |||||||
| |||||||
1 | on behalf of the particular public body has been filed and | ||||||
2 | is pending before a court or administrative tribunal, or | ||||||
3 | when the public body finds that an action is probable or | ||||||
4 | imminent, in which case the basis for the finding shall be | ||||||
5 | recorded and entered into the minutes of the closed | ||||||
6 | meeting. | ||||||
7 | (12) The establishment of reserves or settlement of | ||||||
8 | claims as provided in the Local Governmental and | ||||||
9 | Governmental Employees Tort Immunity Act, if otherwise the | ||||||
10 | disposition of a claim or potential claim might be | ||||||
11 | prejudiced, or the review or discussion of claims, loss or | ||||||
12 | risk management information, records, data, advice or | ||||||
13 | communications from or with respect to any insurer of the | ||||||
14 | public body or any intergovernmental risk management | ||||||
15 | association or self insurance pool of which the public | ||||||
16 | body is a member. | ||||||
17 | (13) Conciliation of complaints of discrimination in | ||||||
18 | the sale or rental of housing, when closed meetings are | ||||||
19 | authorized by the law or ordinance prescribing fair | ||||||
20 | housing practices and creating a commission or | ||||||
21 | administrative agency for their enforcement. | ||||||
22 | (14) Informant sources, the hiring or assignment of | ||||||
23 | undercover personnel or equipment, or ongoing, prior or | ||||||
24 | future criminal investigations, when discussed by a public | ||||||
25 | body with criminal investigatory responsibilities. | ||||||
26 | (15) Professional ethics or performance when |
| |||||||
| |||||||
1 | considered by an advisory body appointed to advise a | ||||||
2 | licensing or regulatory agency on matters germane to the | ||||||
3 | advisory body's field of competence. | ||||||
4 | (16) Self evaluation, practices and procedures or | ||||||
5 | professional ethics, when meeting with a representative of | ||||||
6 | a statewide association of which the public body is a | ||||||
7 | member. | ||||||
8 | (17) The recruitment, credentialing, discipline or | ||||||
9 | formal peer review of physicians or other health care | ||||||
10 | professionals, or for the discussion of matters protected | ||||||
11 | under the federal Patient Safety and Quality Improvement | ||||||
12 | Act of 2005, and the regulations promulgated thereunder, | ||||||
13 | including 42 CFR C.F.R. Part 3 (73 FR 70732), or the | ||||||
14 | federal Health Insurance Portability and Accountability | ||||||
15 | Act of 1996, and the regulations promulgated thereunder, | ||||||
16 | including 45 CFR C.F.R. Parts 160, 162, and 164, by a | ||||||
17 | hospital, or other institution providing medical care, | ||||||
18 | that is operated by the public body. | ||||||
19 | (18) Deliberations for decisions of the Prisoner | ||||||
20 | Review Board. | ||||||
21 | (19) Review or discussion of applications received | ||||||
22 | under the Experimental Organ Transplantation Procedures | ||||||
23 | Act. | ||||||
24 | (20) The classification and discussion of matters | ||||||
25 | classified as confidential or continued confidential by | ||||||
26 | the State Government Suggestion Award Board. |
| |||||||
| |||||||
1 | (21) Discussion of minutes of meetings lawfully closed | ||||||
2 | under this Act, whether for purposes of approval by the | ||||||
3 | body of the minutes or semi-annual review of the minutes | ||||||
4 | as mandated by Section 2.06. | ||||||
5 | (22) Deliberations for decisions of the State | ||||||
6 | Emergency Medical Services Disciplinary Review Board. | ||||||
7 | (23) The operation by a municipality of a municipal | ||||||
8 | utility or the operation of a municipal power agency or | ||||||
9 | municipal natural gas agency when the discussion involves | ||||||
10 | (i) contracts relating to the purchase, sale, or delivery | ||||||
11 | of electricity or natural gas or (ii) the results or | ||||||
12 | conclusions of load forecast studies. | ||||||
13 | (24) Meetings of a residential health care facility | ||||||
14 | resident sexual assault and death review team or the | ||||||
15 | Executive Council under the Abuse Prevention Review Team | ||||||
16 | Act. | ||||||
17 | (25) Meetings of an independent team of experts under | ||||||
18 | Brian's Law. | ||||||
19 | (26) Meetings of a mortality review team appointed | ||||||
20 | under the Department of Juvenile Justice Mortality Review | ||||||
21 | Team Act. | ||||||
22 | (27) (Blank). | ||||||
23 | (28) Correspondence and records (i) that may not be | ||||||
24 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
25 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
26 | the Illinois Public Aid Code. |
| |||||||
| |||||||
1 | (29) Meetings between internal or external auditors | ||||||
2 | and governmental audit committees, finance committees, and | ||||||
3 | their equivalents, when the discussion involves internal | ||||||
4 | control weaknesses, identification of potential fraud risk | ||||||
5 | areas, known or suspected frauds, and fraud interviews | ||||||
6 | conducted in accordance with generally accepted auditing | ||||||
7 | standards of the United States of America. | ||||||
8 | (30) Those meetings or portions of meetings of a | ||||||
9 | fatality review team or the Illinois Fatality Review Team | ||||||
10 | Advisory Council during which a review of the death of an | ||||||
11 | eligible adult in which abuse or neglect is suspected, | ||||||
12 | alleged, or substantiated is conducted pursuant to Section | ||||||
13 | 15 of the Adult Protective Services Act. | ||||||
14 | (31) Meetings and deliberations for decisions of the | ||||||
15 | Concealed Carry Licensing Review Board under the Firearm | ||||||
16 | Concealed Carry Act. | ||||||
17 | (32) (Blank). Meetings between the Regional | ||||||
18 | Transportation Authority Board and its Service Boards when | ||||||
19 | the discussion involves review by the Regional | ||||||
20 | Transportation Authority Board of employment contracts | ||||||
21 | under Section 28d of the Metropolitan Transit Authority | ||||||
22 | Act and Sections 3A.18 and 3B.26 of the Regional | ||||||
23 | Transportation Authority Act. | ||||||
24 | (33) Those meetings or portions of meetings of the | ||||||
25 | advisory committee and peer review subcommittee created | ||||||
26 | under Section 320 of the Illinois Controlled Substances |
| |||||||
| |||||||
1 | Act during which specific controlled substance prescriber, | ||||||
2 | dispenser, or patient information is discussed. | ||||||
3 | (34) Meetings of the Tax Increment Financing Reform | ||||||
4 | Task Force under Section 2505-800 of the Department of | ||||||
5 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
6 | (35) Meetings of the group established to discuss | ||||||
7 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
8 | Illinois Public Aid Code. | ||||||
9 | (36) Those deliberations or portions of deliberations | ||||||
10 | for decisions of the Illinois Gaming Board in which there | ||||||
11 | is discussed any of the following: (i) personal, | ||||||
12 | commercial, financial, or other information obtained from | ||||||
13 | any source that is privileged, proprietary, confidential, | ||||||
14 | or a trade secret; or (ii) information specifically | ||||||
15 | exempted from the disclosure by federal or State law. | ||||||
16 | (37) Deliberations for decisions of the Illinois Law | ||||||
17 | Enforcement Training Standards Board, the Certification | ||||||
18 | Review Panel, and the Illinois State Police Merit Board | ||||||
19 | regarding certification and decertification. | ||||||
20 | (38) Meetings of the Ad Hoc Statewide Domestic | ||||||
21 | Violence Fatality Review Committee of the Illinois | ||||||
22 | Criminal Justice Information Authority Board that occur in | ||||||
23 | closed executive session under subsection (d) of Section | ||||||
24 | 35 of the Domestic Violence Fatality Review Act. | ||||||
25 | (39) Meetings of the regional review teams under | ||||||
26 | subsection (a) of Section 75 of the Domestic Violence |
| |||||||
| |||||||
1 | Fatality Review Act. | ||||||
2 | (40) Meetings of the Firearm Owner's Identification | ||||||
3 | Card Review Board under Section 10 of the Firearm Owners | ||||||
4 | Identification Card Act. | ||||||
5 | (d) Definitions. For purposes of this Section: | ||||||
6 | "Employee" means a person employed by a public body whose | ||||||
7 | relationship with the public body constitutes an | ||||||
8 | employer-employee relationship under the usual common law | ||||||
9 | rules, and who is not an independent contractor. | ||||||
10 | "Public office" means a position created by or under the | ||||||
11 | Constitution or laws of this State, the occupant of which is | ||||||
12 | charged with the exercise of some portion of the sovereign | ||||||
13 | power of this State. The term "public office" shall include | ||||||
14 | members of the public body, but it shall not include | ||||||
15 | organizational positions filled by members thereof, whether | ||||||
16 | established by law or by a public body itself, that exist to | ||||||
17 | assist the body in the conduct of its business. | ||||||
18 | "Quasi-adjudicative body" means an administrative body | ||||||
19 | charged by law or ordinance with the responsibility to conduct | ||||||
20 | hearings, receive evidence or testimony and make | ||||||
21 | determinations based thereon, but does not include local | ||||||
22 | electoral boards when such bodies are considering petition | ||||||
23 | challenges. | ||||||
24 | (e) Final action. No final action may be taken at a closed | ||||||
25 | meeting. Final action shall be preceded by a public recital of | ||||||
26 | the nature of the matter being considered and other |
| |||||||
| |||||||
1 | information that will inform the public of the business being | ||||||
2 | conducted. | ||||||
3 | (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
4 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. | ||||||
5 | 7-28-23.) | ||||||
6 | Section 20.02. The Freedom of Information Act is amended | ||||||
7 | by changing Section 7.5 as follows: | ||||||
8 | (5 ILCS 140/7.5) | ||||||
9 | (Text of Section before amendment by P.A. 103-472 ) | ||||||
10 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
11 | by the statutes referenced below, the following shall be | ||||||
12 | exempt from inspection and copying: | ||||||
13 | (a) All information determined to be confidential | ||||||
14 | under Section 4002 of the Technology Advancement and | ||||||
15 | Development Act. | ||||||
16 | (b) Library circulation and order records identifying | ||||||
17 | library users with specific materials under the Library | ||||||
18 | Records Confidentiality Act. | ||||||
19 | (c) Applications, related documents, and medical | ||||||
20 | records received by the Experimental Organ Transplantation | ||||||
21 | Procedures Board and any and all documents or other | ||||||
22 | records prepared by the Experimental Organ Transplantation | ||||||
23 | Procedures Board or its staff relating to applications it | ||||||
24 | has received. |
| |||||||
| |||||||
1 | (d) Information and records held by the Department of | ||||||
2 | Public Health and its authorized representatives relating | ||||||
3 | to known or suspected cases of sexually transmissible | ||||||
4 | disease or any information the disclosure of which is | ||||||
5 | restricted under the Illinois Sexually Transmissible | ||||||
6 | Disease Control Act. | ||||||
7 | (e) Information the disclosure of which is exempted | ||||||
8 | under Section 30 of the Radon Industry Licensing Act. | ||||||
9 | (f) Firm performance evaluations under Section 55 of | ||||||
10 | the Architectural, Engineering, and Land Surveying | ||||||
11 | Qualifications Based Selection Act. | ||||||
12 | (g) Information the disclosure of which is restricted | ||||||
13 | and exempted under Section 50 of the Illinois Prepaid | ||||||
14 | Tuition Act. | ||||||
15 | (h) Information the disclosure of which is exempted | ||||||
16 | under the State Officials and Employees Ethics Act, and | ||||||
17 | records of any lawfully created State or local inspector | ||||||
18 | general's office that would be exempt if created or | ||||||
19 | obtained by an Executive Inspector General's office under | ||||||
20 | that Act. | ||||||
21 | (i) Information contained in a local emergency energy | ||||||
22 | plan submitted to a municipality in accordance with a | ||||||
23 | local emergency energy plan ordinance that is adopted | ||||||
24 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
25 | (j) Information and data concerning the distribution | ||||||
26 | of surcharge moneys collected and remitted by carriers |
| |||||||
| |||||||
1 | under the Emergency Telephone System Act. | ||||||
2 | (k) Law enforcement officer identification information | ||||||
3 | or driver identification information compiled by a law | ||||||
4 | enforcement agency or the Department of Transportation | ||||||
5 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
6 | (l) Records and information provided to a residential | ||||||
7 | health care facility resident sexual assault and death | ||||||
8 | review team or the Executive Council under the Abuse | ||||||
9 | Prevention Review Team Act. | ||||||
10 | (m) Information provided to the predatory lending | ||||||
11 | database created pursuant to Article 3 of the Residential | ||||||
12 | Real Property Disclosure Act, except to the extent | ||||||
13 | authorized under that Article. | ||||||
14 | (n) Defense budgets and petitions for certification of | ||||||
15 | compensation and expenses for court appointed trial | ||||||
16 | counsel as provided under Sections 10 and 15 of the | ||||||
17 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
18 | (n) shall apply until the conclusion of the trial of the | ||||||
19 | case, even if the prosecution chooses not to pursue the | ||||||
20 | death penalty prior to trial or sentencing. | ||||||
21 | (o) Information that is prohibited from being | ||||||
22 | disclosed under Section 4 of the Illinois Health and | ||||||
23 | Hazardous Substances Registry Act. | ||||||
24 | (p) Security portions of system safety program plans, | ||||||
25 | investigation reports, surveys, schedules, lists, data, or | ||||||
26 | information compiled, collected, or prepared by or for the |
| |||||||
| |||||||
1 | Department of Transportation under Sections 2705-300 and | ||||||
2 | 2705-616 of the Department of Transportation Law of the | ||||||
3 | Civil Administrative Code of Illinois, the Regional | ||||||
4 | Transportation Authority under Section 2.11 of the | ||||||
5 | Regional Transportation Authority Act, or the St. Clair | ||||||
6 | County Transit District under the Bi-State Transit Safety | ||||||
7 | Act (repealed) . | ||||||
8 | (q) Information prohibited from being disclosed by the | ||||||
9 | Personnel Record Review Act. | ||||||
10 | (r) Information prohibited from being disclosed by the | ||||||
11 | Illinois School Student Records Act. | ||||||
12 | (s) Information the disclosure of which is restricted | ||||||
13 | under Section 5-108 of the Public Utilities Act. | ||||||
14 | (t) (Blank). | ||||||
15 | (u) Records and information provided to an independent | ||||||
16 | team of experts under the Developmental Disability and | ||||||
17 | Mental Health Safety Act (also known as Brian's Law). | ||||||
18 | (v) Names and information of people who have applied | ||||||
19 | for or received Firearm Owner's Identification Cards under | ||||||
20 | the Firearm Owners Identification Card Act or applied for | ||||||
21 | or received a concealed carry license under the Firearm | ||||||
22 | Concealed Carry Act, unless otherwise authorized by the | ||||||
23 | Firearm Concealed Carry Act; and databases under the | ||||||
24 | Firearm Concealed Carry Act, records of the Concealed | ||||||
25 | Carry Licensing Review Board under the Firearm Concealed | ||||||
26 | Carry Act, and law enforcement agency objections under the |
| |||||||
| |||||||
1 | Firearm Concealed Carry Act. | ||||||
2 | (v-5) Records of the Firearm Owner's Identification | ||||||
3 | Card Review Board that are exempted from disclosure under | ||||||
4 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
5 | (w) Personally identifiable information which is | ||||||
6 | exempted from disclosure under subsection (g) of Section | ||||||
7 | 19.1 of the Toll Highway Act. | ||||||
8 | (x) Information which is exempted from disclosure | ||||||
9 | under Section 5-1014.3 of the Counties Code or Section | ||||||
10 | 8-11-21 of the Illinois Municipal Code. | ||||||
11 | (y) Confidential information under the Adult | ||||||
12 | Protective Services Act and its predecessor enabling | ||||||
13 | statute, the Elder Abuse and Neglect Act, including | ||||||
14 | information about the identity and administrative finding | ||||||
15 | against any caregiver of a verified and substantiated | ||||||
16 | decision of abuse, neglect, or financial exploitation of | ||||||
17 | an eligible adult maintained in the Registry established | ||||||
18 | under Section 7.5 of the Adult Protective Services Act. | ||||||
19 | (z) Records and information provided to a fatality | ||||||
20 | review team or the Illinois Fatality Review Team Advisory | ||||||
21 | Council under Section 15 of the Adult Protective Services | ||||||
22 | Act. | ||||||
23 | (aa) Information which is exempted from disclosure | ||||||
24 | under Section 2.37 of the Wildlife Code. | ||||||
25 | (bb) Information which is or was prohibited from | ||||||
26 | disclosure by the Juvenile Court Act of 1987. |
| |||||||
| |||||||
1 | (cc) Recordings made under the Law Enforcement | ||||||
2 | Officer-Worn Body Camera Act, except to the extent | ||||||
3 | authorized under that Act. | ||||||
4 | (dd) Information that is prohibited from being | ||||||
5 | disclosed under Section 45 of the Condominium and Common | ||||||
6 | Interest Community Ombudsperson Act. | ||||||
7 | (ee) Information that is exempted from disclosure | ||||||
8 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
9 | (ff) Information that is exempted from disclosure | ||||||
10 | under the Revised Uniform Unclaimed Property Act. | ||||||
11 | (gg) Information that is prohibited from being | ||||||
12 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
13 | Code. | ||||||
14 | (hh) Records that are exempt from disclosure under | ||||||
15 | Section 1A-16.7 of the Election Code. | ||||||
16 | (ii) Information which is exempted from disclosure | ||||||
17 | under Section 2505-800 of the Department of Revenue Law of | ||||||
18 | the Civil Administrative Code of Illinois. | ||||||
19 | (jj) Information and reports that are required to be | ||||||
20 | submitted to the Department of Labor by registering day | ||||||
21 | and temporary labor service agencies but are exempt from | ||||||
22 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
23 | and Temporary Labor Services Act. | ||||||
24 | (kk) Information prohibited from disclosure under the | ||||||
25 | Seizure and Forfeiture Reporting Act. | ||||||
26 | (ll) Information the disclosure of which is restricted |
| |||||||
| |||||||
1 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
2 | Aid Code. | ||||||
3 | (mm) Records that are exempt from disclosure under | ||||||
4 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
5 | (nn) Information that is exempt from disclosure under | ||||||
6 | Section 70 of the Higher Education Student Assistance Act. | ||||||
7 | (oo) Communications, notes, records, and reports | ||||||
8 | arising out of a peer support counseling session | ||||||
9 | prohibited from disclosure under the First Responders | ||||||
10 | Suicide Prevention Act. | ||||||
11 | (pp) Names and all identifying information relating to | ||||||
12 | an employee of an emergency services provider or law | ||||||
13 | enforcement agency under the First Responders Suicide | ||||||
14 | Prevention Act. | ||||||
15 | (qq) Information and records held by the Department of | ||||||
16 | Public Health and its authorized representatives collected | ||||||
17 | under the Reproductive Health Act. | ||||||
18 | (rr) Information that is exempt from disclosure under | ||||||
19 | the Cannabis Regulation and Tax Act. | ||||||
20 | (ss) Data reported by an employer to the Department of | ||||||
21 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
22 | Human Rights Act. | ||||||
23 | (tt) Recordings made under the Children's Advocacy | ||||||
24 | Center Act, except to the extent authorized under that | ||||||
25 | Act. | ||||||
26 | (uu) Information that is exempt from disclosure under |
| |||||||
| |||||||
1 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
2 | (vv) Information that is exempt from disclosure under | ||||||
3 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
4 | Public Aid Code. | ||||||
5 | (ww) Information that is exempt from disclosure under | ||||||
6 | Section 16.8 of the State Treasurer Act. | ||||||
7 | (xx) Information that is exempt from disclosure or | ||||||
8 | information that shall not be made public under the | ||||||
9 | Illinois Insurance Code. | ||||||
10 | (yy) Information prohibited from being disclosed under | ||||||
11 | the Illinois Educational Labor Relations Act. | ||||||
12 | (zz) Information prohibited from being disclosed under | ||||||
13 | the Illinois Public Labor Relations Act. | ||||||
14 | (aaa) Information prohibited from being disclosed | ||||||
15 | under Section 1-167 of the Illinois Pension Code. | ||||||
16 | (bbb) Information that is prohibited from disclosure | ||||||
17 | by the Illinois Police Training Act and the Illinois State | ||||||
18 | Police Act. | ||||||
19 | (ccc) Records exempt from disclosure under Section | ||||||
20 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
21 | Administrative Code of Illinois. | ||||||
22 | (ddd) Information prohibited from being disclosed | ||||||
23 | under Section 35 of the Address Confidentiality for | ||||||
24 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
25 | Trafficking, or Stalking Act. | ||||||
26 | (eee) Information prohibited from being disclosed |
| |||||||
| |||||||
1 | under subsection (b) of Section 75 of the Domestic | ||||||
2 | Violence Fatality Review Act. | ||||||
3 | (fff) Images from cameras under the Expressway Camera | ||||||
4 | Act. This subsection (fff) is inoperative on and after | ||||||
5 | July 1, 2025. | ||||||
6 | (ggg) Information prohibited from disclosure under | ||||||
7 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
8 | Agency Licensing Act. | ||||||
9 | (hhh) Information submitted to the Illinois State | ||||||
10 | Police in an affidavit or application for an assault | ||||||
11 | weapon endorsement, assault weapon attachment endorsement, | ||||||
12 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
13 | endorsement under the Firearm Owners Identification Card | ||||||
14 | Act. | ||||||
15 | (iii) Data exempt from disclosure under Section 50 of | ||||||
16 | the School Safety Drill Act. | ||||||
17 | (jjj) (hhh) Information exempt from disclosure under | ||||||
18 | Section 30 of the Insurance Data Security Law. | ||||||
19 | (kkk) (iii) Confidential business information | ||||||
20 | prohibited from disclosure under Section 45 of the Paint | ||||||
21 | Stewardship Act. | ||||||
22 | (lll) (Reserved). | ||||||
23 | (mmm) (iii) Information prohibited from being | ||||||
24 | disclosed under subsection (e) of Section 1-129 of the | ||||||
25 | Illinois Power Agency Act. | ||||||
26 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; |
| |||||||
| |||||||
1 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
2 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
3 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
4 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
5 | eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; | ||||||
6 | revised 1-2-24.) | ||||||
7 | (Text of Section after amendment by P.A. 103-472 ) | ||||||
8 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
9 | by the statutes referenced below, the following shall be | ||||||
10 | exempt from inspection and copying: | ||||||
11 | (a) All information determined to be confidential | ||||||
12 | under Section 4002 of the Technology Advancement and | ||||||
13 | Development Act. | ||||||
14 | (b) Library circulation and order records identifying | ||||||
15 | library users with specific materials under the Library | ||||||
16 | Records Confidentiality Act. | ||||||
17 | (c) Applications, related documents, and medical | ||||||
18 | records received by the Experimental Organ Transplantation | ||||||
19 | Procedures Board and any and all documents or other | ||||||
20 | records prepared by the Experimental Organ Transplantation | ||||||
21 | Procedures Board or its staff relating to applications it | ||||||
22 | has received. | ||||||
23 | (d) Information and records held by the Department of | ||||||
24 | Public Health and its authorized representatives relating | ||||||
25 | to known or suspected cases of sexually transmissible |
| |||||||
| |||||||
1 | disease or any information the disclosure of which is | ||||||
2 | restricted under the Illinois Sexually Transmissible | ||||||
3 | Disease Control Act. | ||||||
4 | (e) Information the disclosure of which is exempted | ||||||
5 | under Section 30 of the Radon Industry Licensing Act. | ||||||
6 | (f) Firm performance evaluations under Section 55 of | ||||||
7 | the Architectural, Engineering, and Land Surveying | ||||||
8 | Qualifications Based Selection Act. | ||||||
9 | (g) Information the disclosure of which is restricted | ||||||
10 | and exempted under Section 50 of the Illinois Prepaid | ||||||
11 | Tuition Act. | ||||||
12 | (h) Information the disclosure of which is exempted | ||||||
13 | under the State Officials and Employees Ethics Act, and | ||||||
14 | records of any lawfully created State or local inspector | ||||||
15 | general's office that would be exempt if created or | ||||||
16 | obtained by an Executive Inspector General's office under | ||||||
17 | that Act. | ||||||
18 | (i) Information contained in a local emergency energy | ||||||
19 | plan submitted to a municipality in accordance with a | ||||||
20 | local emergency energy plan ordinance that is adopted | ||||||
21 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
22 | (j) Information and data concerning the distribution | ||||||
23 | of surcharge moneys collected and remitted by carriers | ||||||
24 | under the Emergency Telephone System Act. | ||||||
25 | (k) Law enforcement officer identification information | ||||||
26 | or driver identification information compiled by a law |
| |||||||
| |||||||
1 | enforcement agency or the Department of Transportation | ||||||
2 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
3 | (l) Records and information provided to a residential | ||||||
4 | health care facility resident sexual assault and death | ||||||
5 | review team or the Executive Council under the Abuse | ||||||
6 | Prevention Review Team Act. | ||||||
7 | (m) Information provided to the predatory lending | ||||||
8 | database created pursuant to Article 3 of the Residential | ||||||
9 | Real Property Disclosure Act, except to the extent | ||||||
10 | authorized under that Article. | ||||||
11 | (n) Defense budgets and petitions for certification of | ||||||
12 | compensation and expenses for court appointed trial | ||||||
13 | counsel as provided under Sections 10 and 15 of the | ||||||
14 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
15 | (n) shall apply until the conclusion of the trial of the | ||||||
16 | case, even if the prosecution chooses not to pursue the | ||||||
17 | death penalty prior to trial or sentencing. | ||||||
18 | (o) Information that is prohibited from being | ||||||
19 | disclosed under Section 4 of the Illinois Health and | ||||||
20 | Hazardous Substances Registry Act. | ||||||
21 | (p) Security portions of system safety program plans, | ||||||
22 | investigation reports, surveys, schedules, lists, data, or | ||||||
23 | information compiled, collected, or prepared by or for the | ||||||
24 | Department of Transportation under Sections 2705-300 and | ||||||
25 | 2705-616 of the Department of Transportation Law of the | ||||||
26 | Civil Administrative Code of Illinois, the Metropolitan |
| |||||||
| |||||||
1 | Mobility Regional Transportation Authority under Section | ||||||
2 | 4.33 of the Metropolitan Mobility Authority Act 2.11 of | ||||||
3 | the Regional Transportation Authority Act , or the St. | ||||||
4 | Clair County Transit District under the Bi-State Transit | ||||||
5 | Safety Act (repealed) . | ||||||
6 | (q) Information prohibited from being disclosed by the | ||||||
7 | Personnel Record Review Act. | ||||||
8 | (r) Information prohibited from being disclosed by the | ||||||
9 | Illinois School Student Records Act. | ||||||
10 | (s) Information the disclosure of which is restricted | ||||||
11 | under Section 5-108 of the Public Utilities Act. | ||||||
12 | (t) (Blank). | ||||||
13 | (u) Records and information provided to an independent | ||||||
14 | team of experts under the Developmental Disability and | ||||||
15 | Mental Health Safety Act (also known as Brian's Law). | ||||||
16 | (v) Names and information of people who have applied | ||||||
17 | for or received Firearm Owner's Identification Cards under | ||||||
18 | the Firearm Owners Identification Card Act or applied for | ||||||
19 | or received a concealed carry license under the Firearm | ||||||
20 | Concealed Carry Act, unless otherwise authorized by the | ||||||
21 | Firearm Concealed Carry Act; and databases under the | ||||||
22 | Firearm Concealed Carry Act, records of the Concealed | ||||||
23 | Carry Licensing Review Board under the Firearm Concealed | ||||||
24 | Carry Act, and law enforcement agency objections under the | ||||||
25 | Firearm Concealed Carry Act. | ||||||
26 | (v-5) Records of the Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card Review Board that are exempted from disclosure under | ||||||
2 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
3 | (w) Personally identifiable information which is | ||||||
4 | exempted from disclosure under subsection (g) of Section | ||||||
5 | 19.1 of the Toll Highway Act. | ||||||
6 | (x) Information which is exempted from disclosure | ||||||
7 | under Section 5-1014.3 of the Counties Code or Section | ||||||
8 | 8-11-21 of the Illinois Municipal Code. | ||||||
9 | (y) Confidential information under the Adult | ||||||
10 | Protective Services Act and its predecessor enabling | ||||||
11 | statute, the Elder Abuse and Neglect Act, including | ||||||
12 | information about the identity and administrative finding | ||||||
13 | against any caregiver of a verified and substantiated | ||||||
14 | decision of abuse, neglect, or financial exploitation of | ||||||
15 | an eligible adult maintained in the Registry established | ||||||
16 | under Section 7.5 of the Adult Protective Services Act. | ||||||
17 | (z) Records and information provided to a fatality | ||||||
18 | review team or the Illinois Fatality Review Team Advisory | ||||||
19 | Council under Section 15 of the Adult Protective Services | ||||||
20 | Act. | ||||||
21 | (aa) Information which is exempted from disclosure | ||||||
22 | under Section 2.37 of the Wildlife Code. | ||||||
23 | (bb) Information which is or was prohibited from | ||||||
24 | disclosure by the Juvenile Court Act of 1987. | ||||||
25 | (cc) Recordings made under the Law Enforcement | ||||||
26 | Officer-Worn Body Camera Act, except to the extent |
| |||||||
| |||||||
1 | authorized under that Act. | ||||||
2 | (dd) Information that is prohibited from being | ||||||
3 | disclosed under Section 45 of the Condominium and Common | ||||||
4 | Interest Community Ombudsperson Act. | ||||||
5 | (ee) Information that is exempted from disclosure | ||||||
6 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
7 | (ff) Information that is exempted from disclosure | ||||||
8 | under the Revised Uniform Unclaimed Property Act. | ||||||
9 | (gg) Information that is prohibited from being | ||||||
10 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
11 | Code. | ||||||
12 | (hh) Records that are exempt from disclosure under | ||||||
13 | Section 1A-16.7 of the Election Code. | ||||||
14 | (ii) Information which is exempted from disclosure | ||||||
15 | under Section 2505-800 of the Department of Revenue Law of | ||||||
16 | the Civil Administrative Code of Illinois. | ||||||
17 | (jj) Information and reports that are required to be | ||||||
18 | submitted to the Department of Labor by registering day | ||||||
19 | and temporary labor service agencies but are exempt from | ||||||
20 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
21 | and Temporary Labor Services Act. | ||||||
22 | (kk) Information prohibited from disclosure under the | ||||||
23 | Seizure and Forfeiture Reporting Act. | ||||||
24 | (ll) Information the disclosure of which is restricted | ||||||
25 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
26 | Aid Code. |
| |||||||
| |||||||
1 | (mm) Records that are exempt from disclosure under | ||||||
2 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
3 | (nn) Information that is exempt from disclosure under | ||||||
4 | Section 70 of the Higher Education Student Assistance Act. | ||||||
5 | (oo) Communications, notes, records, and reports | ||||||
6 | arising out of a peer support counseling session | ||||||
7 | prohibited from disclosure under the First Responders | ||||||
8 | Suicide Prevention Act. | ||||||
9 | (pp) Names and all identifying information relating to | ||||||
10 | an employee of an emergency services provider or law | ||||||
11 | enforcement agency under the First Responders Suicide | ||||||
12 | Prevention Act. | ||||||
13 | (qq) Information and records held by the Department of | ||||||
14 | Public Health and its authorized representatives collected | ||||||
15 | under the Reproductive Health Act. | ||||||
16 | (rr) Information that is exempt from disclosure under | ||||||
17 | the Cannabis Regulation and Tax Act. | ||||||
18 | (ss) Data reported by an employer to the Department of | ||||||
19 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
20 | Human Rights Act. | ||||||
21 | (tt) Recordings made under the Children's Advocacy | ||||||
22 | Center Act, except to the extent authorized under that | ||||||
23 | Act. | ||||||
24 | (uu) Information that is exempt from disclosure under | ||||||
25 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
26 | (vv) Information that is exempt from disclosure under |
| |||||||
| |||||||
1 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
2 | Public Aid Code. | ||||||
3 | (ww) Information that is exempt from disclosure under | ||||||
4 | Section 16.8 of the State Treasurer Act. | ||||||
5 | (xx) Information that is exempt from disclosure or | ||||||
6 | information that shall not be made public under the | ||||||
7 | Illinois Insurance Code. | ||||||
8 | (yy) Information prohibited from being disclosed under | ||||||
9 | the Illinois Educational Labor Relations Act. | ||||||
10 | (zz) Information prohibited from being disclosed under | ||||||
11 | the Illinois Public Labor Relations Act. | ||||||
12 | (aaa) Information prohibited from being disclosed | ||||||
13 | under Section 1-167 of the Illinois Pension Code. | ||||||
14 | (bbb) Information that is prohibited from disclosure | ||||||
15 | by the Illinois Police Training Act and the Illinois State | ||||||
16 | Police Act. | ||||||
17 | (ccc) Records exempt from disclosure under Section | ||||||
18 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
19 | Administrative Code of Illinois. | ||||||
20 | (ddd) Information prohibited from being disclosed | ||||||
21 | under Section 35 of the Address Confidentiality for | ||||||
22 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
23 | Trafficking, or Stalking Act. | ||||||
24 | (eee) Information prohibited from being disclosed | ||||||
25 | under subsection (b) of Section 75 of the Domestic | ||||||
26 | Violence Fatality Review Act. |
| |||||||
| |||||||
1 | (fff) Images from cameras under the Expressway Camera | ||||||
2 | Act. This subsection (fff) is inoperative on and after | ||||||
3 | July 1, 2025. | ||||||
4 | (ggg) Information prohibited from disclosure under | ||||||
5 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
6 | Agency Licensing Act. | ||||||
7 | (hhh) Information submitted to the Illinois State | ||||||
8 | Police in an affidavit or application for an assault | ||||||
9 | weapon endorsement, assault weapon attachment endorsement, | ||||||
10 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
11 | endorsement under the Firearm Owners Identification Card | ||||||
12 | Act. | ||||||
13 | (iii) Data exempt from disclosure under Section 50 of | ||||||
14 | the School Safety Drill Act. | ||||||
15 | (jjj) (hhh) Information exempt from disclosure under | ||||||
16 | Section 30 of the Insurance Data Security Law. | ||||||
17 | (kkk) (iii) Confidential business information | ||||||
18 | prohibited from disclosure under Section 45 of the Paint | ||||||
19 | Stewardship Act. | ||||||
20 | (lll) (iii) Data exempt from disclosure under Section | ||||||
21 | 2-3.196 of the School Code. | ||||||
22 | (mmm) (iii) Information prohibited from being | ||||||
23 | disclosed under subsection (e) of Section 1-129 of the | ||||||
24 | Illinois Power Agency Act. | ||||||
25 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
26 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. |
| |||||||
| |||||||
1 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
2 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
3 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
4 | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||||||
5 | 103-580, eff. 12-8-23; revised 1-2-24.) | ||||||
6 | Section 20.03. The Transportation Cooperation Act of 1971 | ||||||
7 | is amended by changing Section 2 as follows: | ||||||
8 | (5 ILCS 225/2) (from Ch. 111 2/3, par. 602) | ||||||
9 | Sec. 2. For the purposes of this Act: | ||||||
10 | (a) "Railroad passenger service" means any railroad | ||||||
11 | passenger service within the State of Illinois, including the | ||||||
12 | equipment and facilities used in connection therewith, with | ||||||
13 | the exception of the basic system operated by the National | ||||||
14 | Railroad Passenger Corporation pursuant to Title II and | ||||||
15 | Section 403(a) of the Federal Rail Passenger Service Act of | ||||||
16 | 1970. | ||||||
17 | (b) "Federal Railroad Corporation" means the National | ||||||
18 | Railroad Passenger Corporation established pursuant to an Act | ||||||
19 | of Congress known as the "Rail Passenger Service Act of 1970." | ||||||
20 | (c) "Transportation system" means any and all modes of | ||||||
21 | public transportation within the State, including, but not | ||||||
22 | limited to, transportation of persons or property by rapid | ||||||
23 | transit, rail, bus, and aircraft, and all equipment, | ||||||
24 | facilities and property, real and personal, used in connection |
| |||||||
| |||||||
1 | therewith. | ||||||
2 | (d) "Carrier" means any corporation, authority, | ||||||
3 | partnership, association, person or district authorized to | ||||||
4 | maintain a transportation system within the State with the | ||||||
5 | exception of the Federal Railroad Corporation. | ||||||
6 | (e) "Units of local government" means cities, villages, | ||||||
7 | incorporated towns, counties, municipalities, townships, and | ||||||
8 | special districts, including any district created pursuant to | ||||||
9 | the "Local Mass Transit District Act", approved July 21, 1959, | ||||||
10 | as amended ; the Metropolitan Mobility Authority ; any Authority | ||||||
11 | created pursuant to the "Metropolitan Transit Authority Act", | ||||||
12 | approved April 12, 1945, as amended; and , any authority, | ||||||
13 | commission , or other entity which by virtue of an interstate | ||||||
14 | compact approved by Congress is authorized to provide mass | ||||||
15 | transportation. | ||||||
16 | (f) "Universities" means all public institutions of higher | ||||||
17 | education as defined in an "Act creating a Board of Higher | ||||||
18 | Education, defining its powers and duties, making an | ||||||
19 | appropriation therefor, and repealing an Act herein named", | ||||||
20 | approved August 22, 1961, as amended, and all private | ||||||
21 | institutions of higher education as defined in the Illinois | ||||||
22 | Finance Authority Act. | ||||||
23 | (g) "Department" means the Illinois Department of | ||||||
24 | Transportation, or such other department designated by law to | ||||||
25 | perform the duties and functions of the Illinois Department of | ||||||
26 | Transportation prior to January 1, 1972. |
| |||||||
| |||||||
1 | (h) "Association" means any Transportation Service | ||||||
2 | Association created pursuant to Section 4 of this Act. | ||||||
3 | (i) "Contracting Parties" means any units of local | ||||||
4 | government or universities which have associated and joined | ||||||
5 | together pursuant to Section 3 of this Act. | ||||||
6 | (j) "Governing authorities" means (1) the city council or | ||||||
7 | similar legislative body of a city; (2) the board of trustees | ||||||
8 | or similar body of a village or incorporated town; (3) the | ||||||
9 | council of a municipality under the commission form of | ||||||
10 | municipal government; (4) the board of trustees in a township; | ||||||
11 | (5) the Board of Trustees of the University of Illinois, the | ||||||
12 | Board of Trustees of Southern Illinois University, the Board | ||||||
13 | of Trustees of Chicago State University, the Board of Trustees | ||||||
14 | of Eastern Illinois University, the Board of Trustees of | ||||||
15 | Governors State University, the Board of Trustees of Illinois | ||||||
16 | State University, the Board of Trustees of Northeastern | ||||||
17 | Illinois University, the Board of Trustees of Northern | ||||||
18 | Illinois University, the Board of Trustees of Western Illinois | ||||||
19 | University, and the Illinois Community College Board; (6) the | ||||||
20 | county board of a county; and (7) the trustees, commissioners, | ||||||
21 | board members, or directors of a university, special district, | ||||||
22 | authority or similar agency. | ||||||
23 | (Source: P.A. 93-205, eff. 1-1-04 .) | ||||||
24 | Section 20.04. The Illinois Public Labor Relations Act is | ||||||
25 | amended by changing Sections 5 and 15 as follows: |
| |||||||
| |||||||
1 | (5 ILCS 315/5) (from Ch. 48, par. 1605) | ||||||
2 | Sec. 5. Illinois Labor Relations Board; State Panel; Local | ||||||
3 | Panel. | ||||||
4 | (a) There is created the Illinois Labor Relations Board. | ||||||
5 | The Board shall be comprised of 2 panels, to be known as the | ||||||
6 | State Panel and the Local Panel. | ||||||
7 | (a-5) The State Panel shall have jurisdiction over | ||||||
8 | collective bargaining matters between employee organizations | ||||||
9 | and the State of Illinois, excluding the General Assembly of | ||||||
10 | the State of Illinois, between employee organizations and | ||||||
11 | units of local government and school districts with a | ||||||
12 | population not in excess of 2 million persons, and between | ||||||
13 | employee organizations and the Metropolitan Mobility Regional | ||||||
14 | Transportation Authority. | ||||||
15 | The State Panel shall consist of 5 members appointed by | ||||||
16 | the Governor, with the advice and consent of the Senate. The | ||||||
17 | Governor shall appoint to the State Panel only persons who | ||||||
18 | have had a minimum of 5 years of experience directly related to | ||||||
19 | labor and employment relations in representing public | ||||||
20 | employers, private employers or labor organizations; or | ||||||
21 | teaching labor or employment relations; or administering | ||||||
22 | executive orders or regulations applicable to labor or | ||||||
23 | employment relations. At the time of his or her appointment, | ||||||
24 | each member of the State Panel shall be an Illinois resident. | ||||||
25 | The Governor shall designate one member to serve as the |
| |||||||
| |||||||
1 | Chairman of the State Panel and the Board. | ||||||
2 | Notwithstanding any other provision of this Section, the | ||||||
3 | term of each member of the State Panel who was appointed by the | ||||||
4 | Governor and is in office on June 30, 2003 shall terminate at | ||||||
5 | the close of business on that date or when all of the successor | ||||||
6 | members to be appointed pursuant to this amendatory Act of the | ||||||
7 | 93rd General Assembly have been appointed by the Governor, | ||||||
8 | whichever occurs later. As soon as possible, the Governor | ||||||
9 | shall appoint persons to fill the vacancies created by this | ||||||
10 | amendatory Act. | ||||||
11 | The initial appointments under this amendatory Act of the | ||||||
12 | 93rd General Assembly shall be for terms as follows: The | ||||||
13 | Chairman shall initially be appointed for a term ending on the | ||||||
14 | 4th Monday in January, 2007; 2 members shall be initially | ||||||
15 | appointed for terms ending on the 4th Monday in January, 2006; | ||||||
16 | one member shall be initially appointed for a term ending on | ||||||
17 | the 4th Monday in January, 2005; and one member shall be | ||||||
18 | initially appointed for a term ending on the 4th Monday in | ||||||
19 | January, 2004. Each subsequent member shall be appointed for a | ||||||
20 | term of 4 years, commencing on the 4th Monday in January. Upon | ||||||
21 | expiration of the term of office of any appointive member, | ||||||
22 | that member shall continue to serve until a successor shall be | ||||||
23 | appointed and qualified. In case of a vacancy, a successor | ||||||
24 | shall be appointed to serve for the unexpired portion of the | ||||||
25 | term. If the Senate is not in session at the time the initial | ||||||
26 | appointments are made, the Governor shall make temporary |
| |||||||
| |||||||
1 | appointments in the same manner successors are appointed to | ||||||
2 | fill vacancies. A temporary appointment shall remain in effect | ||||||
3 | no longer than 20 calendar days after the commencement of the | ||||||
4 | next Senate session. | ||||||
5 | (b) The Local Panel shall have jurisdiction over | ||||||
6 | collective bargaining agreement matters between employee | ||||||
7 | organizations and units of local government with a population | ||||||
8 | in excess of 2 million persons, but excluding the Metropolitan | ||||||
9 | Mobility Regional Transportation Authority. | ||||||
10 | The Local Panel shall consist of one person appointed by | ||||||
11 | the Governor with the advice and consent of the Senate (or, if | ||||||
12 | no such person is appointed, the Chairman of the State Panel) | ||||||
13 | and two additional members, one appointed by the Mayor of the | ||||||
14 | City of Chicago and one appointed by the President of the Cook | ||||||
15 | County Board of Commissioners. Appointees to the Local Panel | ||||||
16 | must have had a minimum of 5 years of experience directly | ||||||
17 | related to labor and employment relations in representing | ||||||
18 | public employers, private employers or labor organizations; or | ||||||
19 | teaching labor or employment relations; or administering | ||||||
20 | executive orders or regulations applicable to labor or | ||||||
21 | employment relations. Each member of the Local Panel shall be | ||||||
22 | an Illinois resident at the time of his or her appointment. The | ||||||
23 | member appointed by the Governor (or, if no such person is | ||||||
24 | appointed, the Chairman of the State Panel) shall serve as the | ||||||
25 | Chairman of the Local Panel. | ||||||
26 | Notwithstanding any other provision of this Section, the |
| |||||||
| |||||||
1 | term of the member of the Local Panel who was appointed by the | ||||||
2 | Governor and is in office on June 30, 2003 shall terminate at | ||||||
3 | the close of business on that date or when his or her successor | ||||||
4 | has been appointed by the Governor, whichever occurs later. As | ||||||
5 | soon as possible, the Governor shall appoint a person to fill | ||||||
6 | the vacancy created by this amendatory Act. The initial | ||||||
7 | appointment under this amendatory Act of the 93rd General | ||||||
8 | Assembly shall be for a term ending on the 4th Monday in | ||||||
9 | January, 2007. | ||||||
10 | The initial appointments under this amendatory Act of the | ||||||
11 | 91st General Assembly shall be for terms as follows: The | ||||||
12 | member appointed by the Governor shall initially be appointed | ||||||
13 | for a term ending on the 4th Monday in January, 2001; the | ||||||
14 | member appointed by the President of the Cook County Board | ||||||
15 | shall be initially appointed for a term ending on the 4th | ||||||
16 | Monday in January, 2003; and the member appointed by the Mayor | ||||||
17 | of the City of Chicago shall be initially appointed for a term | ||||||
18 | ending on the 4th Monday in January, 2004. Each subsequent | ||||||
19 | member shall be appointed for a term of 4 years, commencing on | ||||||
20 | the 4th Monday in January. Upon expiration of the term of | ||||||
21 | office of any appointive member, the member shall continue to | ||||||
22 | serve until a successor shall be appointed and qualified. In | ||||||
23 | the case of a vacancy, a successor shall be appointed by the | ||||||
24 | applicable appointive authority to serve for the unexpired | ||||||
25 | portion of the term. | ||||||
26 | (c) Three members of the State Panel shall at all times |
| |||||||
| |||||||
1 | constitute a quorum. Two members of the Local Panel shall at | ||||||
2 | all times constitute a quorum. A vacancy on a panel does not | ||||||
3 | impair the right of the remaining members to exercise all of | ||||||
4 | the powers of that panel. Each panel shall adopt an official | ||||||
5 | seal which shall be judicially noticed. The salary of the | ||||||
6 | Chairman of the State Panel shall be $82,429 per year, or as | ||||||
7 | set by the Compensation Review Board, whichever is greater, | ||||||
8 | and that of the other members of the State and Local Panels | ||||||
9 | shall be $74,188 per year, or as set by the Compensation Review | ||||||
10 | Board, whichever is greater. | ||||||
11 | (d) Each member shall devote his or her entire time to the | ||||||
12 | duties of the office, and shall hold no other office or | ||||||
13 | position of profit, nor engage in any other business, | ||||||
14 | employment, or vocation. No member shall hold any other public | ||||||
15 | office or be employed as a labor or management representative | ||||||
16 | by the State or any political subdivision of the State or of | ||||||
17 | any department or agency thereof, or actively represent or act | ||||||
18 | on behalf of an employer or an employee organization or an | ||||||
19 | employer in labor relations matters. Any member of the State | ||||||
20 | Panel may be removed from office by the Governor for | ||||||
21 | inefficiency, neglect of duty, misconduct or malfeasance in | ||||||
22 | office, and for no other cause, and only upon notice and | ||||||
23 | hearing. Any member of the Local Panel may be removed from | ||||||
24 | office by the applicable appointive authority for | ||||||
25 | inefficiency, neglect of duty, misconduct or malfeasance in | ||||||
26 | office, and for no other cause, and only upon notice and |
| |||||||
| |||||||
1 | hearing. | ||||||
2 | (e) Each panel at the end of every State fiscal year shall | ||||||
3 | make a report in writing to the Governor and the General | ||||||
4 | Assembly, stating in detail the work it has done in hearing and | ||||||
5 | deciding cases and otherwise. | ||||||
6 | (f) In order to accomplish the objectives and carry out | ||||||
7 | the duties prescribed by this Act, a panel or its authorized | ||||||
8 | designees may hold elections to determine whether a labor | ||||||
9 | organization has majority status; investigate and attempt to | ||||||
10 | resolve or settle charges of unfair labor practices; hold | ||||||
11 | hearings in order to carry out its functions; develop and | ||||||
12 | effectuate appropriate impasse resolution procedures for | ||||||
13 | purposes of resolving labor disputes; require the appearance | ||||||
14 | of witnesses and the production of evidence on any matter | ||||||
15 | under inquiry; and administer oaths and affirmations. The | ||||||
16 | panels shall sign and report in full an opinion in every case | ||||||
17 | which they decide. | ||||||
18 | (g) Each panel may appoint or employ an executive | ||||||
19 | director, attorneys, hearing officers, mediators, | ||||||
20 | fact-finders, arbitrators, and such other employees as it may | ||||||
21 | deem necessary to perform its functions. The governing boards | ||||||
22 | shall prescribe the duties and qualifications of such persons | ||||||
23 | appointed and, subject to the annual appropriation, fix their | ||||||
24 | compensation and provide for reimbursement of actual and | ||||||
25 | necessary expenses incurred in the performance of their | ||||||
26 | duties. The Board shall employ a minimum of 16 attorneys and 6 |
| |||||||
| |||||||
1 | investigators. | ||||||
2 | (h) Each panel shall exercise general supervision over all | ||||||
3 | attorneys which it employs and over the other persons employed | ||||||
4 | to provide necessary support services for such attorneys. The | ||||||
5 | panels shall have final authority in respect to complaints | ||||||
6 | brought pursuant to this Act. | ||||||
7 | (i) The following rules and regulations shall be adopted | ||||||
8 | by the panels meeting in joint session: (1) procedural rules | ||||||
9 | and regulations which shall govern all Board proceedings; (2) | ||||||
10 | procedures for election of exclusive bargaining | ||||||
11 | representatives pursuant to Section 9, except for the | ||||||
12 | determination of appropriate bargaining units; and (3) | ||||||
13 | appointment of counsel pursuant to subsection (k) of this | ||||||
14 | Section. | ||||||
15 | (j) Rules and regulations may be adopted, amended or | ||||||
16 | rescinded only upon a vote of 5 of the members of the State and | ||||||
17 | Local Panels meeting in joint session. The adoption, amendment | ||||||
18 | or rescission of rules and regulations shall be in conformity | ||||||
19 | with the requirements of the Illinois Administrative Procedure | ||||||
20 | Act. | ||||||
21 | (k) The panels in joint session shall promulgate rules and | ||||||
22 | regulations providing for the appointment of attorneys or | ||||||
23 | other Board representatives to represent persons in unfair | ||||||
24 | labor practice proceedings before a panel. The regulations | ||||||
25 | governing appointment shall require the applicant to | ||||||
26 | demonstrate an inability to pay for or inability to otherwise |
| |||||||
| |||||||
1 | provide for adequate representation before a panel. Such rules | ||||||
2 | must also provide: (1) that an attorney may not be appointed in | ||||||
3 | cases which, in the opinion of a panel, are clearly without | ||||||
4 | merit; (2) the stage of the unfair labor proceeding at which | ||||||
5 | counsel will be appointed; and (3) the circumstances under | ||||||
6 | which a client will be allowed to select counsel. | ||||||
7 | (1) The panels in joint session may promulgate rules and | ||||||
8 | regulations which allow parties in proceedings before a panel | ||||||
9 | to be represented by counsel or any other representative of | ||||||
10 | the party's choice. | ||||||
11 | (m) The Chairman of the State Panel shall serve as | ||||||
12 | Chairman of a joint session of the panels. Attendance of at | ||||||
13 | least 2 members of the State Panel and at least one member of | ||||||
14 | the Local Panel, in addition to the Chairman, shall constitute | ||||||
15 | a quorum at a joint session. The panels shall meet in joint | ||||||
16 | session at least annually. | ||||||
17 | (Source: P.A. 96-813, eff. 10-30-09.) | ||||||
18 | (5 ILCS 315/15) (from Ch. 48, par. 1615) | ||||||
19 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
20 | which has been held unconstitutional) | ||||||
21 | Sec. 15. Act Takes Precedence. | ||||||
22 | (a) In case of any conflict between the provisions of this | ||||||
23 | Act and any other law (other than Section 5 of the State | ||||||
24 | Employees Group Insurance Act of 1971 and other than the | ||||||
25 | changes made to the Illinois Pension Code by this amendatory |
| |||||||
| |||||||
1 | Act of the 96th General Assembly), executive order or | ||||||
2 | administrative regulation relating to wages, hours and | ||||||
3 | conditions of employment and employment relations, the | ||||||
4 | provisions of this Act or any collective bargaining agreement | ||||||
5 | negotiated thereunder shall prevail and control. Nothing in | ||||||
6 | this Act shall be construed to replace or diminish the rights | ||||||
7 | of employees established by Sections 4.14 through 4.18 of the | ||||||
8 | Metropolitan Mobility Authority Act Sections 28 and 28a of the | ||||||
9 | Metropolitan Transit Authority Act, Sections 2.15 through 2.19 | ||||||
10 | of the Regional Transportation Authority Act . The provisions | ||||||
11 | of this Act are subject to Section 5 of the State Employees | ||||||
12 | Group Insurance Act of 1971. Nothing in this Act shall be | ||||||
13 | construed to replace the necessity of complaints against a | ||||||
14 | sworn peace officer, as defined in Section 2(a) of the Uniform | ||||||
15 | Peace Officer Disciplinary Act, from having a complaint | ||||||
16 | supported by a sworn affidavit. | ||||||
17 | (b) Except as provided in subsection (a) above, any | ||||||
18 | collective bargaining contract between a public employer and a | ||||||
19 | labor organization executed pursuant to this Act shall | ||||||
20 | supersede any contrary statutes, charters, ordinances, rules | ||||||
21 | or regulations relating to wages, hours and conditions of | ||||||
22 | employment and employment relations adopted by the public | ||||||
23 | employer or its agents. Any collective bargaining agreement | ||||||
24 | entered into prior to the effective date of this Act shall | ||||||
25 | remain in full force during its duration. | ||||||
26 | (c) It is the public policy of this State, pursuant to |
| |||||||
| |||||||
1 | paragraphs (h) and (i) of Section 6 of Article VII of the | ||||||
2 | Illinois Constitution, that the provisions of this Act are the | ||||||
3 | exclusive exercise by the State of powers and functions which | ||||||
4 | might otherwise be exercised by home rule units. Such powers | ||||||
5 | and functions may not be exercised concurrently, either | ||||||
6 | directly or indirectly, by any unit of local government, | ||||||
7 | including any home rule unit, except as otherwise authorized | ||||||
8 | by this Act. | ||||||
9 | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11 .) | ||||||
10 | Section 20.05. The State Employees Group Insurance Act of | ||||||
11 | 1971 is amended by changing Section 2.5 as follows: | ||||||
12 | (5 ILCS 375/2.5) | ||||||
13 | Sec. 2.5. Application to Metropolitan Mobility Regional | ||||||
14 | Transportation Authority Board members. Notwithstanding any | ||||||
15 | other provision of this Act to the contrary, this Act does not | ||||||
16 | apply to any member of the Regional Transportation Authority | ||||||
17 | Board or the Metropolitan Mobility Authority Board who first | ||||||
18 | becomes a member of either that Board on or after July 23, 2013 | ||||||
19 | (the effective date of Public Act 98-108) with respect to | ||||||
20 | service of either that Board. | ||||||
21 | (Source: P.A. 98-108, eff. 7-23-13; 98-756, eff. 7-16-14.) | ||||||
22 | Section 20.06. The State Officials and Employees Ethics | ||||||
23 | Act is amended by changing Sections 1-5, 20-5, 20-10, 75-5, |
| |||||||
| |||||||
1 | and 75-10 and by changing the heading of Article 75 as follows: | ||||||
2 | (5 ILCS 430/1-5) | ||||||
3 | Sec. 1-5. Definitions. As used in this Act: | ||||||
4 | "Appointee" means a person appointed to a position in or | ||||||
5 | with a State agency, regardless of whether the position is | ||||||
6 | compensated. | ||||||
7 | "Board members of Regional Development Authorities" means | ||||||
8 | any person appointed to serve on the governing board of a | ||||||
9 | Regional Development Authority. | ||||||
10 | "Board members of the Regional Transit Board Boards " means | ||||||
11 | any person appointed to serve on the governing board of the | ||||||
12 | Metropolitan Mobility Authority Board a Regional Transit | ||||||
13 | Board . | ||||||
14 | "Campaign for elective office" means any activity in | ||||||
15 | furtherance of an effort to influence the selection, | ||||||
16 | nomination, election, or appointment of any individual to any | ||||||
17 | federal, State, or local public office or office in a | ||||||
18 | political organization, or the selection, nomination, or | ||||||
19 | election of Presidential or Vice-Presidential electors, but | ||||||
20 | does not include activities (i) relating to the support or | ||||||
21 | opposition of any executive, legislative, or administrative | ||||||
22 | action (as those terms are defined in Section 2 of the Lobbyist | ||||||
23 | Registration Act), (ii) relating to collective bargaining, or | ||||||
24 | (iii) that are otherwise in furtherance of the person's | ||||||
25 | official State duties. |
| |||||||
| |||||||
1 | "Candidate" means a person who has filed nominating papers | ||||||
2 | or petitions for nomination or election to an elected State | ||||||
3 | office, or who has been appointed to fill a vacancy in | ||||||
4 | nomination, and who remains eligible for placement on the | ||||||
5 | ballot at either a general primary election or general | ||||||
6 | election. | ||||||
7 | "Collective bargaining" has the same meaning as that term | ||||||
8 | is defined in Section 3 of the Illinois Public Labor Relations | ||||||
9 | Act. | ||||||
10 | "Commission" means an ethics commission created by this | ||||||
11 | Act. | ||||||
12 | "Compensated time" means any time worked by or credited to | ||||||
13 | a State employee that counts toward any minimum work time | ||||||
14 | requirement imposed as a condition of employment with a State | ||||||
15 | agency, but does not include any designated State holidays or | ||||||
16 | any period when the employee is on a leave of absence. | ||||||
17 | "Compensatory time off" means authorized time off earned | ||||||
18 | by or awarded to a State employee to compensate in whole or in | ||||||
19 | part for time worked in excess of the minimum work time | ||||||
20 | required of that employee as a condition of employment with a | ||||||
21 | State agency. | ||||||
22 | "Contribution" has the same meaning as that term is | ||||||
23 | defined in Section 9-1.4 of the Election Code. | ||||||
24 | "Employee" means (i) any person employed full-time, | ||||||
25 | part-time, or pursuant to a contract and whose employment | ||||||
26 | duties are subject to the direction and control of an employer |
| |||||||
| |||||||
1 | with regard to the material details of how the work is to be | ||||||
2 | performed or (ii) any appointed or elected commissioner, | ||||||
3 | trustee, director, or board member of a board of a State | ||||||
4 | agency, including any retirement system or investment board | ||||||
5 | subject to the Illinois Pension Code or (iii) any other | ||||||
6 | appointee. | ||||||
7 | "Employment benefits" include but are not limited to the | ||||||
8 | following: modified compensation or benefit terms; compensated | ||||||
9 | time off; or change of title, job duties, or location of office | ||||||
10 | or employment. An employment benefit may also include | ||||||
11 | favorable treatment in determining whether to bring any | ||||||
12 | disciplinary or similar action or favorable treatment during | ||||||
13 | the course of any disciplinary or similar action or other | ||||||
14 | performance review. | ||||||
15 | "Executive branch constitutional officer" means the | ||||||
16 | Governor, Lieutenant Governor, Attorney General, Secretary of | ||||||
17 | State, Comptroller, and Treasurer. | ||||||
18 | "Gift" means any gratuity, discount, entertainment, | ||||||
19 | hospitality, loan, forbearance, or other tangible or | ||||||
20 | intangible item having monetary value including, but not | ||||||
21 | limited to, cash, food and drink, and honoraria for speaking | ||||||
22 | engagements related to or attributable to government | ||||||
23 | employment or the official position of an employee, member, or | ||||||
24 | officer. The value of a gift may be further defined by rules | ||||||
25 | adopted by the appropriate ethics commission or by the Auditor | ||||||
26 | General for the Auditor General and for employees of the |
| |||||||
| |||||||
1 | office of the Auditor General. | ||||||
2 | "Governmental entity" means a unit of local government | ||||||
3 | (including a community college district) or a school district | ||||||
4 | but not a State agency, a Regional Transit Board, or a Regional | ||||||
5 | Development Authority. | ||||||
6 | "Leave of absence" means any period during which a State | ||||||
7 | employee does not receive (i) compensation for State | ||||||
8 | employment, (ii) service credit towards State pension | ||||||
9 | benefits, and (iii) health insurance benefits paid for by the | ||||||
10 | State. | ||||||
11 | "Legislative branch constitutional officer" means a member | ||||||
12 | of the General Assembly and the Auditor General. | ||||||
13 | "Legislative leader" means the President and Minority | ||||||
14 | Leader of the Senate and the Speaker and Minority Leader of the | ||||||
15 | House of Representatives. | ||||||
16 | "Member" means a member of the General Assembly. | ||||||
17 | "Officer" means an executive branch constitutional officer | ||||||
18 | or a legislative branch constitutional officer. | ||||||
19 | "Political" means any activity in support of or in | ||||||
20 | connection with any campaign for elective office or any | ||||||
21 | political organization, but does not include activities (i) | ||||||
22 | relating to the support or opposition of any executive, | ||||||
23 | legislative, or administrative action (as those terms are | ||||||
24 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
25 | relating to collective bargaining, or (iii) that are otherwise | ||||||
26 | in furtherance of the person's official State duties or |
| |||||||
| |||||||
1 | governmental and public service functions. | ||||||
2 | "Political organization" means a party, committee, | ||||||
3 | association, fund, or other organization (whether or not | ||||||
4 | incorporated) that is required to file a statement of | ||||||
5 | organization with the State Board of Elections or a county | ||||||
6 | clerk under Section 9-3 of the Election Code, but only with | ||||||
7 | regard to those activities that require filing with the State | ||||||
8 | Board of Elections or a county clerk. | ||||||
9 | "Prohibited political activity" means: | ||||||
10 | (1) Preparing for, organizing, or participating in any | ||||||
11 | political meeting, political rally, political | ||||||
12 | demonstration, or other political event. | ||||||
13 | (2) Soliciting contributions, including but not | ||||||
14 | limited to the purchase of, selling, distributing, or | ||||||
15 | receiving payment for tickets for any political | ||||||
16 | fundraiser, political meeting, or other political event. | ||||||
17 | (3) Soliciting, planning the solicitation of, or | ||||||
18 | preparing any document or report regarding any thing of | ||||||
19 | value intended as a campaign contribution. | ||||||
20 | (4) Planning, conducting, or participating in a public | ||||||
21 | opinion poll in connection with a campaign for elective | ||||||
22 | office or on behalf of a political organization for | ||||||
23 | political purposes or for or against any referendum | ||||||
24 | question. | ||||||
25 | (5) Surveying or gathering information from potential | ||||||
26 | or actual voters in an election to determine probable vote |
| |||||||
| |||||||
1 | outcome in connection with a campaign for elective office | ||||||
2 | or on behalf of a political organization for political | ||||||
3 | purposes or for or against any referendum question. | ||||||
4 | (6) Assisting at the polls on election day on behalf | ||||||
5 | of any political organization or candidate for elective | ||||||
6 | office or for or against any referendum question. | ||||||
7 | (7) Soliciting votes on behalf of a candidate for | ||||||
8 | elective office or a political organization or for or | ||||||
9 | against any referendum question or helping in an effort to | ||||||
10 | get voters to the polls. | ||||||
11 | (8) Initiating for circulation, preparing, | ||||||
12 | circulating, reviewing, or filing any petition on behalf | ||||||
13 | of a candidate for elective office or for or against any | ||||||
14 | referendum question. | ||||||
15 | (9) Making contributions on behalf of any candidate | ||||||
16 | for elective office in that capacity or in connection with | ||||||
17 | a campaign for elective office. | ||||||
18 | (10) Preparing or reviewing responses to candidate | ||||||
19 | questionnaires in connection with a campaign for elective | ||||||
20 | office or on behalf of a political organization for | ||||||
21 | political purposes. | ||||||
22 | (11) Distributing, preparing for distribution, or | ||||||
23 | mailing campaign literature, campaign signs, or other | ||||||
24 | campaign material on behalf of any candidate for elective | ||||||
25 | office or for or against any referendum question. | ||||||
26 | (12) Campaigning for any elective office or for or |
| |||||||
| |||||||
1 | against any referendum question. | ||||||
2 | (13) Managing or working on a campaign for elective | ||||||
3 | office or for or against any referendum question. | ||||||
4 | (14) Serving as a delegate, alternate, or proxy to a | ||||||
5 | political party convention. | ||||||
6 | (15) Participating in any recount or challenge to the | ||||||
7 | outcome of any election, except to the extent that under | ||||||
8 | subsection (d) of Section 6 of Article IV of the Illinois | ||||||
9 | Constitution each house of the General Assembly shall | ||||||
10 | judge the elections, returns, and qualifications of its | ||||||
11 | members. | ||||||
12 | "Prohibited source" means any person or entity who: | ||||||
13 | (1) is seeking official action (i) by the member or | ||||||
14 | officer or (ii) in the case of an employee, by the employee | ||||||
15 | or by the member, officer, State agency, or other employee | ||||||
16 | directing the employee; | ||||||
17 | (2) does business or seeks to do business (i) with the | ||||||
18 | member or officer or (ii) in the case of an employee, with | ||||||
19 | the employee or with the member, officer, State agency, or | ||||||
20 | other employee directing the employee; | ||||||
21 | (3) conducts activities regulated (i) by the member or | ||||||
22 | officer or (ii) in the case of an employee, by the employee | ||||||
23 | or by the member, officer, State agency, or other employee | ||||||
24 | directing the employee; | ||||||
25 | (4) has interests that may be substantially affected | ||||||
26 | by the performance or non-performance of the official |
| |||||||
| |||||||
1 | duties of the member, officer, or employee; | ||||||
2 | (5) is registered or required to be registered with | ||||||
3 | the Secretary of State under the Lobbyist Registration | ||||||
4 | Act, except that an entity not otherwise a prohibited | ||||||
5 | source does not become a prohibited source merely because | ||||||
6 | a registered lobbyist is one of its members or serves on | ||||||
7 | its board of directors; or | ||||||
8 | (6) is an agent of, a spouse of, or an immediate family | ||||||
9 | member who is living with a "prohibited source". | ||||||
10 | "Regional Development Authority" means the following | ||||||
11 | regional development authorities: | ||||||
12 | (1) the Central Illinois Economic Development | ||||||
13 | Authority created by the Central Illinois Economic | ||||||
14 | Development Authority Act; | ||||||
15 | (2) the Eastern Illinois Economic Development | ||||||
16 | Authority created by the Eastern Illinois Economic | ||||||
17 | Development Authority Act; | ||||||
18 | (3) the Joliet Arsenal Development Authority created | ||||||
19 | by the Joliet Arsenal Development Authority Act; | ||||||
20 | (4) the Quad Cities Regional Economic Development | ||||||
21 | Authority created by Quad Cities Regional Economic | ||||||
22 | Development Authority Act, approved September 22, 1987; | ||||||
23 | (5) the Riverdale Development Authority created by the | ||||||
24 | Riverdale Development Authority Act; | ||||||
25 | (6) the Southeastern Illinois Economic Development | ||||||
26 | Authority created by the Southeastern Illinois Economic |
| |||||||
| |||||||
1 | Development Authority Act; | ||||||
2 | (7) the Southern Illinois Economic Development | ||||||
3 | Authority created by the Southern Illinois Economic | ||||||
4 | Development Authority Act; | ||||||
5 | (8) the Southwestern Illinois Development Authority | ||||||
6 | created by the Southwestern Illinois Development Authority | ||||||
7 | Act; | ||||||
8 | (9) the Tri-County River Valley Development Authority | ||||||
9 | created by the Tri-County River Valley Development | ||||||
10 | Authority Law; | ||||||
11 | (10) the Upper Illinois River Valley Development | ||||||
12 | Authority created by the Upper Illinois River Valley | ||||||
13 | Development Authority Act; | ||||||
14 | (11) the Illinois Urban Development Authority created | ||||||
15 | by the Illinois Urban Development Authority Act; | ||||||
16 | (12) the Western Illinois Economic Development | ||||||
17 | Authority created by the Western Illinois Economic | ||||||
18 | Development Authority Act; and | ||||||
19 | (13) the Will-Kankakee Regional Development Authority | ||||||
20 | created by the Will-Kankakee Regional Development | ||||||
21 | Authority Law. | ||||||
22 | "Regional Transit Board Boards " means (i) the Metropolitan | ||||||
23 | Mobility Authority Board created by the Metropolitan Mobility | ||||||
24 | Authority Act Regional Transportation Authority created by the | ||||||
25 | Regional Transportation Authority Act, (ii) the Suburban Bus | ||||||
26 | Division created by the Regional Transportation Authority Act, |
| |||||||
| |||||||
1 | (iii) the Commuter Rail Division created by the Regional | ||||||
2 | Transportation Authority Act, and (iv) the Chicago Transit | ||||||
3 | Authority created by the Metropolitan Transit Authority Act . | ||||||
4 | "State agency" includes all officers, boards, commissions | ||||||
5 | and agencies created by the Constitution, whether in the | ||||||
6 | executive or legislative branch; all officers, departments, | ||||||
7 | boards, commissions, agencies, institutions, authorities, | ||||||
8 | public institutions of higher learning as defined in Section 2 | ||||||
9 | of the Higher Education Cooperation Act (except community | ||||||
10 | colleges), and bodies politic and corporate of the State; and | ||||||
11 | administrative units or corporate outgrowths of the State | ||||||
12 | government which are created by or pursuant to statute, other | ||||||
13 | than units of local government (including community college | ||||||
14 | districts) and their officers, school districts, and boards of | ||||||
15 | election commissioners; and all administrative units and | ||||||
16 | corporate outgrowths of the above and as may be created by | ||||||
17 | executive order of the Governor. "State agency" includes the | ||||||
18 | General Assembly, the Senate, the House of Representatives, | ||||||
19 | the President and Minority Leader of the Senate, the Speaker | ||||||
20 | and Minority Leader of the House of Representatives, the | ||||||
21 | Senate Operations Commission, and the legislative support | ||||||
22 | services agencies. "State agency" includes the Office of the | ||||||
23 | Auditor General. "State agency" does not include the judicial | ||||||
24 | branch. | ||||||
25 | "State employee" means any employee of a State agency. | ||||||
26 | "Ultimate jurisdictional authority" means the following: |
| |||||||
| |||||||
1 | (1) For members, legislative partisan staff, and | ||||||
2 | legislative secretaries, the appropriate legislative | ||||||
3 | leader: President of the Senate, Minority Leader of the | ||||||
4 | Senate, Speaker of the House of Representatives, or | ||||||
5 | Minority Leader of the House of Representatives. | ||||||
6 | (2) For State employees who are professional staff or | ||||||
7 | employees of the Senate and not covered under item (1), | ||||||
8 | the Senate Operations Commission. | ||||||
9 | (3) For State employees who are professional staff or | ||||||
10 | employees of the House of Representatives and not covered | ||||||
11 | under item (1), the Speaker of the House of | ||||||
12 | Representatives. | ||||||
13 | (4) For State employees who are employees of the | ||||||
14 | legislative support services agencies, the Joint Committee | ||||||
15 | on Legislative Support Services. | ||||||
16 | (5) For State employees of the Auditor General, the | ||||||
17 | Auditor General. | ||||||
18 | (6) For State employees of public institutions of | ||||||
19 | higher learning as defined in Section 2 of the Higher | ||||||
20 | Education Cooperation Act (except community colleges), the | ||||||
21 | board of trustees of the appropriate public institution of | ||||||
22 | higher learning. | ||||||
23 | (7) For State employees of an executive branch | ||||||
24 | constitutional officer other than those described in | ||||||
25 | paragraph (6), the appropriate executive branch | ||||||
26 | constitutional officer. |
| |||||||
| |||||||
1 | (8) For State employees not under the jurisdiction of | ||||||
2 | paragraph (1), (2), (3), (4), (5), (6), or (7), the | ||||||
3 | Governor. | ||||||
4 | (9) (Blank). For employees of Regional Transit Boards, | ||||||
5 | the appropriate Regional Transit Board. | ||||||
6 | (10) For board members of the Regional Transit Board | ||||||
7 | Boards , the Governor. | ||||||
8 | (11) For employees of Regional Development | ||||||
9 | Authorities, the appropriate Regional Development | ||||||
10 | Authority. | ||||||
11 | (12) For board members of Regional Development | ||||||
12 | Authorities, the Governor. | ||||||
13 | (Source: P.A. 103-517, eff. 8-11-23.) | ||||||
14 | (5 ILCS 430/20-5) | ||||||
15 | Sec. 20-5. Executive Ethics Commission. | ||||||
16 | (a) The Executive Ethics Commission is created. | ||||||
17 | (b) The Executive Ethics Commission shall consist of 9 | ||||||
18 | commissioners. The Governor shall appoint 5 commissioners, and | ||||||
19 | the Attorney General, Secretary of State, Comptroller, and | ||||||
20 | Treasurer shall each appoint one commissioner. Appointments | ||||||
21 | shall be made by and with the advice and consent of the Senate | ||||||
22 | by three-fifths of the elected members concurring by record | ||||||
23 | vote. Any nomination not acted upon by the Senate within 60 | ||||||
24 | session days of the receipt thereof shall be deemed to have | ||||||
25 | received the advice and consent of the Senate. If, during a |
| |||||||
| |||||||
1 | recess of the Senate, there is a vacancy in an office of | ||||||
2 | commissioner, the appointing authority shall make a temporary | ||||||
3 | appointment until the next meeting of the Senate when the | ||||||
4 | appointing authority shall make a nomination to fill that | ||||||
5 | office. No person rejected for an office of commissioner | ||||||
6 | shall, except by the Senate's request, be nominated again for | ||||||
7 | that office at the same session of the Senate or be appointed | ||||||
8 | to that office during a recess of that Senate. No more than 5 | ||||||
9 | commissioners may be of the same political party. | ||||||
10 | The terms of the initial commissioners shall commence upon | ||||||
11 | qualification. Four initial appointees of the Governor, as | ||||||
12 | designated by the Governor, shall serve terms running through | ||||||
13 | June 30, 2007. One initial appointee of the Governor, as | ||||||
14 | designated by the Governor, and the initial appointees of the | ||||||
15 | Attorney General, Secretary of State, Comptroller, and | ||||||
16 | Treasurer shall serve terms running through June 30, 2008. The | ||||||
17 | initial appointments shall be made within 60 days after the | ||||||
18 | effective date of this Act. | ||||||
19 | After the initial terms, commissioners shall serve for | ||||||
20 | 4-year terms commencing on July 1 of the year of appointment | ||||||
21 | and running through June 30 of the fourth following year. | ||||||
22 | Commissioners may be reappointed to one or more subsequent | ||||||
23 | terms. | ||||||
24 | Vacancies occurring other than at the end of a term shall | ||||||
25 | be filled by the appointing authority only for the balance of | ||||||
26 | the term of the commissioner whose office is vacant. |
| |||||||
| |||||||
1 | Terms shall run regardless of whether the position is | ||||||
2 | filled. | ||||||
3 | (c) The appointing authorities shall appoint commissioners | ||||||
4 | who have experience holding governmental office or employment | ||||||
5 | and shall appoint commissioners from the general public. A | ||||||
6 | person is not eligible to serve as a commissioner if that | ||||||
7 | person (i) has been convicted of a felony or a crime of | ||||||
8 | dishonesty or moral turpitude, (ii) is, or was within the | ||||||
9 | preceding 12 months, engaged in activities that require | ||||||
10 | registration under the Lobbyist Registration Act, (iii) is | ||||||
11 | related to the appointing authority, or (iv) is a State | ||||||
12 | officer or employee. | ||||||
13 | (d) The Executive Ethics Commission shall have | ||||||
14 | jurisdiction over all officers and employees of State agencies | ||||||
15 | other than the General Assembly, the Senate, the House of | ||||||
16 | Representatives, the President and Minority Leader of the | ||||||
17 | Senate, the Speaker and Minority Leader of the House of | ||||||
18 | Representatives, the Senate Operations Commission, the | ||||||
19 | legislative support services agencies, and the Office of the | ||||||
20 | Auditor General. The Executive Ethics Commission shall have | ||||||
21 | jurisdiction over all board members and employees of the | ||||||
22 | Regional Transit Board Boards and all board members and | ||||||
23 | employees of Regional Development Authorities. The | ||||||
24 | jurisdiction of the Commission is limited to matters arising | ||||||
25 | under this Act, except as provided in subsection (d-5). | ||||||
26 | A member or legislative branch State employee serving on |
| |||||||
| |||||||
1 | an executive branch board or commission remains subject to the | ||||||
2 | jurisdiction of the Legislative Ethics Commission and is not | ||||||
3 | subject to the jurisdiction of the Executive Ethics | ||||||
4 | Commission. | ||||||
5 | (d-5) The Executive Ethics Commission shall have | ||||||
6 | jurisdiction over all chief procurement officers and | ||||||
7 | procurement compliance monitors and their respective staffs. | ||||||
8 | The Executive Ethics Commission shall have jurisdiction over | ||||||
9 | any matters arising under the Illinois Procurement Code if the | ||||||
10 | Commission is given explicit authority in that Code. | ||||||
11 | (d-6) (1) The Executive Ethics Commission shall have | ||||||
12 | jurisdiction over the Illinois Power Agency and its staff. The | ||||||
13 | Director of the Agency shall be appointed by a majority of the | ||||||
14 | commissioners of the Executive Ethics Commission, subject to | ||||||
15 | Senate confirmation, for a term of 2 years. The Director is | ||||||
16 | removable for cause by a majority of the Commission upon a | ||||||
17 | finding of neglect, malfeasance, absence, or incompetence. | ||||||
18 | (2) In case of a vacancy in the office of Director of the | ||||||
19 | Illinois Power Agency during a recess of the Senate, the | ||||||
20 | Executive Ethics Commission may make a temporary appointment | ||||||
21 | until the next meeting of the Senate, at which time the | ||||||
22 | Executive Ethics Commission shall nominate some person to fill | ||||||
23 | the office, and any person so nominated who is confirmed by the | ||||||
24 | Senate shall hold office during the remainder of the term and | ||||||
25 | until his or her successor is appointed and qualified. Nothing | ||||||
26 | in this subsection shall prohibit the Executive Ethics |
| |||||||
| |||||||
1 | Commission from removing a temporary appointee or from | ||||||
2 | appointing a temporary appointee as the Director of the | ||||||
3 | Illinois Power Agency. | ||||||
4 | (3) Prior to June 1, 2012, the Executive Ethics Commission | ||||||
5 | may, until the Director of the Illinois Power Agency is | ||||||
6 | appointed and qualified or a temporary appointment is made | ||||||
7 | pursuant to paragraph (2) of this subsection, designate some | ||||||
8 | person as an acting Director to execute the powers and | ||||||
9 | discharge the duties vested by law in that Director. An acting | ||||||
10 | Director shall serve no later than 60 calendar days, or upon | ||||||
11 | the making of an appointment pursuant to paragraph (1) or (2) | ||||||
12 | of this subsection, whichever is earlier. Nothing in this | ||||||
13 | subsection shall prohibit the Executive Ethics Commission from | ||||||
14 | removing an acting Director or from appointing an acting | ||||||
15 | Director as the Director of the Illinois Power Agency. | ||||||
16 | (4) No person rejected by the Senate for the office of | ||||||
17 | Director of the Illinois Power Agency shall, except at the | ||||||
18 | Senate's request, be nominated again for that office at the | ||||||
19 | same session or be appointed to that office during a recess of | ||||||
20 | that Senate. | ||||||
21 | (d-7) The Executive Ethics Commission shall have | ||||||
22 | jurisdiction over complainants and respondents in violation of | ||||||
23 | subsection (d) of Section 20-90. | ||||||
24 | (e) The Executive Ethics Commission must meet, either in | ||||||
25 | person or by other technological means, at least monthly and | ||||||
26 | as often as necessary. At the first meeting of the Executive |
| |||||||
| |||||||
1 | Ethics Commission, the commissioners shall choose from their | ||||||
2 | number a chairperson and other officers that they deem | ||||||
3 | appropriate. The terms of officers shall be for 2 years | ||||||
4 | commencing July 1 and running through June 30 of the second | ||||||
5 | following year. Meetings shall be held at the call of the | ||||||
6 | chairperson or any 3 commissioners. Official action by the | ||||||
7 | Commission shall require the affirmative vote of 5 | ||||||
8 | commissioners, and a quorum shall consist of 5 commissioners. | ||||||
9 | Commissioners shall receive compensation in an amount equal to | ||||||
10 | the compensation of members of the State Board of Elections | ||||||
11 | and may be reimbursed for their reasonable expenses actually | ||||||
12 | incurred in the performance of their duties. | ||||||
13 | (f) No commissioner or employee of the Executive Ethics | ||||||
14 | Commission may during his or her term of appointment or | ||||||
15 | employment: | ||||||
16 | (1) become a candidate for any elective office; | ||||||
17 | (2) hold any other elected or appointed public office | ||||||
18 | except for appointments on governmental advisory boards or | ||||||
19 | study commissions or as otherwise expressly authorized by | ||||||
20 | law; | ||||||
21 | (3) be actively involved in the affairs of any | ||||||
22 | political party or political organization; or | ||||||
23 | (4) advocate for the appointment of another person to | ||||||
24 | an appointed or elected office or position or actively | ||||||
25 | participate in any campaign for any elective office. | ||||||
26 | (g) An appointing authority may remove a commissioner only |
| |||||||
| |||||||
1 | for cause. | ||||||
2 | (h) The Executive Ethics Commission shall appoint an | ||||||
3 | Executive Director. The compensation of the Executive Director | ||||||
4 | shall be as determined by the Commission. The Executive | ||||||
5 | Director of the Executive Ethics Commission may employ and | ||||||
6 | determine the compensation of staff, as appropriations permit. | ||||||
7 | (i) The Executive Ethics Commission shall appoint, by a | ||||||
8 | majority of the members appointed to the Commission, chief | ||||||
9 | procurement officers and may appoint procurement compliance | ||||||
10 | monitors in accordance with the provisions of the Illinois | ||||||
11 | Procurement Code. The compensation of a chief procurement | ||||||
12 | officer and procurement compliance monitor shall be determined | ||||||
13 | by the Commission. | ||||||
14 | (Source: P.A. 103-517, eff. 8-11-23.) | ||||||
15 | (5 ILCS 430/20-10) | ||||||
16 | Sec. 20-10. Offices of Executive Inspectors General. | ||||||
17 | (a) Five independent Offices of the Executive Inspector | ||||||
18 | General are created, one each for the Governor, the Attorney | ||||||
19 | General, the Secretary of State, the Comptroller, and the | ||||||
20 | Treasurer. Each Office shall be under the direction and | ||||||
21 | supervision of an Executive Inspector General and shall be a | ||||||
22 | fully independent office with separate appropriations. | ||||||
23 | (b) The Governor, Attorney General, Secretary of State, | ||||||
24 | Comptroller, and Treasurer shall each appoint an Executive | ||||||
25 | Inspector General, without regard to political affiliation and |
| |||||||
| |||||||
1 | solely on the basis of integrity and demonstrated ability. | ||||||
2 | Appointments shall be made by and with the advice and consent | ||||||
3 | of the Senate by three-fifths of the elected members | ||||||
4 | concurring by record vote. Any nomination not acted upon by | ||||||
5 | the Senate within 60 session days of the receipt thereof shall | ||||||
6 | be deemed to have received the advice and consent of the | ||||||
7 | Senate. If, during a recess of the Senate, there is a vacancy | ||||||
8 | in an office of Executive Inspector General, the appointing | ||||||
9 | authority shall make a temporary appointment until the next | ||||||
10 | meeting of the Senate when the appointing authority shall make | ||||||
11 | a nomination to fill that office. No person rejected for an | ||||||
12 | office of Executive Inspector General shall, except by the | ||||||
13 | Senate's request, be nominated again for that office at the | ||||||
14 | same session of the Senate or be appointed to that office | ||||||
15 | during a recess of that Senate. | ||||||
16 | Nothing in this Article precludes the appointment by the | ||||||
17 | Governor, Attorney General, Secretary of State, Comptroller, | ||||||
18 | or Treasurer of any other inspector general required or | ||||||
19 | permitted by law. The Governor, Attorney General, Secretary of | ||||||
20 | State, Comptroller, and Treasurer each may appoint an existing | ||||||
21 | inspector general as the Executive Inspector General required | ||||||
22 | by this Article, provided that such an inspector general is | ||||||
23 | not prohibited by law, rule, jurisdiction, qualification, or | ||||||
24 | interest from serving as the Executive Inspector General | ||||||
25 | required by this Article. An appointing authority may not | ||||||
26 | appoint a relative as an Executive Inspector General. |
| |||||||
| |||||||
1 | Each Executive Inspector General shall have the following | ||||||
2 | qualifications: | ||||||
3 | (1) has not been convicted of any felony under the | ||||||
4 | laws of this State, another State, or the United States; | ||||||
5 | (2) has earned a baccalaureate degree from an | ||||||
6 | institution of higher education; and | ||||||
7 | (3) has 5 or more years of cumulative service (A) with | ||||||
8 | a federal, State, or local law enforcement agency, at | ||||||
9 | least 2 years of which have been in a progressive | ||||||
10 | investigatory capacity; (B) as a federal, State, or local | ||||||
11 | prosecutor; (C) as a senior manager or executive of a | ||||||
12 | federal, State, or local agency; (D) as a member, an | ||||||
13 | officer, or a State or federal judge; or (E) representing | ||||||
14 | any combination of items (A) through (D). | ||||||
15 | The term of each initial Executive Inspector General shall | ||||||
16 | commence upon qualification and shall run through June 30, | ||||||
17 | 2008. The initial appointments shall be made within 60 days | ||||||
18 | after the effective date of this Act. | ||||||
19 | After the initial term, each Executive Inspector General | ||||||
20 | shall serve for 5-year terms commencing on July 1 of the year | ||||||
21 | of appointment and running through June 30 of the fifth | ||||||
22 | following year. An Executive Inspector General may be | ||||||
23 | reappointed to one or more subsequent terms. | ||||||
24 | A vacancy occurring other than at the end of a term shall | ||||||
25 | be filled by the appointing authority only for the balance of | ||||||
26 | the term of the Executive Inspector General whose office is |
| |||||||
| |||||||
1 | vacant. | ||||||
2 | Terms shall run regardless of whether the position is | ||||||
3 | filled. | ||||||
4 | (c) The Executive Inspector General appointed by the | ||||||
5 | Attorney General shall have jurisdiction over the Attorney | ||||||
6 | General and all officers and employees of, and vendors and | ||||||
7 | others doing business with, State agencies within the | ||||||
8 | jurisdiction of the Attorney General. The Executive Inspector | ||||||
9 | General appointed by the Secretary of State shall have | ||||||
10 | jurisdiction over the Secretary of State and all officers and | ||||||
11 | employees of, and vendors and others doing business with, | ||||||
12 | State agencies within the jurisdiction of the Secretary of | ||||||
13 | State. The Executive Inspector General appointed by the | ||||||
14 | Comptroller shall have jurisdiction over the Comptroller and | ||||||
15 | all officers and employees of, and vendors and others doing | ||||||
16 | business with, State agencies within the jurisdiction of the | ||||||
17 | Comptroller. The Executive Inspector General appointed by the | ||||||
18 | Treasurer shall have jurisdiction over the Treasurer and all | ||||||
19 | officers and employees of, and vendors and others doing | ||||||
20 | business with, State agencies within the jurisdiction of the | ||||||
21 | Treasurer. The Executive Inspector General appointed by the | ||||||
22 | Governor shall have jurisdiction over (i) the Governor, (ii) | ||||||
23 | the Lieutenant Governor, (iii) all officers and employees of, | ||||||
24 | and vendors and others doing business with, executive branch | ||||||
25 | State agencies under the jurisdiction of the Executive Ethics | ||||||
26 | Commission and not within the jurisdiction of the Attorney |
| |||||||
| |||||||
1 | General, the Secretary of State, the Comptroller, or the | ||||||
2 | Treasurer, (iv) all board members and employees of the | ||||||
3 | Regional Transit Board Boards and all vendors and others doing | ||||||
4 | business with the Regional Transit Board Boards , and (v) all | ||||||
5 | board members and employees of the Regional Development | ||||||
6 | Authorities and all vendors and others doing business with the | ||||||
7 | Regional Development Authorities. | ||||||
8 | The jurisdiction of each Executive Inspector General is to | ||||||
9 | investigate allegations of fraud, waste, abuse, mismanagement, | ||||||
10 | misconduct, nonfeasance, misfeasance, malfeasance, or | ||||||
11 | violations of this Act or violations of other related laws and | ||||||
12 | rules. | ||||||
13 | Each Executive Inspector General shall have jurisdiction | ||||||
14 | over complainants in violation of subsection (e) of Section | ||||||
15 | 20-63 for disclosing a summary report prepared by the | ||||||
16 | respective Executive Inspector General. | ||||||
17 | (d) The compensation for each Executive Inspector General | ||||||
18 | shall be determined by the Executive Ethics Commission and | ||||||
19 | shall be provided from appropriations made to the Comptroller | ||||||
20 | for this purpose. For terms of office beginning on or after | ||||||
21 | July 1, 2023, each Executive Inspector General shall receive, | ||||||
22 | on July 1 of each year, beginning on July 1, 2024, an increase | ||||||
23 | in salary based on a cost of living adjustment as authorized by | ||||||
24 | Senate Joint Resolution 192 of the 86th General Assembly. | ||||||
25 | Subject to Section 20-45 of this Act, each Executive Inspector | ||||||
26 | General has full authority to organize his or her Office of the |
| |||||||
| |||||||
1 | Executive Inspector General, including the employment and | ||||||
2 | determination of the compensation of staff, such as deputies, | ||||||
3 | assistants, and other employees, as appropriations permit. A | ||||||
4 | separate appropriation shall be made for each Office of | ||||||
5 | Executive Inspector General. | ||||||
6 | (e) No Executive Inspector General or employee of the | ||||||
7 | Office of the Executive Inspector General may, during his or | ||||||
8 | her term of appointment or employment: | ||||||
9 | (1) become a candidate for any elective office; | ||||||
10 | (2) hold any other elected or appointed public office | ||||||
11 | except for appointments on governmental advisory boards or | ||||||
12 | study commissions or as otherwise expressly authorized by | ||||||
13 | law; | ||||||
14 | (3) be actively involved in the affairs of any | ||||||
15 | political party or political organization; or | ||||||
16 | (4) advocate for the appointment of another person to | ||||||
17 | an appointed or elected office or position or actively | ||||||
18 | participate in any campaign for any elective office. | ||||||
19 | In this subsection an appointed public office means a | ||||||
20 | position authorized by law that is filled by an appointing | ||||||
21 | authority as provided by law and does not include employment | ||||||
22 | by hiring in the ordinary course of business. | ||||||
23 | (e-1) No Executive Inspector General or employee of the | ||||||
24 | Office of the Executive Inspector General may, for one year | ||||||
25 | after the termination of his or her appointment or employment: | ||||||
26 | (1) become a candidate for any elective office; |
| |||||||
| |||||||
1 | (2) hold any elected public office; or | ||||||
2 | (3) hold any appointed State, county, or local | ||||||
3 | judicial office. | ||||||
4 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
5 | be waived by the Executive Ethics Commission. | ||||||
6 | (f) An Executive Inspector General may be removed only for | ||||||
7 | cause and may be removed only by the appointing constitutional | ||||||
8 | officer. At the time of the removal, the appointing | ||||||
9 | constitutional officer must report to the Executive Ethics | ||||||
10 | Commission the justification for the removal. | ||||||
11 | (Source: P.A. 102-558, eff. 8-20-21; 102-1115, eff. 1-9-23; | ||||||
12 | 103-517, eff. 8-11-23.) | ||||||
13 | (5 ILCS 430/Art. 75 heading) | ||||||
14 | ARTICLE 75. REGIONAL TRANSIT BOARD BOARDS | ||||||
15 | AND REGIONAL DEVELOPMENT AUTHORITIES | ||||||
16 | (Source: P.A. 103-517, eff. 8-11-23.) | ||||||
17 | (5 ILCS 430/75-5) | ||||||
18 | Sec. 75-5. Application of the State Officials and | ||||||
19 | Employees Ethics Act to the Regional Transit Board Boards and | ||||||
20 | Regional Development Authorities. | ||||||
21 | (a) The provisions of Articles 1, 5, 10, 20, and 50 of this | ||||||
22 | Act, as well as this Article, apply to the Regional Transit | ||||||
23 | Board Boards and Regional Development Authorities. As used in | ||||||
24 | Articles 1, 5, 10, 20, 50, and 75, (i) "appointee" and |
| |||||||
| |||||||
1 | "officer" include a person appointed to serve on the board of a | ||||||
2 | Regional Transit Board or a board of a Regional Development | ||||||
3 | Authority, and (ii) "employee" and "State employee" include: | ||||||
4 | (A) a full-time, part-time, or contractual employee of a | ||||||
5 | Regional Transit Board or a Regional Development Authority; | ||||||
6 | and (B) Authority leaders of a Regional Development Authority. | ||||||
7 | As used in this subsection, "Authority leader" has the meaning | ||||||
8 | given to that term in the various Acts and Laws creating the | ||||||
9 | Regional Development Authorities. | ||||||
10 | (b) The Executive Ethics Commission shall have | ||||||
11 | jurisdiction over all board members and employees of the | ||||||
12 | Regional Transit Board Boards and Regional Development | ||||||
13 | Authorities. The Executive Inspector General appointed by the | ||||||
14 | Governor shall have jurisdiction over all board members, | ||||||
15 | employees, vendors, and others doing business with the | ||||||
16 | Regional Transit Board Boards and Regional Development | ||||||
17 | Authorities to investigate allegations of fraud, waste, abuse, | ||||||
18 | mismanagement, misconduct, nonfeasance, misfeasance, | ||||||
19 | malfeasance, or violations of this Act. | ||||||
20 | (Source: P.A. 103-517, eff. 8-11-23.) | ||||||
21 | (5 ILCS 430/75-10) | ||||||
22 | Sec. 75-10. Coordination between Executive Inspector | ||||||
23 | General and Inspectors General appointed by Regional Transit | ||||||
24 | Board Boards . | ||||||
25 | (a) Nothing in this amendatory Act of the 96th General |
| |||||||
| |||||||
1 | Assembly precludes the a Regional Transit Board from | ||||||
2 | appointing or employing an Inspector General to serve under | ||||||
3 | the jurisdiction of the a Regional Transit Board to receive | ||||||
4 | complaints and conduct investigations in accordance with an | ||||||
5 | ordinance or resolution adopted by that respective Board, | ||||||
6 | provided he or she is approved by the Executive Ethics | ||||||
7 | Commission. The A Regional Transit Board shall notify the | ||||||
8 | Executive Ethics Commission within 10 days after employing or | ||||||
9 | appointing a person to serve as Inspector General, and the | ||||||
10 | Executive Ethics Commission shall approve or reject the | ||||||
11 | appointment or employment of the Inspector General. Any | ||||||
12 | notification not acted upon by the Executive Ethics Commission | ||||||
13 | within 60 days after its receipt shall be deemed to have | ||||||
14 | received the approval of the Executive Ethics Commission. | ||||||
15 | Within 30 days after the effective date of this amendatory Act | ||||||
16 | of the 96th General Assembly, a Regional Transit Board shall | ||||||
17 | notify the Executive Ethics Commission of any person serving | ||||||
18 | on the effective date of this amendatory Act as an Inspector | ||||||
19 | General for the Regional Transit Board, and the Executive | ||||||
20 | Ethics Commission shall approve or reject the appointment or | ||||||
21 | employment within 30 days after receipt of the notification, | ||||||
22 | provided that any notification not acted upon by the Executive | ||||||
23 | Ethics Commission within 30 days shall be deemed to have | ||||||
24 | received approval. No person rejected by the Executive Ethics | ||||||
25 | Commission shall serve as an Inspector General for the a | ||||||
26 | Regional Transit Board for a term of 5 years after being |
| |||||||
| |||||||
1 | rejected by the Commission. For purposes of this subsection | ||||||
2 | (a), any person appointed or employed by a Transit Board to | ||||||
3 | receive complaints and investigate allegations of fraud, | ||||||
4 | waste, abuse, mismanagement, misconduct, nonfeasance, | ||||||
5 | misfeasance, malfeasance, or violations of this Act shall be | ||||||
6 | considered an Inspector General and shall be subject to | ||||||
7 | approval of the Executive Ethics Commission. | ||||||
8 | (b) The Executive Inspector General appointed by the | ||||||
9 | Governor shall have exclusive jurisdiction to investigate | ||||||
10 | complaints or allegations of violations of this Act and, in | ||||||
11 | his or her discretion, may investigate other complaints or | ||||||
12 | allegations. Complaints or allegations of a violation of this | ||||||
13 | Act received by an Inspector General appointed or employed by | ||||||
14 | the a Regional Transit Board shall be immediately referred to | ||||||
15 | the Executive Inspector General. The Executive Inspector | ||||||
16 | General shall have authority to assume responsibility and | ||||||
17 | investigate any complaint or allegation received by an | ||||||
18 | Inspector General appointed or employed by the a Regional | ||||||
19 | Transit Board. In the event the Executive Inspector General | ||||||
20 | provides written notification of intent to assume | ||||||
21 | investigatory responsibility for a complaint, allegation, or | ||||||
22 | ongoing investigation, the Inspector General appointed or | ||||||
23 | employed by the a Regional Transit Board shall cease review of | ||||||
24 | the complaint, allegation, or ongoing investigation and | ||||||
25 | provide all information to the Executive Inspector General. | ||||||
26 | The Executive Inspector General may delegate responsibility |
| |||||||
| |||||||
1 | for an investigation to the Inspector General appointed or | ||||||
2 | employed by the a Regional Transit Board. In the event the | ||||||
3 | Executive Inspector General provides an Inspector General | ||||||
4 | appointed or employed by the a Regional Transit Board with | ||||||
5 | written notification of intent to delegate investigatory | ||||||
6 | responsibility for a complaint, allegation, or ongoing | ||||||
7 | investigation, the Executive Inspector General shall provide | ||||||
8 | all information to the Inspector General appointed or employed | ||||||
9 | by the a Regional Transit Board. | ||||||
10 | (c) An Inspector General appointed or employed by the a | ||||||
11 | Regional Transit Board shall provide a monthly activity report | ||||||
12 | to the Executive Inspector General indicating: | ||||||
13 | (1) the total number of complaints or allegations | ||||||
14 | received since the date of the last report and a | ||||||
15 | description of each complaint; | ||||||
16 | (2) the number of investigations pending as of the | ||||||
17 | reporting date and the status of each investigation; | ||||||
18 | (3) the number of investigations concluded since the | ||||||
19 | date of the last report and the result of each | ||||||
20 | investigation; and | ||||||
21 | (4) the status of any investigation delegated by the | ||||||
22 | Executive Inspector General. | ||||||
23 | An Inspector General appointed or employed by the a | ||||||
24 | Regional Transit Board and the Executive Inspector General | ||||||
25 | shall cooperate and share resources or information as | ||||||
26 | necessary to implement the provisions of this Article. |
| |||||||
| |||||||
1 | (d) Reports filed under this Section are exempt from the | ||||||
2 | Freedom of Information Act and shall be deemed confidential. | ||||||
3 | Investigatory files and reports prepared by the Office of the | ||||||
4 | Executive Inspector General and the Office of an Inspector | ||||||
5 | General appointed or employed by the a Regional Transit Board | ||||||
6 | may be disclosed between the Offices as necessary to implement | ||||||
7 | the provisions of this Article. | ||||||
8 | (Source: P.A. 96-1528, eff. 7-1-11 .) | ||||||
9 | Section 20.07. The Illinois Act on the Aging is amended by | ||||||
10 | changing Section 4.15 as follows: | ||||||
11 | (20 ILCS 105/4.15) | ||||||
12 | Sec. 4.15. Eligibility determinations. | ||||||
13 | (a) The Department is authorized to make eligibility | ||||||
14 | determinations for benefits administered by other governmental | ||||||
15 | bodies based on the Senior Citizens and Persons with | ||||||
16 | Disabilities Property Tax Relief Act as follows: | ||||||
17 | (i) for the Secretary of State with respect to reduced | ||||||
18 | fees paid by qualified vehicle owners under the Illinois | ||||||
19 | Vehicle Code; | ||||||
20 | (ii) for special districts that offer free fixed-route | ||||||
21 | fixed route public transportation services for qualified | ||||||
22 | older adults under the Local Mass Transit District Act , | ||||||
23 | the Metropolitan Transit Authority Act, and the | ||||||
24 | Metropolitan Mobility Regional Transportation Authority |
| |||||||
| |||||||
1 | Act; and | ||||||
2 | (iii) for special districts that offer transit | ||||||
3 | services for qualified individuals with disabilities under | ||||||
4 | the Local Mass Transit District Act , the Metropolitan | ||||||
5 | Transit Authority Act, and the Metropolitan Mobility | ||||||
6 | Regional Transportation Authority Act. | ||||||
7 | (b) The Department shall establish the manner by which | ||||||
8 | claimants shall apply for these benefits. The Department is | ||||||
9 | authorized to promulgate rules regarding the following | ||||||
10 | matters: the application cycle; the application process; the | ||||||
11 | content for an electronic application; required personal | ||||||
12 | identification information; acceptable proof of eligibility as | ||||||
13 | to age, disability status, marital status, residency, and | ||||||
14 | household income limits; household composition; calculating | ||||||
15 | income; use of social security numbers; duration of | ||||||
16 | eligibility determinations; and any other matters necessary | ||||||
17 | for such administrative operations. | ||||||
18 | (c) All information received by the Department from an | ||||||
19 | application or from any investigation to determine eligibility | ||||||
20 | for benefits shall be confidential, except for official | ||||||
21 | purposes. | ||||||
22 | (d) A person may not under any circumstances charge a fee | ||||||
23 | to a claimant for assistance in completing an application form | ||||||
24 | for these benefits. | ||||||
25 | (Source: P.A. 98-887, eff. 8-15-14; 99-143, eff. 7-27-15.) |
| |||||||
| |||||||
1 | Section 20.08. The Department of Public Health Powers and | ||||||
2 | Duties Law of the Civil Administrative Code of Illinois is | ||||||
3 | amended by changing Section 2310-55.5 as follows: | ||||||
4 | (20 ILCS 2310/2310-55.5) | ||||||
5 | Sec. 2310-55.5. Free and reduced fare services. The | ||||||
6 | Metropolitan Mobility Regional Transportation Authority shall | ||||||
7 | monthly provide the Department with a list of riders that | ||||||
8 | receive free or reduced fares under the Metropolitan Mobility | ||||||
9 | Regional Transportation Authority Act. The list shall include | ||||||
10 | an individual's name, address, and date of birth. The | ||||||
11 | Department shall, within 2 weeks after receipt of the list, | ||||||
12 | report back to the Metropolitan Mobility Regional | ||||||
13 | Transportation Authority any discrepancies that indicate that | ||||||
14 | a rider receiving free or reduced fare services is deceased. | ||||||
15 | (Source: P.A. 97-781, eff. 1-1-13.) | ||||||
16 | (20 ILCS 2605/2605-340 rep.) | ||||||
17 | Section 20.09. The Illinois State Police Law of the Civil | ||||||
18 | Administrative Code of Illinois is amended by repealing | ||||||
19 | Section 2605-340. | ||||||
20 | Section 20.10. The Department of Transportation Law of the | ||||||
21 | Civil Administrative Code of Illinois is amended by changing | ||||||
22 | Sections 2705-203, 2705-300, 2705-305, 2705-310, 2705-315, and | ||||||
23 | 2705-440 and by adding Sections 2705-204 and 2705-594 as |
| |||||||
| |||||||
1 | follows: | ||||||
2 | (20 ILCS 2705/2705-203) | ||||||
3 | Sec. 2705-203. Transportation asset management plan and | ||||||
4 | performance-based programming. | ||||||
5 | (a) The General Assembly declares it to be in the public | ||||||
6 | interest that a project prioritization process be developed | ||||||
7 | and implemented to: improve the efficiency and effectiveness | ||||||
8 | of the State's transportation system and transportation | ||||||
9 | safety; enhance movement and multi-modal connections of people | ||||||
10 | and goods; mitigate environmental impacts; and promote | ||||||
11 | inclusive economic growth throughout the State. | ||||||
12 | (b) In accordance with Section 2705-200, the Department of | ||||||
13 | Transportation shall develop and publish a statewide | ||||||
14 | multi-modal transportation improvement program for all | ||||||
15 | transportation facilities under its jurisdiction. The | ||||||
16 | development of the program shall use the following methods: | ||||||
17 | (1) use transportation system information to make | ||||||
18 | investment and policy decisions to achieve statewide and | ||||||
19 | regional performance goals established in the State's | ||||||
20 | long-range transportation plan; | ||||||
21 | (2) ensure transportation investment decisions emerge | ||||||
22 | from an objective and quantifiable technical analysis; | ||||||
23 | (3) evaluate the need and financial support necessary | ||||||
24 | for maintaining, expanding, and modernizing existing | ||||||
25 | transportation infrastructure; |
| |||||||
| |||||||
1 | (4) ensure that all State transportation funds | ||||||
2 | invested are directed to support progress toward the | ||||||
3 | achievement of performance targets established in the | ||||||
4 | State's long-range transportation plan; | ||||||
5 | (5) make investment decisions transparent and | ||||||
6 | accessible to the public; | ||||||
7 | (6) consider emissions and increase infrastructure | ||||||
8 | resilience to climate change; and | ||||||
9 | (7) reduce disparities in transportation system | ||||||
10 | performance experienced by racially marginalized | ||||||
11 | communities, low-income to moderate-income consumers, and | ||||||
12 | other disadvantaged groups and populations identified | ||||||
13 | under the Environmental Justice Act. | ||||||
14 | (c) The Department shall develop a risk-based, statewide | ||||||
15 | highway system asset management plan in accordance with 23 | ||||||
16 | U.S.C. 119 and 23 CFR Part 515 to preserve and improve the | ||||||
17 | condition of highway and bridge assets and enhance the | ||||||
18 | performance of the system while minimizing the life-cycle | ||||||
19 | cost. The asset management plan shall be made publicly | ||||||
20 | available on the Department's website. | ||||||
21 | (d) The Department shall develop a needs-based transit | ||||||
22 | asset management plan for State-supported public | ||||||
23 | transportation assets, including vehicles, facilities, | ||||||
24 | equipment, and other infrastructure in accordance with 49 CFR | ||||||
25 | Part 625. The goal of the transit asset management plan is to | ||||||
26 | preserve and modernize capital transit assets that will |
| |||||||
| |||||||
1 | enhance the performance of the transit system. Federally | ||||||
2 | required transit asset management plans developed by the | ||||||
3 | Metropolitan Mobility Authority Regional Transportation | ||||||
4 | Authority (RTA) or service boards, as defined in Section 1.03 | ||||||
5 | of the Regional Transportation Authority Act, shall become the | ||||||
6 | transportation asset management plans for all public | ||||||
7 | transportation assets owned and operated by the Authority | ||||||
8 | service boards . The Department's transit asset management plan | ||||||
9 | shall be made publicly available on the Department's website. | ||||||
10 | The Metropolitan Mobility Authority RTA shall be responsible | ||||||
11 | for making public transit asset management plans for its | ||||||
12 | service area publicly available. | ||||||
13 | (e) The Department shall develop a performance-based | ||||||
14 | project selection process to prioritize taxpayer investment in | ||||||
15 | State-owned transportation assets that add capacity. The goal | ||||||
16 | of the process is to select projects through an evaluation | ||||||
17 | process. This process shall provide the ability to prioritize | ||||||
18 | projects based on geographic regions. The Department shall | ||||||
19 | solicit input from localities, metropolitan planning | ||||||
20 | organizations, transit authorities, transportation | ||||||
21 | authorities, representatives of labor and private businesses, | ||||||
22 | the public, community-based organizations, and other | ||||||
23 | stakeholders in its development of the prioritization process | ||||||
24 | pursuant to this subsection. | ||||||
25 | The selection process shall include a defined public | ||||||
26 | process by which candidate projects are evaluated and |
| |||||||
| |||||||
1 | selected. The process shall include both a quantitative | ||||||
2 | analysis of the evaluation factors and qualitative review by | ||||||
3 | the Department. The Department may apply different weights to | ||||||
4 | the performance measures based on regional geography or | ||||||
5 | project type. Projects selected as part of the process will be | ||||||
6 | considered for inclusion in the State's multi-year | ||||||
7 | transportation program and the annual element of the | ||||||
8 | multi-year program. Starting April 1, 2022, no new capacity | ||||||
9 | project shall be included in the multi-year transportation | ||||||
10 | plan or annual element without being evaluated under the | ||||||
11 | selection process described in this Section. Existing projects | ||||||
12 | in the multi-year highway improvement program may be included | ||||||
13 | regardless of the outcome of using the performance-based | ||||||
14 | project selection tool. The policies that guide the | ||||||
15 | performance-based project selection process shall be derived | ||||||
16 | from State and regional long-range transportation plans. The | ||||||
17 | Department shall certify that it is making progress toward the | ||||||
18 | goals included in the State's long-range transportation plan. | ||||||
19 | All plan and program development based on the project | ||||||
20 | selection process described in this subsection shall include | ||||||
21 | consideration of regional balance. The selection process shall | ||||||
22 | be based on an objective and quantifiable analysis that | ||||||
23 | considers, at a minimum, the goals identified in the | ||||||
24 | long-range transportation plan and shall: | ||||||
25 | (1) consider emissions and increase infrastructure | ||||||
26 | resilience due to climate change; and |
| |||||||
| |||||||
1 | (2) reduce disparities in transportation system | ||||||
2 | performance experienced by racially marginalized | ||||||
3 | communities, low-income to moderate-income consumers, and | ||||||
4 | other disadvantaged groups and populations identified | ||||||
5 | under the Environmental Justice Act. | ||||||
6 | (f) The prioritization process developed under subsection | ||||||
7 | (e) may apply only to State jurisdiction projects and not to: | ||||||
8 | (1) projects funded by the Congestion Mitigation and | ||||||
9 | Air Quality Improvement funds apportioned to the State | ||||||
10 | pursuant to 23 U.S.C. 104(b)(4) and State matching funds; | ||||||
11 | (2) projects funded by the Highway Safety Improvement | ||||||
12 | Program funds apportioned to the State pursuant to 23 | ||||||
13 | U.S.C. 104(b)(3) and State matching funds; | ||||||
14 | (3) projects funded by the Transportation Alternatives | ||||||
15 | funds set-aside pursuant to 23 U.S.C. 133(h) and State | ||||||
16 | matching funds; | ||||||
17 | (4) projects funded by the National Highway Freight | ||||||
18 | Program pursuant to 23 U.S.C. 167 and State matching | ||||||
19 | funds; | ||||||
20 | (5) funds to be allocated to urban areas based on | ||||||
21 | population under federal law; and | ||||||
22 | (6) any new federal program that requires competitive | ||||||
23 | selection, distribution to local public agencies, or | ||||||
24 | specific eligibility. | ||||||
25 | (g) A summary of the project evaluation process, measures, | ||||||
26 | program, and scores for all candidate projects shall be |
| |||||||
| |||||||
1 | published on the Department website in a timely manner. | ||||||
2 | (Source: P.A. 102-573, eff. 8-24-21.) | ||||||
3 | (20 ILCS 2705/2705-204 new) | ||||||
4 | Sec. 2705-204. Transportation planning and greenhouse gas | ||||||
5 | reduction. | ||||||
6 | (a) The General Assembly finds that: | ||||||
7 | (1) Article XI of the Illinois Constitution provides | ||||||
8 | that the public policy of the State and the duty of each | ||||||
9 | person is to provide and maintain a healthful environment | ||||||
10 | for the benefit of this and future generations. | ||||||
11 | (2) The transportation sector is now the largest | ||||||
12 | source of greenhouse gas emissions in the State. | ||||||
13 | (3) The State has previously set a goal to have an | ||||||
14 | electric power sector that is free of greenhouse gas | ||||||
15 | emissions by 2045. | ||||||
16 | (4) Greenhouse gas pollution resulting from the | ||||||
17 | production, distribution, and use of motor vehicle fuels | ||||||
18 | produces many social costs, including, but not limited to, | ||||||
19 | adverse public health impacts, increased heat waves, | ||||||
20 | droughts, water supply shortages, flooding, biodiversity | ||||||
21 | loss, and forest health issues, such as forest fires. | ||||||
22 | (5) The Illinois State Climatologist is projecting | ||||||
23 | that, by the end of the 21st Century, average daily | ||||||
24 | temperatures in the State will increase between 4 and 9 | ||||||
25 | degrees Fahrenheit under a lower emissions scenario and |
| |||||||
| |||||||
1 | between 8 and 14 degrees Fahrenheit under a higher | ||||||
2 | emissions scenario. | ||||||
3 | (6) Climate change of such speed and magnitude will | ||||||
4 | result in heat stress on animals, plants, and workers; | ||||||
5 | reduced crop yields from short-term and rapid-onset | ||||||
6 | drought; increased pestilence; and other challenges that | ||||||
7 | will adversely affect the State's agriculture sector. | ||||||
8 | (7) Increases in flooding, heat, and other factors | ||||||
9 | associated with climate change will stress the State's | ||||||
10 | transportation infrastructure, such as bridges and | ||||||
11 | roadways in low-lying areas, and will require more | ||||||
12 | resources to maintain roadways and other transportation | ||||||
13 | infrastructure. | ||||||
14 | (8) State investment in a clean transportation economy | ||||||
15 | in the State can expand equitable access to public health, | ||||||
16 | safety, a cleaner environment, quality jobs, and economic | ||||||
17 | opportunity. | ||||||
18 | (9) It is the public policy of the State to ensure that | ||||||
19 | State residents from communities disproportionately | ||||||
20 | impacted by climate change, communities facing automotive | ||||||
21 | plant closures, economically disadvantaged communities, | ||||||
22 | and individuals experiencing barriers to employment have | ||||||
23 | access to State programs and good jobs and career | ||||||
24 | opportunities in growing sectors of the State economy. | ||||||
25 | (10) To minimize any adverse environmental and health | ||||||
26 | impacts of planned transportation projects and to address |
| |||||||
| |||||||
1 | inequitable distribution of the burdens of those projects, | ||||||
2 | it is necessary, appropriate, and in the best interests of | ||||||
3 | the State and its citizens to require the Department and | ||||||
4 | MPOs, which are the State's primary transportation | ||||||
5 | planning entities with responsibility for selecting and | ||||||
6 | funding transportation projects, to engage in an enhanced | ||||||
7 | level of planning, modeling, and other analysis, community | ||||||
8 | engagement, and monitoring with respect to those projects | ||||||
9 | as required by this Section. | ||||||
10 | (11) Subsection (a) of Section 15 of the Regional | ||||||
11 | Planning Act provides that the Chicago Metropolitan Agency | ||||||
12 | for Planning, whose Policy Committee is the MPO for | ||||||
13 | Northeastern Illinois, shall be responsible for developing | ||||||
14 | and adopting a funding and implementation strategy for an | ||||||
15 | integrated land use and transportation planning process. | ||||||
16 | (12) Section 48 of the Regional Planning Act provides | ||||||
17 | that the Chicago Metropolitan Agency for Planning shall | ||||||
18 | establish an incentive program to enable local governments | ||||||
19 | and developers to create more affordable workforce housing | ||||||
20 | options near jobs and transit, create jobs near existing | ||||||
21 | affordable workforce housing, create transit-oriented | ||||||
22 | development, integrate transportation and land use | ||||||
23 | planning, provide a range of viable transportation choices | ||||||
24 | in addition to the car, encourage compact and mixed-use | ||||||
25 | development, and support neighborhood revitalization. | ||||||
26 | (13) Paragraph (1) of subsection (a) of Section 5303 |
| |||||||
| |||||||
1 | of Title 49 of the United States Code (49 U.S.C. | ||||||
2 | 5303(a)(1)) provides, in relevant part, that it is in the | ||||||
3 | national interest to better connect housing and | ||||||
4 | employment, while minimizing transportation-related fuel | ||||||
5 | consumption and air pollution through metropolitan and | ||||||
6 | statewide transportation planning processes. | ||||||
7 | (14) Subparagraph (A) of paragraph (4) of subsection | ||||||
8 | (k) of Section 5303 of Title 49 of the United States Code | ||||||
9 | (49 U.S.C. 5303(k)(4)(A)) provides that MPOs serving | ||||||
10 | transportation management areas may address the | ||||||
11 | integration of housing, transportation, and economic | ||||||
12 | development strategies through a process that provides for | ||||||
13 | effective integration, based on a cooperatively developed | ||||||
14 | and implemented strategy, of new and existing | ||||||
15 | transportation facilities eligible for funding. | ||||||
16 | (15) Subparagraph (C) of paragraph (4) of subsection | ||||||
17 | (k) of Section 5303 of Title 49 of the United States Code | ||||||
18 | (49 U.S.C. 5303(k)(4)(C)) provides that MPOs serving | ||||||
19 | transportation management areas may develop a housing | ||||||
20 | coordination plan that includes projects and strategies | ||||||
21 | that may be considered in the metropolitan transportation | ||||||
22 | plan of the MPO to develop regional goals for the | ||||||
23 | integration of housing, transportation, and economic | ||||||
24 | development strategies. | ||||||
25 | (16) Land use policies and practices that result in | ||||||
26 | shorter distances between where people reside and jobs and |
| |||||||
| |||||||
1 | other destinations they seek to access and that facilitate | ||||||
2 | multimodal transportation options for the public are one | ||||||
3 | of the most effective tools to reduce greenhouse gas | ||||||
4 | emissions from the transportation sector and provide more | ||||||
5 | affordable transportation options. | ||||||
6 | (17) Transportation is the second-largest expense | ||||||
7 | category for most households and the cost of owning, | ||||||
8 | operating, and maintaining personal vehicles is a | ||||||
9 | significant burden for many households. | ||||||
10 | (18) Reducing vehicle miles traveled per person | ||||||
11 | through more efficient land use and transportation systems | ||||||
12 | will help the State achieve its greenhouse gas reduction | ||||||
13 | goals and reduce the transportation cost burden on State | ||||||
14 | households. | ||||||
15 | (19) To the maximum extent practicable, actions taken | ||||||
16 | to achieve these goals must avoid causing disproportionate | ||||||
17 | adverse impacts to residents of communities that are or | ||||||
18 | have been disproportionately exposed to pollution | ||||||
19 | affecting human health and environmental quality. | ||||||
20 | (b) As used in this Section: | ||||||
21 | "Applicable planning document" means an MPO's Regional | ||||||
22 | Transportation Plan or the Department's Long-Range State | ||||||
23 | Transportation Plan. "Applicable planning document" includes | ||||||
24 | amendments to such plans that add capacity expansion projects | ||||||
25 | or other projects resulting in a net increase in GHG | ||||||
26 | emissions. |
| |||||||
| |||||||
1 | "Climate equity accessibility score" means a measurement | ||||||
2 | of the impact of certain transportation projects on (i) GHG | ||||||
3 | emissions, (ii) the accessibility of jobs and other | ||||||
4 | destinations to people residing in the project area, and (iii) | ||||||
5 | the affordability of transportation. | ||||||
6 | "CO 2 e" means the number of metric tons of carbon dioxide | ||||||
7 | emissions with the same global warming potential as one metric | ||||||
8 | ton of another greenhouse gas, is calculated using Equation | ||||||
9 | A-1 in 40 CFR 98.2, and allows for the comparison of emissions | ||||||
10 | of various different greenhouse gases with different global | ||||||
11 | warming potentials and the calculation of the relative impact | ||||||
12 | of the emissions on the environment over a standard time | ||||||
13 | period. | ||||||
14 | "Disproportionately impacted community" means the | ||||||
15 | residents within a census block group in which, according to | ||||||
16 | the most recent federal decennial census, more than 40% of the | ||||||
17 | households are low-income households, more than 40% of the | ||||||
18 | households identify as minority households, or more than 40% | ||||||
19 | of the households are housing cost-burdened, as defined by the | ||||||
20 | United States Census Bureau. | ||||||
21 | "Greenhouse gas emissions" or "GHG emissions" means | ||||||
22 | emissions of carbon dioxide, methane, nitrous oxide, | ||||||
23 | hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, | ||||||
24 | and sulfur hexafluoride. | ||||||
25 | "Greenhouse gas emissions analysis" or "GHG emissions | ||||||
26 | analysis" means the analysis of the GHG emissions calculated |
| |||||||
| |||||||
1 | as being generated by the projects and programs contained in | ||||||
2 | an applicable planning document. | ||||||
3 | "Greenhouse gas mitigation measure" or "GHG mitigation | ||||||
4 | measure" means a project, program, or policy established by | ||||||
5 | the Environmental Protection Agency by rule under subparagraph | ||||||
6 | (G) of paragraph (3) of subsection (c) that can reasonably be | ||||||
7 | expected to result in a quantifiable reduction in GHG | ||||||
8 | emissions and that would not be undertaken absent the need by | ||||||
9 | the Department or an MPO to reduce GHG emissions to meet their | ||||||
10 | greenhouse gas targets. "Greenhouse gas mitigation measure" or | ||||||
11 | "GHG mitigation measure" does not include a roadway capacity | ||||||
12 | expansion project. "Greenhouse gas mitigation measure" or "GHG | ||||||
13 | mitigation measure" includes: | ||||||
14 | (1) the addition of transit and other mobility | ||||||
15 | resources, including, but not limited to, shared bicycle | ||||||
16 | and scooter service, in a manner that will reduce VMT; | ||||||
17 | (2) improving pedestrian and bicycle access, | ||||||
18 | particularly in areas that allow individuals to reduce | ||||||
19 | multiple daily trips and better access transit; | ||||||
20 | (3) transportation demand management to reduce VMT per | ||||||
21 | capita, including, but not limited to, vanpool and shared | ||||||
22 | vehicle programs, remote work and other forms of virtual | ||||||
23 | access, and use of pricing and other incentives for | ||||||
24 | employees and other travelers to use less greenhouse gas | ||||||
25 | intensive travel modes; | ||||||
26 | (4) improving first-and-final mile access to transit |
| |||||||
| |||||||
1 | stops and stations to make transit safer and more usable; | ||||||
2 | (5) improving the safety, efficiency, and Americans | ||||||
3 | with Disabilities Act compliance of crosswalks and | ||||||
4 | multiuse paths for pedestrians, bicyclists, and other | ||||||
5 | nonmotorized vehicles; | ||||||
6 | (6) changing parking and land use policies and | ||||||
7 | adjusting urban design requirements to encourage more | ||||||
8 | walking, bicycling, and transit trips per capita and | ||||||
9 | reduce VMT per capita; | ||||||
10 | (7) adoption or expansion of school bus, school | ||||||
11 | carpool, or school active transportation programs; | ||||||
12 | (8) electrifying loading docks to allow transportation | ||||||
13 | refrigeration units and auxiliary power units to be | ||||||
14 | plugged into the electric grid at the loading dock instead | ||||||
15 | of running on fossil fuels; | ||||||
16 | (9) accelerating the adoption of ebikes, neighborhood | ||||||
17 | electric carshare vehicles, and other forms of vehicles | ||||||
18 | that emit less greenhouse gas when manufactured and | ||||||
19 | operated; and | ||||||
20 | (10) other measures established or authorized by the | ||||||
21 | Environmental Protection Agency by rule that reduce GHG | ||||||
22 | emissions. | ||||||
23 | "Greenhouse gas target" or "GHG target" means the maximum | ||||||
24 | amount of greenhouse gas expressed as CO 2 e at each of the | ||||||
25 | various specified times established by subsection (c) that the | ||||||
26 | Department and MPOs must attain through their transportation |
| |||||||
| |||||||
1 | planning and project prioritization and funding processes. | ||||||
2 | "Induced demand" means a concept from economics that as | ||||||
3 | supply increases and incurred costs decline, demand will | ||||||
4 | increase. This phenomenon has been widely observed and studied | ||||||
5 | in transportation systems where highways have been expanded to | ||||||
6 | alleviate road congestion problems, resulting in increases in | ||||||
7 | vehicle miles traveled. | ||||||
8 | "MPO" means a metropolitan planning organization | ||||||
9 | designated by agreement among the units of local government | ||||||
10 | and the Governor, charged with developing transportation plans | ||||||
11 | and programs in a metropolitan planning area under Section 134 | ||||||
12 | of Title 23 of the United States Code. | ||||||
13 | "Mitigation action plan" means the plan for implementation | ||||||
14 | of GHG mitigation measures prepared by the Department or an | ||||||
15 | MPO. | ||||||
16 | "Other entities" means the entities referenced in | ||||||
17 | subsection (s). | ||||||
18 | "Roadway capacity expansion project" means a project that | ||||||
19 | would be included in the Department's State Transportation | ||||||
20 | Improvement Program as an MPO or significant project and that | ||||||
21 | (i) adds physical highway traffic capacity or provides for | ||||||
22 | grade separation at an intersection or (ii) uses intelligent | ||||||
23 | transportation system technology to increase the traffic | ||||||
24 | capacity of an existing highway by 10% or more. "Roadway | ||||||
25 | capacity expansion project" does not include a project whose | ||||||
26 | primary purpose is enhancing public transportation bus |
| |||||||
| |||||||
1 | infrastructure or services. "Roadway capacity expansion | ||||||
2 | project" includes all project types, including those described | ||||||
3 | as maintenance or rehabilitation projects. | ||||||
4 | "Social cost of carbon" means the estimates of the social | ||||||
5 | cost of carbon adopted by the United States Environmental | ||||||
6 | Protection Agency, or such higher figure as adopted by the | ||||||
7 | Environmental Protection Agency, Department, or MPO under | ||||||
8 | subsection (o). | ||||||
9 | "STIP" means a State Transportation Improvement Program. | ||||||
10 | "TIP" means a Transportation Improvement Program. | ||||||
11 | "VMT" means vehicle miles traveled. | ||||||
12 | (c) By January 1, 2026, the Environmental Protection | ||||||
13 | Agency, after consultation with the Department and MPOs, must | ||||||
14 | establish, by rule, a schedule of GHG targets for GHG | ||||||
15 | emissions from the transportation sector in the State that: | ||||||
16 | (1) do not allow GHG emissions in the transportation | ||||||
17 | sector to exceed the greenhouse gas performance targets | ||||||
18 | established by the Environmental Protection Agency for the | ||||||
19 | transportation sector under subsection (p) of Section 9.15 | ||||||
20 | of the Environmental Protection Act; | ||||||
21 | (2) specify GHG targets on a 5-year or more frequent | ||||||
22 | compliance year basis; and | ||||||
23 | (3) allocate GHG targets across the transportation | ||||||
24 | sector of the State, which: | ||||||
25 | (A) must provide for an allocation to each MPO for | ||||||
26 | their metropolitan region; |
| |||||||
| |||||||
1 | (B) must provide for an allocation to the | ||||||
2 | Department for areas outside the boundaries of the | ||||||
3 | State's MPOs; | ||||||
4 | (C) must account for the differences in the | ||||||
5 | feasibility and extent of emissions reductions across | ||||||
6 | forms of land use and across regions of the State; | ||||||
7 | (D) must require that the Department and MPOs | ||||||
8 | factor in the impact of induced demand associated with | ||||||
9 | transportation projects and policies in calculating | ||||||
10 | the GHG emissions generated by their respective | ||||||
11 | transportation systems; | ||||||
12 | (E) must be based on the best available data and | ||||||
13 | modeling tools accessible to the Environmental | ||||||
14 | Protection Agency, such as the SHIFT calculator, after | ||||||
15 | consultation with other State agencies, universities, | ||||||
16 | the federal government, and other appropriate expert | ||||||
17 | sources; | ||||||
18 | (F) must include VMT targets necessary for the | ||||||
19 | Department and MPOs to meet their GHG targets; | ||||||
20 | (G) must set out standards and requirements for | ||||||
21 | acceptable GHG mitigation measures; and | ||||||
22 | (H) may include additional performance targets | ||||||
23 | based on Department district, metropolitan area, | ||||||
24 | geographic region, a per capita calculation, | ||||||
25 | transportation mode, or a combination thereof. | ||||||
26 | (d) When adopting or amending an applicable planning |
| |||||||
| |||||||
1 | document, the Department and an MPO must conduct a GHG | ||||||
2 | emissions analysis that: | ||||||
3 | (1) includes (i) the existing transportation network, | ||||||
4 | (ii) the anticipated changes to that network as a result | ||||||
5 | of the projects contained in the applicable planning | ||||||
6 | document, and (iii) the projects in their STIP or TIP; | ||||||
7 | (2) estimates total CO 2 e emissions in millions of | ||||||
8 | metric tons for each applicable GHG target date | ||||||
9 | established under subsection (c); | ||||||
10 | (3) compares estimated total CO 2 e emissions against | ||||||
11 | the GHG targets applicable to the Department or MPO; | ||||||
12 | (4) compares the social cost of carbon for total | ||||||
13 | estimated CO 2 e emissions against the social cost of carbon | ||||||
14 | associated with each applicable GHG target; | ||||||
15 | (5) certifies whether the Department or MPO is in | ||||||
16 | compliance with its applicable GHG targets; and | ||||||
17 | (6) is published in full on the websites of the | ||||||
18 | Department or MPO. | ||||||
19 | (e) The Department, with assistance from the Environmental | ||||||
20 | Protection Agency, shall: | ||||||
21 | (1) provide technical assistance to MPOs in fulfilling | ||||||
22 | their responsibilities under this Section, including: | ||||||
23 | (A) assembling and sharing greenhouse gas-related | ||||||
24 | resources and transportation sector best practices in | ||||||
25 | managing GHG emissions; | ||||||
26 | (B) hosting peer reviews and exchanges of |
| |||||||
| |||||||
1 | technical data, information, assistance, and related | ||||||
2 | activities; | ||||||
3 | (C) making Department staff resources accessible | ||||||
4 | to answer questions and provide in-depth assistance to | ||||||
5 | MPOs on specific issues; | ||||||
6 | (D) providing information about grants and other | ||||||
7 | funding opportunities; | ||||||
8 | (E) conducting evaluations of GHG emissions | ||||||
9 | analyses against national best practices; | ||||||
10 | (F) connecting MPOs to resources in public | ||||||
11 | agencies, universities, and elsewhere; and | ||||||
12 | (H) conducting other similar and related | ||||||
13 | activities to assist MPOs in fulfilling their | ||||||
14 | responsibilities; | ||||||
15 | (2) encourage use of consistent GHG emissions data, | ||||||
16 | assumptions, and methodology by the Department and MPOs; | ||||||
17 | (3) ensure that its planning processes under Sections | ||||||
18 | 2705-200, 2705-203, and 2705-205 and its guidance to MPOs | ||||||
19 | under this subsection provide that at least the same level | ||||||
20 | of analytical scrutiny is given to greenhouse gas | ||||||
21 | pollutants as is given to other air pollutants of concern | ||||||
22 | in the State, and include consideration of the impact on | ||||||
23 | GHG emissions of induced demand resulting from roadway | ||||||
24 | capacity expansion projects; | ||||||
25 | (4) update its Metropolitan Planning Organization | ||||||
26 | Cooperative Operations Manual, as necessary; |
| |||||||
| |||||||
1 | (5) review the GHG emissions analysis used by each MPO | ||||||
2 | to determine if the GHG emissions analysis is inclusive of | ||||||
3 | the complete, actual, and planned transportation network | ||||||
4 | in the applicable planning document and uses reasonable | ||||||
5 | GHG emissions forecasting data, assumptions, modeling, and | ||||||
6 | methodology: | ||||||
7 | (A) if the Department rejects the GHG emissions | ||||||
8 | analysis used by an MPO, the Department shall detail | ||||||
9 | the deficiencies and give the MPO an opportunity to | ||||||
10 | take corrective action; | ||||||
11 | (B) until the MPO takes appropriate corrective | ||||||
12 | action, the Department shall not approve the MPO's | ||||||
13 | applicable planning document, include the projects in | ||||||
14 | the MPO's applicable planning document in the | ||||||
15 | Department's STIP, or make a finding or otherwise | ||||||
16 | represent to the federal government or other | ||||||
17 | governmental agencies that the MPO is in compliance | ||||||
18 | with its legal obligations; | ||||||
19 | (C) if, after given an opportunity for corrective | ||||||
20 | action, an MPO does not submit an acceptable GHG | ||||||
21 | emissions analysis, the Department may substitute its | ||||||
22 | own GHG emissions analysis for planning and | ||||||
23 | programming purposes until the MPO produces an | ||||||
24 | acceptable GHG emissions analysis; and | ||||||
25 | (D) the Department shall establish an appropriate | ||||||
26 | process, including deadlines for timely completion of |
| |||||||
| |||||||
1 | its review of MPO GHG emissions analyses and for | ||||||
2 | corrective action by MPOs where such is necessary; | ||||||
3 | (6) upon request of an MPO, provide the MPO with a GHG | ||||||
4 | emissions analysis that the MPO can use for purposes of | ||||||
5 | this Section in lieu of the MPO conducting its own GHG | ||||||
6 | emissions analysis; and | ||||||
7 | (7) adopt rules applicable to itself, MPOs, and | ||||||
8 | recipients of Department funding so the State can achieve | ||||||
9 | the transportation sector greenhouse gas emissions | ||||||
10 | reduction goals and targets set forth in subsections (c) | ||||||
11 | and (p) of Section 9.15 of the Environmental Protection | ||||||
12 | Act and administer the various processes and requirements | ||||||
13 | set forth in this Section. | ||||||
14 | (f) The Department and each MPO must use a GHG emissions | ||||||
15 | analysis to determine if their applicable planning document | ||||||
16 | will result in the Department or MPO meeting its GHG targets. | ||||||
17 | If a GHG emissions analysis determines that the Department or | ||||||
18 | MPO is more likely than not to fail to meet one or more of its | ||||||
19 | GHG targets, then the Department or MPO shall identify GHG | ||||||
20 | mitigation measures that are needed for the Department or MPO | ||||||
21 | to meet its GHG targets as follows: | ||||||
22 | (1) The Department or MPO shall submit a mitigation | ||||||
23 | action plan that identifies GHG mitigation measures needed | ||||||
24 | to meet the GHG targets and that includes: | ||||||
25 | (A) the anticipated start and completion date of | ||||||
26 | each GHG mitigation measure; |
| |||||||
| |||||||
1 | (B) an estimate of the annual CO 2 e emissions | ||||||
2 | reductions achieved per year by the GHG mitigation | ||||||
3 | measure; | ||||||
4 | (C) an estimate of the impact of the GHG | ||||||
5 | mitigation measure on VMT; | ||||||
6 | (D) quantification of the specific co-benefits | ||||||
7 | from each GHG mitigation measure, including reduction | ||||||
8 | of copollutants, such as PM2.5 and NO x , as well as | ||||||
9 | travel impacts, such as changes to VMT, pedestrian or | ||||||
10 | bike use, and transit ridership; | ||||||
11 | (E) a description of any benefits to | ||||||
12 | disproportionately impacted communities from the GHG | ||||||
13 | mitigation measure, including an estimate of the total | ||||||
14 | amount spent on GHG mitigation measures in or designed | ||||||
15 | to serve disproportionately impacted communities; and | ||||||
16 | (F) a status report submitted annually and | ||||||
17 | published on its website for each GHG mitigation | ||||||
18 | measure that contains the following information | ||||||
19 | concerning each GHG mitigation measure: | ||||||
20 | (i) availability and timing of funding; | ||||||
21 | (ii) implementation timeline; | ||||||
22 | (iii) current status; | ||||||
23 | (iv) for GHG mitigation measures that are in | ||||||
24 | progress or completed, quantification of the | ||||||
25 | greenhouse gas impact of such GHG mitigation | ||||||
26 | measures and any co-benefits or detriments; and |
| |||||||
| |||||||
1 | (v) for GHG mitigation measures that are | ||||||
2 | delayed, canceled, or substituted, an explanation | ||||||
3 | of why that decision was made and how these GHG | ||||||
4 | mitigation measures or the equivalent will be | ||||||
5 | achieved. | ||||||
6 | (2) GHG mitigation measures are sufficient if the | ||||||
7 | total GHG emissions reduction from the GHG mitigation | ||||||
8 | measures, after accounting for the GHG emissions otherwise | ||||||
9 | resulting from existing and planned projects in the | ||||||
10 | applicable planning document, results in the Department or | ||||||
11 | MPO meeting its GHG targets. Each comparison of GHG | ||||||
12 | emissions reductions and GHG targets under this subsection | ||||||
13 | must be performed over equal comparison periods. | ||||||
14 | (3) In the annual GHG mitigation measures status | ||||||
15 | report under subparagraph (F) of paragraph (1), the | ||||||
16 | Department or MPO shall certify whether its GHG mitigation | ||||||
17 | measures will be sufficient for the Department or MPO to | ||||||
18 | meet its GHG targets. | ||||||
19 | (g) If an applicable planning document does not meet the | ||||||
20 | GHG targets for each compliance year even after consideration | ||||||
21 | of any GHG mitigation measures, the Department may deem the | ||||||
22 | applicable planning document in compliance with this Section | ||||||
23 | and approved only if the noncompliant Department or MPO | ||||||
24 | allocates funding to advance the achievement of the applicable | ||||||
25 | GHG targets as follows: | ||||||
26 | (1) in non-MPO areas, the Department (i) shall not |
| |||||||
| |||||||
1 | advance a roadway capacity expansion project from its | ||||||
2 | applicable planning document to a STIP or TIP, (ii) shall | ||||||
3 | not otherwise add a roadway capacity expansion project to | ||||||
4 | a STIP or TIP, (iii) shall reprogram funds allocated or | ||||||
5 | anticipated to be expended on roadway capacity expansion | ||||||
6 | projects awaiting inclusion in a STIP or TIP project to | ||||||
7 | GHG mitigation measures that reduce GHG emissions | ||||||
8 | sufficiently to achieve the GHG targets for each | ||||||
9 | compliance year, and (iv) shall amend its applicable | ||||||
10 | planning documents to reflect these changes; | ||||||
11 | (2) in MPO areas that are not in receipt of federal | ||||||
12 | suballocations under the Congestion Mitigation and Air | ||||||
13 | Quality Improvement Program or Surface Transportation | ||||||
14 | Board programs, the Department and MPO (i) shall not | ||||||
15 | advance a roadway capacity expansion project from its | ||||||
16 | applicable planning document to a STIP or TIP, (ii) shall | ||||||
17 | not otherwise add a roadway capacity expansion project to | ||||||
18 | a STIP or TIP, (iii) shall reprogram funds allocated or | ||||||
19 | anticipated to be expended on roadway capacity expansion | ||||||
20 | projects awaiting inclusion in a STIP or TIP project to | ||||||
21 | GHG mitigation measures that reduce GHG emissions | ||||||
22 | sufficiently to achieve the GHG targets for each | ||||||
23 | compliance year, and (iv) shall amend its applicable | ||||||
24 | planning documents to reflect these changes; | ||||||
25 | (3) in MPO areas that are in receipt of federal | ||||||
26 | suballocations under the Congestion Mitigation and Air |
| |||||||
| |||||||
1 | Quality Improve Program or Surface Transportation Board | ||||||
2 | programs, the Department and MPO (i) shall not advance a | ||||||
3 | roadway capacity expansion project from its applicable | ||||||
4 | planning document to a STIP or TIP, (ii) shall not | ||||||
5 | otherwise add a roadway capacity expansion project to a | ||||||
6 | STIP or TIP, (iii) shall reprogram funds allocated or | ||||||
7 | anticipated to be expended on roadway capacity expansion | ||||||
8 | projects awaiting inclusion in a STIP or TIP project to | ||||||
9 | GHG mitigation measures that reduce GHG emissions | ||||||
10 | sufficiently to achieve the GHG targets for each | ||||||
11 | compliance year, and (iv) shall amend its applicable | ||||||
12 | planning documents to reflect these changes; and | ||||||
13 | (4) the Department and MPOs shall administer | ||||||
14 | paragraphs (1) through (3) as a limitation on their | ||||||
15 | authority to advance roadway capacity expansion projects | ||||||
16 | or other projects that will materially increase GHG | ||||||
17 | emissions under paragraph (5) of subsection (k) of Section | ||||||
18 | 5303 of Title 49 of the United States Code (49 U.S.C. | ||||||
19 | 5303(k)(5)). | ||||||
20 | (h) Before including a roadway capacity expansion project | ||||||
21 | in an applicable planning document, the Department or MPO must | ||||||
22 | perform a GHG emissions analysis of the roadway capacity | ||||||
23 | expansion project. Following the GHG emissions analysis, the | ||||||
24 | Department or MPO must determine if, after consideration of | ||||||
25 | all relevant factors, including VMT and social cost of carbon | ||||||
26 | increases in the transportation network resulting from induced |
| |||||||
| |||||||
1 | demand, the project conforms with (i) the applicable GHG | ||||||
2 | targets and (ii) VMT targets established under subsection (c). | ||||||
3 | (1) If the Department or MPO determines that the | ||||||
4 | roadway capacity expansion project is not in conformance | ||||||
5 | with items (i) and (ii), the Department or MPO must: | ||||||
6 | (A) alter the scope or design of the roadway | ||||||
7 | capacity expansion project and perform a GHG emissions | ||||||
8 | analysis that shows that the roadway capacity | ||||||
9 | expansion project meets the requirements of items (i) | ||||||
10 | and (ii); | ||||||
11 | (B) incorporate sufficient GHG mitigation measures | ||||||
12 | to bring the Department or MPO into compliance with | ||||||
13 | its GHG targets, however, in order to be effective, | ||||||
14 | such GHG mitigation measures must be implemented no | ||||||
15 | later than contemporaneously with the implementation | ||||||
16 | of the roadway expansion project or, if not | ||||||
17 | implemented contemporaneously, a GHG mitigation | ||||||
18 | measure must provide a valid GHG emissions reduction | ||||||
19 | after the date it is implemented; or | ||||||
20 | (C) halt development of the roadway capacity | ||||||
21 | expansion project and remove the roadway capacity | ||||||
22 | expansion project from all applicable planning | ||||||
23 | documents. | ||||||
24 | (2) The Department and MPOs must establish a process | ||||||
25 | for performing roadway capacity expansion project GHG | ||||||
26 | emissions analysis. A GHG emissions analysis for a roadway |
| |||||||
| |||||||
1 | capacity expansion project must include, but shall not be | ||||||
2 | limited to, estimates resulting from the project for the | ||||||
3 | following: | ||||||
4 | (A) GHG emissions over a period of 20 years or the | ||||||
5 | last GHG target year, whichever is later; | ||||||
6 | (B) a net change in VMT and social cost of carbon | ||||||
7 | for the transportation network after factoring in the | ||||||
8 | effects of induced demand; and | ||||||
9 | (C) consideration of additional VMT in the | ||||||
10 | transportation network from additional capacity | ||||||
11 | resulting from roadway traffic capacity expansion, | ||||||
12 | intelligent transportation systems, or both. | ||||||
13 | (3) The Department or MPO must connect any GHG | ||||||
14 | mitigation measures associated with the roadway capacity | ||||||
15 | expansion project as follows: | ||||||
16 | (A) within or associated with at least one of the | ||||||
17 | communities impacted by the roadway capacity expansion | ||||||
18 | project; | ||||||
19 | (B) if there is not a reasonably feasible location | ||||||
20 | under subparagraph (A), in areas of persistent poverty | ||||||
21 | or historically disadvantaged communities, as measured | ||||||
22 | and defined by federal law, guidance and notices of | ||||||
23 | funding opportunity; | ||||||
24 | (C) if there is not a reasonably feasible location | ||||||
25 | under subparagraphs (A) and (B), in the region of the | ||||||
26 | roadway capacity expansion project; and |
| |||||||
| |||||||
1 | (D) if there is not a reasonably feasible location | ||||||
2 | under subparagraphs (A) through (C), on a statewide | ||||||
3 | basis. | ||||||
4 | (4) The Department or MPO must develop and use a | ||||||
5 | process for community consultation consistent with the | ||||||
6 | requirements of subsection (m) in the development of GHG | ||||||
7 | mitigation measures that the Department or MPO uses to | ||||||
8 | achieve compliance with its GHG targets. | ||||||
9 | (5) The Department or MPO must publish an explanation | ||||||
10 | regarding the feasibility and rationale for each GHG | ||||||
11 | mitigation measure under subparagraphs (B) through (D) of | ||||||
12 | paragraph (3). | ||||||
13 | (6) GHG mitigation measures connected to a roadway | ||||||
14 | expansion project are sufficient if the total greenhouse | ||||||
15 | gas reduction from the GHG mitigation measures is at least | ||||||
16 | equal to the total GHG emissions resulting from the | ||||||
17 | roadway capacity expansion project and consistent with the | ||||||
18 | Department or MPO meeting its GHG targets. | ||||||
19 | (A) Each comparison under this paragraph must be | ||||||
20 | performed over equal comparison periods. | ||||||
21 | (B) To avoid double counting, once a GHG | ||||||
22 | mitigation measure is connected to a roadway capacity | ||||||
23 | expansion project, that GHG mitigation measure shall | ||||||
24 | not be used to offset greenhouse gases associated with | ||||||
25 | other roadway capacity expansion projects or other | ||||||
26 | projects included in an applicable planning document. |
| |||||||
| |||||||
1 | (7) The Department and MPOs must publish information | ||||||
2 | regarding roadway capacity expansion project GHG emissions | ||||||
3 | analyses on their websites. The information must include: | ||||||
4 | (A) an identification of each roadway capacity | ||||||
5 | expansion project; and | ||||||
6 | (B) for each roadway capacity expansion project, a | ||||||
7 | summary that includes an overview of and link to the | ||||||
8 | roadway capacity expansion project GHG emissions | ||||||
9 | analysis, the greenhouse gas impact determination by | ||||||
10 | the Department or MPO, the social cost of carbon added | ||||||
11 | by the roadway capacity expansion project, and project | ||||||
12 | disposition, including a review of any GHG mitigation | ||||||
13 | measures. | ||||||
14 | (i) The Department and MPOs may use a GHG mitigation | ||||||
15 | measure as an offset against GHG emissions only after the date | ||||||
16 | the GHG mitigation measure has been implemented. | ||||||
17 | (j) By January 1, 2028, and every 3 years thereafter, the | ||||||
18 | Department shall prepare a comprehensive, publicly released | ||||||
19 | report on statewide transportation greenhouse gas reduction | ||||||
20 | accomplishments and challenges and make recommendations for | ||||||
21 | any legislative action or State agency rulemaking that would | ||||||
22 | assist the Department and MPOs in meeting their GHG targets. | ||||||
23 | The report, at a minimum, shall include: | ||||||
24 | (1) a description of whether the Department and MPOs | ||||||
25 | are on track to meet their GHG targets and VMT targets; | ||||||
26 | (2) an assessment of State and local laws, |
| |||||||
| |||||||
1 | regulations, rules, and practices and recommendations for | ||||||
2 | modifications that would help ensure that the Department | ||||||
3 | and MPOs meet their GHG targets and VMT targets; | ||||||
4 | (3) a description of the benefits from reductions in | ||||||
5 | GHG emissions and copollutants in the transportation | ||||||
6 | sector, diversification of energy sources used for | ||||||
7 | transportation, and substitution of other motorized and | ||||||
8 | nonmotorized modes of travel for VMT currently being | ||||||
9 | handled by vehicles powered by internal combustion | ||||||
10 | engines, and other economic, environmental, and public | ||||||
11 | health benefits; | ||||||
12 | (4) a description of the compliance costs borne by the | ||||||
13 | Department and MPOs in meeting their GHG targets and VMT | ||||||
14 | targets; | ||||||
15 | (5) a description of the social cost of carbon | ||||||
16 | associated with the transportation systems for which the | ||||||
17 | Department and each MPO is responsible and the social cost | ||||||
18 | of carbon reductions that result from GHG mitigation | ||||||
19 | measures and other steps being taken by the Department and | ||||||
20 | each MPO to reduce GHG emissions; | ||||||
21 | (6) a description of whether measures taken by the | ||||||
22 | Department and MPOs to meet GHG targets are equitable, | ||||||
23 | minimize costs, and maximize the total benefits to the | ||||||
24 | State and its citizens; and | ||||||
25 | (7) a description of whether activities undertaken to | ||||||
26 | meet GHG targets by the Department and MPOs have unduly |
| |||||||
| |||||||
1 | burdened disproportionately impacted communities. | ||||||
2 | (k) Before including any project that has an anticipated | ||||||
3 | cost of $30,000,000 or more (i) in an applicable planning | ||||||
4 | document or (ii) as a GHG mitigation measure, the Department | ||||||
5 | or MPO shall calculate a climate equity accessibility score | ||||||
6 | for the project. The climate equity accessibility score shall | ||||||
7 | be based on a GHG emissions analysis of the project and a | ||||||
8 | measurement of (i) the current levels of access to jobs, | ||||||
9 | hospitals, schools, and food by available modes of | ||||||
10 | transportation and (ii) the current level of affordability of | ||||||
11 | transportation in the project area. The Department and MPO | ||||||
12 | shall then calculate a climate equity accessibility score | ||||||
13 | based on the projected change in GHG emissions, accessibility, | ||||||
14 | and affordability from the proposed project. Projects that | ||||||
15 | result in relatively high reductions of GHG emissions while | ||||||
16 | increasing access to jobs and other destinations and providing | ||||||
17 | more affordable transportation options will receive a higher | ||||||
18 | climate equity accessibility score than projects that fail to | ||||||
19 | deliver such benefits. To advance the goals of this Section | ||||||
20 | and optimize the use of public funds, the Department and MPOs | ||||||
21 | shall give priority to projects with high climate equity | ||||||
22 | accessibility scores, considering which project delivers the | ||||||
23 | most climate equity accessibility score benefit per dollar | ||||||
24 | invested. The Department, with the assistance of the | ||||||
25 | Environmental Protection Agency, shall provide technical | ||||||
26 | assistance to MPOs in fulfilling their responsibilities under |
| |||||||
| |||||||
1 | this subsection. | ||||||
2 | (l) To the full extent allowed by paragraph (4) of | ||||||
3 | subsection (k) of Section 5303 of Title 49 of the United States | ||||||
4 | Code and other applicable laws, and to extend the existing | ||||||
5 | authority under State law vested in the Chicago Metropolitan | ||||||
6 | Agency for Planning to MPOs throughout the State, MPOs, with | ||||||
7 | the full support of the Department, shall conduct housing | ||||||
8 | coordination planning to help the Department and MPOs meet | ||||||
9 | their GHG targets. | ||||||
10 | (1) MPOs shall develop housing coordination plans | ||||||
11 | consistent with subparagraph (C) of paragraph (4) of | ||||||
12 | subsection (k) of Section 5303 of Title 49 of the United | ||||||
13 | States Code (49 U.S.C. 5303(k)(4)(C)) to better integrate | ||||||
14 | housing, transportation, and economic development | ||||||
15 | strategies and to, among other things: | ||||||
16 | (A) better connect housing and employment while | ||||||
17 | mitigating commuting times; | ||||||
18 | (B) align transportation improvements with housing | ||||||
19 | needs, such as housing supply shortages, and proposed | ||||||
20 | housing development; | ||||||
21 | (C) align planning for housing and transportation | ||||||
22 | to address needs in relationship to household incomes | ||||||
23 | within the metropolitan planning area; | ||||||
24 | (D) expand housing and economic development within | ||||||
25 | the catchment areas of existing transportation | ||||||
26 | facilities and public transportation services when |
| |||||||
| |||||||
1 | appropriate, including higher-density development, as | ||||||
2 | locally determined; | ||||||
3 | (E) manage effects of VMT growth in the | ||||||
4 | metropolitan planning area related to housing | ||||||
5 | development and economic development; and | ||||||
6 | (F) increase the share of households with | ||||||
7 | sufficient and affordable access to the transportation | ||||||
8 | networks of the metropolitan planning area. | ||||||
9 | (2) MPOs shall identify the location of existing and | ||||||
10 | planned housing and employment and transportation options | ||||||
11 | that connect housing and employment. | ||||||
12 | (3) MPOs shall include a comparison of State, | ||||||
13 | regional, and local transportation plans in the region to | ||||||
14 | land use management plans, including zoning plans, that | ||||||
15 | may affect road use, public transportation ridership, and | ||||||
16 | housing development. | ||||||
17 | (4) In their housing coordination planning, MPOs shall | ||||||
18 | focus on the effect that land use policies and practices, | ||||||
19 | such as minimum parking requirements and exclusionary | ||||||
20 | zoning requirements, contribute to increases in VMT and | ||||||
21 | GHG emissions and consider how such policies affect | ||||||
22 | housing and transportation affordability. | ||||||
23 | (5) MPOs shall outline recommendations for land use | ||||||
24 | policies and best practices that have the effect of | ||||||
25 | increasing the affordability of housing and transportation | ||||||
26 | and reducing GHG emissions. |
| |||||||
| |||||||
1 | (6) The Department shall assist MPOs in their housing | ||||||
2 | coordination planning and make best efforts to align the | ||||||
3 | Department's planning and project programming with MPO | ||||||
4 | efforts to encourage land use policies and best practices | ||||||
5 | that have the effect of increasing the affordability of | ||||||
6 | housing and transportation, improving accessibility to | ||||||
7 | destinations, and reducing GHG emissions. | ||||||
8 | (7) The Department shall not advance to the STIP a | ||||||
9 | project in a metropolitan planning area that the MPO has | ||||||
10 | determined would conflict with its housing coordination | ||||||
11 | plan prepared under paragraph (1) or would have the effect | ||||||
12 | of decreasing the affordability of transportation or the | ||||||
13 | accessibility of destinations or of increasing GHG | ||||||
14 | emissions. | ||||||
15 | (8) In furtherance of Section 48 of the Regional | ||||||
16 | Planning Act, the Department and MPOs shall adopt | ||||||
17 | performance-based methods for allocating discretionary | ||||||
18 | funds that reward jurisdictions that have adopted land use | ||||||
19 | policies and practices associated with increasing the | ||||||
20 | affordability of housing and transportation, improving | ||||||
21 | accessibility to destinations, and reducing GHG emissions. | ||||||
22 | (A) The Department and MPOs may build on the | ||||||
23 | climate equity accessibility scoring tool developed | ||||||
24 | under subsection (k) or develop a separate tool for | ||||||
25 | identifying jurisdictions that have adopted land use | ||||||
26 | policies and practices associated with increasing the |
| |||||||
| |||||||
1 | affordability of housing and transportation, improving | ||||||
2 | accessibility to destinations, and reducing GHG | ||||||
3 | emissions. | ||||||
4 | (B) The Department and MPOs shall publicly | ||||||
5 | describe the methodology they use in allocating | ||||||
6 | discretionary funding under this paragraph. | ||||||
7 | (C) When allocating discretionary funding, the | ||||||
8 | Department and MPOs shall give at least equal weight | ||||||
9 | to land use policies and practices that facilitate | ||||||
10 | reductions in GHG emissions that they give to existing | ||||||
11 | factors, such as congestion relief, safety, and | ||||||
12 | traffic operations. | ||||||
13 | (D) The Department and MPOs shall consider land | ||||||
14 | use policies and practices as provided in this | ||||||
15 | subsection when allocating discretionary funding from | ||||||
16 | every source. | ||||||
17 | (9) When evaluating all projects for possible | ||||||
18 | inclusion in applicable planning documents or in a STIP or | ||||||
19 | TIP, the Department and MPOs shall adopt performance-based | ||||||
20 | project selection methods that give priority to projects | ||||||
21 | located in jurisdictions that have adopted land use | ||||||
22 | policies and practices associated with increasing the | ||||||
23 | affordability of housing and transportation, improving | ||||||
24 | accessibility to destinations, and reducing GHG emissions. | ||||||
25 | (10) This subsection shall not diminish or restrict | ||||||
26 | the existing authority of jurisdictions over their land |
| |||||||
| |||||||
1 | use policies and practices. | ||||||
2 | (m) The Department and MPOs shall provide early and | ||||||
3 | continuous opportunities for public participation in the | ||||||
4 | transportation planning process. The process shall be | ||||||
5 | proactive and provide timely information, adequate public | ||||||
6 | notice, reasonable public access, and opportunities for public | ||||||
7 | review and comment at key decision points in the process. The | ||||||
8 | objectives of public participation in the transportation | ||||||
9 | planning process include providing a mechanism for public | ||||||
10 | perspectives, needs, and ideas to be considered in the | ||||||
11 | planning process; developing the public's understanding of the | ||||||
12 | problems and opportunities facing the transportation system; | ||||||
13 | demonstrating explicit consideration and response to public | ||||||
14 | input through a variety of tools and techniques; and | ||||||
15 | developing a consensus on plans. The Department shall develop | ||||||
16 | a documented public participation process under 23 CFR 450. | ||||||
17 | (1) Under 23 CFR 450, Subpart B, the Department is | ||||||
18 | responsible, in cooperation with the MPOs, for carrying | ||||||
19 | out public participation for developing, amending, and | ||||||
20 | updating the Long-Range State Transportation Plan, the | ||||||
21 | STIP, and other statewide transportation planning | ||||||
22 | activities. | ||||||
23 | (2) Under 23 CFR 450, Subpart C, the MPOs, in | ||||||
24 | cooperation with the Department, are responsible for | ||||||
25 | carrying out public participation for the development of | ||||||
26 | Regional Transportation Plans, TIPs, and other regional |
| |||||||
| |||||||
1 | transportation planning activities for their respective | ||||||
2 | metropolitan planning areas. | ||||||
3 | (3) Public participation activities at both the MPO | ||||||
4 | and Department levels shall include, at a minimum: | ||||||
5 | (A) establishing and maintaining for the | ||||||
6 | geographic area of responsibility a list of all known | ||||||
7 | parties interested in transportation planning, | ||||||
8 | including, but not limited to: elected officials; | ||||||
9 | municipal and county planning staffs; affected public | ||||||
10 | agencies; local, State, and federal agencies eligible | ||||||
11 | for federal and State transportation funds; local | ||||||
12 | representatives of public transportation agency | ||||||
13 | employees and users; freight shippers and providers of | ||||||
14 | freight transportation services; public and private | ||||||
15 | transportation providers; representatives of users of | ||||||
16 | transit, bicycling, pedestrian, aviation, and train | ||||||
17 | facilities; private industry; environmental and other | ||||||
18 | interest groups; representatives of persons or groups | ||||||
19 | that may be underserved by existing transportation | ||||||
20 | systems, such as minority persons, low-income seniors, | ||||||
21 | persons with disabilities, and persons with limited | ||||||
22 | English proficiency; and members of the general public | ||||||
23 | expressing interest in the transportation planning | ||||||
24 | process; | ||||||
25 | (B) providing reasonable notice, which for notice | ||||||
26 | to a disproportionately impacted community requires |
| |||||||
| |||||||
1 | the notice to be translated into the primary language | ||||||
2 | spoken in the disproportionately impacted community, | ||||||
3 | and opportunity to comment through mailing lists and | ||||||
4 | other communication methods on upcoming transportation | ||||||
5 | planning-related activities and meetings; | ||||||
6 | (C) using reasonably available Internet or | ||||||
7 | traditional media opportunities, including minority | ||||||
8 | media and diverse media, to provide timely notices of | ||||||
9 | planning-related activities and meetings to members of | ||||||
10 | the public, including limited English proficiency | ||||||
11 | individuals and others who may require reasonable | ||||||
12 | accommodations. Methods that shall be used to the | ||||||
13 | maximum extent practicable for public participation | ||||||
14 | may include, but shall not be limited to, use of the | ||||||
15 | Internet, social media, news media, such as | ||||||
16 | newspapers, radio, or television, mailings to | ||||||
17 | disproportionately impacted communities by existing | ||||||
18 | transportation systems, including, but not limited to, | ||||||
19 | seniors and persons with disabilities, and notices, | ||||||
20 | including electronic mail and online newsletters; | ||||||
21 | (D) seeking out persons and groups, including | ||||||
22 | minority groups and those with disabilities, | ||||||
23 | low-income, and limited English proficiency, for the | ||||||
24 | purposes of exchanging information, increasing their | ||||||
25 | involvement, and considering their transportation | ||||||
26 | needs in the transportation planning process; |
| |||||||
| |||||||
1 | (E) consulting, as appropriate, with federal, | ||||||
2 | State, local, and tribal agencies responsible for land | ||||||
3 | use management, natural resources, environmental | ||||||
4 | protection, conservation, cultural resources, and | ||||||
5 | historic preservation concerning the development of | ||||||
6 | long-range transportation plans; | ||||||
7 | (F) providing reasonable public access to, and | ||||||
8 | appropriate opportunities for public review and | ||||||
9 | comment on, criteria, standards, and other | ||||||
10 | planning-related information. Reasonable public access | ||||||
11 | includes, but is not limited to, limited English | ||||||
12 | proficiency services and access to ADA-compliant | ||||||
13 | facilities, as well as to the Internet; | ||||||
14 | (G) where feasible, scheduling the development of | ||||||
15 | regional and statewide plans so that the release of | ||||||
16 | the draft plans may be coordinated to provide for the | ||||||
17 | opportunity for joint public outreach; | ||||||
18 | (H) responses, in writing, from the Department and | ||||||
19 | MPOs to all significant issues raised during the | ||||||
20 | review and comment period on transportation plans, | ||||||
21 | making the responses available to the public; and | ||||||
22 | (I) collaborating periodically with all interested | ||||||
23 | parties and the Department and MPOs to review the | ||||||
24 | effectiveness of the Department's and MPOs' public | ||||||
25 | involvement practices to ensure that they provide full | ||||||
26 | and open access to all members of the public. When |
| |||||||
| |||||||
1 | necessary, the Department or MPO shall revise their | ||||||
2 | public participation practices in the transportation | ||||||
3 | planning process and allow time for public review and | ||||||
4 | comment per 23 CFR 450. | ||||||
5 | (n) Beginning on January 1, 2025, each applicable planning | ||||||
6 | document from the Department or MPO must include a | ||||||
7 | consolidated and comprehensive list of all project types to be | ||||||
8 | funded using any federal, State, or local funding source, | ||||||
9 | including bicycle, pedestrian, bus, rail, and roadway | ||||||
10 | projects, and shall include a summary of planned expenditures | ||||||
11 | by project type. | ||||||
12 | (o) Beginning September 30, 2025, the Department and MPOs | ||||||
13 | shall establish a social cost of carbon and use the social cost | ||||||
14 | of carbon in their applicable planning documents and other | ||||||
15 | planning activities. | ||||||
16 | (1) The social cost of carbon shall serve as a | ||||||
17 | monetary estimate of the value of not emitting a ton of GHG | ||||||
18 | emissions. | ||||||
19 | (2) In developing the social cost of carbon applicable | ||||||
20 | to the projects and programs in their applicable planning | ||||||
21 | documents and for other planning and project programming | ||||||
22 | activities, the Department and MPOs shall consider the | ||||||
23 | social cost of carbon established by the Environmental | ||||||
24 | Protection Agency under subsection (q) of Section 9.15 of | ||||||
25 | the Environmental Protection Act and may consider prior or | ||||||
26 | existing estimates of the social cost of carbon issued or |
| |||||||
| |||||||
1 | adopted by the federal government, appropriate | ||||||
2 | international bodies, or other appropriate and reputable | ||||||
3 | scientific organizations. | ||||||
4 | (3) The Department may adopt the social cost of carbon | ||||||
5 | established by the Environmental Protection Agency under | ||||||
6 | subsection (q) of Section 9.15 of the Environmental | ||||||
7 | Protection Act or establish its own social cost of carbon | ||||||
8 | through the process set forth in paragraphs (1) and (2), | ||||||
9 | but the Department shall not adopt a social cost of carbon | ||||||
10 | that is lower than that established by the Environmental | ||||||
11 | Protection Agency. | ||||||
12 | (4) MPOs may adopt the social cost of carbon | ||||||
13 | established by the Environmental Protection Agency under | ||||||
14 | subsection (q) of Section 9.15 of the Environmental | ||||||
15 | Protection Act or by the Department under paragraph (3) or | ||||||
16 | establish their own social cost of carbon through the | ||||||
17 | process set forth in paragraphs (1) and (2), but an MPO | ||||||
18 | shall not adopt a social cost of carbon that is lower than | ||||||
19 | that established by the Environmental Protection Agency or | ||||||
20 | the Department. | ||||||
21 | (5) The Department shall incorporate the social cost | ||||||
22 | of carbon into its assessment of projects for possible | ||||||
23 | inclusion in its applicable planning document or for | ||||||
24 | inclusion in a STIP or TIP, giving priority to projects | ||||||
25 | that have a relatively low social cost of carbon: | ||||||
26 | (A) The Department shall not include any project |
| |||||||
| |||||||
1 | over $30,000,000 in an applicable planning document or | ||||||
2 | a STIP or TIP unless it has calculated the social cost | ||||||
3 | of carbon resulting from the project over the useful | ||||||
4 | life of the project. | ||||||
5 | (B) Such calculations shall result in an estimate | ||||||
6 | of the social cost of carbon under a no-build scenario | ||||||
7 | and an estimate of the social cost of carbon if the | ||||||
8 | project is built, factoring in the effects of induced | ||||||
9 | demand and other appropriate factors. | ||||||
10 | (C) The estimate of the social cost of carbon must | ||||||
11 | include total additional GHG emissions attributable to | ||||||
12 | the proposed project and shall not be limited to GHG | ||||||
13 | emissions from within the physical boundaries of the | ||||||
14 | project. | ||||||
15 | (D) The Department shall publish in applicable | ||||||
16 | planning documents and STIPs the no-build and build | ||||||
17 | estimates of the social cost of carbon for each | ||||||
18 | project for which an estimate of the social cost of | ||||||
19 | carbon has been prepared. | ||||||
20 | (E) For purposes of its planning processes under | ||||||
21 | Sections 2705-200, 2705-203, and 2705-205, and after | ||||||
22 | factoring in the effects of induced demand on VMT | ||||||
23 | attributable to a proposed project, the Department | ||||||
24 | shall offset the social cost of carbon and the social | ||||||
25 | cost of crashes attributable to a project against its | ||||||
26 | projections of the value of the time savings from any |
| |||||||
| |||||||
1 | reduction in congestion attributable to the project | ||||||
2 | and shall publish its calculations and results. | ||||||
3 | (F) The Department may rely upon estimates of the | ||||||
4 | social cost of carbon prepared by MPOs for projects | ||||||
5 | included in a STIP that are located inside the MPO's | ||||||
6 | boundaries only if the Department finds that those | ||||||
7 | estimates of the social cost of carbon are based on | ||||||
8 | reasonable assumptions and methodology. | ||||||
9 | (6) Each MPO shall incorporate the social cost of | ||||||
10 | carbon into its assessment of projects for possible | ||||||
11 | inclusion in its applicable planning document or for | ||||||
12 | inclusion in a TIP, giving priority to projects that have | ||||||
13 | a relatively low social cost of carbon: | ||||||
14 | (A) An MPO shall not include any project over | ||||||
15 | $30,000,000 in a TIP unless it has calculated the | ||||||
16 | social cost of carbon resulting from the project over | ||||||
17 | the useful life of the project. | ||||||
18 | (B) Such calculations shall result in an estimate | ||||||
19 | of the social cost of carbon under a no-build scenario | ||||||
20 | and an estimate of the social cost of carbon if the | ||||||
21 | project is built, factoring in the effects of induced | ||||||
22 | demand and other appropriate factors. | ||||||
23 | (C) The estimate of the social cost of carbon must | ||||||
24 | include total additional GHG emissions attributable to | ||||||
25 | the proposed project and shall not be limited to GHG | ||||||
26 | emissions from within the physical boundaries of the |
| |||||||
| |||||||
1 | project. | ||||||
2 | (D) Each MPO shall publish in its applicable | ||||||
3 | planning documents and TIPs the no-build and build | ||||||
4 | estimates of the social cost of carbon for each | ||||||
5 | project for which an estimate of the social cost of | ||||||
6 | carbon has been prepared. | ||||||
7 | (E) For purposes of its planning processes, and | ||||||
8 | after factoring in the effects of induced demand on | ||||||
9 | VMT attributable to a proposed project, an MPO shall | ||||||
10 | offset the social cost of carbon and the social cost of | ||||||
11 | crashes attributable to a project from its projection | ||||||
12 | of the value of the time savings from any reduction in | ||||||
13 | congestion attributable to the project and shall | ||||||
14 | publish its calculations and results. | ||||||
15 | (F) An MPO may rely upon the estimate of the social | ||||||
16 | cost of carbon prepared by the Department for projects | ||||||
17 | included in a TIP only if the MPO finds that the | ||||||
18 | Department's estimates of the social cost of carbon | ||||||
19 | are based on reasonable assumptions and methodologies. | ||||||
20 | (p) By no later than January 1, 2025, the Department shall | ||||||
21 | convene a Greenhouse Gas in Transportation Working Group. | ||||||
22 | (1) The Working Group shall assist the Department and | ||||||
23 | MPOs with: | ||||||
24 | (A) planning and implementing the requirements of | ||||||
25 | this Section; | ||||||
26 | (B) identifying opportunities to reduce GHG |
| |||||||
| |||||||
1 | emissions in the transportation sector; | ||||||
2 | (C) identifying promising GHG mitigation measures; | ||||||
3 | (D) preparing the Department's triennial report on | ||||||
4 | statewide transportation sector greenhouse gas | ||||||
5 | reduction accomplishments and challenges and make | ||||||
6 | recommendations for any legislative or regulatory | ||||||
7 | action that would assist the Department and MPOs in | ||||||
8 | meeting their GHG targets; and | ||||||
9 | (E) connecting the Department and MPOs with local, | ||||||
10 | regional, and national experts and best practices | ||||||
11 | relating to planning and programming transportation | ||||||
12 | projects to, among other things, reduce GHG emissions | ||||||
13 | from the transportation sector. | ||||||
14 | (2) The membership of the Working Group shall include | ||||||
15 | the following: | ||||||
16 | (A) the Secretary of Transportation or the | ||||||
17 | Secretary's designee; | ||||||
18 | (B) the Director of the Environmental Protection | ||||||
19 | Agency or the Director's designee; | ||||||
20 | (C) the Chair of the Chicago Metropolitan Agency | ||||||
21 | for Planning or the Chair's designee; | ||||||
22 | (D) the chair of another MPO or the chair's | ||||||
23 | designee, appointed by the Governor; | ||||||
24 | (E) a university representative with expertise in | ||||||
25 | GHG emissions in the transportation sector, appointed | ||||||
26 | by the Governor; |
| |||||||
| |||||||
1 | (F) a representative from an environmental justice | ||||||
2 | organization, appointed by the Governor; | ||||||
3 | (G) a representative from an active transportation | ||||||
4 | organization, appointed by the Governor; | ||||||
5 | (H) a representative from a transportation | ||||||
6 | planning organization, appointed by the Governor; | ||||||
7 | (I) a representative from a land use planning | ||||||
8 | organization, appointed by the Governor; | ||||||
9 | (J) a representative from the freight industry, | ||||||
10 | appointed by the Governor; | ||||||
11 | (K) a representative from a public transportation | ||||||
12 | agency, appointed by the Governor; | ||||||
13 | (L) a representative from a labor organization, | ||||||
14 | appointed by the Governor; | ||||||
15 | (M) a representative from a road building | ||||||
16 | contractor, appointed by the Governor; | ||||||
17 | (N) a representative from a chamber of commerce, | ||||||
18 | appointed by the Governor; | ||||||
19 | (P) a representative from the engineering sector, | ||||||
20 | appointed by the Governor; and | ||||||
21 | (Q) such other representatives, appointed by the | ||||||
22 | Governor, that will ensure that the Working Group will | ||||||
23 | provide the Department and MPOs with a sufficient | ||||||
24 | range and depth of expertise in GHG emissions | ||||||
25 | reduction in the transportation sector to assist the | ||||||
26 | Department and MPOs in carrying out their |
| |||||||
| |||||||
1 | responsibilities under this Section. | ||||||
2 | (3) The members of the Working Group must select a | ||||||
3 | Chair from its membership. | ||||||
4 | (4) Members of the Working Group shall serve without | ||||||
5 | compensation other than reimbursement for travel and other | ||||||
6 | expenses incurred in the performance of their duties. | ||||||
7 | (5) The Department shall provide sufficient staff | ||||||
8 | support and other resources for the Working Group to | ||||||
9 | perform its duties effectively, including a website | ||||||
10 | accessible to the public that contains an up-to-date | ||||||
11 | record of the activities, research, reports, | ||||||
12 | recommendations, and other materials assembled by the | ||||||
13 | Working Group. | ||||||
14 | (6) The Working Group shall first meet within 90 days | ||||||
15 | of the effective date of this amendatory Act of the 103rd | ||||||
16 | General Assembly. The Working Group shall hold public | ||||||
17 | meetings no less than quarterly, shall actively seek | ||||||
18 | public input, shall publish annual reports, and by June | ||||||
19 | 30, 2027, shall publish a report with recommendations for | ||||||
20 | how the Department and MPOs can most effectively reduce | ||||||
21 | GHG emissions from the transportation sector. | ||||||
22 | (7) The Department shall consider and incorporate | ||||||
23 | recommendations from the Working Group in its triennial | ||||||
24 | reports under subsection (j), and both the Department and | ||||||
25 | MPOs shall consider and incorporate such recommendations | ||||||
26 | in their preparation of their applicable planning |
| |||||||
| |||||||
1 | documents. | ||||||
2 | (8) The Working Group shall operate through January | ||||||
3 | 30, 2028, or 30 days after the Department's filing of its | ||||||
4 | first triennial report, whichever is later. The Working | ||||||
5 | Group shall continue in operation after that date to | ||||||
6 | further assist the Department and MPOs in fulfilling their | ||||||
7 | responsibilities under this Section unless abolished by | ||||||
8 | the Governor after receipt of abolition recommendations | ||||||
9 | from both the Environmental Protection Agency and the | ||||||
10 | Department. | ||||||
11 | (q) Except as otherwise provided, the requirements of this | ||||||
12 | Section shall commence with projects included in applicable | ||||||
13 | planning documents filed on or after January 1, 2027. | ||||||
14 | (r) The requirements of this Section are in addition to | ||||||
15 | and shall, to the extent practicable, be executed concurrently | ||||||
16 | with other requirements for transportation planning, project | ||||||
17 | prioritization, public outreach, project implementation, or | ||||||
18 | transparency and accountability established by law, rule, or | ||||||
19 | policy. | ||||||
20 | (s) The requirements of this Section shall extend to the | ||||||
21 | Illinois State Toll Highway Authority and any other builder or | ||||||
22 | operator of a public highway under a public-private | ||||||
23 | partnership agreement or other means authorized by State law. | ||||||
24 | (1) The requirements of this Section that apply to the | ||||||
25 | other entities include, but are not limited to, the | ||||||
26 | following: |
| |||||||
| |||||||
1 | (A) the Environmental Protection Agency shall | ||||||
2 | assign GHG targets to other entities under subsection | ||||||
3 | (c); | ||||||
4 | (B) other entities shall conduct GHG emissions | ||||||
5 | analysis and be subject to the other requirements set | ||||||
6 | forth in subsections (d), (e), (f), (g), and (h) with | ||||||
7 | respect to their applicable planning documents; | ||||||
8 | (C) other entities shall conduct climate equity | ||||||
9 | accessibility scoring as set forth in subsection (k); | ||||||
10 | (D) other entities shall follow the public | ||||||
11 | participation requirements set forth in subsection | ||||||
12 | (j); and | ||||||
13 | (E) other entities shall use the social cost of | ||||||
14 | carbon in their planning and project programming | ||||||
15 | processes as set forth in subsection (o). | ||||||
16 | (2) Other entities may request assistance in complying | ||||||
17 | with the requirements of this Section from the Department | ||||||
18 | under subsection (e) and from the Greenhouse Gas in | ||||||
19 | Transportation Working Group under subsection (p). | ||||||
20 | (3) With respect to other entities, "applicable | ||||||
21 | planning document" means the other entity's capital plan | ||||||
22 | or other document in which the other entity identifies | ||||||
23 | projects that it anticipates advancing for construction. | ||||||
24 | (4) The Department may adopt rules necessary to extend | ||||||
25 | the requirements of this Section to the other entities. |
| |||||||
| |||||||
1 | (20 ILCS 2705/2705-300) (was 20 ILCS 2705/49.18) | ||||||
2 | Sec. 2705-300. Powers concerning mass transportation. The | ||||||
3 | Department has the power to do the following: | ||||||
4 | (1) Advise and assist the Governor and the General | ||||||
5 | Assembly in formulating (i) a mass transportation policy | ||||||
6 | for the State, (ii) proposals designed to help meet and | ||||||
7 | resolve special problems of mass transportation within the | ||||||
8 | State, and (iii) programs of assistance for the | ||||||
9 | comprehensive planning, development, and administration of | ||||||
10 | mass transportation facilities and services. | ||||||
11 | (2) Appear and participate in proceedings before any | ||||||
12 | federal, State, or local regulatory agency involving or | ||||||
13 | affecting mass transportation in the State. | ||||||
14 | (3) Study mass transportation problems and provide | ||||||
15 | technical assistance to units of local government. | ||||||
16 | (4) Encourage experimentation in developing new mass | ||||||
17 | transportation facilities and services. | ||||||
18 | (5) Recommend policies, programs, and actions designed | ||||||
19 | to improve utilization of mass transportation services. | ||||||
20 | (6) Cooperate with mass transit districts and systems, | ||||||
21 | local governments, and other State agencies in meeting | ||||||
22 | those problems of air, noise, and water pollution | ||||||
23 | associated with transportation. | ||||||
24 | (7) Participate fully in a statewide effort to improve | ||||||
25 | transport safety, including, as the designated State | ||||||
26 | agency responsible for overseeing the safety and security |
| |||||||
| |||||||
1 | of rail fixed guideway public transportation systems in | ||||||
2 | compliance with 49 U.S.C. 5329 and 49 U.S.C. 5330: | ||||||
3 | (A) developing, adopting, and implementing a | ||||||
4 | system safety program standard and procedures meeting | ||||||
5 | the compliance requirements of 49 U.S.C. 5329 and 49 | ||||||
6 | U.S.C. 5330, as now or hereafter amended, for the | ||||||
7 | safety and security of rail fixed guideway public | ||||||
8 | transportation systems within the State; and | ||||||
9 | (B) establishing procedures in accordance with 49 | ||||||
10 | U.S.C. 5329 and 49 U.S.C. 5330 to review, approve, | ||||||
11 | oversee, investigate, audit, and enforce all other | ||||||
12 | necessary and incidental functions related to the | ||||||
13 | effectuation of 49 U.S.C. 5329 and 49 U.S.C. 5330, or | ||||||
14 | other federal law, pertaining to public transportation | ||||||
15 | oversight. The Department may contract for the | ||||||
16 | services of a qualified consultant to comply with this | ||||||
17 | subsection. | ||||||
18 | The security portion of the system safety program, | ||||||
19 | investigation reports, surveys, schedules, lists, or data | ||||||
20 | compiled, collected, or prepared by or for the Department | ||||||
21 | under this subsection shall not be subject to discovery or | ||||||
22 | admitted into evidence in federal or State court or | ||||||
23 | considered for other purposes in any civil action for | ||||||
24 | damages arising from any matter mentioned or addressed in | ||||||
25 | such reports, surveys, schedules, lists, data, or | ||||||
26 | information. Except for willful or wanton conduct, neither |
| |||||||
| |||||||
1 | the Department nor its employees, nor the Metropolitan | ||||||
2 | Mobility Regional Transportation Authority, nor the St. | ||||||
3 | Clair County Transit District, nor any mass transit | ||||||
4 | district nor service board subject to this Section, nor | ||||||
5 | their respective directors, officers, or employees, shall | ||||||
6 | be held liable in any civil action for any injury to or | ||||||
7 | death of any person or loss of or damage to property for | ||||||
8 | any act, omission, or failure to act under this Section or | ||||||
9 | 49 U.S.C. 5329 or 49 U.S.C. 5330 as now or hereafter | ||||||
10 | amended. | ||||||
11 | (8) Conduct by contract or otherwise technical | ||||||
12 | studies, and demonstration and development projects which | ||||||
13 | shall be designed to test and develop methods for | ||||||
14 | increasing public use of mass transportation and for | ||||||
15 | providing mass transportation in an efficient, | ||||||
16 | coordinated, and convenient manner. | ||||||
17 | (9) Make applications for, receive, and make use of | ||||||
18 | grants for mass transportation. | ||||||
19 | (10) Make grants for mass transportation from the | ||||||
20 | Transportation Fund pursuant to the standards and | ||||||
21 | procedures of Sections 2705-305 and 2705-310. | ||||||
22 | Nothing in this Section alleviates an individual's duty to | ||||||
23 | comply with the State Officials and Employees Ethics Act. | ||||||
24 | (Source: P.A. 102-559, eff. 8-20-21.) | ||||||
25 | (20 ILCS 2705/2705-305) |
| |||||||
| |||||||
1 | Sec. 2705-305. Grants for mass transportation. | ||||||
2 | (a) For the purpose of mass transportation grants and | ||||||
3 | contracts, the following definitions apply: | ||||||
4 | "Carrier" means any corporation, authority, partnership, | ||||||
5 | association, person, or district authorized to provide mass | ||||||
6 | transportation within the State. | ||||||
7 | "District" means all of the following: | ||||||
8 | (i) Any district created pursuant to the Local Mass | ||||||
9 | Transit District Act. | ||||||
10 | (ii) (Blank). The Authority created pursuant to the | ||||||
11 | Metropolitan Transit Authority Act. | ||||||
12 | (iii) Any authority, commission, or other entity that | ||||||
13 | by virtue of an interstate compact approved by Congress is | ||||||
14 | authorized to provide mass transportation. | ||||||
15 | (iv) The Authority created pursuant to the | ||||||
16 | Metropolitan Mobility Regional Transportation Authority | ||||||
17 | Act. | ||||||
18 | "Facilities" comprise all real and personal property used | ||||||
19 | in or appurtenant to a mass transportation system, including | ||||||
20 | parking lots. | ||||||
21 | "Mass transportation" means transportation provided within | ||||||
22 | the State of Illinois by rail, bus, or other conveyance and | ||||||
23 | available to the general public on a regular and continuing | ||||||
24 | basis, including the transportation of persons with | ||||||
25 | disabilities or elderly persons as provided more specifically | ||||||
26 | in Section 2705-310. |
| |||||||
| |||||||
1 | "Unit of local government" means any city, village, | ||||||
2 | incorporated town, or county. | ||||||
3 | (b) Grants may be made to units of local government, | ||||||
4 | districts, and carriers for the acquisition, construction, | ||||||
5 | extension, reconstruction, and improvement of mass | ||||||
6 | transportation facilities. Grants shall be made upon the terms | ||||||
7 | and conditions that in the judgment of the Secretary are | ||||||
8 | necessary to ensure their proper and effective utilization. | ||||||
9 | (c) The Department shall make grants under this Law in a | ||||||
10 | manner designed, so far as is consistent with the maintenance | ||||||
11 | and development of a sound mass transportation system within | ||||||
12 | the State, to: (i) maximize federal funds for the assistance | ||||||
13 | of mass transportation in Illinois under the Federal Transit | ||||||
14 | Act and other federal Acts; (ii) facilitate the movement of | ||||||
15 | persons who because of age, economic circumstance, or physical | ||||||
16 | infirmity are unable to drive; (iii) contribute to an improved | ||||||
17 | environment through the reduction of air, water, and noise | ||||||
18 | pollution; and (iv) reduce traffic congestion. | ||||||
19 | (d) The Secretary shall establish procedures for making | ||||||
20 | application for mass transportation grants. The procedures | ||||||
21 | shall provide for public notice of all applications and give | ||||||
22 | reasonable opportunity for the submission of comments and | ||||||
23 | objections by interested parties. The procedures shall be | ||||||
24 | designed with a view to facilitating simultaneous application | ||||||
25 | for a grant to the Department and to the federal government. | ||||||
26 | (e) Grants may be made for mass transportation projects as |
| |||||||
| |||||||
1 | follows: | ||||||
2 | (1) In an amount not to exceed 100% of the nonfederal | ||||||
3 | share of projects for which a federal grant is made. | ||||||
4 | (2) In an amount not to exceed 100% of the net project | ||||||
5 | cost for projects for which a federal grant is not made. | ||||||
6 | (3) In an amount not to exceed five-sixths of the net | ||||||
7 | project cost for projects essential for the maintenance of | ||||||
8 | a sound transportation system and eligible for federal | ||||||
9 | assistance for which a federal grant application has been | ||||||
10 | made but a federal grant has been delayed. If and when a | ||||||
11 | federal grant is made, the amount in excess of the | ||||||
12 | nonfederal share shall be promptly returned to the | ||||||
13 | Department. | ||||||
14 | In no event shall the Department make a grant that, | ||||||
15 | together with any federal funds or funds from any other | ||||||
16 | source, is in excess of 100% of the net project cost. | ||||||
17 | (f) Regardless of whether any funds are available under a | ||||||
18 | federal grant, the Department shall not make a mass | ||||||
19 | transportation grant unless the Secretary finds that the | ||||||
20 | recipient has entered into an agreement with the Department in | ||||||
21 | which the recipient agrees not to engage in school bus | ||||||
22 | operations exclusively for the transportation of students and | ||||||
23 | school personnel in competition with private school bus | ||||||
24 | operators where those private school bus operators are able to | ||||||
25 | provide adequate transportation, at reasonable rates, in | ||||||
26 | conformance with applicable safety standards, provided that |
| |||||||
| |||||||
1 | this requirement shall not apply to a recipient that operates | ||||||
2 | a school system in the area to be served and operates a | ||||||
3 | separate and exclusive school bus program for the school | ||||||
4 | system. | ||||||
5 | (g) Grants may be made for mass transportation purposes | ||||||
6 | with funds appropriated from the Build Illinois Bond Fund | ||||||
7 | consistent with the specific purposes for which those funds | ||||||
8 | are appropriated by the General Assembly. Grants under this | ||||||
9 | subsection (g) are not subject to any limitations or | ||||||
10 | conditions imposed upon grants by any other provision of this | ||||||
11 | Section, except that the Secretary may impose the terms and | ||||||
12 | conditions that in his or her judgment are necessary to ensure | ||||||
13 | the proper and effective utilization of the grants under this | ||||||
14 | subsection. | ||||||
15 | (h) The Department may let contracts for mass | ||||||
16 | transportation purposes and facilities for the purpose of | ||||||
17 | reducing urban congestion funded in whole or in part with | ||||||
18 | bonds described in subdivision (b)(1) of Section 4 of the | ||||||
19 | General Obligation Bond Act, not to exceed $75,000,000 in | ||||||
20 | bonds. | ||||||
21 | (i) The Department may make grants to carriers, districts, | ||||||
22 | and units of local government for the purpose of reimbursing | ||||||
23 | them for providing reduced fares for mass transportation | ||||||
24 | services for students, persons with disabilities, and the | ||||||
25 | elderly. Grants shall be made upon the terms and conditions | ||||||
26 | that in the judgment of the Secretary are necessary to ensure |
| |||||||
| |||||||
1 | their proper and effective utilization. | ||||||
2 | (j) The Department may make grants to carriers, districts, | ||||||
3 | and units of local government for costs of providing ADA | ||||||
4 | paratransit service. | ||||||
5 | (Source: P.A. 99-143, eff. 7-27-15.) | ||||||
6 | (20 ILCS 2705/2705-310) | ||||||
7 | Sec. 2705-310. Grants for transportation for persons with | ||||||
8 | disabilities. | ||||||
9 | (a) For the purposes of this Section, the following | ||||||
10 | definitions apply: | ||||||
11 | "Carrier" means a district or a not for profit | ||||||
12 | corporation providing mass transportation for persons with | ||||||
13 | disabilities on a regular and continuing basis. | ||||||
14 | "Person with a disability" means any individual who, by | ||||||
15 | reason of illness, injury, age, congenital malfunction, or | ||||||
16 | other permanent or temporary incapacity or disability, is | ||||||
17 | unable without special mass transportation facilities or | ||||||
18 | special planning or design to utilize ordinary mass | ||||||
19 | transportation facilities and services as effectively as | ||||||
20 | persons who are not so affected. | ||||||
21 | "Unit of local government", "district", and "facilities" | ||||||
22 | have the meanings ascribed to them in Section 2705-305. | ||||||
23 | (b) The Department may make grants from the Transportation | ||||||
24 | Fund and the General Revenue Fund (i) to units of local | ||||||
25 | government, districts, and carriers for vehicles, equipment, |
| |||||||
| |||||||
1 | and the acquisition, construction, extension, reconstruction, | ||||||
2 | and improvement of mass transportation facilities for persons | ||||||
3 | with disabilities and (ii) during State fiscal years 1986 and | ||||||
4 | 1987, to the Regional Transportation Authority (now the | ||||||
5 | Metropolitan Mobility Authority) for operating assistance for | ||||||
6 | mass transportation for mobility limited persons, including | ||||||
7 | paratransit services for the mobility limited. The grants | ||||||
8 | shall be made upon the terms and conditions that in the | ||||||
9 | judgment of the Secretary are necessary to ensure their proper | ||||||
10 | and effective utilization. The procedures, limitations, and | ||||||
11 | safeguards provided in Section 2705-305 to govern grants for | ||||||
12 | mass transportation shall apply to grants made under this | ||||||
13 | Section. | ||||||
14 | For the efficient administration of grants, the | ||||||
15 | Department, on behalf of grant recipients under this Section | ||||||
16 | and on behalf of recipients receiving funds under Sections | ||||||
17 | 5309 and 5311 of the Federal Transit Act and State funds, may | ||||||
18 | administer and consolidate procurements and may enter into | ||||||
19 | contracts with manufacturers of vehicles and equipment. | ||||||
20 | (c) The Department may make operating assistance grants | ||||||
21 | from the Transportation Fund to those carriers that, during | ||||||
22 | federal fiscal year 1986, directly received operating | ||||||
23 | assistance pursuant to Section 5307 or Section 5311 of the | ||||||
24 | Federal Transit Act, or under contracts with a unit of local | ||||||
25 | government or mass transit district that received operating | ||||||
26 | expenses under Section 5307 or Section 5311 of the Federal |
| |||||||
| |||||||
1 | Transit Act, to provide public paratransit services to the | ||||||
2 | general mobility limited population. The Secretary shall take | ||||||
3 | into consideration the reduction in federal operating expense | ||||||
4 | grants to carriers when considering the grant applications. | ||||||
5 | The procedures, limitations, and safeguards provided in | ||||||
6 | Section 2705-305 to govern grants for mass transportation | ||||||
7 | shall apply to grants made under this Section. | ||||||
8 | (Source: P.A. 99-143, eff. 7-27-15.) | ||||||
9 | (20 ILCS 2705/2705-315) (was 20 ILCS 2705/49.19b) | ||||||
10 | Sec. 2705-315. Grants for passenger security. The | ||||||
11 | Department may make grants from the Transportation Fund and | ||||||
12 | the General Revenue Fund to the Metropolitan Mobility Regional | ||||||
13 | Transportation Authority created under the Metropolitan | ||||||
14 | Mobility Regional Transportation Authority Act to be used to | ||||||
15 | provide protection against crime for the consumers of public | ||||||
16 | transportation, and for the employees and facilities of public | ||||||
17 | transportation providers, in the metropolitan region. The | ||||||
18 | grants may be used (1) to provide that protection directly, or | ||||||
19 | (2) to contract with any municipality or county in the | ||||||
20 | metropolitan region to provide that protection, or (3) except | ||||||
21 | for the Chicago Transit Authority created under the | ||||||
22 | Metropolitan Transit Authority Act, to contract with a private | ||||||
23 | security agency to provide that protection. | ||||||
24 | The grants shall be made upon the terms and conditions | ||||||
25 | that in the judgment of the Secretary are necessary to ensure |
| |||||||
| |||||||
1 | their proper and effective utilization. The procedures | ||||||
2 | provided in Section 2705-305 to govern grants for mass | ||||||
3 | transportation shall apply to grants made under this Section. | ||||||
4 | (Source: P.A. 91-239, eff. 1-1-00.) | ||||||
5 | (20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h) | ||||||
6 | Sec. 2705-440. Intercity Rail Service. | ||||||
7 | (a) For the purposes of providing intercity railroad | ||||||
8 | passenger service within this State and throughout the United | ||||||
9 | States, the Department is authorized to enter into agreements | ||||||
10 | with any state, state agency, units of local government or | ||||||
11 | political subdivisions, Metropolitan Mobility Authority the | ||||||
12 | Commuter Rail Division of the Regional Transportation | ||||||
13 | Authority (or a public corporation on behalf of that Authority | ||||||
14 | Division ), architecture or engineering firms, the National | ||||||
15 | Railroad Passenger Corporation, any carrier, or any | ||||||
16 | individual, corporation, partnership, or public or private | ||||||
17 | entity. The cost related to such services shall be borne in | ||||||
18 | such proportion as, by agreement or contract the parties may | ||||||
19 | desire. | ||||||
20 | (b) In providing any intercity railroad passenger service | ||||||
21 | as provided in this Section, the Department shall have the | ||||||
22 | following additional powers: | ||||||
23 | (1) to enter into trackage use agreements with rail | ||||||
24 | carriers; | ||||||
25 | (1.5) to freely lease or otherwise contract for any |
| |||||||
| |||||||
1 | purpose any of the locomotives, passenger railcars, and | ||||||
2 | other rolling stock equipment or accessions to any state | ||||||
3 | or state agency, public or private entity, or quasi-public | ||||||
4 | entities; | ||||||
5 | (2) to enter into haulage agreements with rail | ||||||
6 | carriers; | ||||||
7 | (3) to lease or otherwise contract for use, | ||||||
8 | maintenance, servicing, and repair of any needed | ||||||
9 | locomotives, rolling stock, stations, or other facilities, | ||||||
10 | the lease or contract having a term not to exceed 50 years | ||||||
11 | (but any multi-year contract shall recite that the | ||||||
12 | contract is subject to termination and cancellation, | ||||||
13 | without any penalty, acceleration payment, or other | ||||||
14 | recoupment mechanism, in any fiscal year for which the | ||||||
15 | General Assembly fails to make an adequate appropriation | ||||||
16 | to cover the contract obligation); | ||||||
17 | (4) to enter into management agreements; | ||||||
18 | (5) to include in any contract indemnification of | ||||||
19 | carriers or other parties for any liability with regard to | ||||||
20 | intercity railroad passenger service; | ||||||
21 | (6) to obtain insurance for any losses or claims with | ||||||
22 | respect to the service; | ||||||
23 | (7) to promote the use of the service; | ||||||
24 | (8) to make grants to any body politic and corporate, | ||||||
25 | any unit of local government, or the Metropolitan Mobility | ||||||
26 | Authority Commuter Rail Division of the Regional |
| |||||||
| |||||||
1 | Transportation Authority to cover all or any part of any | ||||||
2 | capital or operating costs of the service and to enter | ||||||
3 | into agreements with respect to those grants; | ||||||
4 | (9) to set any fares or make other regulations with | ||||||
5 | respect to the service, consistent with any contracts for | ||||||
6 | the service; and | ||||||
7 | (10) to otherwise enter into any contracts necessary | ||||||
8 | or convenient to provide rail services, operate or | ||||||
9 | maintain locomotives, passenger railcars, and other | ||||||
10 | rolling stock equipment or accessions, including the lease | ||||||
11 | or use of such locomotives, railcars, equipment, or | ||||||
12 | accessions. | ||||||
13 | (c) All service provided under this Section shall be | ||||||
14 | exempt from all regulations by the Illinois Commerce | ||||||
15 | Commission (other than for safety matters). To the extent the | ||||||
16 | service is provided by the Metropolitan Mobility Authority | ||||||
17 | Commuter Rail Division of the Regional Transportation | ||||||
18 | Authority (or a public corporation on behalf of that Authority | ||||||
19 | Division ), it shall be exempt from safety regulations of the | ||||||
20 | Illinois Commerce Commission to the extent the Authority | ||||||
21 | Commuter Rail Division adopts its own safety regulations. | ||||||
22 | (d) In connection with any powers exercised under this | ||||||
23 | Section, the Department | ||||||
24 | (1) shall not have the power of eminent domain; and | ||||||
25 | (2) shall not directly operate any railroad service | ||||||
26 | with its own employees. |
| |||||||
| |||||||
1 | (e) Any contract with the Metropolitan Mobility Authority | ||||||
2 | Commuter Rail Division of the Regional Transportation | ||||||
3 | Authority (or a public corporation on behalf of the Authority | ||||||
4 | Division ) under this Section shall provide that all costs in | ||||||
5 | excess of revenue received by the Division generated from | ||||||
6 | intercity rail service provided by the Division shall be fully | ||||||
7 | borne by the Department, and no funds for operation of | ||||||
8 | commuter rail service shall be used, directly or indirectly, | ||||||
9 | or for any period of time, to subsidize the intercity rail | ||||||
10 | operation. If at any time the Division does not have | ||||||
11 | sufficient funds available to satisfy the requirements of this | ||||||
12 | Section, the Division shall forthwith terminate the operation | ||||||
13 | of intercity rail service. The payments made by the Department | ||||||
14 | to the Division for the intercity rail passenger service shall | ||||||
15 | not be made in excess of those costs or as a subsidy for costs | ||||||
16 | of commuter rail operations. This shall not prevent the | ||||||
17 | contract from providing for efficient coordination of service | ||||||
18 | and facilities to promote cost-effective cost effective | ||||||
19 | operations of both intercity rail passenger service and | ||||||
20 | commuter rail services with cost allocations as provided in | ||||||
21 | this paragraph. | ||||||
22 | (f) Whenever the Department enters into an agreement with | ||||||
23 | any carrier, state or state agency, any public or private | ||||||
24 | entity, or quasi-public entity for either the Department's | ||||||
25 | payment of such railroad required maintenance expenses | ||||||
26 | necessary for intercity passenger service or for the lease or |
| |||||||
| |||||||
1 | use of locomotives, passenger railcars, and other rolling | ||||||
2 | stock equipment or accessions, the Department may deposit such | ||||||
3 | required maintenance funds, use fees, or rental payments into | ||||||
4 | any escrow account. For purposes of this subsection, an escrow | ||||||
5 | account means any fiduciary account established with (i) any | ||||||
6 | banking corporation which is both organized under the Illinois | ||||||
7 | Banking Act and authorized to accept and administer trusts in | ||||||
8 | this State, or (ii) any national banking association which has | ||||||
9 | its principal place of business in this State and which also is | ||||||
10 | authorized to accept and administer trusts in this State. The | ||||||
11 | funds in any required maintenance escrow account may be | ||||||
12 | withdrawn by the carrier or entity in control of the railroad | ||||||
13 | being maintained, only with the consent of the Department, | ||||||
14 | pursuant to a written maintenance agreement and pursuant to a | ||||||
15 | maintenance plan that shall be updated each year. Funds in an | ||||||
16 | escrow account holding lease, use fees, or rental payments may | ||||||
17 | be withdrawn by the Department to be used or expended on | ||||||
18 | acquisition, offsets, overhaul fees, or costs of locomotives, | ||||||
19 | railcars, equipment or accessions, including any future | ||||||
20 | equipment purchase, expenses, fees, or costs, or any other | ||||||
21 | purpose permitted or required by the escrow agreement or any | ||||||
22 | other agreement regarding disbursement of funds. The moneys | ||||||
23 | deposited in the escrow accounts shall be invested and | ||||||
24 | reinvested, pursuant to the direction of the Department, in | ||||||
25 | bonds and other interest bearing obligations of this State, or | ||||||
26 | in such accounts, certificates, bills, obligations, shares, |
| |||||||
| |||||||
1 | pools or other securities as are authorized for the investment | ||||||
2 | of public funds under the Public Funds Investment Act. Escrow | ||||||
3 | accounts created under this subsection shall not have terms | ||||||
4 | that exceed 20 years. At the end of the term of an escrow | ||||||
5 | account, the remaining balance shall be deposited in the | ||||||
6 | High-Speed Rail Rolling Stock Fund, a special fund that is | ||||||
7 | created in the State treasury Treasury . Moneys in the | ||||||
8 | High-Speed Rail Rolling Stock Fund may be used for any purpose | ||||||
9 | related to locomotives, passenger railcars, and other rolling | ||||||
10 | stock equipment. The Department shall prepare a report for | ||||||
11 | presentation to the Comptroller and the Treasurer each year | ||||||
12 | that shows the amounts deposited and withdrawn, the purposes | ||||||
13 | for withdrawal, the balance, and the amounts derived from | ||||||
14 | investment. | ||||||
15 | (Source: P.A. 100-773, eff. 1-1-19 .) | ||||||
16 | (20 ILCS 2705/2705-594 new) | ||||||
17 | Sec. 2705-594. Office of Public Transportation Support. | ||||||
18 | (a) As used in this Section, "metropolitan region" has the | ||||||
19 | meaning given to that term in the Metropolitan Mobility | ||||||
20 | Authority Act. | ||||||
21 | (b) The Department shall establish, staff, and support an | ||||||
22 | Office of Public Transportation Support within District 1. The | ||||||
23 | Office's purpose is to optimize the operation of public | ||||||
24 | transportation vehicles and the delivery of public | ||||||
25 | transportation services on highways, as defined by Section |
| |||||||
| |||||||
1 | 2-202 of the Illinois Highway Code, under the Department's | ||||||
2 | jurisdiction in the metropolitan region. | ||||||
3 | (c) The Office of Public Transportation Support shall have | ||||||
4 | the following duties: | ||||||
5 | (1) reviewing Department plans for the construction, | ||||||
6 | rehabilitation, and repair of roadways under the | ||||||
7 | Department's jurisdiction to identify opportunities for | ||||||
8 | enhancements that will improve public transportation | ||||||
9 | operations and safety on such highways, and making | ||||||
10 | recommendations for implementing such enhancements; | ||||||
11 | (2) reviewing the plans by other governmental entities | ||||||
12 | for the construction, rehabilitation, and repair of | ||||||
13 | highways under the Department's jurisdiction or that | ||||||
14 | intersect with such highways to identify opportunities for | ||||||
15 | enhancements that will improve public transportation | ||||||
16 | operations and safety on such highways, and making | ||||||
17 | recommendations for implementing such enhancements; | ||||||
18 | (3) facilitating the implementation of intelligent | ||||||
19 | transportation system solutions, such as bus priority at | ||||||
20 | signalized intersections, to improve public transportation | ||||||
21 | vehicle operations and safety on highways under the | ||||||
22 | Department's jurisdiction; | ||||||
23 | (4) facilitating the implementation of highway | ||||||
24 | infrastructure enhancements such as sidewalks, bus | ||||||
25 | shelters, and bicycle paths and lanes that help connect | ||||||
26 | people to public transportation services on highways under |
| |||||||
| |||||||
1 | the Department's jurisdiction; | ||||||
2 | (5) identifying and pursuing grant funding | ||||||
3 | opportunities for projects that will improve public | ||||||
4 | transportation operations and safety on highways under the | ||||||
5 | Department's jurisdiction; | ||||||
6 | (6) coordinating with the Metropolitan Mobility | ||||||
7 | Authority on the implementation of bus speed and | ||||||
8 | reliability improvements and other enhancements to | ||||||
9 | highways under the Department's jurisdiction to improve | ||||||
10 | public transportation operations and safety; and | ||||||
11 | (7) coordinating with the Metropolitan Mobility | ||||||
12 | Authority on the pursuit of grant opportunities for | ||||||
13 | projects that will improve public transportation on | ||||||
14 | highways under the Department's jurisdiction. | ||||||
15 | (d) To fulfill its obligations under this Section, and | ||||||
16 | notwithstanding any of its current policies and practices to | ||||||
17 | the contrary, the Department shall in its design and operation | ||||||
18 | of highways under its jurisdiction in the metropolitan region | ||||||
19 | give priority to public transportation vehicles and other | ||||||
20 | vehicles, such as school buses, designed to carry a sizable | ||||||
21 | number of people over the priority the Department gives to | ||||||
22 | standard light duty vehicles typically used to carry one or a | ||||||
23 | few people at a time. | ||||||
24 | (e) The Department shall prioritize maximizing the | ||||||
25 | throughput of people on highways under its jurisdiction in the | ||||||
26 | metropolitan region where public transportation is provided or |
| |||||||
| |||||||
1 | planned over maximizing the number and speeds of vehicles on | ||||||
2 | such highways. | ||||||
3 | (f) On highways in the metropolitan region under its | ||||||
4 | jurisdiction served by public transportation or where public | ||||||
5 | transportation is planned, the Department shall identify and | ||||||
6 | implement highway design, infrastructure, and operations | ||||||
7 | enhancements that maximize the attractiveness and efficacy of | ||||||
8 | public transportation compared to travel by single occupancy | ||||||
9 | vehicles on such highways and coordinate with the Metropolitan | ||||||
10 | Mobility Authority on such enhancements. | ||||||
11 | (g) The Department shall give the Metropolitan Mobility | ||||||
12 | Authority a timely opportunity to review, comment, and concur | ||||||
13 | on plans for the construction, rehabilitation, or repair of | ||||||
14 | highways under the jurisdiction of the Department in the | ||||||
15 | metropolitan region where public transportation is being | ||||||
16 | provided or is planned by the Metropolitan Mobility Authority. | ||||||
17 | (h) The Department shall not advance a project subject to | ||||||
18 | the process set forth in subsections (d) through (g) to | ||||||
19 | construction until it has received the Metropolitan Mobility | ||||||
20 | Authority's concurrence. | ||||||
21 | (i) The Chicago Metropolitan Agency for Planning shall | ||||||
22 | make appropriate changes to its travel demand model, project | ||||||
23 | scoring and prioritization processes, long-range plan, and | ||||||
24 | transportation improvement program to reflect the requirements | ||||||
25 | of subsections (d) through (h). |
| |||||||
| |||||||
1 | Section 20.11. The Illinois Finance Authority Act is | ||||||
2 | amended by changing Section 820-50 as follows: | ||||||
3 | (20 ILCS 3501/820-50) | ||||||
4 | Sec. 820-50. Pledge of Funds by Units of Local Government. | ||||||
5 | (a) Pledge of Funds. Any unit of local government which | ||||||
6 | receives funds from the Department of Revenue, including | ||||||
7 | without limitation funds received pursuant to Sections 8-11-1, | ||||||
8 | 8-11-1.4, 8-11-5 or 8-11-6 of the Illinois Municipal Code, the | ||||||
9 | Home Rule County Retailers' Occupation Tax Act, the Home Rule | ||||||
10 | County Service Occupation Tax Act, Sections 25.05-2, 25.05-3 | ||||||
11 | or 25.05-10 of "An Act to revise the law in relation to | ||||||
12 | counties", Section 5.01 of the Local Mass Transit District | ||||||
13 | Act, Section 4.03 of the Metropolitan Mobility Regional | ||||||
14 | Transportation Authority Act, Sections 2 or 12 of the State | ||||||
15 | Revenue Sharing Act, or from the Department of Transportation | ||||||
16 | pursuant to Section 8 of the Motor Fuel Tax Law, or from the | ||||||
17 | State Superintendent of Education (directly or indirectly | ||||||
18 | through regional superintendents of schools) pursuant to | ||||||
19 | Article 18 of the School Code, or any unit of government which | ||||||
20 | receives other funds which are at any time in the custody of | ||||||
21 | the State Treasurer, the State Comptroller, the Department of | ||||||
22 | Revenue, the Department of Transportation or the State | ||||||
23 | Superintendent of Education may by appropriate proceedings, | ||||||
24 | pledge to the Authority or any entity acting on behalf of the | ||||||
25 | Authority (including, without limitation, any trustee), any or |
| |||||||
| |||||||
1 | all of such receipts to the extent that such receipts are | ||||||
2 | necessary to provide revenues to pay the principal of, | ||||||
3 | premium, if any, and interest on, and other fees related to, or | ||||||
4 | to secure, any of the local government securities of such unit | ||||||
5 | of local government which have been sold or delivered to the | ||||||
6 | Authority or its designee or to pay lease rental payments to be | ||||||
7 | made by such unit of local government to the extent that such | ||||||
8 | lease rental payments secure the payment of the principal of, | ||||||
9 | premium, if any, and interest on, and other fees related to, | ||||||
10 | any local government securities which have been sold or | ||||||
11 | delivered to the Authority or its designee. Any pledge of such | ||||||
12 | receipts (or any portion thereof) shall constitute a first and | ||||||
13 | prior lien thereon and shall be binding from the time the | ||||||
14 | pledge is made. | ||||||
15 | (b) Direct Payment of Pledged Receipts. Any such unit of | ||||||
16 | local government may, by such proceedings, direct that all or | ||||||
17 | any of such pledged receipts payable to such unit of local | ||||||
18 | government be paid directly to the Authority or such other | ||||||
19 | entity (including, without limitation, any trustee) for the | ||||||
20 | purpose of paying the principal of, premium, if any, and | ||||||
21 | interest on, and fees relating to, such local government | ||||||
22 | securities or for the purpose of paying such lease rental | ||||||
23 | payments to the extent necessary to pay the principal of, | ||||||
24 | premium, if any, and interest on, and other fees related to, | ||||||
25 | such local government securities secured by such lease rental | ||||||
26 | payments. Upon receipt of a certified copy of such proceedings |
| |||||||
| |||||||
1 | by the State Treasurer, the State Comptroller, the Department | ||||||
2 | of Revenue, the Department of Transportation or the State | ||||||
3 | Superintendent of Education, as the case may be, such | ||||||
4 | Department or State Superintendent shall direct the State | ||||||
5 | Comptroller and State Treasurer to pay to, or on behalf of, the | ||||||
6 | Authority or such other entity (including, without limitation, | ||||||
7 | any trustee) all or such portion of the pledged receipts from | ||||||
8 | the Department of Revenue, or the Department of Transportation | ||||||
9 | or the State Superintendent of Education (directly or | ||||||
10 | indirectly through regional superintendents of schools), as | ||||||
11 | the case may be, sufficient to pay the principal of and | ||||||
12 | premium, if any, and interest on, and other fees related to, | ||||||
13 | the local governmental securities for which the pledge was | ||||||
14 | made or to pay such lease rental payments securing such local | ||||||
15 | government securities for which the pledge was made. The | ||||||
16 | proceedings shall constitute authorization for such a | ||||||
17 | directive to the State Comptroller to cause orders to be drawn | ||||||
18 | and to the State Treasurer to pay in accordance with such | ||||||
19 | directive. To the extent that the Authority or its designee | ||||||
20 | notifies the Department of Revenue, the Department of | ||||||
21 | Transportation or the State Superintendent of Education, as | ||||||
22 | the case may be, that the unit of local government has | ||||||
23 | previously paid to the Authority or its designee the amount of | ||||||
24 | any principal, premium, interest and fees payable from such | ||||||
25 | pledged receipts, the State Comptroller shall cause orders to | ||||||
26 | be drawn and the State Treasurer shall pay such pledged |
| |||||||
| |||||||
1 | receipts to the unit of local government as if they were not | ||||||
2 | pledged receipts. To the extent that such receipts are pledged | ||||||
3 | and paid to the Authority or such other entity, any taxes which | ||||||
4 | have been levied or fees or charges assessed pursuant to law on | ||||||
5 | account of the issuance of such local government securities | ||||||
6 | shall be paid to the unit of local government and may be used | ||||||
7 | for the purposes for which the pledged receipts would have | ||||||
8 | been used. | ||||||
9 | (c) Payment of Pledged Receipts upon Default. Any such | ||||||
10 | unit of local government may, by such proceedings, direct that | ||||||
11 | such pledged receipts payable to such unit of local government | ||||||
12 | be paid to the Authority or such other entity (including, | ||||||
13 | without limitation, any trustee) upon a default in the payment | ||||||
14 | of any principal of, premium, if any, or interest on, or fees | ||||||
15 | relating to, any of the local government securities of such | ||||||
16 | unit of local government which have been sold or delivered to | ||||||
17 | the Authority or its designee or any of the local government | ||||||
18 | securities which have been sold or delivered to the Authority | ||||||
19 | or its designee and which are secured by such lease rental | ||||||
20 | payments. If such local governmental security is in default as | ||||||
21 | to the payment of principal thereof, premium, if any, or | ||||||
22 | interest thereon, or fees relating thereto, to the extent that | ||||||
23 | the State Treasurer, the State Comptroller, the Department of | ||||||
24 | Revenue, the Department of Transportation or the State | ||||||
25 | Superintendent of Education (directly or indirectly through | ||||||
26 | regional superintendents of schools) shall be the custodian at |
| |||||||
| |||||||
1 | any time of any other available funds or moneys pledged to the | ||||||
2 | payment of such local government securities or such lease | ||||||
3 | rental payments securing such local government securities | ||||||
4 | pursuant to this Section and due or payable to such a unit of | ||||||
5 | local government at any time subsequent to written notice to | ||||||
6 | the State Comptroller and State Treasurer from the Authority | ||||||
7 | or any entity acting on behalf of the Authority (including, | ||||||
8 | without limitation, any trustee) to the effect that such unit | ||||||
9 | of local government has not paid or is in default as to payment | ||||||
10 | of the principal of, premium, if any, or interest on, or fees | ||||||
11 | relating to, any local government security sold or delivered | ||||||
12 | to the Authority or any such entity (including, without | ||||||
13 | limitation, any trustee) or has not paid or is in default as to | ||||||
14 | the payment of such lease rental payments securing the payment | ||||||
15 | of the principal of, premium, if any, or interest on, or other | ||||||
16 | fees relating to, any local government security sold or | ||||||
17 | delivered to the Authority or such other entity (including, | ||||||
18 | without limitation, any trustee): | ||||||
19 | (i) The State Comptroller and the State Treasurer | ||||||
20 | shall withhold the payment of such funds or moneys from | ||||||
21 | such unit of local government until the amount of such | ||||||
22 | principal, premium, if any, interest or fees then due and | ||||||
23 | unpaid has been paid to the Authority or any such entity | ||||||
24 | (including, without limitation, any trustee), or the State | ||||||
25 | Comptroller and the State Treasurer have been advised that | ||||||
26 | arrangements, satisfactory to the Authority or such |
| |||||||
| |||||||
1 | entity, have been made for the payment of such principal, | ||||||
2 | premium, if any, interest and fees; and | ||||||
3 | (ii) Within 10 days after a demand for payment by the | ||||||
4 | Authority or such entity given to such unit of local | ||||||
5 | government, the State Treasurer and the State Comptroller, | ||||||
6 | the State Treasurer shall pay such funds or moneys as are | ||||||
7 | legally available therefor to the Authority or such entity | ||||||
8 | for the payment of principal of, premium, if any, or | ||||||
9 | interest on, or fees relating to, such local government | ||||||
10 | securities. The Authority or any such entity may carry out | ||||||
11 | this Section and exercise all the rights, remedies and | ||||||
12 | provisions provided or referred to in this Section. | ||||||
13 | (d) Remedies. Upon the sale or delivery of any local | ||||||
14 | government securities of the Authority or its designee, the | ||||||
15 | local government which issued such local government securities | ||||||
16 | shall be deemed to have agreed that upon its failure to pay | ||||||
17 | interest or premium, if any, on, or principal of, or fees | ||||||
18 | relating to, the local government securities sold or delivered | ||||||
19 | to the Authority or any entity acting on behalf of the | ||||||
20 | Authority (including, without limitation, any trustee) when | ||||||
21 | payable, all statutory defenses to nonpayment are thereby | ||||||
22 | waived. Upon a default in payment of principal of or interest | ||||||
23 | on any local government securities issued by a unit of local | ||||||
24 | government and sold or delivered to the Authority or its | ||||||
25 | designee, and upon demand on the unit of local government for | ||||||
26 | payment, if the local government securities are payable from |
| |||||||
| |||||||
1 | property taxes and funds are not legally available in the | ||||||
2 | treasury of the unit of local government to make payment, an | ||||||
3 | action in mandamus for the levy of a tax by the unit of local | ||||||
4 | government to pay the principal of or interest on the local | ||||||
5 | government securities shall lie, and the Authority or such | ||||||
6 | entity shall be constituted a holder or owner of the local | ||||||
7 | government securities as being in default. Upon the occurrence | ||||||
8 | of any failure or default with respect to any local government | ||||||
9 | securities issued by a unit of local government, the Authority | ||||||
10 | or such entity may thereupon avail itself of all remedies, | ||||||
11 | rights and provisions of law applicable in the circumstances, | ||||||
12 | and the failure to exercise or exert any rights or remedies | ||||||
13 | within a time or period provided by law may not be raised as a | ||||||
14 | defense by the unit of local government. | ||||||
15 | (Source: P.A. 93-205, eff. 1-1-04.) | ||||||
16 | Section 20.12. The Illinois State Auditing Act is amended | ||||||
17 | by changing Section 3-1 as follows: | ||||||
18 | (30 ILCS 5/3-1) (from Ch. 15, par. 303-1) | ||||||
19 | Sec. 3-1. Jurisdiction of Auditor General. The Auditor | ||||||
20 | General has jurisdiction over all State agencies to make post | ||||||
21 | audits and investigations authorized by or under this Act or | ||||||
22 | the Constitution. | ||||||
23 | The Auditor General has jurisdiction over local government | ||||||
24 | agencies and private agencies only: |
| |||||||
| |||||||
1 | (a) to make such post audits authorized by or under | ||||||
2 | this Act as are necessary and incidental to a post audit of | ||||||
3 | a State agency or of a program administered by a State | ||||||
4 | agency involving public funds of the State, but this | ||||||
5 | jurisdiction does not include any authority to review | ||||||
6 | local governmental agencies in the obligation, receipt, | ||||||
7 | expenditure or use of public funds of the State that are | ||||||
8 | granted without limitation or condition imposed by law, | ||||||
9 | other than the general limitation that such funds be used | ||||||
10 | for public purposes; | ||||||
11 | (b) to make investigations authorized by or under this | ||||||
12 | Act or the Constitution; and | ||||||
13 | (c) to make audits of the records of local government | ||||||
14 | agencies to verify actual costs of state-mandated programs | ||||||
15 | when directed to do so by the Legislative Audit Commission | ||||||
16 | at the request of the State Board of Appeals under the | ||||||
17 | State Mandates Act. | ||||||
18 | In addition to the foregoing, the Auditor General may | ||||||
19 | conduct an audit of the Metropolitan Pier and Exposition | ||||||
20 | Authority, the Metropolitan Mobility Authority, Regional | ||||||
21 | Transportation Authority, the Suburban Bus Division, the | ||||||
22 | Commuter Rail Division and the Chicago Transit Authority and | ||||||
23 | any other subsidized carrier when authorized by the | ||||||
24 | Legislative Audit Commission. Such audit may be a financial, | ||||||
25 | management or program audit, or any combination thereof. | ||||||
26 | The audit shall determine whether they are operating in |
| |||||||
| |||||||
1 | accordance with all applicable laws and regulations. Subject | ||||||
2 | to the limitations of this Act, the Legislative Audit | ||||||
3 | Commission may by resolution specify additional determinations | ||||||
4 | to be included in the scope of the audit. | ||||||
5 | In addition to the foregoing, the Auditor General must | ||||||
6 | also conduct a financial audit of the Illinois Sports | ||||||
7 | Facilities Authority's expenditures of public funds in | ||||||
8 | connection with the reconstruction, renovation, remodeling, | ||||||
9 | extension, or improvement of all or substantially all of any | ||||||
10 | existing "facility", as that term is defined in the Illinois | ||||||
11 | Sports Facilities Authority Act. | ||||||
12 | The Auditor General may also conduct an audit, when | ||||||
13 | authorized by the Legislative Audit Commission, of any | ||||||
14 | hospital which receives 10% or more of its gross revenues from | ||||||
15 | payments from the State of Illinois, Department of Healthcare | ||||||
16 | and Family Services (formerly Department of Public Aid), | ||||||
17 | Medical Assistance Program. | ||||||
18 | The Auditor General is authorized to conduct financial and | ||||||
19 | compliance audits of the Illinois Distance Learning Foundation | ||||||
20 | and the Illinois Conservation Foundation. | ||||||
21 | As soon as practical after the effective date of this | ||||||
22 | amendatory Act of 1995, the Auditor General shall conduct a | ||||||
23 | compliance and management audit of the City of Chicago and any | ||||||
24 | other entity with regard to the operation of Chicago O'Hare | ||||||
25 | International Airport, Chicago Midway Airport and Merrill C. | ||||||
26 | Meigs Field. The audit shall include, but not be limited to, an |
| |||||||
| |||||||
1 | examination of revenues, expenses, and transfers of funds; | ||||||
2 | purchasing and contracting policies and practices; staffing | ||||||
3 | levels; and hiring practices and procedures. When completed, | ||||||
4 | the audit required by this paragraph shall be distributed in | ||||||
5 | accordance with Section 3-14. | ||||||
6 | The Auditor General shall conduct a financial and | ||||||
7 | compliance and program audit of distributions from the | ||||||
8 | Municipal Economic Development Fund during the immediately | ||||||
9 | preceding calendar year pursuant to Section 8-403.1 of the | ||||||
10 | Public Utilities Act at no cost to the city, village, or | ||||||
11 | incorporated town that received the distributions. | ||||||
12 | The Auditor General must conduct an audit of the Health | ||||||
13 | Facilities and Services Review Board pursuant to Section 19.5 | ||||||
14 | of the Illinois Health Facilities Planning Act. | ||||||
15 | The Auditor General of the State of Illinois shall | ||||||
16 | annually conduct or cause to be conducted a financial and | ||||||
17 | compliance audit of the books and records of any county water | ||||||
18 | commission organized pursuant to the Water Commission Act of | ||||||
19 | 1985 and shall file a copy of the report of that audit with the | ||||||
20 | Governor and the Legislative Audit Commission. The filed audit | ||||||
21 | shall be open to the public for inspection. The cost of the | ||||||
22 | audit shall be charged to the county water commission in | ||||||
23 | accordance with Section 6z-27 of the State Finance Act. The | ||||||
24 | county water commission shall make available to the Auditor | ||||||
25 | General its books and records and any other documentation, | ||||||
26 | whether in the possession of its trustees or other parties, |
| |||||||
| |||||||
1 | necessary to conduct the audit required. These audit | ||||||
2 | requirements apply only through July 1, 2007. | ||||||
3 | The Auditor General must conduct audits of the Rend Lake | ||||||
4 | Conservancy District as provided in Section 25.5 of the River | ||||||
5 | Conservancy Districts Act. | ||||||
6 | The Auditor General must conduct financial audits of the | ||||||
7 | Southeastern Illinois Economic Development Authority as | ||||||
8 | provided in Section 70 of the Southeastern Illinois Economic | ||||||
9 | Development Authority Act. | ||||||
10 | The Auditor General shall conduct a compliance audit in | ||||||
11 | accordance with subsections (d) and (f) of Section 30 of the | ||||||
12 | Innovation Development and Economy Act. | ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; | ||||||
14 | 96-939, eff. 6-24-10.) | ||||||
15 | (30 ILCS 5/3-2.3 rep.) | ||||||
16 | Section 20.12a. The Illinois State Auditing Act is amended | ||||||
17 | by repealing Section 3-2.3. | ||||||
18 | Section 20.13. The State Finance Act is amended by | ||||||
19 | changing Sections 5.277, 5.918, 6z-17, 6z-20, 6z-27, 6z-109, | ||||||
20 | 8.25g, and 8.3 and by adding Sections 5.1015 and 5.1016 as | ||||||
21 | follows: | ||||||
22 | (30 ILCS 105/5.277) (from Ch. 127, par. 141.277) | ||||||
23 | Sec. 5.277. The Metropolitan Mobility Regional |
| |||||||
| |||||||
1 | Transportation Authority Occupation and Use Tax Replacement | ||||||
2 | Fund. | ||||||
3 | (Source: P.A. 86-928; 86-1028.) | ||||||
4 | (30 ILCS 105/5.918) | ||||||
5 | Sec. 5.918. The Metropolitan Mobility Regional | ||||||
6 | Transportation Authority Capital Improvement Fund. | ||||||
7 | (Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19; | ||||||
8 | 102-558, eff. 8-20-21.) | ||||||
9 | (30 ILCS 105/5.1015 new) | ||||||
10 | Sec. 5.1015. The Transit-Supportive Development Fund. | ||||||
11 | (30 ILCS 105/5.1016 new) | ||||||
12 | Sec. 5.1016. The Metropolitan Mobility Authority | ||||||
13 | Additional Operating Funding Fund. | ||||||
14 | (30 ILCS 105/6z-17) (from Ch. 127, par. 142z-17) | ||||||
15 | Sec. 6z-17. State and Local Sales Tax Reform Fund. | ||||||
16 | (a) After deducting the amount transferred to the Tax | ||||||
17 | Compliance and Administration Fund under subsection (b), of | ||||||
18 | the money paid into the State and Local Sales Tax Reform Fund: | ||||||
19 | (i) subject to appropriation to the Department of Revenue, | ||||||
20 | Municipalities having 1,000,000 or more inhabitants shall | ||||||
21 | receive 20% and may expend such amount to fund and establish a | ||||||
22 | program for developing and coordinating public and private |
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | resources targeted to meet the affordable housing needs of | |||||||||||||||||||||
2 | low-income and very low-income households within such | |||||||||||||||||||||
3 | municipality, (ii) 10% shall be transferred into the | |||||||||||||||||||||
4 | Metropolitan Mobility Regional Transportation Authority | |||||||||||||||||||||
5 | Occupation and Use Tax Replacement Fund, a special fund in the | |||||||||||||||||||||
6 | State treasury which is hereby created, (iii) until July 1, | |||||||||||||||||||||
7 | 2013, subject to appropriation to the Department of | |||||||||||||||||||||
8 | Transportation, the Madison County Mass Transit District shall | |||||||||||||||||||||
9 | receive .6%, and beginning on July 1, 2013, subject to | |||||||||||||||||||||
10 | appropriation to the Department of Revenue, 0.6% shall be | |||||||||||||||||||||
11 | distributed each month out of the Fund to the Madison County | |||||||||||||||||||||
12 | Mass Transit District, (iv) the following amounts, plus any | |||||||||||||||||||||
13 | cumulative deficiency in such transfers for prior months, | |||||||||||||||||||||
14 | shall be transferred monthly into the Build Illinois Fund and | |||||||||||||||||||||
15 | credited to the Build Illinois Bond Account therein: | |||||||||||||||||||||
| ||||||||||||||||||||||
21 | From Fiscal Year 1994 through Fiscal Year 2025 the | |||||||||||||||||||||
22 | transfer shall total $3,150,000 monthly, plus any cumulative | |||||||||||||||||||||
23 | deficiency in such transfers for prior months, and (v) the | |||||||||||||||||||||
24 | remainder of the money paid into the State and Local Sales Tax | |||||||||||||||||||||
25 | Reform Fund shall be transferred into the Local Government | |||||||||||||||||||||
26 | Distributive Fund and, except for municipalities with |
| |||||||
| |||||||
1 | 1,000,000 or more inhabitants which shall receive no portion | ||||||
2 | of such remainder, shall be distributed, subject to | ||||||
3 | appropriation, in the manner provided by Section 2 of "An Act | ||||||
4 | in relation to State revenue sharing with local government | ||||||
5 | entities", approved July 31, 1969, as now or hereafter | ||||||
6 | amended. Municipalities with more than 50,000 inhabitants | ||||||
7 | according to the 1980 U.S. Census and located within the Metro | ||||||
8 | East Mass Transit District receiving funds pursuant to | ||||||
9 | provision (v) of this paragraph may expend such amounts to | ||||||
10 | fund and establish a program for developing and coordinating | ||||||
11 | public and private resources targeted to meet the affordable | ||||||
12 | housing needs of low-income and very low-income households | ||||||
13 | within such municipality. | ||||||
14 | Moneys transferred from the Grocery Tax Replacement Fund | ||||||
15 | to the State and Local Sales Tax Reform Fund under Section | ||||||
16 | 6z-130 shall be treated under this Section in the same manner | ||||||
17 | as if they had been remitted with the return on which they were | ||||||
18 | reported. | ||||||
19 | (b) Beginning on the first day of the first calendar month | ||||||
20 | to occur on or after the effective date of this amendatory Act | ||||||
21 | of the 98th General Assembly, each month the Department of | ||||||
22 | Revenue shall certify to the State Comptroller and the State | ||||||
23 | Treasurer, and the State Comptroller shall order transferred | ||||||
24 | and the State Treasurer shall transfer from the State and | ||||||
25 | Local Sales Tax Reform Fund to the Tax Compliance and | ||||||
26 | Administration Fund, an amount equal to 1/12 of 5% of 20% of |
| |||||||
| |||||||
1 | the cash receipts collected during the preceding fiscal year | ||||||
2 | by the Audit Bureau of the Department of Revenue under the Use | ||||||
3 | Tax Act, the Service Use Tax Act, the Service Occupation Tax | ||||||
4 | Act, the Retailers' Occupation Tax Act, and associated local | ||||||
5 | occupation and use taxes administered by the Department. The | ||||||
6 | amount distributed under subsection (a) each month shall first | ||||||
7 | be reduced by the amount transferred to the Tax Compliance and | ||||||
8 | Administration Fund under this subsection (b). Moneys | ||||||
9 | transferred to the Tax Compliance and Administration Fund | ||||||
10 | under this subsection (b) shall be used, subject to | ||||||
11 | appropriation, to fund additional auditors and compliance | ||||||
12 | personnel at the Department of Revenue. | ||||||
13 | (Source: P.A. 102-700, eff. 4-19-22.) | ||||||
14 | (30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20) | ||||||
15 | Sec. 6z-20. County and Mass Transit District Fund. Of the | ||||||
16 | money received from the 6.25% general rate (and, beginning | ||||||
17 | July 1, 2000 and through December 31, 2000, the 1.25% rate on | ||||||
18 | motor fuel and gasohol, and beginning on August 6, 2010 | ||||||
19 | through August 15, 2010, and beginning again on August 5, 2022 | ||||||
20 | through August 14, 2022, the 1.25% rate on sales tax holiday | ||||||
21 | items) on sales subject to taxation under the Retailers' | ||||||
22 | Occupation Tax Act and Service Occupation Tax Act and paid | ||||||
23 | into the County and Mass Transit District Fund, distribution | ||||||
24 | to the Metropolitan Mobility Authority Occupation and Use Tax | ||||||
25 | Replacement Fund Regional Transportation Authority tax fund , |
| |||||||
| |||||||
1 | created pursuant to Section 6.02 4.03 of the Metropolitan | ||||||
2 | Mobility Regional Transportation Authority Act, for deposit | ||||||
3 | therein shall be made based upon the retail sales occurring in | ||||||
4 | a county having more than 3,000,000 inhabitants. The remainder | ||||||
5 | shall be distributed to each county having 3,000,000 or fewer | ||||||
6 | inhabitants based upon the retail sales occurring in each such | ||||||
7 | county. | ||||||
8 | For the purpose of determining allocation to the local | ||||||
9 | government unit, a retail sale by a producer of coal or other | ||||||
10 | mineral mined in Illinois is a sale at retail at the place | ||||||
11 | where the coal or other mineral mined in Illinois is extracted | ||||||
12 | from the earth. This paragraph does not apply to coal or other | ||||||
13 | mineral when it is delivered or shipped by the seller to the | ||||||
14 | purchaser at a point outside Illinois so that the sale is | ||||||
15 | exempt under the United States Constitution as a sale in | ||||||
16 | interstate or foreign commerce. | ||||||
17 | Of the money received from the 6.25% general use tax rate | ||||||
18 | on tangible personal property which is purchased outside | ||||||
19 | Illinois at retail from a retailer and which is titled or | ||||||
20 | registered by any agency of this State's government and paid | ||||||
21 | into the County and Mass Transit District Fund, the amount for | ||||||
22 | which Illinois addresses for titling or registration purposes | ||||||
23 | are given as being in each county having more than 3,000,000 | ||||||
24 | inhabitants shall be distributed into the Metropolitan | ||||||
25 | Mobility Authority Occupation and Use Tax Replacement Fund | ||||||
26 | Regional Transportation Authority tax fund , created pursuant |
| |||||||
| |||||||
1 | to Section 6.02 4.03 of the Metropolitan Mobility Regional | ||||||
2 | Transportation Authority Act. The remainder of the money paid | ||||||
3 | from such sales shall be distributed to each county based on | ||||||
4 | sales for which Illinois addresses for titling or registration | ||||||
5 | purposes are given as being located in the county. Any money | ||||||
6 | paid into the Regional Transportation Authority Occupation and | ||||||
7 | Use Tax Replacement Fund from the County and Mass Transit | ||||||
8 | District Fund prior to January 14, 1991, which has not been | ||||||
9 | paid to the Authority prior to that date, shall be transferred | ||||||
10 | to the Regional Transportation Authority tax fund. | ||||||
11 | Whenever the Department determines that a refund of money | ||||||
12 | paid into the County and Mass Transit District Fund should be | ||||||
13 | made to a claimant instead of issuing a credit memorandum, the | ||||||
14 | Department shall notify the State Comptroller, who shall cause | ||||||
15 | the order to be drawn for the amount specified, and to the | ||||||
16 | person named, in such notification from the Department. Such | ||||||
17 | refund shall be paid by the State Treasurer out of the County | ||||||
18 | and Mass Transit District Fund. | ||||||
19 | As soon as possible after the first day of each month, | ||||||
20 | beginning January 1, 2011, upon certification of the | ||||||
21 | Department of Revenue, the Comptroller shall order | ||||||
22 | transferred, and the Treasurer shall transfer, to the STAR | ||||||
23 | Bonds Revenue Fund the local sales tax increment, as defined | ||||||
24 | in the Innovation Development and Economy Act, collected | ||||||
25 | during the second preceding calendar month for sales within a | ||||||
26 | STAR bond district and deposited into the County and Mass |
| |||||||
| |||||||
1 | Transit District Fund, less 3% of that amount, which shall be | ||||||
2 | transferred into the Tax Compliance and Administration Fund | ||||||
3 | and shall be used by the Department, subject to appropriation, | ||||||
4 | to cover the costs of the Department in administering the | ||||||
5 | Innovation Development and Economy Act. | ||||||
6 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
7 | on or before the 25th day of each calendar month, the | ||||||
8 | Department shall prepare and certify to the Comptroller the | ||||||
9 | disbursement of stated sums of money to the Metropolitan | ||||||
10 | Mobility Regional Transportation Authority and to named | ||||||
11 | counties, the counties to be those entitled to distribution, | ||||||
12 | as hereinabove provided, of taxes or penalties paid to the | ||||||
13 | Department during the second preceding calendar month. The | ||||||
14 | amount to be paid to the Metropolitan Mobility Regional | ||||||
15 | Transportation Authority and each county having 3,000,000 or | ||||||
16 | fewer inhabitants shall be the amount (not including credit | ||||||
17 | memoranda) collected during the second preceding calendar | ||||||
18 | month by the Department and paid into the County and Mass | ||||||
19 | Transit District Fund, plus an amount the Department | ||||||
20 | determines is necessary to offset any amounts which were | ||||||
21 | erroneously paid to a different taxing body, and not including | ||||||
22 | an amount equal to the amount of refunds made during the second | ||||||
23 | preceding calendar month by the Department, and not including | ||||||
24 | any amount which the Department determines is necessary to | ||||||
25 | offset any amounts which were payable to a different taxing | ||||||
26 | body but were erroneously paid to the Metropolitan Mobility |
| |||||||
| |||||||
1 | Regional Transportation Authority or county, and not including | ||||||
2 | any amounts that are transferred to the STAR Bonds Revenue | ||||||
3 | Fund, less 1.5% of the amount to be paid to the Metropolitan | ||||||
4 | Mobility Regional Transportation Authority, which shall be | ||||||
5 | transferred into the Tax Compliance and Administration Fund. | ||||||
6 | The Department, at the time of each monthly disbursement to | ||||||
7 | the Metropolitan Mobility Regional Transportation Authority, | ||||||
8 | shall prepare and certify to the State Comptroller the amount | ||||||
9 | to be transferred into the Tax Compliance and Administration | ||||||
10 | Fund under this Section. Within 10 days after receipt, by the | ||||||
11 | Comptroller, of the disbursement certification to the | ||||||
12 | Metropolitan Mobility Regional Transportation Authority, | ||||||
13 | counties, and the Tax Compliance and Administration Fund | ||||||
14 | provided for in this Section to be given to the Comptroller by | ||||||
15 | the Department, the Comptroller shall cause the orders to be | ||||||
16 | drawn for the respective amounts in accordance with the | ||||||
17 | directions contained in such certification. | ||||||
18 | When certifying the amount of a monthly disbursement to | ||||||
19 | the Metropolitan Mobility Regional Transportation Authority or | ||||||
20 | to a county under this Section, the Department shall increase | ||||||
21 | or decrease that amount by an amount necessary to offset any | ||||||
22 | misallocation of previous disbursements. The offset amount | ||||||
23 | shall be the amount erroneously disbursed within the 6 months | ||||||
24 | preceding the time a misallocation is discovered. | ||||||
25 | The provisions directing the distributions from the | ||||||
26 | special fund in the State treasury Treasury provided for in |
| |||||||
| |||||||
1 | this Section and from the Metropolitan Mobility Authority | ||||||
2 | Occupation and Use Tax Replacement Fund Regional | ||||||
3 | Transportation Authority tax fund created by Section 6.02 4.03 | ||||||
4 | of the Metropolitan Mobility Regional Transportation Authority | ||||||
5 | Act shall constitute an irrevocable and continuing | ||||||
6 | appropriation of all amounts as provided herein. The State | ||||||
7 | Treasurer and State Comptroller are hereby authorized to make | ||||||
8 | distributions as provided in this Section. | ||||||
9 | In construing any development, redevelopment, annexation, | ||||||
10 | preannexation or other lawful agreement in effect prior to | ||||||
11 | September 1, 1990, which describes or refers to receipts from | ||||||
12 | a county or municipal retailers' occupation tax, use tax or | ||||||
13 | service occupation tax which now cannot be imposed, such | ||||||
14 | description or reference shall be deemed to include the | ||||||
15 | replacement revenue for such abolished taxes, distributed from | ||||||
16 | the County and Mass Transit District Fund or Local Government | ||||||
17 | Distributive Fund, as the case may be. | ||||||
18 | (Source: P.A. 102-700, eff. 4-19-22.) | ||||||
19 | (30 ILCS 105/6z-27) | ||||||
20 | Sec. 6z-27. All moneys in the Audit Expense Fund shall be | ||||||
21 | transferred, appropriated and used only for the purposes | ||||||
22 | authorized by, and subject to the limitations and conditions | ||||||
23 | prescribed by, the Illinois State Auditing Act. | ||||||
24 | Within 30 days after July 1, 2023, or as soon thereafter as | ||||||
25 | practical, the State Comptroller shall order transferred and |
| |||||||
| |||||||
1 | the State Treasurer shall transfer from the following funds | ||||||
2 | moneys in the specified amounts for deposit into the Audit | ||||||
3 | Expense Fund: | ||||||
4 | African-American HIV/AIDS Response RESP Fund ...........$1,421 | ||||||
5 | Agricultural Premium Fund ............................$122,719 | ||||||
6 | Alzheimer's Awareness Fund .............................$1,499 | ||||||
7 | Alzheimer's Disease Research, Care, and Support Fund .....$662 | ||||||
8 | Amusement Ride and Patron Safety Fund ..................$6,315 | ||||||
9 | Assisted Living and & Shared Housing Regulatory | ||||||
10 | House Regulation Fund ..............................$2,564 | ||||||
11 | Capital Development Board Revolving Fund ..............$15,118 | ||||||
12 | Care Provider Fund for Persons with a Developmental | ||||||
13 | Disability ........................................$15,392 | ||||||
14 | Carolyn Adams Ticket For The Cure Grant Fund .............$927 | ||||||
15 | CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial | ||||||
16 | Driver's License Information | ||||||
17 | System/American Association of | ||||||
18 | Motor Vehicle Administrators | ||||||
19 | network/National Motor Vehicle | ||||||
20 | Title Information Service Trust Fund) ..............$5,236 | ||||||
21 | Chicago Police Memorial Foundation Fund ..................$708 | ||||||
22 | Chicago State University Education Improvement Fund ...$13,666 | ||||||
23 | Child Labor and Day and Temporary Labor | ||||||
24 | Services Enforcement Fund .........................$11,991 | ||||||
25 | Child Support Administrative Fund ......................$5,287 | ||||||
26 | Clean Air Act Permit Fund ..............................$1,556 |
| |||||||
| |||||||
1 | Coal Technology Development Assistance Fund ............$6,936 | ||||||
2 | Common School Fund ...................................$343,892 | ||||||
3 | Community Mental Health Medicaid Trust Fund ...........$14,084 | ||||||
4 | Corporate Franchise Tax Refund Fund ....................$1,096 | ||||||
5 | DCFS Children's Services Fund ..........................$8,766 | ||||||
6 | Death Certificate Surcharge Fund .......................$2,060 | ||||||
7 | Death Penalty Abolition Fund ...........................$2,448 | ||||||
8 | Department of Business Services Service Special | ||||||
9 | Operations Fund ...................................$13,889 | ||||||
10 | Department of Human Services DHS Community | ||||||
11 | Services Fund ......................................$7,970 | ||||||
12 | Downstate Public Transportation Fund ..................$11,631 | ||||||
13 | Dram Shop Fund .......................................$142,500 | ||||||
14 | Driver Services Administration Fund ....................$1,873 | ||||||
15 | Drug Rebate Fund ......................................$42,473 | ||||||
16 | Drug Treatment Fund ....................................$1,767 | ||||||
17 | Education Assistance Fund ..........................$2,031,292 | ||||||
18 | Emergency Public Health Fund ...........................$5,162 | ||||||
19 | Environmental Protection Permit and Inspection Fund ....$1,447 | ||||||
20 | Estate Tax Refund Fund ...................................$852 | ||||||
21 | Facilities Management Revolving Fund ..................$50,148 | ||||||
22 | Facility Licensing Fund ................................$5,522 | ||||||
23 | Fair and & Exposition Fund .............................$4,248 | ||||||
24 | Feed Control Fund ......................................$7,709 | ||||||
25 | Fertilizer Control Fund ................................$6,849 | ||||||
26 | Fire Prevention Fund ...................................$3,859 |
| |||||||
| |||||||
1 | Fund for the Advancement of Education .................$24,772 | ||||||
2 | General Assembly Operations Revolving Rev Fund .........$1,146 | ||||||
3 | General Professions Dedicated Fund .....................$4,039 | ||||||
4 | General Revenue Fund ..............................$17,653,153 | ||||||
5 | Governor's Administrative Fund .........................$2,832 | ||||||
6 | Governor's Grant Fund .................................$17,709 | ||||||
7 | Grade Crossing Protection Fund ...........................$930 | ||||||
8 | Grant Accountability and / Transparency Fund .............$805 | ||||||
9 | Guardianship and & Advocacy Fund ......................$14,843 | ||||||
10 | Hazardous Waste Fund .....................................$835 | ||||||
11 | Health Facility Plan Review Fund .......................$1,776 | ||||||
12 | Health and Human Services Service Medicaid Trust Fund ..$6,554 | ||||||
13 | Healthcare Provider Relief Fund ......................$407,107 | ||||||
14 | Healthy Smiles Fund ......................................$738 | ||||||
15 | Home Care Services Agency Licensure Fund ...............$3,101 | ||||||
16 | Hospital Licensure Fund ................................$1,688 | ||||||
17 | Hospital Provider Fund ...............................$138,829 | ||||||
18 | ICCB Federal Trust Fund ...............................$9,968 | ||||||
19 | ICJIA Violence Prevention Fund ...........................$932 | ||||||
20 | Illinois IL Affordable Housing Trust Fund .............$17,236 | ||||||
21 | Illinois IL Clean Water Fund ...........................$2,152 | ||||||
22 | Illinois IL Community College Board | ||||||
23 | Contracts and Grants Fund ..........................$ 9,968 | ||||||
24 | Illinois IL Health Facilities Planning Fund ............$3,094 | ||||||
25 | IMSA Income Fund ......................................$12,417 | ||||||
26 | Illinois IL Power Agency Operations Fund ..............$62,583 |
| |||||||
| |||||||
1 | Illinois IL School Asbestos Abatement Fund ...............$784 | ||||||
2 | Illinois IL State Fair Fund ...........................$29,752 | ||||||
3 | Illinois IL State Police Memorial Park Fund ..............$681 | ||||||
4 | Illinois Telecommunications IL Telecom Access | ||||||
5 | Corporation Fund ...................................$1,668 | ||||||
6 | Illinois IL Underground Utility Facilities | ||||||
7 | Facility Damage Prevention Fund ....................$4,276 | ||||||
8 | Illinois IL Veterans' Rehabilitation Fund ..............$5,943 | ||||||
9 | Illinois IL Workers' Compensation Commission | ||||||
10 | Operations Fund ..................................$243,187 | ||||||
11 | Income Tax Refund Fund ................................$54,420 | ||||||
12 | Lead Poisoning Screening, Prevention, and | ||||||
13 | Abatement Fund ....................................$16,379 | ||||||
14 | Live and Learn Fund ...................................$25,492 | ||||||
15 | Lobbyist Registration Administration Fund ..............$1,471 | ||||||
16 | Local Government Distributive Fund ....................$44,025 | ||||||
17 | Long Term Care Monitor/Receiver Receive Fund ..........$42,016 | ||||||
18 | Long-Term Long Term Care Provider Fund ................$13,537 | ||||||
19 | Low-Level Radioactive Low Level Rad Facility | ||||||
20 | Development and Operation Dev & Op Fund ..............$618 | ||||||
21 | Mandatory Arbitration Fund .............................$2,104 | ||||||
22 | Medical Special Purposes Purpose Trust Fund ..............$786 | ||||||
23 | Mental Health Fund .....................................$9,376 | ||||||
24 | Mental Health Reporting Fund ...........................$1,443 | ||||||
25 | Metabolic Screening and & Treatment Fund ..............$32,049 | ||||||
26 | Monitoring Device Driving Permit Administration |
| |||||||
| |||||||
1 | Fee Fund ...........................................$1,616 | ||||||
2 | Motor Fuel Tax Fund ...................................$36,238 | ||||||
3 | Motor Vehicle License Plate Fund ......................$17,694 | ||||||
4 | Motor Vehicle Theft Prevention and Insurance | ||||||
5 | Verification Trust 10,970 | ||||||
6 | Multiple Sclerosis Research Fund .........................$758 | ||||||
7 | Nuclear Safety Emergency Preparedness Fund ............$26,117 | ||||||
8 | Nursing Dedicated and Professional Fund ................$2,420 | ||||||
9 | Open Space Lands Acquisition and & Development Fund ......$658 | ||||||
10 | Partners For Conservation Fund ........................$89,847 | ||||||
11 | Pension Stabilization Fund .............................$1,031 | ||||||
12 | Personal Property Tax Replacement Fund ...............$290,755 | ||||||
13 | Pesticide Control Fund ................................$30,513 | ||||||
14 | Plumbing Licensure and & Program Fund ..................$6,276 | ||||||
15 | Police Memorial Committee Fund ...........................$813 | ||||||
16 | Professional Services Fund ............................$72,029 | ||||||
17 | Public Health Laboratory Lab Services Revolving | ||||||
18 | Rev Fund ...........................................$5,816 | ||||||
19 | Public Transportation Fund ............................$46,826 | ||||||
20 | Public Utility Fund ..................................$198,423 | ||||||
21 | Radiation Protection Fund .............................$11,034 | ||||||
22 | Renewable Energy Resources Trust Fund ..................$7,834 | ||||||
23 | Road Fund ............................................$226,150 | ||||||
24 | Regional Transportation Authority RTA Occupation | ||||||
25 | and & Use Tax Replacement Fund (now the | ||||||
26 | Metropolitan Mobility Authority Occupation |
| |||||||
| |||||||
1 | and Use Tax Replacement Fund) ......................$1,167 | ||||||
2 | School Infrastructure Fund .............................$7,749 | ||||||
3 | Secretary of State DUI Administration Fund .............$2,694 | ||||||
4 | Secretary of State Identification & Security | ||||||
5 | and Theft Prevention Fund .........................$12,676 | ||||||
6 | Secretary of State Police Services Fund ..................$717 | ||||||
7 | Secretary of State Special License Plate Fund ..........$4,203 | ||||||
8 | Secretary of State Special Services Fund ..............$34,491 | ||||||
9 | Securities Audit and Enforcement Fund ..................$8,198 | ||||||
10 | Solid Waste Management Fund ............................$1,613 | ||||||
11 | Special Olympics Illinois and Special | ||||||
12 | Children's Charities Fund ............................$852 | ||||||
13 | Special Education Medicaid Matching Fund ...............$5,131 | ||||||
14 | Sports Wagering Fund ...................................$4,450 | ||||||
15 | State and Local Sales Tax Reform Fund ..................$2,361 | ||||||
16 | State Construction Account Fund .......................$37,865 | ||||||
17 | State Gaming Fund .....................................$94,435 | ||||||
18 | State Garage Revolving Fund ............................$8,977 | ||||||
19 | State Lottery Fund ...................................$340,323 | ||||||
20 | State Pensions Fund ..................................$500,000 | ||||||
21 | State Treasurer's Bank Services Trust Fund .............$1,295 | ||||||
22 | Supreme Court Special Purposes Fund ....................$1,722 | ||||||
23 | Tattoo and & Body Piercing Establishment | ||||||
24 | Registration Fund ....................................$950 | ||||||
25 | Tax Compliance and & Administration Fund ...............$1,483 | ||||||
26 | Technology Management Revolving Fund .................$186,193 |
| |||||||
| |||||||
1 | Tobacco Settlement Recovery Fund ......................$29,864 | ||||||
2 | Tourism Promotion Fund ................................$50,155 | ||||||
3 | Transportation Regulatory Fund ........................$78,256 | ||||||
4 | Trauma Center Fund .....................................$1,960 | ||||||
5 | Underground Storage Tank Fund ..........................$3,630 | ||||||
6 | University of Illinois IL Hospital Services Fund .......$6,712 | ||||||
7 | Vehicle Hijacking and Motor Vehicle | ||||||
8 | Theft Prevention and Insurance | ||||||
9 | Verification Trust Fund ...........................$10,970 | ||||||
10 | Vehicle Inspection Fund ................................$5,069 | ||||||
11 | Weights and Measures Fund .............................$22,129 | ||||||
12 | Youth Alcoholism and & Substance Abuse Prevention Fund ...$526 | ||||||
13 | Notwithstanding any provision of the law to the contrary, | ||||||
14 | the General Assembly hereby authorizes the use of such funds | ||||||
15 | for the purposes set forth in this Section. | ||||||
16 | These provisions do not apply to funds classified by the | ||||||
17 | Comptroller as federal trust funds or State trust funds. The | ||||||
18 | Audit Expense Fund may receive transfers from those trust | ||||||
19 | funds only as directed herein, except where prohibited by the | ||||||
20 | terms of the trust fund agreement. The Auditor General shall | ||||||
21 | notify the trustees of those funds of the estimated cost of the | ||||||
22 | audit to be incurred under the Illinois State Auditing Act for | ||||||
23 | the fund. The trustees of those funds shall direct the State | ||||||
24 | Comptroller and Treasurer to transfer the estimated amount to | ||||||
25 | the Audit Expense Fund. | ||||||
26 | The Auditor General may bill entities that are not subject |
| |||||||
| |||||||
1 | to the above transfer provisions, including private entities, | ||||||
2 | related organizations and entities whose funds are | ||||||
3 | locally-held, for the cost of audits, studies, and | ||||||
4 | investigations incurred on their behalf. Any revenues received | ||||||
5 | under this provision shall be deposited into the Audit Expense | ||||||
6 | Fund. | ||||||
7 | In the event that moneys on deposit in any fund are | ||||||
8 | unavailable, by reason of deficiency or any other reason | ||||||
9 | preventing their lawful transfer, the State Comptroller shall | ||||||
10 | order transferred and the State Treasurer shall transfer the | ||||||
11 | amount deficient or otherwise unavailable from the General | ||||||
12 | Revenue Fund for deposit into the Audit Expense Fund. | ||||||
13 | On or before December 1, 1992, and each December 1 | ||||||
14 | thereafter, the Auditor General shall notify the Governor's | ||||||
15 | Office of Management and Budget (formerly Bureau of the | ||||||
16 | Budget) of the amount estimated to be necessary to pay for | ||||||
17 | audits, studies, and investigations in accordance with the | ||||||
18 | Illinois State Auditing Act during the next succeeding fiscal | ||||||
19 | year for each State fund for which a transfer or reimbursement | ||||||
20 | is anticipated. | ||||||
21 | Beginning with fiscal year 1994 and during each fiscal | ||||||
22 | year thereafter, the Auditor General may direct the State | ||||||
23 | Comptroller and Treasurer to transfer moneys from funds | ||||||
24 | authorized by the General Assembly for that fund. In the event | ||||||
25 | funds, including federal and State trust funds but excluding | ||||||
26 | the General Revenue Fund, are transferred, during fiscal year |
| |||||||
| |||||||
1 | 1994 and during each fiscal year thereafter, in excess of the | ||||||
2 | amount to pay actual costs attributable to audits, studies, | ||||||
3 | and investigations as permitted or required by the Illinois | ||||||
4 | State Auditing Act or specific action of the General Assembly, | ||||||
5 | the Auditor General shall, on September 30, or as soon | ||||||
6 | thereafter as is practicable, direct the State Comptroller and | ||||||
7 | Treasurer to transfer the excess amount back to the fund from | ||||||
8 | which it was originally transferred. | ||||||
9 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
10 | 103-8, eff. 6-7-23; 103-129, eff. 6-30-23; revised 11-21-23.) | ||||||
11 | (30 ILCS 105/6z-109) | ||||||
12 | Sec. 6z-109. Metropolitan Mobility Regional Transportation | ||||||
13 | Authority Capital Improvement Fund. | ||||||
14 | (a) The Metropolitan Mobility Regional Transportation | ||||||
15 | Authority Capital Improvement Fund is created as a special | ||||||
16 | fund in the State treasury and shall receive a portion of the | ||||||
17 | moneys deposited into the Transportation Renewal Fund from | ||||||
18 | Motor Fuel Tax revenues pursuant to Section 8b of the Motor | ||||||
19 | Fuel Tax Law. | ||||||
20 | (b) Money in the Metropolitan Mobility Regional | ||||||
21 | Transportation Authority Capital Improvement Fund shall be | ||||||
22 | used exclusively for transportation-related purposes as | ||||||
23 | described in Section 11 of Article IX of the Illinois | ||||||
24 | Constitution of 1970. | ||||||
25 | (Source: P.A. 101-30, eff. 6-28-19.) |
| |||||||
| |||||||
1 | (30 ILCS 105/8.3) | ||||||
2 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
3 | State of Illinois incurs any bonded indebtedness for the | ||||||
4 | construction of permanent highways, be set aside and used for | ||||||
5 | the purpose of paying and discharging annually the principal | ||||||
6 | and interest on that bonded indebtedness then due and payable, | ||||||
7 | and for no other purpose. The surplus, if any, in the Road Fund | ||||||
8 | after the payment of principal and interest on that bonded | ||||||
9 | indebtedness then annually due shall be used as follows: | ||||||
10 | first -- to pay the cost of administration of Chapters | ||||||
11 | 2 through 10 of the Illinois Vehicle Code, except the cost | ||||||
12 | of administration of Articles I and II of Chapter 3 of that | ||||||
13 | Code, and to pay the costs of the Executive Ethics | ||||||
14 | Commission for oversight and administration of the Chief | ||||||
15 | Procurement Officer appointed under paragraph (2) of | ||||||
16 | subsection (a) of Section 10-20 of the Illinois | ||||||
17 | Procurement Code for transportation; and | ||||||
18 | secondly -- for expenses of the Department of | ||||||
19 | Transportation for construction, reconstruction, | ||||||
20 | improvement, repair, maintenance, operation, and | ||||||
21 | administration of highways in accordance with the | ||||||
22 | provisions of laws relating thereto, or for any purpose | ||||||
23 | related or incident to and connected therewith, including | ||||||
24 | the separation of grades of those highways with railroads | ||||||
25 | and with highways and including the payment of awards made |
| |||||||
| |||||||
1 | by the Illinois Workers' Compensation Commission under the | ||||||
2 | terms of the Workers' Compensation Act or Workers' | ||||||
3 | Occupational Diseases Act for injury or death of an | ||||||
4 | employee of the Division of Highways in the Department of | ||||||
5 | Transportation; or for the acquisition of land and the | ||||||
6 | erection of buildings for highway purposes, including the | ||||||
7 | acquisition of highway right-of-way or for investigations | ||||||
8 | to determine the reasonably anticipated future highway | ||||||
9 | needs; or for making of surveys, plans, specifications and | ||||||
10 | estimates for and in the construction and maintenance of | ||||||
11 | flight strips and of highways necessary to provide access | ||||||
12 | to military and naval reservations, to defense industries | ||||||
13 | and defense-industry sites, and to the sources of raw | ||||||
14 | materials and for replacing existing highways and highway | ||||||
15 | connections shut off from general public use at military | ||||||
16 | and naval reservations and defense-industry sites, or for | ||||||
17 | the purchase of right-of-way, except that the State shall | ||||||
18 | be reimbursed in full for any expense incurred in building | ||||||
19 | the flight strips; or for the operating and maintaining of | ||||||
20 | highway garages; or for patrolling and policing the public | ||||||
21 | highways and conserving the peace; or for the operating | ||||||
22 | expenses of the Department relating to the administration | ||||||
23 | of public transportation programs; or, during fiscal year | ||||||
24 | 2023, for the purposes of a grant not to exceed $8,394,800 | ||||||
25 | to the Regional Transportation Authority (now the | ||||||
26 | Metropolitan Mobility Transportation Authority) on behalf |
| |||||||
| |||||||
1 | of PACE for the purpose of ADA/Para-transit expenses; or, | ||||||
2 | during fiscal year 2024, for the purposes of a grant not to | ||||||
3 | exceed $9,108,400 to the Regional Transportation Authority | ||||||
4 | (now the Metropolitan Mobility Transportation Authority) | ||||||
5 | on behalf of PACE for the purpose of ADA/Para-transit | ||||||
6 | expenses; or for any of those purposes or any other | ||||||
7 | purpose that may be provided by law. | ||||||
8 | Appropriations for any of those purposes are payable from | ||||||
9 | the Road Fund. Appropriations may also be made from the Road | ||||||
10 | Fund for the administrative expenses of any State agency that | ||||||
11 | are related to motor vehicles or arise from the use of motor | ||||||
12 | vehicles. | ||||||
13 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
14 | Fund monies shall be appropriated to the following Departments | ||||||
15 | or agencies of State government for administration, grants, or | ||||||
16 | operations; but this limitation is not a restriction upon | ||||||
17 | appropriating for those purposes any Road Fund monies that are | ||||||
18 | eligible for federal reimbursement: | ||||||
19 | 1. Department of Public Health; | ||||||
20 | 2. Department of Transportation, only with respect to | ||||||
21 | subsidies for one-half fare Student Transportation and | ||||||
22 | Reduced Fare for Elderly, except fiscal year 2023 when no | ||||||
23 | more than $17,570,000 may be expended and except fiscal | ||||||
24 | year 2024 when no more than $19,063,500 may be expended; | ||||||
25 | 3. Department of Central Management Services, except | ||||||
26 | for expenditures incurred for group insurance premiums of |
| |||||||
| |||||||
1 | appropriate personnel; | ||||||
2 | 4. Judicial Systems and Agencies. | ||||||
3 | Beginning with fiscal year 1981 and thereafter, no Road | ||||||
4 | Fund monies shall be appropriated to the following Departments | ||||||
5 | or agencies of State government for administration, grants, or | ||||||
6 | operations; but this limitation is not a restriction upon | ||||||
7 | appropriating for those purposes any Road Fund monies that are | ||||||
8 | eligible for federal reimbursement: | ||||||
9 | 1. Illinois State Police, except for expenditures with | ||||||
10 | respect to the Division of Patrol and Division of Criminal | ||||||
11 | Investigation; | ||||||
12 | 2. Department of Transportation, only with respect to | ||||||
13 | Intercity Rail Subsidies, except fiscal year 2023 when no | ||||||
14 | more than $55,000,000 may be expended and except fiscal | ||||||
15 | year 2024 when no more than $60,000,000 may be expended, | ||||||
16 | and Rail Freight Services. | ||||||
17 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
18 | Fund monies shall be appropriated to the following Departments | ||||||
19 | or agencies of State government for administration, grants, or | ||||||
20 | operations; but this limitation is not a restriction upon | ||||||
21 | appropriating for those purposes any Road Fund monies that are | ||||||
22 | eligible for federal reimbursement: Department of Central | ||||||
23 | Management Services, except for awards made by the Illinois | ||||||
24 | Workers' Compensation Commission under the terms of the | ||||||
25 | Workers' Compensation Act or Workers' Occupational Diseases | ||||||
26 | Act for injury or death of an employee of the Division of |
| |||||||
| |||||||
1 | Highways in the Department of Transportation. | ||||||
2 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
3 | Fund monies shall be appropriated to the following Departments | ||||||
4 | or agencies of State government for administration, grants, or | ||||||
5 | operations; but this limitation is not a restriction upon | ||||||
6 | appropriating for those purposes any Road Fund monies that are | ||||||
7 | eligible for federal reimbursement: | ||||||
8 | 1. Illinois State Police, except not more than 40% of | ||||||
9 | the funds appropriated for the Division of Patrol and | ||||||
10 | Division of Criminal Investigation; | ||||||
11 | 2. State Officers. | ||||||
12 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
13 | Fund monies shall be appropriated to any Department or agency | ||||||
14 | of State government for administration, grants, or operations | ||||||
15 | except as provided hereafter; but this limitation is not a | ||||||
16 | restriction upon appropriating for those purposes any Road | ||||||
17 | Fund monies that are eligible for federal reimbursement. It | ||||||
18 | shall not be lawful to circumvent the above appropriation | ||||||
19 | limitations by governmental reorganization or other methods. | ||||||
20 | Appropriations shall be made from the Road Fund only in | ||||||
21 | accordance with the provisions of this Section. | ||||||
22 | Money in the Road Fund shall, if and when the State of | ||||||
23 | Illinois incurs any bonded indebtedness for the construction | ||||||
24 | of permanent highways, be set aside and used for the purpose of | ||||||
25 | paying and discharging during each fiscal year the principal | ||||||
26 | and interest on that bonded indebtedness as it becomes due and |
| |||||||
| |||||||
1 | payable as provided in the Transportation Bond Act, and for no | ||||||
2 | other purpose. The surplus, if any, in the Road Fund after the | ||||||
3 | payment of principal and interest on that bonded indebtedness | ||||||
4 | then annually due shall be used as follows: | ||||||
5 | first -- to pay the cost of administration of Chapters | ||||||
6 | 2 through 10 of the Illinois Vehicle Code; and | ||||||
7 | secondly -- no Road Fund monies derived from fees, | ||||||
8 | excises, or license taxes relating to registration, | ||||||
9 | operation and use of vehicles on public highways or to | ||||||
10 | fuels used for the propulsion of those vehicles, shall be | ||||||
11 | appropriated or expended other than for costs of | ||||||
12 | administering the laws imposing those fees, excises, and | ||||||
13 | license taxes, statutory refunds and adjustments allowed | ||||||
14 | thereunder, administrative costs of the Department of | ||||||
15 | Transportation, including, but not limited to, the | ||||||
16 | operating expenses of the Department relating to the | ||||||
17 | administration of public transportation programs, payment | ||||||
18 | of debts and liabilities incurred in construction and | ||||||
19 | reconstruction of public highways and bridges, acquisition | ||||||
20 | of rights-of-way for and the cost of construction, | ||||||
21 | reconstruction, maintenance, repair, and operation of | ||||||
22 | public highways and bridges under the direction and | ||||||
23 | supervision of the State, political subdivision, or | ||||||
24 | municipality collecting those monies, or during fiscal | ||||||
25 | year 2023 for the purposes of a grant not to exceed | ||||||
26 | $8,394,800 to the Regional Transportation Authority (now |
| |||||||
| |||||||
1 | the Metropolitan Mobility Transportation Authority) on | ||||||
2 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
3 | expenses, or during fiscal year 2024 for the purposes of a | ||||||
4 | grant not to exceed $9,108,400 to the Regional | ||||||
5 | Transportation Authority (now the Metropolitan Mobility | ||||||
6 | Transportation Authority) on behalf of PACE for the | ||||||
7 | purpose of ADA/Para-transit expenses, and the costs for | ||||||
8 | patrolling and policing the public highways (by the State, | ||||||
9 | political subdivision, or municipality collecting that | ||||||
10 | money) for enforcement of traffic laws. The separation of | ||||||
11 | grades of such highways with railroads and costs | ||||||
12 | associated with protection of at-grade highway and | ||||||
13 | railroad crossing shall also be permissible. | ||||||
14 | Appropriations for any of such purposes are payable from | ||||||
15 | the Road Fund or the Grade Crossing Protection Fund as | ||||||
16 | provided in Section 8 of the Motor Fuel Tax Law. | ||||||
17 | Except as provided in this paragraph, beginning with | ||||||
18 | fiscal year 1991 and thereafter, no Road Fund monies shall be | ||||||
19 | appropriated to the Illinois State Police for the purposes of | ||||||
20 | this Section in excess of its total fiscal year 1990 Road Fund | ||||||
21 | appropriations for those purposes unless otherwise provided in | ||||||
22 | Section 5g of this Act. For fiscal years 2003, 2004, 2005, | ||||||
23 | 2006, and 2007 only, no Road Fund monies shall be appropriated | ||||||
24 | to the Department of State Police for the purposes of this | ||||||
25 | Section in excess of $97,310,000. For fiscal year 2008 only, | ||||||
26 | no Road Fund monies shall be appropriated to the Department of |
| |||||||
| |||||||
1 | State Police for the purposes of this Section in excess of | ||||||
2 | $106,100,000. For fiscal year 2009 only, no Road Fund monies | ||||||
3 | shall be appropriated to the Department of State Police for | ||||||
4 | the purposes of this Section in excess of $114,700,000. | ||||||
5 | Beginning in fiscal year 2010, no Road Fund road fund moneys | ||||||
6 | shall be appropriated to the Illinois State Police. It shall | ||||||
7 | not be lawful to circumvent this limitation on appropriations | ||||||
8 | by governmental reorganization or other methods unless | ||||||
9 | otherwise provided in Section 5g of this Act. | ||||||
10 | In fiscal year 1994, no Road Fund monies shall be | ||||||
11 | appropriated to the Secretary of State for the purposes of | ||||||
12 | this Section in excess of the total fiscal year 1991 Road Fund | ||||||
13 | appropriations to the Secretary of State for those purposes, | ||||||
14 | plus $9,800,000. It shall not be lawful to circumvent this | ||||||
15 | limitation on appropriations by governmental reorganization or | ||||||
16 | other method. | ||||||
17 | Beginning with fiscal year 1995 and thereafter, no Road | ||||||
18 | Fund monies shall be appropriated to the Secretary of State | ||||||
19 | for the purposes of this Section in excess of the total fiscal | ||||||
20 | year 1994 Road Fund appropriations to the Secretary of State | ||||||
21 | for those purposes. It shall not be lawful to circumvent this | ||||||
22 | limitation on appropriations by governmental reorganization or | ||||||
23 | other methods. | ||||||
24 | Beginning with fiscal year 2000, total Road Fund | ||||||
25 | appropriations to the Secretary of State for the purposes of | ||||||
26 | this Section shall not exceed the amounts specified for the |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | following fiscal years: | |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
12 | For fiscal year 2010, no road fund moneys shall be | |||||||||||||||||||||||||||||||||||||||||
13 | appropriated to the Secretary of State. | |||||||||||||||||||||||||||||||||||||||||
14 | Beginning in fiscal year 2011, moneys in the Road Fund | |||||||||||||||||||||||||||||||||||||||||
15 | shall be appropriated to the Secretary of State for the | |||||||||||||||||||||||||||||||||||||||||
16 | exclusive purpose of paying refunds due to overpayment of fees | |||||||||||||||||||||||||||||||||||||||||
17 | related to Chapter 3 of the Illinois Vehicle Code unless | |||||||||||||||||||||||||||||||||||||||||
18 | otherwise provided for by law. | |||||||||||||||||||||||||||||||||||||||||
19 | It shall not be lawful to circumvent this limitation on | |||||||||||||||||||||||||||||||||||||||||
20 | appropriations by governmental reorganization or other | |||||||||||||||||||||||||||||||||||||||||
21 | methods. | |||||||||||||||||||||||||||||||||||||||||
22 | No new program may be initiated in fiscal year 1991 and | |||||||||||||||||||||||||||||||||||||||||
23 | thereafter that is not consistent with the limitations imposed | |||||||||||||||||||||||||||||||||||||||||
24 | by this Section for fiscal year 1984 and thereafter, insofar | |||||||||||||||||||||||||||||||||||||||||
25 | as appropriation of Road Fund monies is concerned. | |||||||||||||||||||||||||||||||||||||||||
26 | Nothing in this Section prohibits transfers from the Road |
| |||||||
| |||||||
1 | Fund to the State Construction Account Fund under Section 5e | ||||||
2 | of this Act; nor to the General Revenue Fund, as authorized by | ||||||
3 | Public Act 93-25. | ||||||
4 | The additional amounts authorized for expenditure in this | ||||||
5 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 | ||||||
6 | shall be repaid to the Road Fund from the General Revenue Fund | ||||||
7 | in the next succeeding fiscal year that the General Revenue | ||||||
8 | Fund has a positive budgetary balance, as determined by | ||||||
9 | generally accepted accounting principles applicable to | ||||||
10 | government. | ||||||
11 | The additional amounts authorized for expenditure by the | ||||||
12 | Secretary of State and the Department of State Police in this | ||||||
13 | Section by Public Act 94-91 shall be repaid to the Road Fund | ||||||
14 | from the General Revenue Fund in the next succeeding fiscal | ||||||
15 | year that the General Revenue Fund has a positive budgetary | ||||||
16 | balance, as determined by generally accepted accounting | ||||||
17 | principles applicable to government. | ||||||
18 | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | ||||||
19 | 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. | ||||||
20 | 6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.) | ||||||
21 | (30 ILCS 105/8.25g) | ||||||
22 | Sec. 8.25g. The Civic and Transit Infrastructure Fund. The | ||||||
23 | Civic and Transit Infrastructure Fund is created as a special | ||||||
24 | fund in the State treasury Treasury . Money in the Civic and | ||||||
25 | Transit Infrastructure Fund shall, when the State of Illinois |
| |||||||
| |||||||
1 | incurs infrastructure indebtedness pursuant to the | ||||||
2 | public-private partnership entered into by the public agency | ||||||
3 | on behalf of the State of Illinois with private entity | ||||||
4 | pursuant to the Public-Private Partnership for Civic and | ||||||
5 | Transit Infrastructure Project Act, be used for the purpose of | ||||||
6 | paying and discharging monthly the principal and interest on | ||||||
7 | that infrastructure indebtedness then due and payable | ||||||
8 | consistent with the term established in the public-private | ||||||
9 | agreement entered into by the public agency on behalf of the | ||||||
10 | State of Illinois. The public agency shall, pursuant to its | ||||||
11 | authority under the Public-Private Partnership for Civic and | ||||||
12 | Transit Infrastructure Project Act, annually certify to the | ||||||
13 | State Comptroller and the State Treasurer the amount necessary | ||||||
14 | and required, during the fiscal year with respect to which the | ||||||
15 | certification is made, to pay the amounts due under the | ||||||
16 | Public-Private Partnership for Civic and Transit | ||||||
17 | Infrastructure Project Act. On or before the last day of each | ||||||
18 | month, the State Comptroller and State Treasurer shall | ||||||
19 | transfer the moneys required to be deposited into the Fund | ||||||
20 | under Section 3 of the Retailers' Occupation Tax Act and the | ||||||
21 | Public-Private Partnership for Civic and Transit | ||||||
22 | Infrastructure Project Act and shall pay from that Fund the | ||||||
23 | required amount certified by the public agency, plus any | ||||||
24 | cumulative deficiency in such transfers and payments for prior | ||||||
25 | months, to the public agency for distribution pursuant to the | ||||||
26 | Public-Private Partnership for Civic and Transit |
| |||||||
| |||||||
1 | Infrastructure Project Act. Such transferred amount shall be | ||||||
2 | sufficient to pay all amounts due under the Public-Private | ||||||
3 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
4 | Provided that all amounts deposited in the Fund have been paid | ||||||
5 | accordingly under the Public-Private Partnership for Civic and | ||||||
6 | Transit Infrastructure Project Act, all amounts remaining in | ||||||
7 | the Civic and Transit Infrastructure Fund shall be held in | ||||||
8 | that Fund for other subsequent payments required under the | ||||||
9 | Public-Private Partnership for Civic and Transit | ||||||
10 | Infrastructure Project Act. In the event the State fails to | ||||||
11 | pay the amount necessary and required under the Public-Private | ||||||
12 | Partnership for Civic and Transit Infrastructure Project Act | ||||||
13 | for any reason during the fiscal year with respect to which the | ||||||
14 | certification is made or if the State takes any steps that | ||||||
15 | result in an impact to the irrevocable, first priority pledge | ||||||
16 | of and lien on moneys on deposit in the Civic and Transit | ||||||
17 | Infrastructure Fund, the public agency shall certify such | ||||||
18 | delinquent amounts to the State Comptroller and the State | ||||||
19 | Treasurer and the State Comptroller and the State Treasurer | ||||||
20 | shall take all steps required to intercept the tax revenues | ||||||
21 | collected from within the boundary of the civic transit | ||||||
22 | infrastructure project pursuant to Section 3 of the Retailers' | ||||||
23 | Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of | ||||||
24 | the Service Use Tax Act, Section 9 of the Service Occupation | ||||||
25 | Tax Act, Section 6.02 4.03 of the Metropolitan Mobility | ||||||
26 | Regional Transportation Authority Act, and Section 6 of the |
| |||||||
| |||||||
1 | Hotel Operators' Occupation Tax Act, and shall pay such | ||||||
2 | amounts to the Fund for distribution by the public agency for | ||||||
3 | the time period required to ensure that the State's | ||||||
4 | distribution requirements under the Public-Private Partnership | ||||||
5 | for Civic and Transit Infrastructure Project Act are fully | ||||||
6 | met. | ||||||
7 | As used in the Section, "private entity", "public-private | ||||||
8 | agreement", and "public agency" have meanings provided in | ||||||
9 | Section 25-10 of the Public-Private Partnership for Civic and | ||||||
10 | Transit Infrastructure Project Act. | ||||||
11 | (Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.) | ||||||
12 | Section 20.14. The State Officers and Employees Money | ||||||
13 | Disposition Act is amended by changing Section 2a as follows: | ||||||
14 | (30 ILCS 230/2a) (from Ch. 127, par. 172) | ||||||
15 | Sec. 2a. Every officer, board, commission, commissioner, | ||||||
16 | department, institute, arm, or agency to whom or to which this | ||||||
17 | Act applies is to notify the State Treasurer as to money paid | ||||||
18 | to him, her, or it under protest as provided in Section 2a.1, | ||||||
19 | and the Treasurer is to place the money in a special fund to be | ||||||
20 | known as the protest fund. At the expiration of 30 days from | ||||||
21 | the date of payment, the money is to be transferred from the | ||||||
22 | protest fund to the appropriate fund in which it would have | ||||||
23 | been placed had there been payment without protest unless the | ||||||
24 | party making that payment under protest has filed a complaint |
| |||||||
| |||||||
1 | and secured within that 30 days a temporary restraining order | ||||||
2 | or a preliminary injunction, restraining the making of that | ||||||
3 | transfer and unless, in addition, within that 30 days, a copy | ||||||
4 | of the temporary restraining order or preliminary injunction | ||||||
5 | has been served upon the State Treasurer and also upon the | ||||||
6 | officer, board, commission, commissioner, department, | ||||||
7 | institute, arm, or agency to whom or to which the payment under | ||||||
8 | protest was made, in which case the payment and such other | ||||||
9 | payments as are subsequently made under notice of protest, as | ||||||
10 | provided in Section 2a.1, by the same person, the transfer of | ||||||
11 | which payments is restrained by such temporary restraining | ||||||
12 | order or preliminary injunction, are to be held in the protest | ||||||
13 | fund until the final order or judgment of the court. The | ||||||
14 | judicial remedy herein provided, however, relates only to | ||||||
15 | questions which must be decided by the court in determining | ||||||
16 | the proper disposition of the moneys paid under protest. Any | ||||||
17 | authorized payment from the protest fund shall bear simple | ||||||
18 | interest at a rate equal to the average of the weekly rates at | ||||||
19 | issuance on 13-week U.S. Treasury Bills from the date of | ||||||
20 | deposit into the protest fund to the date of disbursement from | ||||||
21 | the protest fund. In cases involving temporary restraining | ||||||
22 | orders or preliminary injunctions entered March 10, 1982, or | ||||||
23 | thereafter, pursuant to this Section, when the party paying | ||||||
24 | under protest fails in the protest action the State Treasurer | ||||||
25 | shall determine if any moneys paid under protest were paid as a | ||||||
26 | result of assessments under the following provisions: the |
| |||||||
| |||||||
1 | Municipal Retailers' Occupation Tax Act, the Municipal Service | ||||||
2 | Occupation Tax Act, the Municipal Use Tax Act, the Municipal | ||||||
3 | Automobile Renting Occupation Tax Act, the Municipal | ||||||
4 | Automobile Renting Use Tax Act, Section 8-11-9 of the Illinois | ||||||
5 | Municipal Code, the Tourism, Conventions and Other Special | ||||||
6 | Events Promotion Act of 1967, the County Automobile Renting | ||||||
7 | Occupation Tax Act, the County Automobile Renting Use Tax Act, | ||||||
8 | Section 5-1034 of the Counties Code, Section 5.01 of the Local | ||||||
9 | Mass Transit District Act, the Downstate Public Transportation | ||||||
10 | Act, Section 6.02 4.03 of the Metropolitan Mobility Regional | ||||||
11 | Transportation Authority Act, subsections (c) and (d) of | ||||||
12 | Section 201 of the Illinois Income Tax Act, Section 2a.1 of the | ||||||
13 | Messages Tax Act, Section 2a.1 of the Gas Revenue Tax Act, | ||||||
14 | Section 2a.1 of the Public Utilities Revenue Act, and the | ||||||
15 | Water Company Invested Capital Tax Act. Any such moneys paid | ||||||
16 | under protest shall bear simple interest at a rate equal to the | ||||||
17 | average of the weekly rates at issuance on 13-week U.S. | ||||||
18 | Treasury Bills from the date of deposit into the protest fund | ||||||
19 | to the date of disbursement from the protest fund. | ||||||
20 | It is unlawful for the Clerk of a court, a bank or any | ||||||
21 | person other than the State Treasurer to be appointed as | ||||||
22 | trustee with respect to any purported payment under protest, | ||||||
23 | or otherwise to be authorized by a court to hold any purported | ||||||
24 | payment under protest, during the pendency of the litigation | ||||||
25 | involving such purported payment under protest, it being the | ||||||
26 | expressed intention of the General Assembly that no one is to |
| |||||||
| |||||||
1 | act as custodian of any such purported payment under protest | ||||||
2 | except the State Treasurer. | ||||||
3 | No payment under protest within the meaning of this Act | ||||||
4 | has been made unless paid to an officer, board, commission, | ||||||
5 | commissioner, department, institute, arm or agency brought | ||||||
6 | within this Act by Section 1 and unless made in the form | ||||||
7 | specified by Section 2a.1. No payment into court or to a | ||||||
8 | circuit clerk or other court-appointed trustee is a payment | ||||||
9 | under protest within the meaning of this Act. | ||||||
10 | (Source: P.A. 87-950.) | ||||||
11 | Section 20.15. The Transportation Bond Act is amended by | ||||||
12 | changing Section 2 as follows: | ||||||
13 | (30 ILCS 415/2) (from Ch. 127, par. 702) | ||||||
14 | Sec. 2. The State of Illinois is authorized to issue, sell | ||||||
15 | and provide for the retirement of bonds of the State of | ||||||
16 | Illinois in the amount of $1,729,000,000, hereinafter called | ||||||
17 | the "Bonds", for the specific purpose of promoting and | ||||||
18 | assuring rapid, efficient, and safe highway, air and mass | ||||||
19 | transportation for the inhabitants of the State by providing | ||||||
20 | monies, including the making of grants and loans, to be used | ||||||
21 | for the acquisition, construction, reconstruction, extension | ||||||
22 | and improvement of the following transportation facilities and | ||||||
23 | equipment and for the acquisition of real property and | ||||||
24 | interests in real property required or expected to be required |
| |||||||
| |||||||
1 | in connection therewith, and within the limitations set forth | ||||||
2 | in Section 5.1 of this Act for the specific purpose set forth | ||||||
3 | in Section 2(b) (2) and (3) of this Act: | ||||||
4 | (a) (1) the acquisition, construction, reconstruction, | ||||||
5 | extension and improvement of State highways, arterial | ||||||
6 | highways, freeways, roads, structures separating highways and | ||||||
7 | railroads and bridges; and | ||||||
8 | (2) the repair and reconstruction of bridges on roads | ||||||
9 | maintained by counties, municipalities, townships or road | ||||||
10 | districts; | ||||||
11 | (b) (1) the acquisition, construction, extension, | ||||||
12 | reconstruction and improvement of mass transportation | ||||||
13 | facilities including rapid transit, rail, bus and other | ||||||
14 | equipment used in connection therewith by the State or any | ||||||
15 | unit of local government, special transportation district, | ||||||
16 | municipal corporation or other corporation or public authority | ||||||
17 | authorized to provide and promote public transportation within | ||||||
18 | the State or two or more of the foregoing acting jointly; and | ||||||
19 | (2) for the purpose of providing immediate relief from | ||||||
20 | existing or impending inability to meet principal and interest | ||||||
21 | payments and thereby aiding in achieving the maximum benefit | ||||||
22 | for the public from the transportation capital improvement | ||||||
23 | program, to provide funds for any payments required to be made | ||||||
24 | for principal of and interest on bonds, certificates, | ||||||
25 | equipment trust certificates or other evidences of | ||||||
26 | indebtedness issued or guaranteed prior to the passage of this |
| |||||||
| |||||||
1 | Act by the State or any unit of local government, special | ||||||
2 | transportation district, municipal corporation or other | ||||||
3 | corporation or public authority authorized to provide public | ||||||
4 | transportation within the State, or two or more of the | ||||||
5 | foregoing acting jointly, pursuant to any indenture, | ||||||
6 | ordinance, resolution, agreement or contract to obtain and | ||||||
7 | finance transportation facilities; and, | ||||||
8 | (3) for the purpose of reimbursing the General Revenue | ||||||
9 | Fund for monies paid from the General Revenue Fund after | ||||||
10 | passage of this Act for the purpose described in Section 2(b) | ||||||
11 | (2). | ||||||
12 | (c) the acquisition, construction, extension, | ||||||
13 | reconstruction, and improvement of airport or aviation | ||||||
14 | facilities and any equipment used in connection therewith, | ||||||
15 | including reimbursement for certain engineering and land | ||||||
16 | acquisition costs as provided in Section 34a of the "Illinois | ||||||
17 | Aeronautics Act", approved July 24, 1945, as amended, by the | ||||||
18 | State or any unit of local government, special transportation | ||||||
19 | district, municipal corporation or other corporation or public | ||||||
20 | authority authorized to provide public transportation within | ||||||
21 | the State or two or more of the foregoing acting jointly. | ||||||
22 | $1,326,000,000 of the Bonds will be used for State highway | ||||||
23 | acquisition, construction, reconstruction, extension and | ||||||
24 | improvement as specifically described herein, hereinafter | ||||||
25 | called the "Transportation Bonds, Series A". $363,000,000 of | ||||||
26 | the Bonds will be used for the mass transportation purposes |
| |||||||
| |||||||
1 | specifically described herein and $40,000,000 of the Bonds | ||||||
2 | will be used for the aviation purposes specifically described | ||||||
3 | herein, such $403,000,000 of Bonds collectively hereinafter | ||||||
4 | called the "Transportation Bonds, Series B". | ||||||
5 | The $75,000,000 authorized for mass transportation | ||||||
6 | purposes by this amendatory Act of 1973 shall be used for the | ||||||
7 | acquisition of mass transportation equipment including rail | ||||||
8 | and bus, and other equipment used in connection therewith for | ||||||
9 | the area comprising the counties of DuPage, Kane, Lake, | ||||||
10 | McHenry and Will, and that portion of the County of Cook | ||||||
11 | outside the City of Chicago, as determined by the Metropolitan | ||||||
12 | Mobility Regional Transportation Authority established | ||||||
13 | pursuant to the Metropolitan Mobility "The Regional | ||||||
14 | Transportation Authority Act ", enacted by the 78th General | ||||||
15 | Assembly . The proceeds of the sale of such bonds shall be | ||||||
16 | expended only to, or with the approval of, such Authority. | ||||||
17 | Nothing in this paragraph prohibits that Authority from using | ||||||
18 | or approving the use of such proceeds for purposes of | ||||||
19 | acquisition of mass transportation equipment for use between | ||||||
20 | such area and other areas. | ||||||
21 | Of the Bonds authorized to be used for highway purposes, | ||||||
22 | the proceeds of $14,965,100 of such bonds shall be used by the | ||||||
23 | Department of Transportation for the purpose of the repair and | ||||||
24 | reconstruction of unsafe and substandard bridges on roads | ||||||
25 | maintained by counties, municipalities, townships and road | ||||||
26 | districts under the Illinois Highway Code and the proceeds of |
| |||||||
| |||||||
1 | $12,000,000 of such bonds shall be used by the Department of | ||||||
2 | Transportation for the same purposes as provided in Sections | ||||||
3 | 6-902 through 6-905 of the Illinois Highway Code. | ||||||
4 | Of the Bonds authorized to be sold for highway purposes, | ||||||
5 | the proceeds of $36,939,400 of the Bonds shall be used for such | ||||||
6 | purposes within the City of Chicago, the proceeds of | ||||||
7 | $42,457,000 of the Bonds shall be used for such purposes in the | ||||||
8 | Chicago urbanized area, the proceeds of $46,359,000 of the | ||||||
9 | bonds shall be used for such purposes outside the Chicago | ||||||
10 | urbanized area, the proceeds of $142,105,500 of the Bonds | ||||||
11 | shall be used for such purposes within the Counties of Cook, | ||||||
12 | DuPage, Kane, Lake, McHenry and Will, the proceeds of | ||||||
13 | $181,139,100 of the Bonds shall be used for such purposes | ||||||
14 | within the Counties of the State outside the Counties of Cook, | ||||||
15 | DuPage, Kane, Lake, McHenry and Will. | ||||||
16 | Of the $106,000,000 of Bonds authorized to be sold for | ||||||
17 | mass transportation purposes by this amendatory Act of 1979, | ||||||
18 | $98,000,000 of the Bonds shall be used for such purposes | ||||||
19 | within the Counties of Cook, DuPage, Kane, Lake, McHenry and | ||||||
20 | Will and the proceeds of $8,000,000 of the Bonds shall be used | ||||||
21 | for such purposes within the Counties of the State outside the | ||||||
22 | Counties of Cook, DuPage, Kane, Lake, McHenry and Will. | ||||||
23 | (Source: P.A. 86-453.) | ||||||
24 | Section 20.16. The Downstate Public Transportation Act is | ||||||
25 | amended by changing Sections 2-2.02, 3-1.02, and 4-1.7 as |
| |||||||
| |||||||
1 | follows: | ||||||
2 | (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02) | ||||||
3 | Sec. 2-2.02. "Participant" means: | ||||||
4 | (1) a city, village, or incorporated town, a county, or a | ||||||
5 | local mass transit district organized under the Local Mass | ||||||
6 | Transit District Act (a) serving an urbanized area of over | ||||||
7 | 50,000 population or (b) serving a nonurbanized area; or | ||||||
8 | (2) any Metro-East Transit District established pursuant | ||||||
9 | to Section 3 of the Local Mass Transit District Act and serving | ||||||
10 | one or more of the Counties of Madison, Monroe, and St. Clair | ||||||
11 | during Fiscal Year 1989, all located outside the boundaries of | ||||||
12 | the Metropolitan Mobility Regional Transportation Authority as | ||||||
13 | established pursuant to the Metropolitan Mobility Regional | ||||||
14 | Transportation Authority Act. | ||||||
15 | (Source: P.A. 94-70, eff. 6-22-05.) | ||||||
16 | (30 ILCS 740/3-1.02) (from Ch. 111 2/3, par. 683) | ||||||
17 | Sec. 3-1.02. "Participant" means any county located | ||||||
18 | outside the boundaries of the Metropolitan Mobility Regional | ||||||
19 | Transportation Authority as established under the Metropolitan | ||||||
20 | Mobility Regional Transportation Authority Act and outside the | ||||||
21 | Bi-State Metropolitan Development District established under | ||||||
22 | an Act approved July 26, 1949, except that beginning, July 1, | ||||||
23 | 1987 the counties within the boundaries of the Bi-State | ||||||
24 | Metropolitan Development District may be eligible for capital |
| |||||||
| |||||||
1 | assistance only, or within such county any municipality with | ||||||
2 | 20,000 or more population that is not included in an urbanized | ||||||
3 | area or the boundaries of a local mass transit district; or | ||||||
4 | within such county any municipality with 20,000 or less | ||||||
5 | population receiving State mass transportation operating | ||||||
6 | assistance under the Downstate Public Transportation Act | ||||||
7 | during Fiscal Year 1979; or within such county or counties a | ||||||
8 | local mass transit district organized under the Local local | ||||||
9 | Mass Transit District Act which is not included in an | ||||||
10 | urbanized area or the boundaries of a local mass transit | ||||||
11 | district which includes an urbanized area; provided, however, | ||||||
12 | that no such entity shall be eligible to participate unless it | ||||||
13 | agrees to adhere to the regulations and requirements of the | ||||||
14 | Secretary of Transportation of the federal Department of | ||||||
15 | Transportation affecting Section 18 assistance or any other | ||||||
16 | conditions as deemed reasonable and necessary by the Illinois | ||||||
17 | Department of Transportation. | ||||||
18 | (Source: P.A. 87-1235.) | ||||||
19 | (30 ILCS 740/4-1.7) (from Ch. 111 2/3, par. 699.7) | ||||||
20 | Sec. 4-1.7. "Participant" means (1) a city, village or | ||||||
21 | incorporated town, or a local mass transit district organized | ||||||
22 | under the Local Mass Transit District Act, that is named as a | ||||||
23 | designated recipient by the Governor, or is eligible to | ||||||
24 | receive federal UMTA Section 9 funds, or (2) the recipient | ||||||
25 | designated by the Governor within the Bi-State Metropolitan |
| |||||||
| |||||||
1 | Development District; provided that such entity is all located | ||||||
2 | outside the boundaries of the Metropolitan Mobility Regional | ||||||
3 | Transportation Authority as established pursuant to the | ||||||
4 | Metropolitan Mobility Regional Transportation Authority Act , | ||||||
5 | as amended, and has formally requested to participate in the | ||||||
6 | program defined in this Article. However, no such entity shall | ||||||
7 | be eligible to participate unless it agrees to adhere to the | ||||||
8 | regulations and requirements of the Secretary of | ||||||
9 | Transportation of the federal Department of Transportation | ||||||
10 | affecting UMTA Section 9 assistance or any other conditions | ||||||
11 | that are deemed reasonable and necessary by the Illinois | ||||||
12 | Department of Transportation. | ||||||
13 | (Source: P.A. 86-16.) | ||||||
14 | Section 20.17. The State Mandates Act is amended by | ||||||
15 | changing Section 8.47 and by adding Section 8.48 as follows: | ||||||
16 | (30 ILCS 805/8.47) | ||||||
17 | Sec. 8.47. Exempt mandate. | ||||||
18 | (a) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
19 | reimbursement by the State is required for the implementation | ||||||
20 | of any mandate created by Public Act 103-2, 103-110, 103-409, | ||||||
21 | 103-455, 103-529, 103-552, 103-553, 103-579, or 103-582 this | ||||||
22 | amendatory Act of the 103rd General Assembly . | ||||||
23 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
24 | reimbursement by the State is required for the implementation |
| |||||||
| |||||||
1 | of any mandate created by the Decennial Committees on Local | ||||||
2 | Government Efficiency Act. | ||||||
3 | (c) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
4 | reimbursement by the State is required for the implementation | ||||||
5 | of the mandate created by Section 2.10a of the Regional | ||||||
6 | Transportation Authority Act (now Section 4.25 of the | ||||||
7 | Metropolitan Mobility Authority Act) in Public Act 103-281 | ||||||
8 | this amendatory Act of the 103rd General Assembly . | ||||||
9 | (Source: P.A. 102-1136, eff. 2-10-23; 103-2, eff. 5-10-23; | ||||||
10 | 103-110, eff. 6-29-23; 103-281, eff. 1-1-24; 103-409, eff. | ||||||
11 | 1-1-24; 103-455, eff. 1-1-24; 103-529, eff. 8-11-23; 103-552, | ||||||
12 | eff. 8-11-23; 103-553, eff. 8-11-23; 103-579, eff. 12-8-23; | ||||||
13 | 103-582, eff. 12-8-23; revised 1-2-24.) | ||||||
14 | (30 ILCS 805/8.48 new) | ||||||
15 | Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and | ||||||
16 | 8 of this Act, no reimbursement by the State is required for | ||||||
17 | the implementation of any mandate created by this amendatory | ||||||
18 | Act of the 103rd General Assembly. | ||||||
19 | Section 20.18. The Use Tax Act is amended by changing | ||||||
20 | Sections 2b and 22 as follows: | ||||||
21 | (35 ILCS 105/2b) (from Ch. 120, par. 439.2b) | ||||||
22 | Sec. 2b. "Selling price" does shall not include any | ||||||
23 | amounts added to prices by sellers on account of the seller's |
| |||||||
| |||||||
1 | duty to collect any tax imposed under the Metropolitan | ||||||
2 | Mobility "Regional Transportation Authority Act ", enacted by | ||||||
3 | the 78th General Assembly . | ||||||
4 | (Source: P.A. 78-3rd S.S.-12.) | ||||||
5 | (35 ILCS 105/22) (from Ch. 120, par. 439.22) | ||||||
6 | Sec. 22. If it is determined that the Department should | ||||||
7 | issue a credit or refund under this Act, the Department may | ||||||
8 | first apply the amount thereof against any amount of tax or | ||||||
9 | penalty or interest due hereunder, or under the Retailers' | ||||||
10 | Occupation Tax Act, the Service Occupation Tax Act, the | ||||||
11 | Service Use Tax Act, any local occupation or use tax | ||||||
12 | administered by the Department, Section 4 of the Water | ||||||
13 | Commission Act of 1985, subsections (b), (c) and (d) of | ||||||
14 | Section 5.01 of the Local Mass Transit District Act, or | ||||||
15 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
16 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
17 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
18 | from the person entitled to such credit or refund. For this | ||||||
19 | purpose, if proceedings are pending to determine whether or | ||||||
20 | not any tax or penalty or interest is due under this Act or | ||||||
21 | under the Retailers' Occupation Tax Act, the Service | ||||||
22 | Occupation Tax Act, the Service Use Tax Act, any local | ||||||
23 | occupation or use tax administered by the Department, Section | ||||||
24 | 4 of the Water Commission Act of 1985, subsections (b), (c) and | ||||||
25 | (d) of Section 5.01 of the Local Mass Transit District Act, or |
| |||||||
| |||||||
1 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
2 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
3 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
4 | from such person, the Department may withhold issuance of the | ||||||
5 | credit or refund pending the final disposition of such | ||||||
6 | proceedings and may apply such credit or refund against any | ||||||
7 | amount found to be due to the Department as a result of such | ||||||
8 | proceedings. The balance, if any, of the credit or refund | ||||||
9 | shall be issued to the person entitled thereto. | ||||||
10 | Any credit memorandum issued hereunder may be used by the | ||||||
11 | authorized holder thereof to pay any tax or penalty or | ||||||
12 | interest due or to become due under this Act or under the | ||||||
13 | Retailers' Occupation Tax Act, the Service Occupation Tax Act, | ||||||
14 | the Service Use Tax Act, any local occupation or use tax | ||||||
15 | administered by the Department, Section 4 of the Water | ||||||
16 | Commission Act of 1985, subsections (b), (c) and (d) of | ||||||
17 | Section 5.01 of the Local Mass Transit District Act, or | ||||||
18 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
19 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
20 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
21 | from such holder. Subject to reasonable rules of the | ||||||
22 | Department, a credit memorandum issued hereunder may be | ||||||
23 | assigned by the holder thereof to any other person for use in | ||||||
24 | paying tax or penalty or interest which may be due or become | ||||||
25 | due under this Act or under the Retailers' Occupation Tax Act, | ||||||
26 | the Service Occupation Tax Act or the Service Use Tax Act, from |
| |||||||
| |||||||
1 | the assignee. | ||||||
2 | In any case in which there has been an erroneous refund of | ||||||
3 | tax payable under this Act, a notice of tax liability may be | ||||||
4 | issued at any time within 3 years from the making of that | ||||||
5 | refund, or within 5 years from the making of that refund if it | ||||||
6 | appears that any part of the refund was induced by fraud or the | ||||||
7 | misrepresentation of a material fact. The amount of any | ||||||
8 | proposed assessment set forth in the notice shall be limited | ||||||
9 | to the amount of the erroneous refund. | ||||||
10 | (Source: P.A. 91-901, eff. 1-1-01.) | ||||||
11 | Section 20.19. The Service Use Tax Act is amended by | ||||||
12 | changing Section 20 as follows: | ||||||
13 | (35 ILCS 110/20) (from Ch. 120, par. 439.50) | ||||||
14 | Sec. 20. If it is determined that the Department should | ||||||
15 | issue a credit or refund hereunder, the Department may first | ||||||
16 | apply the amount thereof against any amount of tax or penalty | ||||||
17 | or interest due hereunder, or under the Service Occupation Tax | ||||||
18 | Act, the Retailers' Occupation Tax Act, the Use Tax Act, any | ||||||
19 | local occupation or use tax administered by the Department, | ||||||
20 | Section 4 of the Water Commission Act of 1985, subsections | ||||||
21 | (b), (c) and (d) of Section 5.01 of the Local Mass Transit | ||||||
22 | District Act, or subsections (e), (m), and (r) of Section 6.02 | ||||||
23 | of the Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
24 | Section 4.03 of the Regional Transportation Authority Act , |
| |||||||
| |||||||
1 | from the person entitled to such credit or refund. For this | ||||||
2 | purpose, if proceedings are pending to determine whether or | ||||||
3 | not any tax or penalty or interest is due hereunder, or under | ||||||
4 | the Service Occupation Tax Act, the Retailers' Occupation Tax | ||||||
5 | Act, the Use Tax Act, any local occupation or use tax | ||||||
6 | administered by the Department, Section 4 of the Water | ||||||
7 | Commission Act of 1985, subsections (b), (c) and (d) of | ||||||
8 | Section 5.01 of the Local Mass Transit District Act, or | ||||||
9 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
10 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
11 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
12 | from such person, the Department may withhold issuance of the | ||||||
13 | credit or refund pending the final disposition of such | ||||||
14 | proceedings and may apply such credit or refund against any | ||||||
15 | amount found to be due to the Department as a result of such | ||||||
16 | proceedings. The balance, if any, of the credit or refund | ||||||
17 | shall be issued to the person entitled thereto. | ||||||
18 | Any credit memorandum issued hereunder may be used by the | ||||||
19 | authorized holder thereof to pay any tax or penalty or | ||||||
20 | interest due or to become due under this Act, the Service | ||||||
21 | Occupation Tax Act, the Retailers' Occupation Tax Act, the Use | ||||||
22 | Tax Act, any local occupation or use tax administered by the | ||||||
23 | Department, Section 4 of the Water Commission Act of 1985, | ||||||
24 | subsections (b), (c) and (d) of Section 5.01 of the Local Mass | ||||||
25 | Transit District Act, or subsections (e), (m), and (r) of | ||||||
26 | Section 6.02 of the Metropolitan Mobility Authority Act (e), |
| |||||||
| |||||||
1 | (f) and (g) of Section 4.03 of the Regional Transportation | ||||||
2 | Authority Act , from such holder. Subject to reasonable rules | ||||||
3 | of the Department, a credit memorandum issued hereunder may be | ||||||
4 | assigned by the holder thereof to any other person for use in | ||||||
5 | paying tax or penalty or interest which may be due or become | ||||||
6 | due under this Act, the Service Occupation Tax Act, the | ||||||
7 | Retailers' Occupation Tax Act, the Use Tax Act, any local | ||||||
8 | occupation or use tax administered by the Department, Section | ||||||
9 | 4 of the Water Commission Act of 1985, subsections (b), (c) and | ||||||
10 | (d) of Section 5.01 of the Local Mass Transit District Act, or | ||||||
11 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
12 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
13 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
14 | from the assignee. | ||||||
15 | In any case which there has been an erroneous refund of tax | ||||||
16 | payable under this Act, a notice of tax liability may be issued | ||||||
17 | at any time within 3 years from the making of that refund, or | ||||||
18 | within 5 years from the making of that refund if it appears | ||||||
19 | that any part of the refund was induced by fraud or the | ||||||
20 | misrepresentation of a material fact. The amount of any | ||||||
21 | proposed assessment set forth in the notice shall be limited | ||||||
22 | to the amount of the erroneous refund. | ||||||
23 | (Source: P.A. 91-901, eff. 1-1-01.) | ||||||
24 | Section 20.20. The Service Occupation Tax Act is amended | ||||||
25 | by changing Section 20 as follows: |
| |||||||
| |||||||
1 | (35 ILCS 115/20) (from Ch. 120, par. 439.120) | ||||||
2 | Sec. 20. If it is determined that the Department should | ||||||
3 | issue a credit or refund hereunder, the Department may first | ||||||
4 | apply the amount thereof against any amount of tax or penalty | ||||||
5 | or interest due hereunder, or under the Service Use Tax Act, | ||||||
6 | the Retailers' Occupation Tax Act, the Use Tax Act, any local | ||||||
7 | occupation or use tax administered by the Department, Section | ||||||
8 | 4 of the Water Commission Act of 1985, subsections (b), (c) and | ||||||
9 | (d) of Section 5.01 of the Local Mass Transit District Act, or | ||||||
10 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
11 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
12 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
13 | from the person entitled to such credit or refund. For this | ||||||
14 | purpose, if proceedings are pending to determine whether or | ||||||
15 | not any tax or penalty or interest is due hereunder, or under | ||||||
16 | the Service Use Tax Act, the Retailers' Occupation Tax Act, | ||||||
17 | the Use Tax Act, any local occupation or use tax administered | ||||||
18 | by the Department, Section 4 of the Water Commission Act of | ||||||
19 | 1985, subsections (b), (c) and (d) of Section 5.01 of the Local | ||||||
20 | Mass Transit District Act, or subsections (e), (m), and (r) of | ||||||
21 | Section 6.02 of the Metropolitan Mobility Authority Act (e), | ||||||
22 | (f) and (g) of Section 4.03 of the Regional Transportation | ||||||
23 | Authority Act , from such person, the Department may withhold | ||||||
24 | issuance of the credit or refund pending the final disposition | ||||||
25 | of such proceedings and may apply such credit or refund |
| |||||||
| |||||||
1 | against any amount found to be due to the Department as a | ||||||
2 | result of such proceedings. The balance, if any, of the credit | ||||||
3 | or refund shall be issued to the person entitled thereto. | ||||||
4 | Any credit memorandum issued hereunder may be used by the | ||||||
5 | authorized holder thereof to pay any tax or penalty or | ||||||
6 | interest due or to become due under this Act, or under the | ||||||
7 | Service Use Tax Act, the Retailers' Occupation Tax Act, the | ||||||
8 | Use Tax Act, any local occupation or use tax administered by | ||||||
9 | the Department, Section 4 of the Water Commission Act of 1985, | ||||||
10 | subsections (b), (c) and (d) of Section 5.01 of the Local Mass | ||||||
11 | Transit District Act, or subsections (e), (m), and (r) of | ||||||
12 | Section 6.02 of the Metropolitan Mobility Authority Act (e), | ||||||
13 | (f) and (g) of Section 4.03 of the Regional Transportation | ||||||
14 | Authority Act , from such holder. Subject to reasonable rules | ||||||
15 | of the Department, a credit memorandum issued hereunder may be | ||||||
16 | assigned by the holder thereof to any other person for use in | ||||||
17 | paying tax or penalty or interest which may be due or become | ||||||
18 | due under this Act, the Service Use Tax Act, the Retailers' | ||||||
19 | Occupation Tax Act, the Use Tax Act, any local occupation or | ||||||
20 | use tax administered by the Department, Section 4 of the Water | ||||||
21 | Commission Act of 1985, subsections (b), (c) and (d) of | ||||||
22 | Section 5.01 of the Local Mass Transit District Act, or | ||||||
23 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
24 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
25 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
26 | from the assignee. |
| |||||||
| |||||||
1 | In any case in which there has been an erroneous refund of | ||||||
2 | tax payable under this Act, a notice of tax liability may be | ||||||
3 | issued at any time within 3 years from the making of that | ||||||
4 | refund, or within 5 years from the making of that refund if it | ||||||
5 | appears that any part of the refund was induced by fraud or the | ||||||
6 | misrepresentation of a material fact. The amount of any | ||||||
7 | proposed assessment set forth in the notice shall be limited | ||||||
8 | to the amount of the erroneous refund. | ||||||
9 | (Source: P.A. 91-901, eff. 1-1-01.) | ||||||
10 | Section 20.21. The Retailers' Occupation Tax Act is | ||||||
11 | amended by changing Section 6 as follows: | ||||||
12 | (35 ILCS 120/6) (from Ch. 120, par. 445) | ||||||
13 | Sec. 6. Credit memorandum or refund. If it appears, after | ||||||
14 | claim therefor filed with the Department, that an amount of | ||||||
15 | tax or penalty or interest has been paid which was not due | ||||||
16 | under this Act, whether as the result of a mistake of fact or | ||||||
17 | an error of law, except as hereinafter provided, then the | ||||||
18 | Department shall issue a credit memorandum or refund to the | ||||||
19 | person who made the erroneous payment or, if that person died | ||||||
20 | or became a person under legal disability, to his or her legal | ||||||
21 | representative, as such. For purposes of this Section, the tax | ||||||
22 | is deemed to be erroneously paid by a retailer when the | ||||||
23 | manufacturer of a motor vehicle sold by the retailer accepts | ||||||
24 | the return of that automobile and refunds to the purchaser the |
| |||||||
| |||||||
1 | selling price of that vehicle as provided in the New Vehicle | ||||||
2 | Buyer Protection Act. When a motor vehicle is returned for a | ||||||
3 | refund of the purchase price under the New Vehicle Buyer | ||||||
4 | Protection Act, the Department shall issue a credit memorandum | ||||||
5 | or a refund for the amount of tax paid by the retailer under | ||||||
6 | this Act attributable to the initial sale of that vehicle. | ||||||
7 | Claims submitted by the retailer are subject to the same | ||||||
8 | restrictions and procedures provided for in this Act. If it is | ||||||
9 | determined that the Department should issue a credit | ||||||
10 | memorandum or refund, the Department may first apply the | ||||||
11 | amount thereof against any tax or penalty or interest due or to | ||||||
12 | become due under this Act or under the Use Tax Act, the Service | ||||||
13 | Occupation Tax Act, the Service Use Tax Act, any local | ||||||
14 | occupation or use tax administered by the Department, Section | ||||||
15 | 4 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 | ||||||
17 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
18 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
19 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
20 | from the person who made the erroneous payment. If no tax or | ||||||
21 | penalty or interest is due and no proceeding is pending to | ||||||
22 | determine whether such person is indebted to the Department | ||||||
23 | for tax or penalty or interest, the credit memorandum or | ||||||
24 | refund shall be issued to the claimant; or (in the case of a | ||||||
25 | credit memorandum) the credit memorandum may be assigned and | ||||||
26 | set over by the lawful holder thereof, subject to reasonable |
| |||||||
| |||||||
1 | rules of the Department, to any other person who is subject to | ||||||
2 | this Act, the Use Tax Act, the Service Occupation Tax Act, the | ||||||
3 | Service Use Tax Act, any local occupation or use tax | ||||||
4 | administered by the Department, Section 4 of the Water | ||||||
5 | Commission Act of 1985, subsections (b), (c) and (d) of | ||||||
6 | Section 5.01 of the Local Mass Transit District Act, or | ||||||
7 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
8 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
9 | Section 4.03 of the Regional Transportation Authority Act , and | ||||||
10 | the amount thereof applied by the Department against any tax | ||||||
11 | or penalty or interest due or to become due under this Act or | ||||||
12 | under the Use Tax Act, the Service Occupation Tax Act, the | ||||||
13 | Service Use Tax Act, any local occupation or use tax | ||||||
14 | administered by the Department, Section 4 of the Water | ||||||
15 | Commission Act of 1985, subsections (b), (c) and (d) of | ||||||
16 | Section 5.01 of the Local Mass Transit District Act, or | ||||||
17 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
18 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
19 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
20 | from such assignee. However, as to any claim for credit or | ||||||
21 | refund filed with the Department on and after each January 1 | ||||||
22 | and July 1 no amount of tax or penalty or interest erroneously | ||||||
23 | paid (either in total or partial liquidation of a tax or | ||||||
24 | penalty or amount of interest under this Act) more than 3 years | ||||||
25 | prior to such January 1 and July 1, respectively, shall be | ||||||
26 | credited or refunded, except that if both the Department and |
| |||||||
| |||||||
1 | the taxpayer have agreed to an extension of time to issue a | ||||||
2 | notice of tax liability as provided in Section 4 of this Act, | ||||||
3 | such claim may be filed at any time prior to the expiration of | ||||||
4 | the period agreed upon. Notwithstanding any other provision of | ||||||
5 | this Act to the contrary, for any period included in a claim | ||||||
6 | for credit or refund for which the statute of limitations for | ||||||
7 | issuing a notice of tax liability under this Act will expire | ||||||
8 | less than 6 months after the date a taxpayer files the claim | ||||||
9 | for credit or refund, the statute of limitations is | ||||||
10 | automatically extended for 6 months from the date it would | ||||||
11 | have otherwise expired. | ||||||
12 | No claim may be allowed for any amount paid to the | ||||||
13 | Department, whether paid voluntarily or involuntarily, if paid | ||||||
14 | in total or partial liquidation of an assessment which had | ||||||
15 | become final before the claim for credit or refund to recover | ||||||
16 | the amount so paid is filed with the Department, or if paid in | ||||||
17 | total or partial liquidation of a judgment or order of court. | ||||||
18 | No credit may be allowed or refund made for any amount paid by | ||||||
19 | or collected from any claimant unless it appears (a) that the | ||||||
20 | claimant bore the burden of such amount and has not been | ||||||
21 | relieved thereof nor reimbursed therefor and has not shifted | ||||||
22 | such burden directly or indirectly through inclusion of such | ||||||
23 | amount in the price of the tangible personal property sold by | ||||||
24 | him or her or in any manner whatsoever; and that no | ||||||
25 | understanding or agreement, written or oral, exists whereby he | ||||||
26 | or she or his or her legal representative may be relieved of |
| |||||||
| |||||||
1 | the burden of such amount, be reimbursed therefor or may shift | ||||||
2 | the burden thereof; or (b) that he or she or his or her legal | ||||||
3 | representative has repaid unconditionally such amount to his | ||||||
4 | or her vendee (1) who bore the burden thereof and has not | ||||||
5 | shifted such burden directly or indirectly, in any manner | ||||||
6 | whatsoever; (2) who, if he or she has shifted such burden, has | ||||||
7 | repaid unconditionally such amount to his own vendee; and (3) | ||||||
8 | who is not entitled to receive any reimbursement therefor from | ||||||
9 | any other source than from his or her vendor, nor to be | ||||||
10 | relieved of such burden in any manner whatsoever. No credit | ||||||
11 | may be allowed or refund made for any amount paid by or | ||||||
12 | collected from any claimant unless it appears that the | ||||||
13 | claimant has unconditionally repaid, to the purchaser, any | ||||||
14 | amount collected from the purchaser and retained by the | ||||||
15 | claimant with respect to the same transaction under the Use | ||||||
16 | Tax Act. | ||||||
17 | Any credit or refund that is allowed under this Section | ||||||
18 | shall bear interest at the rate and in the manner specified in | ||||||
19 | the Uniform Penalty and Interest Act. | ||||||
20 | In case the Department determines that the claimant is | ||||||
21 | entitled to a refund, such refund shall be made only from the | ||||||
22 | Aviation Fuel Sales Tax Refund Fund or from such appropriation | ||||||
23 | as may be available for that purpose, as appropriate. If it | ||||||
24 | appears unlikely that the amount available would permit | ||||||
25 | everyone having a claim allowed during the period covered by | ||||||
26 | such appropriation or from the Aviation Fuel Sales Tax Refund |
| |||||||
| |||||||
1 | Fund, as appropriate, to elect to receive a cash refund, the | ||||||
2 | Department, by rule or regulation, shall provide for the | ||||||
3 | payment of refunds in hardship cases and shall define what | ||||||
4 | types of cases qualify as hardship cases. | ||||||
5 | If a retailer who has failed to pay retailers' occupation | ||||||
6 | tax on gross receipts from retail sales is required by the | ||||||
7 | Department to pay such tax, such retailer, without filing any | ||||||
8 | formal claim with the Department, shall be allowed to take | ||||||
9 | credit against such retailers' occupation tax liability to the | ||||||
10 | extent, if any, to which such retailer has paid an amount | ||||||
11 | equivalent to retailers' occupation tax or has paid use tax in | ||||||
12 | error to his or her vendor or vendors of the same tangible | ||||||
13 | personal property which such retailer bought for resale and | ||||||
14 | did not first use before selling it, and no penalty or interest | ||||||
15 | shall be charged to such retailer on the amount of such credit. | ||||||
16 | However, when such credit is allowed to the retailer by the | ||||||
17 | Department, the vendor is precluded from refunding any of that | ||||||
18 | tax to the retailer and filing a claim for credit or refund | ||||||
19 | with respect thereto with the Department. The provisions of | ||||||
20 | this amendatory Act shall be applied retroactively, regardless | ||||||
21 | of the date of the transaction. | ||||||
22 | (Source: P.A. 101-10, eff. 6-5-19; 102-40, eff. 6-25-21.) | ||||||
23 | Section 20.22. The Governmental Tax Reform Validation Act | ||||||
24 | is amended by changing Section 10 as follows: |
| |||||||
| |||||||
1 | (35 ILCS 165/10) | ||||||
2 | Sec. 10. Re-enactment; findings; purpose; validation. | ||||||
3 | (a) The General Assembly finds and declares that: | ||||||
4 | (1) The amendatory provisions of this Act were first | ||||||
5 | enacted by Public Act 85-1135 and all related to taxation. | ||||||
6 | (A) Article I of Public Act 85-1135, effective | ||||||
7 | July 28, 1988, contained provisions stating | ||||||
8 | legislative intent. | ||||||
9 | (B) Article II of Public Act 85-1135, effective | ||||||
10 | January 1, 1990, contained provisions amending or | ||||||
11 | creating Sections 8-11-1, 8-11-1.1, 8-11-1.2, | ||||||
12 | 8-11-1.3, 8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16, | ||||||
13 | and 11-74.4-8a of the Illinois Municipal Code; | ||||||
14 | Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of "An | ||||||
15 | Act to revise the law in relation to counties"; | ||||||
16 | Section 4 of the Water Commission Act of 1985; Section | ||||||
17 | 5.01 of the Local Mass Transit District Act; Sections | ||||||
18 | 5.12, 6.02, 6.05, and 6.08 of the Metropolitan | ||||||
19 | Mobility Authority Act Sections 4.01, 4.03, 4.04, and | ||||||
20 | 4.09 of the Regional Transportation Authority Act ; | ||||||
21 | Sections 3, 9, and 10b of the Use Tax Act; Sections 2, | ||||||
22 | 3, 3d, 7a, 9, 10, 10b, and 15 of the Service Use Tax | ||||||
23 | Act; Sections 2, 3, 9, 13, 15, and 20.1 of the Service | ||||||
24 | Occupation Tax Act; Sections 2, 3, 5k, and 6d of the | ||||||
25 | Retailers' Occupation Tax Act; and Sections 5.240, | ||||||
26 | 5.241, 6z-16, and 6z-17 of the State Finance Act. |
| |||||||
| |||||||
1 | Article II of Public Act 85-1135, effective January 1, | ||||||
2 | 1990, also contained provisions repealing Sections | ||||||
3 | 25.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a, | ||||||
4 | 25.05-10, 25.05-10a, and 25.05-10.1 of "An Act to | ||||||
5 | revise the law in relation to counties" and Sections | ||||||
6 | 10 and 14 of the Service Occupation Tax Act. | ||||||
7 | (C) Article III of Public Act 85-1135, effective | ||||||
8 | September 1, 1988, contained provisions further | ||||||
9 | amending Sections 3 and 9 of the Use Tax Act; Sections | ||||||
10 | 2, 3, and 9 of the Service Use Tax Act; Sections 2, 3, | ||||||
11 | and 9 of the Service Occupation Tax Act; and Sections 2 | ||||||
12 | and 3 of the Retailers' Occupation Tax Act; and | ||||||
13 | amending Section 2 of the State Revenue Sharing Act. | ||||||
14 | (D) Article IV of Public Act 85-1135, effective | ||||||
15 | July 28, 1988, contained provisions amending Section | ||||||
16 | 6z-9 of the State Finance Act and creating Section .01 | ||||||
17 | of the State Revenue Sharing Act. | ||||||
18 | (E) Article V of Public Act 85-1135, effective | ||||||
19 | July 28, 1988, contained provisions precluding any | ||||||
20 | effect on a pre-existing right, remedy, or liability | ||||||
21 | and authorizing enactment of home rule municipality | ||||||
22 | ordinances. | ||||||
23 | (2) Public Act 85-1135 also contained provisions | ||||||
24 | relating to State bonds and creating the Water Pollution | ||||||
25 | Control Revolving Fund loan program. | ||||||
26 | (3) On August 26, 1998, the Cook County Circuit Court |
| |||||||
| |||||||
1 | entered an order in the case of Oak Park Arms Associates v. | ||||||
2 | Whitley (No. 92 L 51045), in which it found that Public Act | ||||||
3 | 85-1135 violates the single subject clause of the Illinois | ||||||
4 | Constitution (Article IV, Section 8(d)). As of the time | ||||||
5 | this Act was prepared, the order declaring P.A. 85-1135 | ||||||
6 | invalid has been vacated but the case is subject to | ||||||
7 | appeal. | ||||||
8 | (4) The tax provisions of Public Act 85-1135 affect | ||||||
9 | many areas of vital concern to the people of this State. | ||||||
10 | The disruption of the tax reform contained in those | ||||||
11 | provisions could constitute a grave threat to the | ||||||
12 | continued health, safety, and welfare of the people of | ||||||
13 | this State. | ||||||
14 | (b) It is the purpose of this Act to prevent or minimize | ||||||
15 | any problems relating to taxation that may result from | ||||||
16 | challenges to the constitutional validity of Public Act | ||||||
17 | 85-1135, by (1) re-enacting provisions from Public Act 85-1135 | ||||||
18 | and (2) validating all actions taken in reliance on those | ||||||
19 | provisions from Public Act 85-1135. | ||||||
20 | (c) Because Public Act 86-962, effective January 1, 1990, | ||||||
21 | renumbered Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of | ||||||
22 | the Counties Code, this Act contains those provisions as | ||||||
23 | renumbered under Sections 5-1006, 5-1007, 5-1008, 5-1009, and | ||||||
24 | 5-1024 of the Counties Code. Because Public Act 86-1475, | ||||||
25 | effective January 10, 1991, resectioned Section 3 of the Use | ||||||
26 | Tax Act, Section 3 of the Service Use Tax Act, Section 3 of the |
| |||||||
| |||||||
1 | Service Occupation Tax Act, and Section 2 of the Retailers' | ||||||
2 | Occupation Tax Act, this Act contains those provisions as | ||||||
3 | resectioned under Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25, | ||||||
4 | 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75, | ||||||
5 | and 3-80 of the Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20, | ||||||
6 | 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, and 3-65 of the | ||||||
7 | Service Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25, | ||||||
8 | 3-30, 3-35, 3-40, 3-45, and 3-50 of the Service Occupation Tax | ||||||
9 | Act; and Sections 2, 2-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35, | ||||||
10 | 2-40, 2-45, 2-50, 2-55, 2-60, 2-65 of the Retailers' | ||||||
11 | Occupation Tax Act. Because Public Act 85-1440, effective | ||||||
12 | February 1, 1989, renumbered Section 6z-16 of the State | ||||||
13 | Finance Act and Section .01 of the State Revenue Sharing Act, | ||||||
14 | this Act contains those provisions as renumbered under Section | ||||||
15 | 6z-18 of the State Finance Act and Section 0.1 of the State | ||||||
16 | Revenue Sharing Act. Sections 10b of the Use Tax Act, 10b of | ||||||
17 | the Service Use Tax Act, 20.1 of the Service Occupation Tax | ||||||
18 | Act, and 6d of the Retailers' Occupation Tax Act have been | ||||||
19 | omitted from this Act because they were repealed by Public Act | ||||||
20 | 87-1258, effective January 7, 1993. | ||||||
21 | (d) This Act re-enacts Section 1 of Article I of Public Act | ||||||
22 | 85-1135; Sections 8-11-1, 8-11-1.1, 8-11-1.2, 8-11-1.3, | ||||||
23 | 8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16, and 11-74.4-8a of | ||||||
24 | the Illinois Municipal Code; Sections 5-1006, 5-1007, 5-1008, | ||||||
25 | 5-1009, and 5-1024 of the Counties Code; Section 4 of the Water | ||||||
26 | Commission Act of 1985; Section 5.01 of the Local Mass Transit |
| |||||||
| |||||||
1 | District Act; Sections 5.12, 6.02, 6.05, and 6.08 of the | ||||||
2 | Metropolitan Mobility Authority Act Sections 4.01, 4.03, 4.04, | ||||||
3 | and 4.09 of the Regional Transportation Authority Act ; | ||||||
4 | Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40, | ||||||
5 | 3-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75, 3-80, 9, and 10b of | ||||||
6 | the Use Tax Act; Sections 2, 3, 3-5, 3-10, 3-15, 3-20, 3-25, | ||||||
7 | 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3d, 7a, 9, 10, | ||||||
8 | 10b, and 15 of the Service Use Tax Act; Sections 2, 3, 3-5, | ||||||
9 | 3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 9, 13, | ||||||
10 | 15, and 20.1 of the Service Occupation Tax Act; Sections 2, | ||||||
11 | 2-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35, 2-40, 2-45, 2-50, | ||||||
12 | 2-55, 2-60, 2-65, 3, 5k, and 6d of the Retailers' Occupation | ||||||
13 | Tax Act; Sections 5.240, 5.241, 6z-9, 6z-17, and 6z-18 of the | ||||||
14 | State Finance Act; Sections 0.1 and 2 of the State Revenue | ||||||
15 | Sharing Act; and Sections 1 and 2 of Article V of Public Act | ||||||
16 | 85-1135 as they have been amended. It also re-repeals Sections | ||||||
17 | 25.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a, 25.05-10, | ||||||
18 | 25.05-10a, and 25.05-10.1 of "An Act to revise the law in | ||||||
19 | relation to counties" and Sections 10 and 14 of the Service | ||||||
20 | Occupation Tax Act. This re-enactment and re-repeal is | ||||||
21 | intended to remove any questions as to the validity or content | ||||||
22 | of those Sections; it is not intended to supersede any other | ||||||
23 | Public Act that amends the text of a Section as set forth in | ||||||
24 | this Act. The re-enacted material in this Act is shown as | ||||||
25 | existing text (i.e., without underscoring) because, as of the | ||||||
26 | time this Act was prepared, the order declaring P.A. 85-1135 |
| |||||||
| |||||||
1 | invalid has been vacated. | ||||||
2 | (e) In Sections 100 and 900 of this Act, references to | ||||||
3 | "this amendatory Act of 1988" mean Public Act 85-1135, as | ||||||
4 | re-enacted by this Act. | ||||||
5 | (f) The re-enactment or re-repeal of Sections of Public | ||||||
6 | Act 85-1135 by this Act is not intended, and shall not be | ||||||
7 | construed, to imply that Public Act 85-1135 is invalid or to | ||||||
8 | limit or impair any legal argument (1) upholding the validity | ||||||
9 | of Public Act 85-1135 or (2) concerning whether the provisions | ||||||
10 | of Public Act 85-1135 were substantially re-enacted by other | ||||||
11 | Public Acts. | ||||||
12 | (g) All otherwise lawful actions taken in reasonable | ||||||
13 | reliance on or pursuant to the Sections re-enacted by this | ||||||
14 | Act, as set forth in Public Act 85-1135 or subsequently | ||||||
15 | amended, by any officer, employee, agency, or unit of State or | ||||||
16 | local government or by any other person or entity, are hereby | ||||||
17 | validated. | ||||||
18 | With respect to actions taken in relation to matters | ||||||
19 | arising under the Sections re-enacted by this Act, as set | ||||||
20 | forth in Public Act 85-1135 or subsequently amended, a person | ||||||
21 | is rebuttably presumed to have acted in reasonable reliance on | ||||||
22 | and pursuant to the provisions of Public Act 85-1135, as those | ||||||
23 | provisions had been amended at the time the action was taken. | ||||||
24 | (h) With respect to its administration of matters arising | ||||||
25 | under the Sections re-enacted by this Act, the Department of | ||||||
26 | Revenue shall continue to apply the provisions of Public Act |
| |||||||
| |||||||
1 | 85-1135, as those provisions had been amended at the relevant | ||||||
2 | time. | ||||||
3 | (i) This Act applies, without limitation, to proceedings | ||||||
4 | pending on or after the effective date of this Act. | ||||||
5 | (Source: P.A. 91-51, eff. 6-30-99.) | ||||||
6 | Section 20.23. The Simplified Sales and Use Tax | ||||||
7 | Administration Act is amended by changing Section 2 as | ||||||
8 | follows: | ||||||
9 | (35 ILCS 171/2) | ||||||
10 | Sec. 2. Definitions. As used in this Act: | ||||||
11 | (a) "Agreement" means the Streamlined Sales and Use Tax | ||||||
12 | Agreement as amended and adopted on January 27, 2001. | ||||||
13 | (b) "Certified Automated System" means software certified | ||||||
14 | jointly by the states that are signatories to the Agreement to | ||||||
15 | calculate the tax imposed by each jurisdiction on a | ||||||
16 | transaction, determine the amount of tax to remit to the | ||||||
17 | appropriate state, and maintain a record of the transaction. | ||||||
18 | (c) "Certified Service Provider" means an agent certified | ||||||
19 | jointly by the states that are signatories to the Agreement to | ||||||
20 | perform all of the seller's sales tax functions. | ||||||
21 | (d) "Person" means an individual, trust, estate, | ||||||
22 | fiduciary, partnership, limited liability company, limited | ||||||
23 | liability partnership, corporation, or any other legal entity. | ||||||
24 | (e) "Sales Tax" means the tax levied under the Service |
| |||||||
| |||||||
1 | Occupation Tax Act (35 ILCS 115/) and the Retailers' | ||||||
2 | Occupation Tax Act (35 ILCS 120/). "Sales tax" also means any | ||||||
3 | local sales tax levied under the Home Rule Municipal | ||||||
4 | Retailers' Occupation Tax Act (65 ILCS 5/8-11-1), the Non-Home | ||||||
5 | Rule Municipal Retailers' Occupation Tax Act (65 ILCS | ||||||
6 | 5/8-11-1.3), the Non-Home Rule Municipal Service Occupation | ||||||
7 | Tax Act (65 ILCS 5/8-11-1.4), the Home Rule Municipal Service | ||||||
8 | Occupation Tax (65 ILCS 5/8-11-5), the Home Rule County | ||||||
9 | Retailers' Occupation Tax Law (55 ILCS 5/5-1006), the Special | ||||||
10 | County Occupation Tax for Public Safety, Public Facilities, | ||||||
11 | Mental Health, Substance Abuse, or Transportation Law (55 ILCS | ||||||
12 | 5/5-1006.5), the Home Rule County Service Occupation Tax Law | ||||||
13 | (55 ILCS 5/5-1007), subsection (b) of the Rock Island County | ||||||
14 | Use and Occupation Tax Law (55 ILCS 5/5-1008.5(b)), the Metro | ||||||
15 | East Mass Transit District Retailers' Occupation Tax (70 ILCS | ||||||
16 | 3610/5.01(b)), the Metro East Mass Transit District Service | ||||||
17 | Occupation Tax (70 ILCS 3610/5.01(c)), the Metropolitan | ||||||
18 | Mobility Regional Transportation Authority Retailers' | ||||||
19 | Occupation Tax ( subsection (e) of Section 6.02 of the | ||||||
20 | Metropolitan Mobility Authority Act) 70 ILCS 3615/4.03(e) ) , | ||||||
21 | the Metropolitan Mobility Regional Transportation Authority | ||||||
22 | Service Occupation Tax (70 ILCS 3615/4.03(f)) , the County | ||||||
23 | Water Commission Retailers' Occupation Tax (70 ILCS | ||||||
24 | 3720/4(b)), or the County Water Commission Service Occupation | ||||||
25 | Tax (70 ILCS 3720/4(c)). | ||||||
26 | (f) "Seller" means any person making sales of personal |
| |||||||
| |||||||
1 | property or services. | ||||||
2 | (g) "State" means any state of the United States and the | ||||||
3 | District of Columbia. | ||||||
4 | (h) "Use tax" means the tax levied under the Use Tax Act | ||||||
5 | (35 ILCS 105/) and the Service Use Tax Act (35 ILCS 110/). "Use | ||||||
6 | tax" also means any local use tax levied under the Home Rule | ||||||
7 | Municipal Use Tax Act (65 ILCS 5/8-11-6(b)), provided that the | ||||||
8 | State and the municipality have entered into an agreement that | ||||||
9 | provides for administration of the tax by the State. | ||||||
10 | (Source: P.A. 100-1167, eff. 1-4-19.) | ||||||
11 | Section 20.24. The Property Tax Code is amended by | ||||||
12 | changing Section 15-100 as follows: | ||||||
13 | (35 ILCS 200/15-100) | ||||||
14 | Sec. 15-100. Public transportation systems. | ||||||
15 | (a) All property belonging to any municipal corporation | ||||||
16 | created for the sole purpose of owning and operating a | ||||||
17 | transportation system for public service is exempt. | ||||||
18 | (b) Property owned by (i) a municipal corporation of | ||||||
19 | 500,000 or more inhabitants, used for public transportation | ||||||
20 | purposes, and operated by the Metropolitan Mobility Chicago | ||||||
21 | Transit Authority; (ii) the Metropolitan Mobility Regional | ||||||
22 | Transportation Authority; (iii) (blank); or any service board | ||||||
23 | or division of the Regional Transportation Authority; (iv) the | ||||||
24 | Northeast Illinois Regional Commuter Railroad Corporation ; or |
| |||||||
| |||||||
1 | (v) the Chicago Transit Authority shall be exempt. For | ||||||
2 | purposes of this Section alone, the Metropolitan Mobility | ||||||
3 | Authority Regional Transportation Authority, any service board | ||||||
4 | or division of the Regional Transportation Authority , the | ||||||
5 | Northeast Illinois Regional Commuter Railroad Corporation, the | ||||||
6 | Chicago Transit Authority, or a municipal corporation, as | ||||||
7 | defined in item (i), shall be deemed an "eligible | ||||||
8 | transportation authority". The exemption provided in this | ||||||
9 | subsection shall not be affected by any transaction in which, | ||||||
10 | for the purpose of obtaining financing, the eligible | ||||||
11 | transportation authority, directly or indirectly, leases or | ||||||
12 | otherwise transfers such property to another whose property is | ||||||
13 | not exempt and immediately thereafter enters into a leaseback | ||||||
14 | or other agreement that directly or indirectly gives the | ||||||
15 | eligible transportation authority a right to use, control, and | ||||||
16 | possess the property. In the case of a conveyance of such | ||||||
17 | property, the eligible transportation authority must retain an | ||||||
18 | option to purchase the property at a future date or, within the | ||||||
19 | limitations period for reverters, the property must revert | ||||||
20 | back to the eligible transportation authority. | ||||||
21 | (c) If such property has been conveyed as described in | ||||||
22 | subsection (b), the property will no longer be exempt pursuant | ||||||
23 | to this Section as of the date when: | ||||||
24 | (1) the right of the eligible transportation authority | ||||||
25 | to use, control, and possess the property has been | ||||||
26 | terminated; |
| |||||||
| |||||||
1 | (2) the eligible transportation authority no longer | ||||||
2 | has an option to purchase or otherwise acquire the | ||||||
3 | property; and | ||||||
4 | (3) there is no provision for a reverter of the | ||||||
5 | property to the eligible transportation authority within | ||||||
6 | the limitations period for reverters. | ||||||
7 | (d) Pursuant to Sections 15-15 and 15-20 of this Code, the | ||||||
8 | eligible transportation authority shall notify the chief | ||||||
9 | county assessment officer of any transaction under subsection | ||||||
10 | (b) of this Section. The chief county assessment officer shall | ||||||
11 | determine initial and continuing compliance with the | ||||||
12 | requirements of this Section for tax exemption. Failure to | ||||||
13 | notify the chief county assessment officer of a transaction | ||||||
14 | under this Section or to otherwise comply with the | ||||||
15 | requirements of Sections 15-15 and 15-20 of this Code shall, | ||||||
16 | in the discretion of the chief county assessment officer, | ||||||
17 | constitute cause to terminate the exemption, notwithstanding | ||||||
18 | any other provision of this Code. | ||||||
19 | (e) No provision of this Section shall be construed to | ||||||
20 | affect the obligation of the eligible transportation authority | ||||||
21 | to which an exemption certificate has been issued under this | ||||||
22 | Section from its obligation under Section 15-10 of this Code | ||||||
23 | to file an annual certificate of status or to notify the chief | ||||||
24 | county assessment officer of transfers of interest or other | ||||||
25 | changes in the status of the property as required by this Code. | ||||||
26 | (f) The changes made by this amendatory Act of 1997 are |
| |||||||
| |||||||
1 | declarative of existing law and shall not be construed as a new | ||||||
2 | enactment. | ||||||
3 | (Source: P.A. 90-562, eff. 12-16-97.) | ||||||
4 | Section 20.25. The Motor Fuel Tax Law is amended by | ||||||
5 | changing Section 8b as follows: | ||||||
6 | (35 ILCS 505/8b) | ||||||
7 | Sec. 8b. Transportation Renewal Fund; creation; | ||||||
8 | distribution of proceeds. | ||||||
9 | (a) The Transportation Renewal Fund is hereby created as a | ||||||
10 | special fund in the State treasury. Moneys in the Fund shall be | ||||||
11 | used as provided in this Section: | ||||||
12 | (1) 80% of the moneys in the Fund shall be used for | ||||||
13 | highway maintenance, highway construction, bridge repair, | ||||||
14 | congestion relief, and construction of aviation | ||||||
15 | facilities; of that 80%: | ||||||
16 | (A) the State Comptroller shall order transferred | ||||||
17 | and the State Treasurer shall transfer 60% to the | ||||||
18 | State Construction Account Fund; those moneys shall be | ||||||
19 | used solely for construction, reconstruction, | ||||||
20 | improvement, repair, maintenance, operation, and | ||||||
21 | administration of highways and are limited to payments | ||||||
22 | made pursuant to design and construction contracts | ||||||
23 | awarded by the Department of Transportation; | ||||||
24 | (B) 40% shall be distributed by the Department of |
| |||||||
| |||||||
1 | Transportation to municipalities, counties, and road | ||||||
2 | districts of the State using the percentages set forth | ||||||
3 | in subdivisions (A), (B), (C), and (D) of paragraph | ||||||
4 | (2) of subsection (e) of Section 8; distributions to | ||||||
5 | particular municipalities, counties, and road | ||||||
6 | districts under this subdivision (B) shall be made | ||||||
7 | according to the allocation procedures described for | ||||||
8 | municipalities, counties, and road districts in | ||||||
9 | subsection (e) of Section 8 and shall be subject to the | ||||||
10 | same requirements and limitations described in that | ||||||
11 | subsection; and | ||||||
12 | (2) 20% of the moneys in the Fund shall be used for | ||||||
13 | projects related to rail facilities and mass transit | ||||||
14 | facilities, as defined in Section 2705-305 of the | ||||||
15 | Department of Transportation Law of the Civil | ||||||
16 | Administrative Code of Illinois, including rapid transit, | ||||||
17 | rail, high-speed rail, bus and other equipment in | ||||||
18 | connection with the State or a unit of local government, | ||||||
19 | special district, municipal corporation, or other public | ||||||
20 | agency authorized to provide and promote public | ||||||
21 | transportation within the State; of that 20%: | ||||||
22 | (A) 90% shall be deposited into the Metropolitan | ||||||
23 | Mobility Regional Transportation Authority Capital | ||||||
24 | Improvement Fund, a special fund created in the State | ||||||
25 | treasury Treasury ; moneys in the Metropolitan Mobility | ||||||
26 | Regional Transportation Authority Capital Improvement |
| |||||||
| |||||||
1 | Fund shall be used by the Metropolitan Mobility | ||||||
2 | Regional Transportation Authority for construction, | ||||||
3 | improvements, and deferred maintenance on mass transit | ||||||
4 | facilities and acquisition of buses and other | ||||||
5 | equipment; and | ||||||
6 | (B) 10% shall be deposited into the Downstate Mass | ||||||
7 | Transportation Capital Improvement Fund, a special | ||||||
8 | fund created in the State treasury Treasury ; moneys in | ||||||
9 | the Downstate Mass Transportation Capital Improvement | ||||||
10 | Fund shall be used by local mass transit districts | ||||||
11 | other than the Metropolitan Mobility Regional | ||||||
12 | Transportation Authority for construction, | ||||||
13 | improvements, and deferred maintenance on mass transit | ||||||
14 | facilities and acquisition of buses and other | ||||||
15 | equipment. | ||||||
16 | (b) Beginning on July 1, 2020, the Auditor General shall | ||||||
17 | conduct an annual financial audit of the obligations, | ||||||
18 | expenditures, receipt, and use of the funds deposited into the | ||||||
19 | Transportation Renewal Fund and provide specific | ||||||
20 | recommendations to help ensure compliance with State and | ||||||
21 | federal statutes, rules, and regulations. | ||||||
22 | (Source: P.A. 101-32, eff. 6-28-19; 101-604, eff. 12-13-19.) | ||||||
23 | Section 20.26. The Postage Stamp Vending Machine Act is | ||||||
24 | amended by changing Section 1 as follows: |
| |||||||
| |||||||
1 | (35 ILCS 815/1) (from Ch. 121 1/2, par. 911) | ||||||
2 | Sec. 1. Vending machines which vend only United States | ||||||
3 | postage stamps are exempt from license fees or any excise or | ||||||
4 | license tax levied by the State of Illinois or any county or | ||||||
5 | municipality or other taxing district thereof, but are not | ||||||
6 | exempt from State, county, municipal, or Metropolitan Mobility | ||||||
7 | Regional Transportation Authority occupation and use taxes. | ||||||
8 | (Source: P.A. 82-985.) | ||||||
9 | Section 20.27. The Illinois Pension Code is amended by | ||||||
10 | changing Sections 8-230.1, 11-221.1, 18-112, 22-101, 22-101B, | ||||||
11 | 22-103, and 22-105 as follows: | ||||||
12 | (40 ILCS 5/8-230.1) (from Ch. 108 1/2, par. 8-230.1) | ||||||
13 | Sec. 8-230.1. Right of employees to contribute for certain | ||||||
14 | other service. Any employee in the service, after having made | ||||||
15 | contributions covering a period of 10 or more years to the | ||||||
16 | annuity and benefit fund herein provided for, may elect to pay | ||||||
17 | for and receive credit for all annuity purposes for service | ||||||
18 | theretofore rendered by the employee to the Chicago Transit | ||||||
19 | Authority created by the Metropolitan Transit Authority Act | ||||||
20 | (repealed) or its predecessor public utilities; provided that | ||||||
21 | the last 5 years of service prior to retirement on annuity | ||||||
22 | shall have been as an employee of the City and a contributor to | ||||||
23 | this Fund. Such service credit may be paid for and granted on | ||||||
24 | the same basis and conditions as are applicable in the case of |
| |||||||
| |||||||
1 | employees who make payment for past service under the | ||||||
2 | provisions of Section 8-230, but on the assumption that the | ||||||
3 | employee's salary throughout all of his or her service with | ||||||
4 | the Authority or its predecessor public utilities was at the | ||||||
5 | rate of the employee's salary at the later of the date of his | ||||||
6 | or her entrance or reentrance into the service as a municipal | ||||||
7 | employee, as applicable. In no event, however, shall such | ||||||
8 | service be credited if the employee has not forfeited and | ||||||
9 | relinquished pension credit for service covering such period | ||||||
10 | under any pension or retirement plan applicable to the | ||||||
11 | Authority or its predecessor public utilities and instituted | ||||||
12 | and maintained by the Authority or its predecessor public | ||||||
13 | utilities for the benefit of its employees. | ||||||
14 | (Source: P.A. 103-455, eff. 1-1-24 .) | ||||||
15 | (40 ILCS 5/11-221.1) (from Ch. 108 1/2, par. 11-221.1) | ||||||
16 | Sec. 11-221.1. Right of employees to contribute for | ||||||
17 | certain other service. Any employee in the service, after | ||||||
18 | having made contributions covering a period of 10 or more | ||||||
19 | years to the annuity and benefit fund herein provided for, may | ||||||
20 | elect to pay for and receive credit for all annuity purposes | ||||||
21 | for service theretofore rendered by the employee to the | ||||||
22 | Chicago Transit Authority created by the Metropolitan Transit | ||||||
23 | Authority Act (repealed) ; provided that if the employee has | ||||||
24 | more than 10 years of such service, only the last 10 years of | ||||||
25 | such service shall be credited. Such service credit may be |
| |||||||
| |||||||
1 | paid for and granted on the same basis and conditions as are | ||||||
2 | applicable in the case of employees who make payment for past | ||||||
3 | service under the provisions of Section 11-221, but on the | ||||||
4 | assumption that the employee's salary throughout all of his or | ||||||
5 | her service with the Authority was at the rate of the | ||||||
6 | employee's salary at the date of his or her entrance into the | ||||||
7 | service as an employee. In no event, however, shall such | ||||||
8 | service be credited if the employee has not forfeited and | ||||||
9 | relinquished pension credit for service covering such period | ||||||
10 | under any pension or retirement plan applicable to the | ||||||
11 | Authority and instituted and maintained by the Authority for | ||||||
12 | the benefit of its employees. | ||||||
13 | (Source: P.A. 90-655, eff. 7-30-98.) | ||||||
14 | (40 ILCS 5/18-112) (from Ch. 108 1/2, par. 18-112) | ||||||
15 | Sec. 18-112. Service. "Service": The period beginning on | ||||||
16 | the day a person first became a judge, whether prior or | ||||||
17 | subsequent to the effective date, and ending on the date under | ||||||
18 | consideration, excluding all intervening periods during which | ||||||
19 | he or she was not a judge following resignation or expiration | ||||||
20 | of any term of election or appointment. | ||||||
21 | Service also includes the following: (a) Any period prior | ||||||
22 | to January 1, 1964 during which a judge served as a justice of | ||||||
23 | the peace, police magistrate or master in chancery, or as a | ||||||
24 | civil referee, commissioner or trial assistant to the chief | ||||||
25 | judge in the Municipal Court of Chicago, or performed judicial |
| |||||||
| |||||||
1 | duties as an assistant to the judge of the Probate Court of | ||||||
2 | Cook County. A judge shall be entitled to credit for all or as | ||||||
3 | much as the judge may desire of such service, not exceeding 8 | ||||||
4 | years, upon payment of the participant's contribution covering | ||||||
5 | such service at the contribution rates in effect on July 1, | ||||||
6 | 1969, together with interest at 4% per annum compounded | ||||||
7 | annually, from the dates the service was rendered to the date | ||||||
8 | of payment, provided credit for such service had not been | ||||||
9 | granted in any public pension fund or retirement system in the | ||||||
10 | State. The required contributions shall be based upon the rate | ||||||
11 | of salary in effect for the judge on the date he or she entered | ||||||
12 | the system or on January 1, 1964, whichever is later. | ||||||
13 | (b) Service rendered after January 1, 1964, as a holdover | ||||||
14 | magistrate or master in chancery of the Circuit Court. A judge | ||||||
15 | shall be entitled to credit for any period of such service, not | ||||||
16 | exceeding a total of 8 years, together with the period of | ||||||
17 | service taken into account in paragraph (a). Service credit | ||||||
18 | under this paragraph is subject to the same contribution | ||||||
19 | requirements and other limitations that are prescribed for | ||||||
20 | service credit under paragraph (a). | ||||||
21 | (c) Any period that a participant served as a member of the | ||||||
22 | General Assembly, subject to the following conditions: | ||||||
23 | (1) He or she has been a participant in this system for at | ||||||
24 | least 4 years and has contributed to the system for service | ||||||
25 | rendered as a member of the General Assembly subsequent to | ||||||
26 | November 1, 1941, at the contribution rates in effect for a |
| |||||||
| |||||||
1 | judge on the date of becoming a participant, including | ||||||
2 | interest at 3% per annum compounded annually from the date | ||||||
3 | such service was rendered to the date of payment, based on the | ||||||
4 | salary in effect during such period of service; and | ||||||
5 | (2) The participant is not entitled to credit for such | ||||||
6 | service in any other public retirement system in the State. | ||||||
7 | (d) Any period a participant served as a judge or | ||||||
8 | commissioner of the Court of Claims of this State after | ||||||
9 | November 1, 1941, provided he or she contributes to the system | ||||||
10 | at the contribution rates in effect on the date of becoming a | ||||||
11 | participant, based on salary received during such service, | ||||||
12 | including interest at 3% per annum compounded annually from | ||||||
13 | the date such service was rendered to the date of payment. | ||||||
14 | (e) Any period that a participant served as State's | ||||||
15 | Attorney or Public Defender of any county of this State, | ||||||
16 | subject to the following conditions: (1) such service was not | ||||||
17 | credited under any public pension fund or retirement system; | ||||||
18 | (2) the maximum service to be credited in this system shall be | ||||||
19 | 8 years; (3) the participant must have at least 6 years of | ||||||
20 | service as a judge and as a participant of this system; and (4) | ||||||
21 | the participant has made contributions to the system for such | ||||||
22 | service at the contribution rates in effect on the date of | ||||||
23 | becoming a participant in this system based upon the salary of | ||||||
24 | the judge on such date, including interest at 4% per annum | ||||||
25 | compounded annually from such date to the date of payment. | ||||||
26 | A judge who terminated service before January 26, 1988 and |
| |||||||
| |||||||
1 | whose retirement annuity began after January 1, 1988 may | ||||||
2 | establish credit for service as a Public Defender in | ||||||
3 | accordance with the other provisions of this subsection by | ||||||
4 | making application and paying the required contributions to | ||||||
5 | the Board not later than 30 days after August 23, 1989. In such | ||||||
6 | cases, the Board shall recalculate the retirement annuity, | ||||||
7 | effective on the first day of the next calendar month | ||||||
8 | beginning at least 30 days after the application is received. | ||||||
9 | (f) Any period as a participating policeman, employee or | ||||||
10 | teacher under Article 5, 14 or 16 of this Code, subject to the | ||||||
11 | following conditions: (1) the credits accrued under Article 5, | ||||||
12 | 14 or 16 have been transferred to this system; and (2) the | ||||||
13 | participant has contributed to the system an amount equal to | ||||||
14 | (A) contributions at the rate in effect for participants at | ||||||
15 | the date of membership in this system based upon the salary of | ||||||
16 | the judge on such date, (B) the employer's share of the normal | ||||||
17 | cost under this system for each year that credit is being | ||||||
18 | established, based on the salary in effect at the date of | ||||||
19 | membership in this system, and (C) interest at 6% per annum, | ||||||
20 | compounded annually, from the date of membership to the date | ||||||
21 | of payment; less (D) the amount transferred on behalf of the | ||||||
22 | participant from Article 5, 14 or 16. | ||||||
23 | (g) Any period that a participant served as the | ||||||
24 | Administrative Director of the Circuit Court of Cook County, | ||||||
25 | as Executive Director of the Home Rule Commission, as | ||||||
26 | assistant corporation counsel in the Chicago Law Department, |
| |||||||
| |||||||
1 | or as an employee of the Cook County Treasurer, subject to the | ||||||
2 | following conditions: (1) the maximum amount of such service | ||||||
3 | which may be credited is 10 years; (2) in order to qualify for | ||||||
4 | such credit in this system, a judge must have at least 6 years | ||||||
5 | of service as a judge and participant of this system; (3) the | ||||||
6 | last 6 years of service credited in this system shall be as a | ||||||
7 | judge and a participant in this system; (4) credits accrued to | ||||||
8 | the participant under any other public pension fund or public | ||||||
9 | retirement system in the State, if any, by reason of the | ||||||
10 | service to be established under this paragraph (g) has been | ||||||
11 | transferred to this system; and (5) the participant has | ||||||
12 | contributed to this system the amount, if any, by which the | ||||||
13 | amount transferred pursuant to subdivision (4) of this | ||||||
14 | paragraph, if any, is less than the amount which the | ||||||
15 | participant would have contributed to the system during the | ||||||
16 | period of time being counted as service under this paragraph | ||||||
17 | had the participant been a judge participating in this system | ||||||
18 | during that time, based on the rate of contribution in effect | ||||||
19 | and the salary earned by the participant on the date he or she | ||||||
20 | became a participant, with interest accruing on such | ||||||
21 | deficiency at a rate of 5% per annum from the date he or she | ||||||
22 | became a participant through the date on which such deficiency | ||||||
23 | is paid. | ||||||
24 | (h) Any period that a participant served as a full-time | ||||||
25 | attorney employed by the Chicago Transit Authority created by | ||||||
26 | the Metropolitan Transit Authority Act (repealed) , subject to |
| |||||||
| |||||||
1 | the following conditions: (1) any credit received for such | ||||||
2 | service in the pension fund established under Section 22-101 | ||||||
3 | has been terminated; (2) the maximum amount of such service to | ||||||
4 | be credited in this system shall be 10 years; (3) the | ||||||
5 | participant must have at least 6 years of service as a judge | ||||||
6 | and as a participant of this system; and (4) the participant | ||||||
7 | has made contributions to the system for such service at the | ||||||
8 | contribution rates in effect on the date of becoming a | ||||||
9 | participant in this system based upon the salary of the judge | ||||||
10 | on such date, including interest at 5% per annum compounded | ||||||
11 | annually from such date to the date of payment. | ||||||
12 | (i) Any period during which a participant received | ||||||
13 | temporary total disability benefit payments, as provided in | ||||||
14 | Section 18-126.1. | ||||||
15 | Service during a fraction of a month shall be considered a | ||||||
16 | month of service, but no more than one month of service shall | ||||||
17 | be credited for all service during any calendar month. | ||||||
18 | (Source: P.A. 86-272; 86-273; 86-1028; 87-1265.) | ||||||
19 | (40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101) | ||||||
20 | Sec. 22-101. Retirement Plan for Chicago Transit Authority | ||||||
21 | Employees. | ||||||
22 | (a) There shall be established and maintained by the | ||||||
23 | Metropolitan Mobility Authority created by the Metropolitan | ||||||
24 | Mobility Authority Act the Authority created by the | ||||||
25 | "Metropolitan Transit Authority Act", approved April 12, 1945, |
| |||||||
| |||||||
1 | as amended, (referred to in this Section as the "Authority") a | ||||||
2 | financially sound pension and retirement system adequate to | ||||||
3 | provide for all payments when due under such established | ||||||
4 | system or as modified from time to time by ordinance of the | ||||||
5 | Authority Chicago Transit Board or collective bargaining | ||||||
6 | agreement. For this purpose, the Metropolitan Mobility | ||||||
7 | Authority Board must make contributions to the established | ||||||
8 | system as required under this Section and may make any | ||||||
9 | additional contributions provided for by Board ordinance or | ||||||
10 | collective bargaining agreement. The participating employees | ||||||
11 | shall make such periodic payments to the established system as | ||||||
12 | required under this Section and may make any additional | ||||||
13 | contributions provided for by Board ordinance or collective | ||||||
14 | bargaining agreement. | ||||||
15 | Provisions shall be made by the Board for all officers, | ||||||
16 | except those who first become members on or after January 1, | ||||||
17 | 2012, and employees of the Authority appointed pursuant to the | ||||||
18 | " Metropolitan Transit Authority Act " (repealed) to become, | ||||||
19 | subject to reasonable rules and regulations, participants of | ||||||
20 | the pension or retirement system with uniform rights, | ||||||
21 | privileges, obligations and status as to the class in which | ||||||
22 | such officers and employees belong. The terms, conditions and | ||||||
23 | provisions of any pension or retirement system or of any | ||||||
24 | amendment or modification thereof affecting employees who are | ||||||
25 | members of any labor organization may be established, amended | ||||||
26 | or modified by agreement with such labor organization, |
| |||||||
| |||||||
1 | provided the terms, conditions and provisions must be | ||||||
2 | consistent with this Act, the annual funding levels for the | ||||||
3 | retirement system established by law must be met and the | ||||||
4 | benefits paid to future participants in the system may not | ||||||
5 | exceed the benefit ceilings set for future participants under | ||||||
6 | this Act and the contribution levels required by the Authority | ||||||
7 | and its employees may not be less than the contribution levels | ||||||
8 | established under this Act. | ||||||
9 | (b) The Board of Trustees shall consist of 11 members | ||||||
10 | appointed as follows: (i) 6 5 trustees shall be appointed by | ||||||
11 | the Metropolitan Mobility Authority Board Chicago Transit | ||||||
12 | Board ; (ii) 3 trustees shall be appointed by an organization | ||||||
13 | representing the highest number of Chicago Transit Authority | ||||||
14 | participants; (iii) one trustee shall be appointed by an | ||||||
15 | organization representing the second-highest number of Chicago | ||||||
16 | Transit Authority participants; and (iv) one trustee shall be | ||||||
17 | appointed by the recognized coalition representatives of | ||||||
18 | participants who are not represented by an organization with | ||||||
19 | the highest or second-highest number of Chicago Transit | ||||||
20 | Authority participants ; and (v) one trustee shall be selected | ||||||
21 | by the Regional Transportation Authority Board of Directors , | ||||||
22 | and the trustee shall be a professional fiduciary who has | ||||||
23 | experience in the area of collectively bargained pension | ||||||
24 | plans. Those trustees serving on the effective date of this | ||||||
25 | amendatory Act of the 103rd General Assembly appointed by the | ||||||
26 | Chicago Transit Board and the Regional Transportation |
| |||||||
| |||||||
1 | Authority Board of Directors shall continue serving until | ||||||
2 | their terms end or they are replaced by the Metropolitan | ||||||
3 | Mobility Authority Board. Trustees shall serve until a | ||||||
4 | successor has been appointed and qualified, or until | ||||||
5 | resignation, death, incapacity, or disqualification. | ||||||
6 | Any person appointed as a trustee of the board shall | ||||||
7 | qualify by taking an oath of office that he or she will | ||||||
8 | diligently and honestly administer the affairs of the system | ||||||
9 | and will not knowingly violate or willfully permit the | ||||||
10 | violation of any of the provisions of law applicable to the | ||||||
11 | Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110, | ||||||
12 | 1-111, 1-114, and 1-115 of the Illinois Pension Code. | ||||||
13 | Each trustee shall cast individual votes, and a majority | ||||||
14 | vote shall be final and binding upon all interested parties, | ||||||
15 | provided that the Board of Trustees may require a | ||||||
16 | supermajority vote with respect to the investment of the | ||||||
17 | assets of the Retirement Plan, and may set forth that | ||||||
18 | requirement in the Retirement Plan documents, by-laws, or | ||||||
19 | rules of the Board of Trustees. Each trustee shall have the | ||||||
20 | rights, privileges, authority, and obligations as are usual | ||||||
21 | and customary for such fiduciaries. | ||||||
22 | The Board of Trustees may cause amounts on deposit in the | ||||||
23 | Retirement Plan to be invested in those investments that are | ||||||
24 | permitted investments for the investment of moneys held under | ||||||
25 | any one or more of the pension or retirement systems of the | ||||||
26 | State, any unit of local government or school district, or any |
| |||||||
| |||||||
1 | agency or instrumentality thereof. The Board, by a vote of at | ||||||
2 | least two-thirds of the trustees, may transfer investment | ||||||
3 | management to the Illinois State Board of Investment, which is | ||||||
4 | hereby authorized to manage these investments when so | ||||||
5 | requested by the Board of Trustees. | ||||||
6 | Notwithstanding any other provision of this Article or any | ||||||
7 | law to the contrary, any person who first became becomes a | ||||||
8 | member of the Chicago Transit Board on or after January 1, 2012 | ||||||
9 | shall not be eligible to participate in this Retirement Plan. | ||||||
10 | (c) All individuals who were previously participants in | ||||||
11 | the Retirement Plan for Chicago Transit Authority Employees | ||||||
12 | shall remain participants, and shall receive the same benefits | ||||||
13 | established by the Retirement Plan for Chicago Transit | ||||||
14 | Authority Employees, except as provided in this amendatory Act | ||||||
15 | or by subsequent legislative enactment or amendment to the | ||||||
16 | Retirement Plan. For Authority employees hired on or after the | ||||||
17 | effective date of this amendatory Act of the 95th General | ||||||
18 | Assembly, the Retirement Plan for Chicago Transit Authority | ||||||
19 | Employees shall be the exclusive retirement plan and such | ||||||
20 | employees shall not be eligible for any supplemental plan, | ||||||
21 | except for a deferred compensation plan funded only by | ||||||
22 | employee contributions. | ||||||
23 | For all Authority employees who are first hired on or | ||||||
24 | after the effective date of this amendatory Act of the 95th | ||||||
25 | General Assembly and are participants in the Retirement Plan | ||||||
26 | for Chicago Transit Authority Employees, the following terms, |
| |||||||
| |||||||
1 | conditions and provisions with respect to retirement shall be | ||||||
2 | applicable: | ||||||
3 | (1) Such participant shall be eligible for an | ||||||
4 | unreduced retirement allowance for life upon the | ||||||
5 | attainment of age 64 with 25 years of continuous service. | ||||||
6 | (2) Such participant shall be eligible for a reduced | ||||||
7 | retirement allowance for life upon the attainment of age | ||||||
8 | 55 with 10 years of continuous service. | ||||||
9 | (3) For the purpose of determining the retirement | ||||||
10 | allowance to be paid to a retiring employee, the term | ||||||
11 | "Continuous Service" as used in the Retirement Plan for | ||||||
12 | Chicago Transit Authority Employees shall also be deemed | ||||||
13 | to include all pension credit for service with any | ||||||
14 | retirement system established under Article 8 or Article | ||||||
15 | 11 of this Code, provided that the employee forfeits and | ||||||
16 | relinquishes all pension credit under Article 8 or Article | ||||||
17 | 11 of this Code, and the contribution required under this | ||||||
18 | subsection is made by the employee. The Retirement Plan's | ||||||
19 | actuary shall determine the contribution paid by the | ||||||
20 | employee as an amount equal to the normal cost of the | ||||||
21 | benefit accrued, had the service been rendered as an | ||||||
22 | employee, plus interest per annum from the time such | ||||||
23 | service was rendered until the date the payment is made. | ||||||
24 | (d) From the effective date of this amendatory Act through | ||||||
25 | December 31, 2008, all participating employees shall | ||||||
26 | contribute to the Retirement Plan in an amount not less than 6% |
| |||||||
| |||||||
1 | of compensation, and the Authority shall contribute to the | ||||||
2 | Retirement Plan in an amount not less than 12% of | ||||||
3 | compensation. | ||||||
4 | (e)(1) Beginning January 1, 2009 the Authority shall make | ||||||
5 | contributions to the Retirement Plan in an amount equal to | ||||||
6 | twelve percent (12%) of compensation and participating | ||||||
7 | employees shall make contributions to the Retirement Plan in | ||||||
8 | an amount equal to six percent (6%) of compensation. These | ||||||
9 | contributions may be paid by the Authority and participating | ||||||
10 | employees on a payroll or other periodic basis, but shall in | ||||||
11 | any case be paid to the Retirement Plan at least monthly. | ||||||
12 | (2) For the period ending December 31, 2040, the amount | ||||||
13 | paid by the Authority in any year with respect to debt service | ||||||
14 | on bonds issued for the purposes of funding a contribution to | ||||||
15 | the Retirement Plan under Section 12c of the Metropolitan | ||||||
16 | Transit Authority Act (repealed) , other than debt service paid | ||||||
17 | with the proceeds of bonds or notes issued by the Authority for | ||||||
18 | any year after calendar year 2008, shall be treated as a credit | ||||||
19 | against the amount of required contribution to the Retirement | ||||||
20 | Plan by the Authority under subsection (e)(1) for the | ||||||
21 | following year up to an amount not to exceed 6% of compensation | ||||||
22 | paid by the Authority in that following year. | ||||||
23 | (3) By September 15 of each year beginning in 2009 and | ||||||
24 | ending on December 31, 2039, on the basis of a report prepared | ||||||
25 | by an enrolled actuary retained by the Plan, the Board of | ||||||
26 | Trustees of the Retirement Plan shall determine the estimated |
| |||||||
| |||||||
1 | funded ratio of the total assets of the Retirement Plan to its | ||||||
2 | total actuarially determined liabilities. A report containing | ||||||
3 | that determination and the actuarial assumptions on which it | ||||||
4 | is based shall be filed with the Authority, the | ||||||
5 | representatives of its participating employees, the Auditor | ||||||
6 | General of the State of Illinois, and the Metropolitan | ||||||
7 | Mobility Regional Transportation Authority. If the funded | ||||||
8 | ratio is projected to decline below 60% in any year before | ||||||
9 | 2040, the Board of Trustees shall also determine the increased | ||||||
10 | contribution required each year as a level percentage of | ||||||
11 | payroll over the years remaining until 2040 using the | ||||||
12 | projected unit credit actuarial cost method so the funded | ||||||
13 | ratio does not decline below 60% and include that | ||||||
14 | determination in its report. If the actual funded ratio | ||||||
15 | declines below 60% in any year prior to 2040, the Board of | ||||||
16 | Trustees shall also determine the increased contribution | ||||||
17 | required each year as a level percentage of payroll during the | ||||||
18 | years after the then current year using the projected unit | ||||||
19 | credit actuarial cost method so the funded ratio is projected | ||||||
20 | to reach at least 60% no later than 10 years after the then | ||||||
21 | current year and include that determination in its report. | ||||||
22 | Within 60 days after receiving the report, the Auditor General | ||||||
23 | shall review the determination and the assumptions on which it | ||||||
24 | is based, and if he finds that the determination and the | ||||||
25 | assumptions on which it is based are unreasonable in the | ||||||
26 | aggregate, he shall issue a new determination of the funded |
| |||||||
| |||||||
1 | ratio, the assumptions on which it is based and the increased | ||||||
2 | contribution required each year as a level percentage of | ||||||
3 | payroll over the years remaining until 2040 using the | ||||||
4 | projected unit credit actuarial cost method so the funded | ||||||
5 | ratio does not decline below 60%, or, in the event of an actual | ||||||
6 | decline below 60%, so the funded ratio is projected to reach | ||||||
7 | 60% by no later than 10 years after the then current year. If | ||||||
8 | the Board of Trustees or the Auditor General determine that an | ||||||
9 | increased contribution is required to meet the funded ratio | ||||||
10 | required by the subsection, effective January 1 following the | ||||||
11 | determination or 30 days after such determination, whichever | ||||||
12 | is later, one-third of the increased contribution shall be | ||||||
13 | paid by participating employees and two-thirds by the | ||||||
14 | Authority, in addition to the contributions required by this | ||||||
15 | subsection (1). | ||||||
16 | (4) For the period beginning 2040, the minimum | ||||||
17 | contribution to the Retirement Plan for each fiscal year shall | ||||||
18 | be an amount determined by the Board of Trustees of the | ||||||
19 | Retirement Plan to be sufficient to bring the total assets of | ||||||
20 | the Retirement Plan up to 90% of its total actuarial | ||||||
21 | liabilities by the end of 2059. Participating employees shall | ||||||
22 | be responsible for one-third of the required contribution and | ||||||
23 | the Authority shall be responsible for two-thirds of the | ||||||
24 | required contribution. In making these determinations, the | ||||||
25 | Board of Trustees shall calculate the required contribution | ||||||
26 | each year as a level percentage of payroll over the years |
| |||||||
| |||||||
1 | remaining to and including fiscal year 2059 using the | ||||||
2 | projected unit credit actuarial cost method. A report | ||||||
3 | containing that determination and the actuarial assumptions on | ||||||
4 | which it is based shall be filed by September 15 of each year | ||||||
5 | with the Authority, the representatives of its participating | ||||||
6 | employees, the Auditor General of the State of Illinois and | ||||||
7 | the Metropolitan Mobility Regional Transportation Authority. | ||||||
8 | If the funded ratio is projected to fail to reach 90% by | ||||||
9 | December 31, 2059, the Board of Trustees shall also determine | ||||||
10 | the increased contribution required each year as a level | ||||||
11 | percentage of payroll over the years remaining until December | ||||||
12 | 31, 2059 using the projected unit credit actuarial cost method | ||||||
13 | so the funded ratio will meet 90% by December 31, 2059 and | ||||||
14 | include that determination in its report. Within 60 days after | ||||||
15 | receiving the report, the Auditor General shall review the | ||||||
16 | determination and the assumptions on which it is based and if | ||||||
17 | he finds that the determination and the assumptions on which | ||||||
18 | it is based are unreasonable in the aggregate, he shall issue a | ||||||
19 | new determination of the funded ratio, the assumptions on | ||||||
20 | which it is based and the increased contribution required each | ||||||
21 | year as a level percentage of payroll over the years remaining | ||||||
22 | until December 31, 2059 using the projected unit credit | ||||||
23 | actuarial cost method so the funded ratio reaches no less than | ||||||
24 | 90% by December 31, 2059. If the Board of Trustees or the | ||||||
25 | Auditor General determine that an increased contribution is | ||||||
26 | required to meet the funded ratio required by this subsection, |
| |||||||
| |||||||
1 | effective January 1 following the determination or 30 days | ||||||
2 | after such determination, whichever is later, one-third of the | ||||||
3 | increased contribution shall be paid by participating | ||||||
4 | employees and two-thirds by the Authority, in addition to the | ||||||
5 | contributions required by subsection (e)(1). | ||||||
6 | (5) Beginning in 2060, the minimum contribution for each | ||||||
7 | year shall be the amount needed to maintain the total assets of | ||||||
8 | the Retirement Plan at 90% of the total actuarial liabilities | ||||||
9 | of the Plan, and the contribution shall be funded two-thirds | ||||||
10 | by the Authority and one-third by the participating employees | ||||||
11 | in accordance with this subsection. | ||||||
12 | (f) The Authority shall take the steps necessary to comply | ||||||
13 | with Section 414(h)(2) of the Internal Revenue Code of 1986, | ||||||
14 | as amended, to permit the pick-up of employee contributions | ||||||
15 | under subsections (d) and (e) on a tax-deferred basis. | ||||||
16 | (g) The Board of Trustees shall certify to the Governor, | ||||||
17 | the General Assembly, the Auditor General, the Board of the | ||||||
18 | Metropolitan Mobility Regional Transportation Authority, and | ||||||
19 | the Authority at least 90 days prior to the end of each fiscal | ||||||
20 | year the amount of the required contributions to the | ||||||
21 | retirement system for the next retirement system fiscal year | ||||||
22 | under this Section. The certification shall include a copy of | ||||||
23 | the actuarial recommendations upon which it is based. In | ||||||
24 | addition, copies of the certification shall be sent to the | ||||||
25 | Commission on Government Forecasting and Accountability and | ||||||
26 | the Mayor of Chicago. |
| |||||||
| |||||||
1 | (h)(1) As to an employee who first becomes entitled to a | ||||||
2 | retirement allowance commencing on or after November 30, 1989, | ||||||
3 | the retirement allowance shall be the amount determined in | ||||||
4 | accordance with the following formula: | ||||||
5 | (A) One percent (1%) of his "Average Annual | ||||||
6 | Compensation in the highest four (4) completed Plan Years" | ||||||
7 | for each full year of continuous service from the date of | ||||||
8 | original employment to the effective date of the Plan; | ||||||
9 | plus | ||||||
10 | (B) One and seventy-five hundredths percent (1.75%) of | ||||||
11 | his "Average Annual Compensation in the highest four (4) | ||||||
12 | completed Plan Years" for each year (including fractions | ||||||
13 | thereof to completed calendar months) of continuous | ||||||
14 | service as provided for in the Retirement Plan for Chicago | ||||||
15 | Transit Authority Employees. | ||||||
16 | Provided, however that: | ||||||
17 | (2) As to an employee who first becomes entitled to a | ||||||
18 | retirement allowance commencing on or after January 1, 1993, | ||||||
19 | the retirement allowance shall be the amount determined in | ||||||
20 | accordance with the following formula: | ||||||
21 | (A) One percent (1%) of his "Average Annual | ||||||
22 | Compensation in the highest four (4) completed Plan Years" | ||||||
23 | for each full year of continuous service from the date of | ||||||
24 | original employment to the effective date of the Plan; | ||||||
25 | plus | ||||||
26 | (B) One and eighty hundredths percent (1.80%) of his |
| |||||||
| |||||||
1 | "Average Annual Compensation in the highest four (4) | ||||||
2 | completed Plan Years" for each year (including fractions | ||||||
3 | thereof to completed calendar months) of continuous | ||||||
4 | service as provided for in the Retirement Plan for Chicago | ||||||
5 | Transit Authority Employees. | ||||||
6 | Provided, however that: | ||||||
7 | (3) As to an employee who first becomes entitled to a | ||||||
8 | retirement allowance commencing on or after January 1, 1994, | ||||||
9 | the retirement allowance shall be the amount determined in | ||||||
10 | accordance 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 eighty-five hundredths percent (1.85%) 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. | ||||||
22 | Provided, however that: | ||||||
23 | (4) As to an employee who first becomes entitled to a | ||||||
24 | retirement allowance commencing on or after January 1, 2000, | ||||||
25 | the retirement allowance shall be the amount determined in | ||||||
26 | accordance with the following formula: |
| |||||||
| |||||||
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) Two percent (2%) of his "Average Annual | ||||||
7 | Compensation in the highest four (4) completed Plan Years" | ||||||
8 | for each year (including fractions thereof to completed | ||||||
9 | calendar months) of continuous service as provided for in | ||||||
10 | the Retirement Plan for Chicago Transit Authority | ||||||
11 | Employees. | ||||||
12 | Provided, however that: | ||||||
13 | (5) As to an employee who first becomes entitled to a | ||||||
14 | retirement allowance commencing on or after January 1, 2001, | ||||||
15 | the retirement allowance shall be the amount determined in | ||||||
16 | accordance 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) Two and fifteen hundredths percent (2.15%) of his | ||||||
23 | "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 |
| |||||||
| |||||||
1 | Transit Authority Employees. | ||||||
2 | The changes made by this amendatory Act of the 95th | ||||||
3 | General Assembly, to the extent that they affect the rights or | ||||||
4 | privileges of Authority employees that are currently the | ||||||
5 | subject of collective bargaining, have been agreed to between | ||||||
6 | the authorized representatives of these employees and of the | ||||||
7 | Authority prior to enactment of this amendatory Act, as | ||||||
8 | evidenced by a Memorandum of Understanding between these | ||||||
9 | representatives that will be filed with the Secretary of State | ||||||
10 | Index Department and designated as "95-GA-C05". The General | ||||||
11 | Assembly finds and declares that those changes are consistent | ||||||
12 | with 49 U.S.C. 5333(b) (also known as Section 13(c) of the | ||||||
13 | Federal Transit Act) because of this agreement between | ||||||
14 | authorized representatives of these employees and of the | ||||||
15 | Authority, and that any future amendments to the provisions of | ||||||
16 | this amendatory Act of the 95th General Assembly, to the | ||||||
17 | extent those amendments would affect the rights and privileges | ||||||
18 | of Authority employees that are currently the subject of | ||||||
19 | collective bargaining, would be consistent with 49 U.S.C. | ||||||
20 | 5333(b) if and only if those amendments were agreed to between | ||||||
21 | these authorized representatives prior to enactment. | ||||||
22 | (i) Early retirement incentive plan; funded ratio. | ||||||
23 | (1) Beginning on the effective date of this Section, | ||||||
24 | no early retirement incentive shall be offered to | ||||||
25 | participants of the Plan unless the Funded Ratio of the | ||||||
26 | Plan is at least 80% or more. |
| |||||||
| |||||||
1 | (2) For the purposes of this Section, the Funded Ratio | ||||||
2 | shall be the Adjusted Assets divided by the Actuarial | ||||||
3 | Accrued Liability developed in accordance with Statement | ||||||
4 | #25 promulgated by the Government Accounting Standards | ||||||
5 | Board and the actuarial assumptions described in the Plan. | ||||||
6 | The Adjusted Assets shall be calculated based on the | ||||||
7 | methodology described in the Plan. | ||||||
8 | (j) Nothing in this amendatory Act of the 95th General | ||||||
9 | Assembly shall impair the rights or privileges of Authority | ||||||
10 | employees under any other law. | ||||||
11 | (k) Any individual who, on or after August 19, 2011 (the | ||||||
12 | effective date of Public Act 97-442), first becomes a | ||||||
13 | participant of the Retirement Plan shall not be paid any of the | ||||||
14 | benefits provided under this Code if he or she is convicted of | ||||||
15 | a felony relating to, arising out of, or in connection with his | ||||||
16 | or her service as a participant. | ||||||
17 | This subsection (k) shall not operate to impair any | ||||||
18 | contract or vested right acquired before August 19, 2011 (the | ||||||
19 | effective date of Public Act 97-442) under any law or laws | ||||||
20 | continued in this Code, and it shall not preclude the right to | ||||||
21 | refund. | ||||||
22 | (Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12; | ||||||
23 | 97-813, eff. 7-13-12.) | ||||||
24 | (40 ILCS 5/22-101B) | ||||||
25 | Sec. 22-101B. Health Care Benefits. |
| |||||||
| |||||||
1 | (a) The Metropolitan Mobility Chicago Transit Authority | ||||||
2 | (hereinafter referred to in this Section as the "Authority") | ||||||
3 | shall take all actions lawfully available to it to separate | ||||||
4 | the funding of health care benefits for retirees and their | ||||||
5 | dependents and survivors from the funding for its retirement | ||||||
6 | system. The Authority shall endeavor to achieve this | ||||||
7 | separation as soon as possible, and in any event no later than | ||||||
8 | July 1, 2009. | ||||||
9 | (b) Effective 90 days after the effective date of this | ||||||
10 | amendatory Act of the 95th General Assembly, a Retiree Health | ||||||
11 | Care Trust is established for the purpose of providing health | ||||||
12 | care benefits to eligible retirees and their dependents and | ||||||
13 | survivors in accordance with the terms and conditions set | ||||||
14 | forth in this Section 22-101B. The Retiree Health Care Trust | ||||||
15 | shall be solely responsible for providing health care benefits | ||||||
16 | to eligible retirees and their dependents and survivors upon | ||||||
17 | the exhaustion of the account established by the Retirement | ||||||
18 | Plan for Chicago Transit Authority Employees pursuant to | ||||||
19 | Section 401(h) of the Internal Revenue Code of 1986, but no | ||||||
20 | earlier than January 1, 2009 and no later than July 1, 2009. | ||||||
21 | (1) The Board of Trustees shall consist of 7 members | ||||||
22 | appointed as follows: (i) 4 3 trustees shall be appointed | ||||||
23 | by the Metropolitan Mobility Authority Board Chicago | ||||||
24 | Transit Board ; (ii) one trustee shall be appointed by an | ||||||
25 | organization representing the highest number of former | ||||||
26 | Chicago Transit Authority participants; (iii) one trustee |
| |||||||
| |||||||
1 | shall be appointed by an organization representing the | ||||||
2 | second-highest number of former Chicago Transit Authority | ||||||
3 | participants; and (iv) one trustee shall be appointed by | ||||||
4 | the recognized coalition representatives of participants | ||||||
5 | who are not represented by an organization with the | ||||||
6 | highest or second-highest number of former Chicago Transit | ||||||
7 | Authority participants ; and (v) one trustee shall be | ||||||
8 | selected by the Regional Transportation Authority Board of | ||||||
9 | Directors , and the trustee shall be a professional | ||||||
10 | fiduciary who has experience in the area of collectively | ||||||
11 | bargained retiree health plans. Those trustees serving on | ||||||
12 | the effective date of this amendatory Act of the 103rd | ||||||
13 | General Assembly appointed by the Chicago Transit Board | ||||||
14 | and the Regional Transportation Authority Board of | ||||||
15 | Directors shall continue serving until their terms end or | ||||||
16 | they are replaced by the Metropolitan Mobility Authority | ||||||
17 | Board. Trustees shall serve until a successor has been | ||||||
18 | appointed and qualified, or until resignation, death, | ||||||
19 | incapacity, or disqualification. | ||||||
20 | Any person appointed as a trustee of the board shall | ||||||
21 | qualify by taking an oath of office that he or she will | ||||||
22 | diligently and honestly administer the affairs of the | ||||||
23 | system, and will not knowingly violate or willfully permit | ||||||
24 | the violation of any of the provisions of law applicable | ||||||
25 | to the Plan, including Sections 1-109, 1-109.1, 1-109.2, | ||||||
26 | 1-110, 1-111, 1-114, and 1-115 of Article 1 of the |
| |||||||
| |||||||
1 | Illinois Pension Code. | ||||||
2 | Each trustee shall cast individual votes, and a | ||||||
3 | majority vote shall be final and binding upon all | ||||||
4 | interested parties, provided that the Board of Trustees | ||||||
5 | may require a supermajority vote with respect to the | ||||||
6 | investment of the assets of the Retiree Health Care Trust, | ||||||
7 | and may set forth that requirement in the trust agreement | ||||||
8 | or by-laws of the Board of Trustees. Each trustee shall | ||||||
9 | have the rights, privileges, authority and obligations as | ||||||
10 | are usual and customary for such fiduciaries. | ||||||
11 | (2) The Board of Trustees shall establish and | ||||||
12 | administer a health care benefit program for eligible | ||||||
13 | retirees and their dependents and survivors. Any health | ||||||
14 | care benefit program established by the Board of Trustees | ||||||
15 | for eligible retirees and their dependents and survivors | ||||||
16 | effective on or after July 1, 2009 shall not contain any | ||||||
17 | plan which provides for more than 90% coverage for | ||||||
18 | in-network services or 70% coverage for out-of-network | ||||||
19 | services after any deductible has been paid, except that | ||||||
20 | coverage through a health maintenance organization ("HMO") | ||||||
21 | may be provided at 100%. | ||||||
22 | (2.5) The Board of Trustees may also establish and | ||||||
23 | administer a health reimbursement arrangement for retirees | ||||||
24 | and for former employees of the Authority or the | ||||||
25 | Retirement Plan, and their survivors, who have contributed | ||||||
26 | to the Retiree Health Care Trust but do not satisfy the |
| |||||||
| |||||||
1 | years of service requirement of subdivision (b)(4) and the | ||||||
2 | terms of the retiree health care plan; or for those who do | ||||||
3 | satisfy the requirements of subdivision (b)(4) and the | ||||||
4 | terms of the retiree health care plan but who decline | ||||||
5 | coverage under the plan prior to retirement. Any such | ||||||
6 | health reimbursement arrangement may provide that: the | ||||||
7 | retirees or former employees of the Authority or the | ||||||
8 | Retirement Plan, and their survivors, must have reached | ||||||
9 | age 65 to be eligible to participate in the health | ||||||
10 | reimbursement arrangement; contributions by the retirees | ||||||
11 | or former employees of the Authority or the Retirement | ||||||
12 | Plan to the Retiree Health Care Trust shall be considered | ||||||
13 | assets of the Retiree Health Care Trust only; | ||||||
14 | contributions shall not accrue interest for the benefit of | ||||||
15 | the retiree or former employee of the Authority or the | ||||||
16 | Retirement Plan or survivor; benefits shall be payable in | ||||||
17 | accordance with the Internal Revenue Code of 1986; the | ||||||
18 | amounts paid to or on account of the retiree or former | ||||||
19 | employee of the Authority or the Retirement Plan or | ||||||
20 | survivor shall not exceed the total amount which the | ||||||
21 | retiree or former employee of the Authority or the | ||||||
22 | Retirement Plan contributed to the Retiree Health Care | ||||||
23 | Trust; the Retiree Health Care Trust may charge a | ||||||
24 | reasonable administrative fee for processing the benefits. | ||||||
25 | The Board of Trustees of the Retiree Health Care Trust may | ||||||
26 | establish such rules, limitations and requirements as the |
| |||||||
| |||||||
1 | Board of Trustees deems appropriate. | ||||||
2 | (3) The Retiree Health Care Trust shall be | ||||||
3 | administered by the Board of Trustees according to the | ||||||
4 | following requirements: | ||||||
5 | (i) The Board of Trustees may cause amounts on | ||||||
6 | deposit in the Retiree Health Care Trust to be | ||||||
7 | invested in those investments that are permitted | ||||||
8 | investments for the investment of moneys held under | ||||||
9 | any one or more of the pension or retirement systems of | ||||||
10 | the State, any unit of local government or school | ||||||
11 | district, or any agency or instrumentality thereof. | ||||||
12 | The Board, by a vote of at least two-thirds of the | ||||||
13 | trustees, may transfer investment management to the | ||||||
14 | Illinois State Board of Investment, which is hereby | ||||||
15 | authorized to manage these investments when so | ||||||
16 | requested by the Board of Trustees. | ||||||
17 | (ii) The Board of Trustees shall establish and | ||||||
18 | maintain an appropriate funding reserve level which | ||||||
19 | shall not be less than the amount of incurred and | ||||||
20 | unreported claims plus 12 months of expected claims | ||||||
21 | and administrative expenses. | ||||||
22 | (iii) The Board of Trustees shall make an annual | ||||||
23 | assessment of the funding levels of the Retiree Health | ||||||
24 | Care Trust and shall submit a report to the Auditor | ||||||
25 | General at least 90 days prior to the end of the fiscal | ||||||
26 | year. The report shall provide the following: |
| |||||||
| |||||||
1 | (A) the actuarial present value of projected | ||||||
2 | benefits expected to be paid to current and future | ||||||
3 | retirees and their dependents and survivors; | ||||||
4 | (B) the actuarial present value of projected | ||||||
5 | contributions and trust income plus assets; | ||||||
6 | (C) the reserve required by subsection | ||||||
7 | (b)(3)(ii); and | ||||||
8 | (D) an assessment of whether the actuarial | ||||||
9 | present value of projected benefits expected to be | ||||||
10 | paid to current and future retirees and their | ||||||
11 | dependents and survivors exceeds or is less than | ||||||
12 | the actuarial present value of projected | ||||||
13 | contributions and trust income plus assets in | ||||||
14 | excess of the reserve required by subsection | ||||||
15 | (b)(3)(ii). | ||||||
16 | If the actuarial present value of projected | ||||||
17 | benefits expected to be paid to current and future | ||||||
18 | retirees and their dependents and survivors exceeds | ||||||
19 | the actuarial present value of projected contributions | ||||||
20 | and trust income plus assets in excess of the reserve | ||||||
21 | required by subsection (b)(3)(ii), then the report | ||||||
22 | shall provide a plan, to be implemented over a period | ||||||
23 | of not more than 10 years from each valuation date, | ||||||
24 | which would make the actuarial present value of | ||||||
25 | projected contributions and trust income plus assets | ||||||
26 | equal to or exceed the actuarial present value of |
| |||||||
| |||||||
1 | projected benefits expected to be paid to current and | ||||||
2 | future retirees and their dependents and survivors. | ||||||
3 | The plan may consist of increases in employee, | ||||||
4 | retiree, dependent, or survivor contribution levels, | ||||||
5 | decreases in benefit levels, or other plan changes or | ||||||
6 | any combination thereof. If the actuarial present | ||||||
7 | value of projected benefits expected to be paid to | ||||||
8 | current and future retirees and their dependents and | ||||||
9 | survivors is less than the actuarial present value of | ||||||
10 | projected contributions and trust income plus assets | ||||||
11 | in excess of the reserve required by subsection | ||||||
12 | (b)(3)(ii), then the report may provide a plan of | ||||||
13 | decreases in employee, retiree, dependent, or survivor | ||||||
14 | contribution levels, increases in benefit levels, or | ||||||
15 | other plan changes, or any combination thereof, to the | ||||||
16 | extent of the surplus. | ||||||
17 | (iv) The Auditor General shall review the report | ||||||
18 | and plan provided in subsection (b)(3)(iii) and issue | ||||||
19 | a determination within 90 days after receiving the | ||||||
20 | report and plan, with a copy of such determination | ||||||
21 | provided to the General Assembly and the Metropolitan | ||||||
22 | Mobility Regional Transportation Authority, as | ||||||
23 | follows: | ||||||
24 | (A) In the event of a projected shortfall, if | ||||||
25 | the Auditor General determines that the | ||||||
26 | assumptions stated in the report are not |
| |||||||
| |||||||
1 | unreasonable in the aggregate and that the plan of | ||||||
2 | increases in employee, retiree, dependent, or | ||||||
3 | survivor contribution levels, decreases in benefit | ||||||
4 | levels, or other plan changes, or any combination | ||||||
5 | thereof, to be implemented over a period of not | ||||||
6 | more than 10 years from each valuation date, is | ||||||
7 | reasonably projected to make the actuarial present | ||||||
8 | value of projected contributions and trust income | ||||||
9 | plus assets equal to or in excess of the actuarial | ||||||
10 | present value of projected benefits expected to be | ||||||
11 | paid to current and future retirees and their | ||||||
12 | dependents and survivors, then the Board of | ||||||
13 | Trustees shall implement the plan. If the Auditor | ||||||
14 | General determines that the assumptions stated in | ||||||
15 | the report are unreasonable in the aggregate, or | ||||||
16 | that the plan of increases in employee, retiree, | ||||||
17 | dependent, or survivor contribution levels, | ||||||
18 | decreases in benefit levels, or other plan changes | ||||||
19 | to be implemented over a period of not more than 10 | ||||||
20 | years from each valuation date, is not reasonably | ||||||
21 | projected to make the actuarial present value of | ||||||
22 | projected contributions and trust income plus | ||||||
23 | assets equal to or in excess of the actuarial | ||||||
24 | present value of projected benefits expected to be | ||||||
25 | paid to current and future retirees and their | ||||||
26 | dependents and survivors, then the Board of |
| |||||||
| |||||||
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 | (B) In the event of a projected surplus, if | ||||||
7 | the Auditor General determines that the | ||||||
8 | assumptions stated in the report are not | ||||||
9 | unreasonable in the aggregate and that the plan of | ||||||
10 | decreases in employee, retiree, dependent, or | ||||||
11 | survivor contribution levels, increases in benefit | ||||||
12 | levels, or both, is not unreasonable in the | ||||||
13 | aggregate, then the Board of Trustees shall | ||||||
14 | implement the plan. If the Auditor General | ||||||
15 | determines that the assumptions stated in the | ||||||
16 | report are unreasonable in the aggregate, or that | ||||||
17 | the plan of decreases in employee, retiree, | ||||||
18 | dependent, or survivor contribution levels, | ||||||
19 | increases in benefit levels, or both, is | ||||||
20 | unreasonable in the aggregate, then the Board of | ||||||
21 | Trustees shall not implement the plan, the Auditor | ||||||
22 | General shall explain the basis for such | ||||||
23 | determination to the Board of Trustees, and the | ||||||
24 | Auditor General may make recommendations as to an | ||||||
25 | alternative report and plan. | ||||||
26 | (C) The Board of Trustees shall submit an |
| |||||||
| |||||||
1 | alternative report and plan within 45 days after | ||||||
2 | receiving a rejection determination by the Auditor | ||||||
3 | General. A determination by the Auditor General on | ||||||
4 | any alternative report and plan submitted by the | ||||||
5 | Board of Trustees shall be made within 90 days | ||||||
6 | after receiving the alternative report and plan, | ||||||
7 | and shall be accepted or rejected according to the | ||||||
8 | requirements of this subsection (b)(3)(iv). The | ||||||
9 | Board of Trustees shall continue to submit | ||||||
10 | alternative reports and plans to the Auditor | ||||||
11 | General, as necessary, until a favorable | ||||||
12 | determination is made by the Auditor General. | ||||||
13 | (4) For any retiree who first retires effective on or | ||||||
14 | after January 18, 2008, to be eligible for retiree health | ||||||
15 | care benefits upon retirement, the retiree must be at | ||||||
16 | least 55 years of age, retire with 10 or more years of | ||||||
17 | continuous service and satisfy the preconditions | ||||||
18 | established by Public Act 95-708 in addition to any rules | ||||||
19 | or regulations promulgated by the Board of Trustees. | ||||||
20 | Notwithstanding the foregoing, any retiree hired on or | ||||||
21 | before September 5, 2001 who retires with 25 years or more | ||||||
22 | of continuous service shall be eligible for retiree health | ||||||
23 | care benefits upon retirement in accordance with any rules | ||||||
24 | or regulations adopted by the Board of Trustees; provided | ||||||
25 | he or she retires prior to the full execution of the | ||||||
26 | successor collective bargaining agreement to the |
| |||||||
| |||||||
1 | collective bargaining agreement that became effective | ||||||
2 | January 1, 2007 between the Authority and the | ||||||
3 | organizations representing the highest and second-highest | ||||||
4 | number of former Chicago Transit Authority participants. | ||||||
5 | This paragraph (4) shall not apply to a disability | ||||||
6 | allowance. | ||||||
7 | (5) Effective January 1, 2009, the aggregate amount of | ||||||
8 | retiree, dependent and survivor contributions to the cost | ||||||
9 | of their health care benefits shall not exceed more than | ||||||
10 | 45% of the total cost of such benefits. The Board of | ||||||
11 | Trustees shall have the discretion to provide different | ||||||
12 | contribution levels for retirees, dependents and survivors | ||||||
13 | based on their years of service, level of coverage or | ||||||
14 | Medicare eligibility, provided that the total contribution | ||||||
15 | from all retirees, dependents, and survivors shall be not | ||||||
16 | more than 45% of the total cost of such benefits. The term | ||||||
17 | "total cost of such benefits" for purposes of this | ||||||
18 | subsection shall be the total amount expended by the | ||||||
19 | retiree health benefit program in the prior plan year, as | ||||||
20 | calculated and certified in writing by the Retiree Health | ||||||
21 | Care Trust's enrolled actuary to be appointed and paid for | ||||||
22 | by the Board of Trustees. | ||||||
23 | (6) Effective January 1, 2022, all employees of the | ||||||
24 | Authority shall contribute to the Retiree Health Care | ||||||
25 | Trust in an amount not less than 1% of compensation. | ||||||
26 | (7) No earlier than January 1, 2009 and no later than |
| |||||||
| |||||||
1 | July 1, 2009 as the Retiree Health Care Trust becomes | ||||||
2 | solely responsible for providing health care benefits to | ||||||
3 | eligible retirees and their dependents and survivors in | ||||||
4 | accordance with subsection (b) of this Section 22-101B, | ||||||
5 | the Authority shall not have any obligation to provide | ||||||
6 | health care to current or future retirees and their | ||||||
7 | dependents or survivors. Employees, retirees, dependents, | ||||||
8 | and survivors who are required to make contributions to | ||||||
9 | the Retiree Health Care Trust shall make contributions at | ||||||
10 | the level set by the Board of Trustees pursuant to the | ||||||
11 | requirements of this Section 22-101B. | ||||||
12 | (Source: P.A. 102-415, eff. 1-1-22 .) | ||||||
13 | (40 ILCS 5/22-103) | ||||||
14 | Sec. 22-103. Metropolitan Mobility Regional Transportation | ||||||
15 | Authority and related pension plans. | ||||||
16 | (a) As used in this Section: | ||||||
17 | "Affected pension plan" means a defined-benefit pension | ||||||
18 | plan supported in whole or in part by employer contributions | ||||||
19 | and maintained by the Metropolitan Mobility Authority Regional | ||||||
20 | Transportation Authority, the Suburban Bus Division, or the | ||||||
21 | Commuter Rail Division, or any combination thereof, under the | ||||||
22 | general authority of the Metropolitan Mobility Regional | ||||||
23 | Transportation Authority Act, including but not limited to any | ||||||
24 | such plan that has been established under or is subject to a | ||||||
25 | collective bargaining agreement or is limited to employees |
| |||||||
| |||||||
1 | covered by a collective bargaining agreement. "Affected | ||||||
2 | pension plan" does not include any pension fund or retirement | ||||||
3 | system subject to Section 22-101 of this Section. | ||||||
4 | "Authority" means the Metropolitan Mobility Regional | ||||||
5 | Transportation Authority created under the Metropolitan | ||||||
6 | Mobility Regional Transportation Authority Act. | ||||||
7 | "Contributing employer" means an employer that is required | ||||||
8 | to make contributions to an affected pension plan under the | ||||||
9 | terms of that plan. | ||||||
10 | "Funding ratio" means the ratio of an affected pension | ||||||
11 | plan's assets to the present value of its actuarial | ||||||
12 | liabilities, as determined at its latest actuarial valuation | ||||||
13 | in accordance with applicable actuarial assumptions and | ||||||
14 | recommendations. | ||||||
15 | "Under-funded pension plan" or "under-funded" means an | ||||||
16 | affected pension plan that, at the time of its last actuarial | ||||||
17 | valuation, has a funding ratio of less than 90%. | ||||||
18 | (b) The contributing employers of each affected pension | ||||||
19 | plan have a general duty to make the required employer | ||||||
20 | contributions to the affected pension plan in a timely manner | ||||||
21 | in accordance with the terms of the plan. A contributing | ||||||
22 | employer must make contributions to the affected pension plan | ||||||
23 | as required under this subsection and, if applicable, | ||||||
24 | subsection (c); a contributing employer may make any | ||||||
25 | additional contributions provided for by the board of the | ||||||
26 | employer or collective bargaining agreement. |
| |||||||
| |||||||
1 | (c) In the case of an affected pension plan that is | ||||||
2 | under-funded on January 1, 2009 or becomes under-funded at any | ||||||
3 | time after that date, the contributing employers shall | ||||||
4 | contribute to the affected pension plan, in addition to all | ||||||
5 | amounts otherwise required, amounts sufficient to bring the | ||||||
6 | funding ratio of the affected pension plan up to 90% in | ||||||
7 | accordance with an amortization schedule adopted jointly by | ||||||
8 | the contributing employers and the trustee of the affected | ||||||
9 | pension plan. The amortization schedule may extend for any | ||||||
10 | period up to a maximum of 50 years and shall provide for | ||||||
11 | additional employer contributions in substantially equal | ||||||
12 | annual amounts over the selected period. If the contributing | ||||||
13 | employers and the trustee of the affected pension plan do not | ||||||
14 | agree on an appropriate period for the amortization schedule | ||||||
15 | within 6 months of the date of determination that the plan is | ||||||
16 | under-funded, then the amortization schedule shall be based on | ||||||
17 | a period of 50 years. | ||||||
18 | In the case of an affected pension plan that has more than | ||||||
19 | one contributing employer, each contributing employer's share | ||||||
20 | of the total additional employer contributions required under | ||||||
21 | this subsection shall be determined: (i) in proportion to the | ||||||
22 | amounts, if any, by which the respective contributing | ||||||
23 | employers have failed to meet their contribution obligations | ||||||
24 | under the terms of the affected pension plan; or (ii) if all of | ||||||
25 | the contributing employers have met their contribution | ||||||
26 | obligations under the terms of the affected pension plan, then |
| |||||||
| |||||||
1 | in the same proportion as they are required to contribute | ||||||
2 | under the terms of that plan. In the case of an affected | ||||||
3 | pension plan that has only one contributing employer, that | ||||||
4 | contributing employer is responsible for all of the additional | ||||||
5 | employer contributions required under this subsection. | ||||||
6 | If an under-funded pension plan is determined to have | ||||||
7 | achieved a funding ratio of at least 90% during the period when | ||||||
8 | an amortization schedule is in force under this Section, the | ||||||
9 | contributing employers and the trustee of the affected pension | ||||||
10 | plan, acting jointly, may cancel the amortization schedule and | ||||||
11 | the contributing employers may cease making additional | ||||||
12 | contributions under this subsection for as long as the | ||||||
13 | affected pension plan retains a funding ratio of at least 90%. | ||||||
14 | (d) Beginning January 1, 2009, if the Authority fails to | ||||||
15 | pay to an affected pension fund within 30 days after it is due | ||||||
16 | (i) any employer contribution that it is required to make as a | ||||||
17 | contributing employer, (ii) any additional employer | ||||||
18 | contribution that it is required to pay under subsection (c), | ||||||
19 | or (iii) any payment that it is required to make under | ||||||
20 | subsection (d) of Section 3.03 of the Metropolitan Mobility | ||||||
21 | Authority Act as a result of Section 4.02a or 4.02b of the | ||||||
22 | Regional Transportation Authority Act (repealed) , the trustee | ||||||
23 | of the affected pension fund shall promptly so notify the | ||||||
24 | Commission on Government Forecasting and Accountability, the | ||||||
25 | Mayor of Chicago, the Governor, and the General Assembly. | ||||||
26 | (e) For purposes of determining employer contributions, |
| |||||||
| |||||||
1 | assets, and actuarial liabilities under this subsection, | ||||||
2 | contributions, assets, and liabilities relating to health care | ||||||
3 | benefits shall not be included. | ||||||
4 | (f) This amendatory Act of the 94th General Assembly does | ||||||
5 | not affect or impair the right of any contributing employer or | ||||||
6 | its employees to collectively bargain the amount or level of | ||||||
7 | employee contributions to an affected pension plan, to the | ||||||
8 | extent that the plan includes employees subject to collective | ||||||
9 | bargaining. | ||||||
10 | (g) Any individual who, on or after August 19, 2011 (the | ||||||
11 | effective date of Public Act 97-442), first becomes a | ||||||
12 | participant of an affected pension plan shall not be paid any | ||||||
13 | of the benefits provided under this Code if he or she is | ||||||
14 | convicted of a felony relating to, arising out of, or in | ||||||
15 | connection with his or her service as a participant. | ||||||
16 | This subsection shall not operate to impair any contract | ||||||
17 | or vested right acquired before August 19, 2011 (the effective | ||||||
18 | date of Public Act 97-442) under any law or laws continued in | ||||||
19 | this Code, and it shall not preclude the right to refund. | ||||||
20 | (h) Notwithstanding any other provision of this Article or | ||||||
21 | any law to the contrary, a person who, on or after January 1, | ||||||
22 | 2012 (the effective date of Public Act 97-609), first becomes | ||||||
23 | a director on the Suburban Bus Board, the Commuter Rail Board, | ||||||
24 | or the Board of Directors of the Regional Transportation | ||||||
25 | Authority , or the Board of Directors of the Metropolitan | ||||||
26 | Mobility Authority shall not be eligible to participate in an |
| |||||||
| |||||||
1 | affected pension plan. | ||||||
2 | (Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12; | ||||||
3 | 97-813, eff. 7-13-12.) | ||||||
4 | (40 ILCS 5/22-105) | ||||||
5 | Sec. 22-105. Application to Metropolitan Mobility Regional | ||||||
6 | Transportation Authority Board members. This Code does not | ||||||
7 | apply to any individual who first becomes a member of the | ||||||
8 | Regional Transportation Authority Board on or after the | ||||||
9 | effective date of this amendatory Act of the 98th General | ||||||
10 | Assembly with respect to service on that Board or the | ||||||
11 | Metropolitan Mobility Authority Board on or after the | ||||||
12 | effective date of this amendatory Act of the 103rd General | ||||||
13 | Assembly with respect to service on that Board . | ||||||
14 | (Source: P.A. 98-108, eff. 7-23-13.) | ||||||
15 | Section 20.28. The Illinois Municipal Budget Law is | ||||||
16 | amended by changing Section 2 as follows: | ||||||
17 | (50 ILCS 330/2) (from Ch. 85, par. 802) | ||||||
18 | Sec. 2. The following terms, unless the context otherwise | ||||||
19 | indicates, have the following meaning: | ||||||
20 | (1) "Municipality" means and includes all municipal | ||||||
21 | corporations and political subdivisions of this State, or any | ||||||
22 | such unit or body hereafter created by authority of law, | ||||||
23 | except the following: (a) The State of Illinois; (b) counties; |
| |||||||
| |||||||
1 | (c) cities, villages and incorporated towns; (d) sanitary | ||||||
2 | districts created under "An Act to create sanitary districts | ||||||
3 | and to remove obstructions in the Des Plaines and Illinois | ||||||
4 | Rivers", approved May 29, 1889, as amended; (e) forest | ||||||
5 | preserve districts having a population of 500,000 or more, | ||||||
6 | created under "An Act to provide for the creation and | ||||||
7 | management of forest preserve districts and repealing certain | ||||||
8 | Acts therein named", approved June 27, 1913, as amended; (f) | ||||||
9 | school districts; (g) the Chicago Park District created under | ||||||
10 | "An Act in relation to the creation, maintenance, operation | ||||||
11 | and improvement of the Chicago Park District", approved, June | ||||||
12 | 10, 1933, as amended; (h) park districts created under "The | ||||||
13 | Park District Code", approved July 8, 1947, as amended; (i) | ||||||
14 | the Metropolitan Mobility Regional Transportation Authority | ||||||
15 | created under the Metropolitan Mobility "Regional | ||||||
16 | Transportation Authority Act ", enacted by the 78th General | ||||||
17 | Assembly ; and (j) the Illinois Sports Facilities Authority. | ||||||
18 | (2) "Governing body" means the corporate authorities, | ||||||
19 | body, or other officer of the municipality authorized by law | ||||||
20 | to raise revenue, appropriate funds, or levy taxes for the | ||||||
21 | operation and maintenance thereof. | ||||||
22 | (3) "Department" means the Department of Commerce and | ||||||
23 | Economic Opportunity. | ||||||
24 | (Source: P.A. 94-793, eff. 5-19-06.) | ||||||
25 | Section 20.29. The Counties Code is amended by changing |
| |||||||
| |||||||
1 | Section 6-34000 as follows: | ||||||
2 | (55 ILCS 5/6-34000) | ||||||
3 | Sec. 6-34000. Report on funds received under the | ||||||
4 | Metropolitan Mobility Regional Transportation Authority Act. | ||||||
5 | If the Board of the Metropolitan Mobility Regional | ||||||
6 | Transportation Authority adopts an ordinance under Section | ||||||
7 | 6.02 4.03 of the Metropolitan Mobility Regional Transportation | ||||||
8 | Authority Act imposing a retailers' occupation tax and a | ||||||
9 | service occupation tax at the rate of 0.75% in the counties of | ||||||
10 | DuPage, Kane, Lake, McHenry, and Will, then the County Boards | ||||||
11 | of DuPage, Kane, Lake, McHenry, and Will counties shall each | ||||||
12 | report to the General Assembly and the Commission on | ||||||
13 | Government Forecasting and Accountability by March 1 of the | ||||||
14 | year following the adoption of the ordinance and March 1 of | ||||||
15 | each year thereafter. That report shall include the total | ||||||
16 | amounts received by the County under subsection (cc) of | ||||||
17 | Section 6.02 (n) of Section 4.03 of the Metropolitan Mobility | ||||||
18 | Regional Transportation Authority Act and the expenditures and | ||||||
19 | obligations of the County using those funds during the | ||||||
20 | previous calendar year. | ||||||
21 | (Source: P.A. 95-906, eff. 8-26-08.) | ||||||
22 | Section 20.30. The Illinois Municipal Code is amended by | ||||||
23 | changing Sections 11-1-11, 11-74.4-3 and 11-122.2-1 and | ||||||
24 | changing the heading of Division 122.2 of Article 11 as |
| |||||||
| |||||||
1 | follows: | ||||||
2 | (65 ILCS 5/11-1-11) (from Ch. 24, par. 11-1-11) | ||||||
3 | Sec. 11-1-11. Agreement with another entity to enforce | ||||||
4 | traffic ordinances. The corporate authorities of a | ||||||
5 | municipality with a population greater than 1,000,000 may | ||||||
6 | enter into an agreement with the Metropolitan Mobility Chicago | ||||||
7 | Transit Authority, created under the Metropolitan Mobility | ||||||
8 | Metropolitan Transit Authority Act, whereby Chicago Transit | ||||||
9 | Authority supervisory employees are empowered to enforce | ||||||
10 | certain traffic ordinances enacted by the municipality. | ||||||
11 | (Source: P.A. 87-597.) | ||||||
12 | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3) | ||||||
13 | Sec. 11-74.4-3. Definitions. The following terms, wherever | ||||||
14 | used or referred to in this Division 74.4 shall have the | ||||||
15 | following respective meanings, unless in any case a different | ||||||
16 | meaning clearly appears from the context. | ||||||
17 | (a) For any redevelopment project area that has been | ||||||
18 | designated pursuant to this Section by an ordinance adopted | ||||||
19 | prior to November 1, 1999 (the effective date of Public Act | ||||||
20 | 91-478), "blighted area" shall have the meaning set forth in | ||||||
21 | this Section prior to that date. | ||||||
22 | On and after November 1, 1999, "blighted area" means any | ||||||
23 | improved or vacant area within the boundaries of a | ||||||
24 | redevelopment project area located within the territorial |
| |||||||
| |||||||
1 | limits of the municipality where: | ||||||
2 | (1) If improved, industrial, commercial, and | ||||||
3 | residential buildings or improvements are detrimental to | ||||||
4 | the public safety, health, or welfare because of a | ||||||
5 | combination of 5 or more of the following factors, each of | ||||||
6 | which is (i) present, with that presence documented, to a | ||||||
7 | meaningful extent so that a municipality may reasonably | ||||||
8 | find that the factor is clearly present within the intent | ||||||
9 | of the Act and (ii) reasonably distributed throughout the | ||||||
10 | improved part of the redevelopment project area: | ||||||
11 | (A) Dilapidation. An advanced state of disrepair | ||||||
12 | or neglect of necessary repairs to the primary | ||||||
13 | structural components of buildings or improvements in | ||||||
14 | such a combination that a documented building | ||||||
15 | condition analysis determines that major repair is | ||||||
16 | required or the defects are so serious and so | ||||||
17 | extensive that the buildings must be removed. | ||||||
18 | (B) Obsolescence. The condition or process of | ||||||
19 | falling into disuse. Structures have become ill-suited | ||||||
20 | for the original use. | ||||||
21 | (C) Deterioration. With respect to buildings, | ||||||
22 | defects including, but not limited to, major defects | ||||||
23 | in the secondary building components such as doors, | ||||||
24 | windows, porches, gutters and downspouts, and fascia. | ||||||
25 | With respect to surface improvements, that the | ||||||
26 | condition of roadways, alleys, curbs, gutters, |
| |||||||
| |||||||
1 | sidewalks, off-street parking, and surface storage | ||||||
2 | areas evidence deterioration, including, but not | ||||||
3 | limited to, surface cracking, crumbling, potholes, | ||||||
4 | depressions, loose paving material, and weeds | ||||||
5 | protruding through paved surfaces. | ||||||
6 | (D) Presence of structures below minimum code | ||||||
7 | standards. All structures that do not meet the | ||||||
8 | standards of zoning, subdivision, building, fire, and | ||||||
9 | other governmental codes applicable to property, but | ||||||
10 | not including housing and property maintenance codes. | ||||||
11 | (E) Illegal use of individual structures. The use | ||||||
12 | of structures in violation of applicable federal, | ||||||
13 | State, or local laws, exclusive of those applicable to | ||||||
14 | the presence of structures below minimum code | ||||||
15 | standards. | ||||||
16 | (F) Excessive vacancies. The presence of buildings | ||||||
17 | that are unoccupied or under-utilized and that | ||||||
18 | represent an adverse influence on the area because of | ||||||
19 | the frequency, extent, or duration of the vacancies. | ||||||
20 | (G) Lack of ventilation, light, or sanitary | ||||||
21 | facilities. The absence of adequate ventilation for | ||||||
22 | light or air circulation in spaces or rooms without | ||||||
23 | windows, or that require the removal of dust, odor, | ||||||
24 | gas, smoke, or other noxious airborne materials. | ||||||
25 | Inadequate natural light and ventilation means the | ||||||
26 | absence of skylights or windows for interior spaces or |
| |||||||
| |||||||
1 | rooms and improper window sizes and amounts by room | ||||||
2 | area to window area ratios. Inadequate sanitary | ||||||
3 | facilities refers to the absence or inadequacy of | ||||||
4 | garbage storage and enclosure, bathroom facilities, | ||||||
5 | hot water and kitchens, and structural inadequacies | ||||||
6 | preventing ingress and egress to and from all rooms | ||||||
7 | and units within a building. | ||||||
8 | (H) Inadequate utilities. Underground and overhead | ||||||
9 | utilities such as storm sewers and storm drainage, | ||||||
10 | sanitary sewers, water lines, and gas, telephone, and | ||||||
11 | electrical services that are shown to be inadequate. | ||||||
12 | Inadequate utilities are those that are: (i) of | ||||||
13 | insufficient capacity to serve the uses in the | ||||||
14 | redevelopment project area, (ii) deteriorated, | ||||||
15 | antiquated, obsolete, or in disrepair, or (iii) | ||||||
16 | lacking within the redevelopment project area. | ||||||
17 | (I) Excessive land coverage and overcrowding of | ||||||
18 | structures and community facilities. The | ||||||
19 | over-intensive use of property and the crowding of | ||||||
20 | buildings and accessory facilities onto a site. | ||||||
21 | Examples of problem conditions warranting the | ||||||
22 | designation of an area as one exhibiting excessive | ||||||
23 | land coverage are: (i) the presence of buildings | ||||||
24 | either improperly situated on parcels or located on | ||||||
25 | parcels of inadequate size and shape in relation to | ||||||
26 | present-day standards of development for health and |
| |||||||
| |||||||
1 | safety and (ii) the presence of multiple buildings on | ||||||
2 | a single parcel. For there to be a finding of excessive | ||||||
3 | land coverage, these parcels must exhibit one or more | ||||||
4 | of the following conditions: insufficient provision | ||||||
5 | for light and air within or around buildings, | ||||||
6 | increased threat of spread of fire due to the close | ||||||
7 | proximity of buildings, lack of adequate or proper | ||||||
8 | access to a public right-of-way, lack of reasonably | ||||||
9 | required off-street parking, or inadequate provision | ||||||
10 | for loading and service. | ||||||
11 | (J) Deleterious land use or layout. The existence | ||||||
12 | of incompatible land-use relationships, buildings | ||||||
13 | occupied by inappropriate mixed-uses, or uses | ||||||
14 | considered to be noxious, offensive, or unsuitable for | ||||||
15 | the surrounding area. | ||||||
16 | (K) Environmental clean-up. The proposed | ||||||
17 | redevelopment project area has incurred Illinois | ||||||
18 | Environmental Protection Agency or United States | ||||||
19 | Environmental Protection Agency remediation costs for, | ||||||
20 | or a study conducted by an independent consultant | ||||||
21 | recognized as having expertise in environmental | ||||||
22 | remediation has determined a need for, the clean-up of | ||||||
23 | hazardous waste, hazardous substances, or underground | ||||||
24 | storage tanks required by State or federal law, | ||||||
25 | provided that the remediation costs constitute a | ||||||
26 | material impediment to the development or |
| |||||||
| |||||||
1 | redevelopment of the redevelopment project area. | ||||||
2 | (L) Lack of community planning. The proposed | ||||||
3 | redevelopment project area was developed prior to or | ||||||
4 | without the benefit or guidance of a community plan. | ||||||
5 | This means that the development occurred prior to the | ||||||
6 | adoption by the municipality of a comprehensive or | ||||||
7 | other community plan or that the plan was not followed | ||||||
8 | at the time of the area's development. This factor | ||||||
9 | must be documented by evidence of adverse or | ||||||
10 | incompatible land-use relationships, inadequate street | ||||||
11 | layout, improper subdivision, parcels of inadequate | ||||||
12 | shape and size to meet contemporary development | ||||||
13 | standards, or other evidence demonstrating an absence | ||||||
14 | of effective community planning. | ||||||
15 | (M) The total equalized assessed value of the | ||||||
16 | proposed redevelopment project area has declined for 3 | ||||||
17 | of the last 5 calendar years prior to the year in which | ||||||
18 | the redevelopment project area is designated or is | ||||||
19 | increasing at an annual rate that is less than the | ||||||
20 | balance of the municipality for 3 of the last 5 | ||||||
21 | calendar years for which information is available or | ||||||
22 | is increasing at an annual rate that is less than the | ||||||
23 | Consumer Price Index for All Urban Consumers published | ||||||
24 | by the United States Department of Labor or successor | ||||||
25 | agency for 3 of the last 5 calendar years prior to the | ||||||
26 | year in which the redevelopment project area is |
| |||||||
| |||||||
1 | designated. | ||||||
2 | (2) If vacant, the sound growth of the redevelopment | ||||||
3 | project area is impaired by a combination of 2 or more of | ||||||
4 | the following factors, each of which is (i) present, with | ||||||
5 | that presence documented, to a meaningful extent so that a | ||||||
6 | municipality may reasonably find that the factor is | ||||||
7 | clearly present within the intent of the Act and (ii) | ||||||
8 | reasonably distributed throughout the vacant part of the | ||||||
9 | redevelopment project area to which it pertains: | ||||||
10 | (A) Obsolete platting of vacant land that results | ||||||
11 | in parcels of limited or narrow size or configurations | ||||||
12 | of parcels of irregular size or shape that would be | ||||||
13 | difficult to develop on a planned basis and in a manner | ||||||
14 | compatible with contemporary standards and | ||||||
15 | requirements, or platting that failed to create | ||||||
16 | rights-of-ways for streets or alleys or that created | ||||||
17 | inadequate right-of-way widths for streets, alleys, or | ||||||
18 | other public rights-of-way or that omitted easements | ||||||
19 | for public utilities. | ||||||
20 | (B) Diversity of ownership of parcels of vacant | ||||||
21 | land sufficient in number to retard or impede the | ||||||
22 | ability to assemble the land for development. | ||||||
23 | (C) Tax and special assessment delinquencies exist | ||||||
24 | or the property has been the subject of tax sales under | ||||||
25 | the Property Tax Code within the last 5 years. | ||||||
26 | (D) Deterioration of structures or site |
| |||||||
| |||||||
1 | improvements in neighboring areas adjacent to the | ||||||
2 | vacant land. | ||||||
3 | (E) The area has incurred Illinois Environmental | ||||||
4 | Protection Agency or United States Environmental | ||||||
5 | Protection Agency remediation costs for, or a study | ||||||
6 | conducted by an independent consultant recognized as | ||||||
7 | having expertise in environmental remediation has | ||||||
8 | determined a need for, the clean-up of hazardous | ||||||
9 | waste, hazardous substances, or underground storage | ||||||
10 | tanks required by State or federal law, provided that | ||||||
11 | the remediation costs constitute a material impediment | ||||||
12 | to the development or redevelopment of the | ||||||
13 | redevelopment project area. | ||||||
14 | (F) The total equalized assessed value of the | ||||||
15 | proposed redevelopment project area has declined for 3 | ||||||
16 | of the last 5 calendar years prior to the year in which | ||||||
17 | the redevelopment project area is designated or is | ||||||
18 | increasing at an annual rate that is less than the | ||||||
19 | balance of the municipality for 3 of the last 5 | ||||||
20 | calendar years for which information is available or | ||||||
21 | is increasing at an annual rate that is less than the | ||||||
22 | Consumer Price Index for All Urban Consumers published | ||||||
23 | by the United States Department of Labor or successor | ||||||
24 | agency for 3 of the last 5 calendar years prior to the | ||||||
25 | year in which the redevelopment project area is | ||||||
26 | designated. |
| |||||||
| |||||||
1 | (3) If vacant, the sound growth of the redevelopment | ||||||
2 | project area is impaired by one of the following factors | ||||||
3 | that (i) is present, with that presence documented, to a | ||||||
4 | meaningful extent so that a municipality may reasonably | ||||||
5 | find that the factor is clearly present within the intent | ||||||
6 | of the Act and (ii) is reasonably distributed throughout | ||||||
7 | the vacant part of the redevelopment project area to which | ||||||
8 | it pertains: | ||||||
9 | (A) The area consists of one or more unused | ||||||
10 | quarries, mines, or strip mine ponds. | ||||||
11 | (B) The area consists of unused rail yards, rail | ||||||
12 | tracks, or railroad rights-of-way. | ||||||
13 | (C) The area, prior to its designation, is subject | ||||||
14 | to (i) chronic flooding that adversely impacts on real | ||||||
15 | property in the area as certified by a registered | ||||||
16 | professional engineer or appropriate regulatory agency | ||||||
17 | or (ii) surface water that discharges from all or a | ||||||
18 | part of the area and contributes to flooding within | ||||||
19 | the same watershed, but only if the redevelopment | ||||||
20 | project provides for facilities or improvements to | ||||||
21 | contribute to the alleviation of all or part of the | ||||||
22 | flooding. | ||||||
23 | (D) The area consists of an unused or illegal | ||||||
24 | disposal site containing earth, stone, building | ||||||
25 | debris, or similar materials that were removed from | ||||||
26 | construction, demolition, excavation, or dredge sites. |
| |||||||
| |||||||
1 | (E) Prior to November 1, 1999, the area is not less | ||||||
2 | than 50 nor more than 100 acres and 75% of which is | ||||||
3 | vacant (notwithstanding that the area has been used | ||||||
4 | for commercial agricultural purposes within 5 years | ||||||
5 | prior to the designation of the redevelopment project | ||||||
6 | area), and the area meets at least one of the factors | ||||||
7 | itemized in paragraph (1) of this subsection, the area | ||||||
8 | has been designated as a town or village center by | ||||||
9 | ordinance or comprehensive plan adopted prior to | ||||||
10 | January 1, 1982, and the area has not been developed | ||||||
11 | for that designated purpose. | ||||||
12 | (F) The area qualified as a blighted improved area | ||||||
13 | immediately prior to becoming vacant, unless there has | ||||||
14 | been substantial private investment in the immediately | ||||||
15 | surrounding area. | ||||||
16 | (b) For any redevelopment project area that has been | ||||||
17 | designated pursuant to this Section by an ordinance adopted | ||||||
18 | prior to November 1, 1999 (the effective date of Public Act | ||||||
19 | 91-478), "conservation area" shall have the meaning set forth | ||||||
20 | in this Section prior to that date. | ||||||
21 | On and after November 1, 1999, "conservation area" means | ||||||
22 | any improved area within the boundaries of a redevelopment | ||||||
23 | project area located within the territorial limits of the | ||||||
24 | municipality in which 50% or more of the structures in the area | ||||||
25 | have an age of 35 years or more. Such an area is not yet a | ||||||
26 | blighted area but because of a combination of 3 or more of the |
| |||||||
| |||||||
1 | following factors is detrimental to the public safety, health, | ||||||
2 | morals or welfare and such an area may become a blighted area: | ||||||
3 | (1) Dilapidation. An advanced state of disrepair or | ||||||
4 | neglect of necessary repairs to the primary structural | ||||||
5 | components of buildings or improvements in such a | ||||||
6 | combination that a documented building condition analysis | ||||||
7 | determines that major repair is required or the defects | ||||||
8 | are so serious and so extensive that the buildings must be | ||||||
9 | removed. | ||||||
10 | (2) Obsolescence. The condition or process of falling | ||||||
11 | into disuse. Structures have become ill-suited for the | ||||||
12 | original use. | ||||||
13 | (3) Deterioration. With respect to buildings, defects | ||||||
14 | including, but not limited to, major defects in the | ||||||
15 | secondary building components such as doors, windows, | ||||||
16 | porches, gutters and downspouts, and fascia. With respect | ||||||
17 | to surface improvements, that the condition of roadways, | ||||||
18 | alleys, curbs, gutters, sidewalks, off-street parking, and | ||||||
19 | surface storage areas evidence deterioration, including, | ||||||
20 | but not limited to, surface cracking, crumbling, potholes, | ||||||
21 | depressions, loose paving material, and weeds protruding | ||||||
22 | through paved surfaces. | ||||||
23 | (4) Presence of structures below minimum code | ||||||
24 | standards. All structures that do not meet the standards | ||||||
25 | of zoning, subdivision, building, fire, and other | ||||||
26 | governmental codes applicable to property, but not |
| |||||||
| |||||||
1 | including housing and property maintenance codes. | ||||||
2 | (5) Illegal use of individual structures. The use of | ||||||
3 | structures in violation of applicable federal, State, or | ||||||
4 | local laws, exclusive of those applicable to the presence | ||||||
5 | of structures below minimum code standards. | ||||||
6 | (6) Excessive vacancies. The presence of buildings | ||||||
7 | that are unoccupied or under-utilized and that represent | ||||||
8 | an adverse influence on the area because of the frequency, | ||||||
9 | extent, or duration of the vacancies. | ||||||
10 | (7) Lack of ventilation, light, or sanitary | ||||||
11 | facilities. The absence of adequate ventilation for light | ||||||
12 | or air circulation in spaces or rooms without windows, or | ||||||
13 | that require the removal of dust, odor, gas, smoke, or | ||||||
14 | other noxious airborne materials. Inadequate natural light | ||||||
15 | and ventilation means the absence or inadequacy of | ||||||
16 | skylights or windows for interior spaces or rooms and | ||||||
17 | improper window sizes and amounts by room area to window | ||||||
18 | area ratios. Inadequate sanitary facilities refers to the | ||||||
19 | absence or inadequacy of garbage storage and enclosure, | ||||||
20 | bathroom facilities, hot water and kitchens, and | ||||||
21 | structural inadequacies preventing ingress and egress to | ||||||
22 | and from all rooms and units within a building. | ||||||
23 | (8) Inadequate utilities. Underground and overhead | ||||||
24 | utilities such as storm sewers and storm drainage, | ||||||
25 | sanitary sewers, water lines, and gas, telephone, and | ||||||
26 | electrical services that are shown to be inadequate. |
| |||||||
| |||||||
1 | Inadequate utilities are those that are: (i) of | ||||||
2 | insufficient capacity to serve the uses in the | ||||||
3 | redevelopment project area, (ii) deteriorated, antiquated, | ||||||
4 | obsolete, or in disrepair, or (iii) lacking within the | ||||||
5 | redevelopment project area. | ||||||
6 | (9) Excessive land coverage and overcrowding of | ||||||
7 | structures and community facilities. The over-intensive | ||||||
8 | use of property and the crowding of buildings and | ||||||
9 | accessory facilities onto a site. Examples of problem | ||||||
10 | conditions warranting the designation of an area as one | ||||||
11 | exhibiting excessive land coverage are: the presence of | ||||||
12 | buildings either improperly situated on parcels or located | ||||||
13 | on parcels of inadequate size and shape in relation to | ||||||
14 | present-day standards of development for health and safety | ||||||
15 | and the presence of multiple buildings on a single parcel. | ||||||
16 | For there to be a finding of excessive land coverage, | ||||||
17 | these parcels must exhibit one or more of the following | ||||||
18 | conditions: insufficient provision for light and air | ||||||
19 | within or around buildings, increased threat of spread of | ||||||
20 | fire due to the close proximity of buildings, lack of | ||||||
21 | adequate or proper access to a public right-of-way, lack | ||||||
22 | of reasonably required off-street parking, or inadequate | ||||||
23 | provision for loading and service. | ||||||
24 | (10) Deleterious land use or layout. The existence of | ||||||
25 | incompatible land-use relationships, buildings occupied by | ||||||
26 | inappropriate mixed-uses, or uses considered to be |
| |||||||
| |||||||
1 | noxious, offensive, or unsuitable for the surrounding | ||||||
2 | area. | ||||||
3 | (11) Lack of community planning. The proposed | ||||||
4 | redevelopment project area was developed prior to or | ||||||
5 | without the benefit or guidance of a community plan. This | ||||||
6 | means that the development occurred prior to the adoption | ||||||
7 | by the municipality of a comprehensive or other community | ||||||
8 | plan or that the plan was not followed at the time of the | ||||||
9 | area's development. This factor must be documented by | ||||||
10 | evidence of adverse or incompatible land-use | ||||||
11 | relationships, inadequate street layout, improper | ||||||
12 | subdivision, parcels of inadequate shape and size to meet | ||||||
13 | contemporary development standards, or other evidence | ||||||
14 | demonstrating an absence of effective community planning. | ||||||
15 | (12) The area has incurred Illinois Environmental | ||||||
16 | Protection Agency or United States Environmental | ||||||
17 | Protection Agency remediation costs for, or a study | ||||||
18 | conducted by an independent consultant recognized as | ||||||
19 | having expertise in environmental remediation has | ||||||
20 | determined a need for, the clean-up of hazardous waste, | ||||||
21 | hazardous substances, or underground storage tanks | ||||||
22 | required by State or federal law, provided that the | ||||||
23 | remediation costs constitute a material impediment to the | ||||||
24 | development or redevelopment of the redevelopment project | ||||||
25 | area. | ||||||
26 | (13) The total equalized assessed value of the |
| |||||||
| |||||||
1 | proposed redevelopment project area has declined for 3 of | ||||||
2 | the last 5 calendar years for which information is | ||||||
3 | available or is increasing at an annual rate that is less | ||||||
4 | than the balance of the municipality for 3 of the last 5 | ||||||
5 | calendar years for which information is available or is | ||||||
6 | increasing at an annual rate that is less than the | ||||||
7 | Consumer Price Index for All Urban Consumers published by | ||||||
8 | the United States Department of Labor or successor agency | ||||||
9 | for 3 of the last 5 calendar years for which information is | ||||||
10 | available. | ||||||
11 | (c) "Industrial park" means an area in a blighted or | ||||||
12 | conservation area suitable for use by any manufacturing, | ||||||
13 | industrial, research or transportation enterprise, of | ||||||
14 | facilities to include but not be limited to factories, mills, | ||||||
15 | processing plants, assembly plants, packing plants, | ||||||
16 | fabricating plants, industrial distribution centers, | ||||||
17 | warehouses, repair overhaul or service facilities, freight | ||||||
18 | terminals, research facilities, test facilities or railroad | ||||||
19 | facilities. | ||||||
20 | (d) "Industrial park conservation area" means an area | ||||||
21 | within the boundaries of a redevelopment project area located | ||||||
22 | within the territorial limits of a municipality that is a | ||||||
23 | labor surplus municipality or within 1 1/2 miles of the | ||||||
24 | territorial limits of a municipality that is a labor surplus | ||||||
25 | municipality if the area is annexed to the municipality; which | ||||||
26 | area is zoned as industrial no later than at the time the |
| |||||||
| |||||||
1 | municipality by ordinance designates the redevelopment project | ||||||
2 | area, and which area includes both vacant land suitable for | ||||||
3 | use as an industrial park and a blighted area or conservation | ||||||
4 | area contiguous to such vacant land. | ||||||
5 | (e) "Labor surplus municipality" means a municipality in | ||||||
6 | which, at any time during the 6 months before the municipality | ||||||
7 | by ordinance designates an industrial park conservation area, | ||||||
8 | the unemployment rate was over 6% and was also 100% or more of | ||||||
9 | the national average unemployment rate for that same time as | ||||||
10 | published in the United States Department of Labor Bureau of | ||||||
11 | Labor Statistics publication entitled "The Employment | ||||||
12 | Situation" or its successor publication. For the purpose of | ||||||
13 | this subsection, if unemployment rate statistics for the | ||||||
14 | municipality are not available, the unemployment rate in the | ||||||
15 | municipality shall be deemed to be the same as the | ||||||
16 | unemployment rate in the principal county in which the | ||||||
17 | municipality is located. | ||||||
18 | (f) "Municipality" shall mean a city, village, | ||||||
19 | incorporated town, or a township that is located in the | ||||||
20 | unincorporated portion of a county with 3 million or more | ||||||
21 | inhabitants, if the county adopted an ordinance that approved | ||||||
22 | the township's redevelopment plan. | ||||||
23 | (g) "Initial Sales Tax Amounts" means the amount of taxes | ||||||
24 | paid under the Retailers' Occupation Tax Act, Use Tax Act, | ||||||
25 | Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
26 | Municipal Retailers' Occupation Tax Act, and the Municipal |
| |||||||
| |||||||
1 | Service Occupation Tax Act by retailers and servicemen on | ||||||
2 | transactions at places located in a State Sales Tax Boundary | ||||||
3 | during the calendar year 1985. | ||||||
4 | (g-1) "Revised Initial Sales Tax Amounts" means the amount | ||||||
5 | of taxes paid under the Retailers' Occupation Tax Act, Use Tax | ||||||
6 | Act, Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
7 | Municipal Retailers' Occupation Tax Act, and the Municipal | ||||||
8 | Service Occupation Tax Act by retailers and servicemen on | ||||||
9 | transactions at places located within the State Sales Tax | ||||||
10 | Boundary revised pursuant to Section 11-74.4-8a(9) of this | ||||||
11 | Act. | ||||||
12 | (h) "Municipal Sales Tax Increment" means an amount equal | ||||||
13 | to the increase in the aggregate amount of taxes paid to a | ||||||
14 | municipality from the Local Government Tax Fund arising from | ||||||
15 | sales by retailers and servicemen within the redevelopment | ||||||
16 | project area or State Sales Tax Boundary, as the case may be, | ||||||
17 | for as long as the redevelopment project area or State Sales | ||||||
18 | Tax Boundary, as the case may be, exist over and above the | ||||||
19 | aggregate amount of taxes as certified by the Illinois | ||||||
20 | Department of Revenue and paid under the Municipal Retailers' | ||||||
21 | Occupation Tax Act and the Municipal Service Occupation Tax | ||||||
22 | Act by retailers and servicemen, on transactions at places of | ||||||
23 | business located in the redevelopment project area or State | ||||||
24 | Sales Tax Boundary, as the case may be, during the base year | ||||||
25 | which shall be the calendar year immediately prior to the year | ||||||
26 | in which the municipality adopted tax increment allocation |
| |||||||
| |||||||
1 | financing. For purposes of computing the aggregate amount of | ||||||
2 | such taxes for base years occurring prior to 1985, the | ||||||
3 | Department of Revenue shall determine the Initial Sales Tax | ||||||
4 | Amounts for such taxes and deduct therefrom an amount equal to | ||||||
5 | 4% of the aggregate amount of taxes per year for each year the | ||||||
6 | base year is prior to 1985, but not to exceed a total deduction | ||||||
7 | of 12%. The amount so determined shall be known as the | ||||||
8 | "Adjusted Initial Sales Tax Amounts". For purposes of | ||||||
9 | determining the Municipal Sales Tax Increment, the Department | ||||||
10 | of Revenue shall for each period subtract from the amount paid | ||||||
11 | to the municipality from the Local Government Tax Fund arising | ||||||
12 | from sales by retailers and servicemen on transactions located | ||||||
13 | in the redevelopment project area or the State Sales Tax | ||||||
14 | Boundary, as the case may be, the certified Initial Sales Tax | ||||||
15 | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | ||||||
16 | Initial Sales Tax Amounts for the Municipal Retailers' | ||||||
17 | Occupation Tax Act and the Municipal Service Occupation Tax | ||||||
18 | Act. For the State Fiscal Year 1989, this calculation shall be | ||||||
19 | made by utilizing the calendar year 1987 to determine the tax | ||||||
20 | amounts received. For the State Fiscal Year 1990, this | ||||||
21 | calculation shall be made by utilizing the period from January | ||||||
22 | 1, 1988, until September 30, 1988, to determine the tax | ||||||
23 | amounts received from retailers and servicemen pursuant to the | ||||||
24 | Municipal Retailers' Occupation Tax and the Municipal Service | ||||||
25 | Occupation Tax Act, which shall have deducted therefrom | ||||||
26 | nine-twelfths of the certified Initial Sales Tax Amounts, the |
| |||||||
| |||||||
1 | Adjusted Initial Sales Tax Amounts or the Revised Initial | ||||||
2 | Sales Tax Amounts as appropriate. For the State Fiscal Year | ||||||
3 | 1991, this calculation shall be made by utilizing the period | ||||||
4 | from October 1, 1988, to June 30, 1989, to determine the tax | ||||||
5 | amounts received from retailers and servicemen pursuant to the | ||||||
6 | Municipal Retailers' Occupation Tax and the Municipal Service | ||||||
7 | Occupation Tax Act which shall have deducted therefrom | ||||||
8 | nine-twelfths of the certified Initial Sales Tax Amounts, | ||||||
9 | Adjusted Initial Sales Tax Amounts or the Revised Initial | ||||||
10 | Sales Tax Amounts as appropriate. For every State Fiscal Year | ||||||
11 | thereafter, the applicable period shall be the 12 months | ||||||
12 | beginning July 1 and ending June 30 to determine the tax | ||||||
13 | amounts received which shall have deducted therefrom the | ||||||
14 | certified Initial Sales Tax Amounts, the Adjusted Initial | ||||||
15 | Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as | ||||||
16 | the case may be. | ||||||
17 | (i) "Net State Sales Tax Increment" means the sum of the | ||||||
18 | following: (a) 80% of the first $100,000 of State Sales Tax | ||||||
19 | Increment annually generated within a State Sales Tax | ||||||
20 | Boundary; (b) 60% of the amount in excess of $100,000 but not | ||||||
21 | exceeding $500,000 of State Sales Tax Increment annually | ||||||
22 | generated within a State Sales Tax Boundary; and (c) 40% of all | ||||||
23 | amounts in excess of $500,000 of State Sales Tax Increment | ||||||
24 | annually generated within a State Sales Tax Boundary. If, | ||||||
25 | however, a municipality established a tax increment financing | ||||||
26 | district in a county with a population in excess of 3,000,000 |
| |||||||
| |||||||
1 | before January 1, 1986, and the municipality entered into a | ||||||
2 | contract or issued bonds after January 1, 1986, but before | ||||||
3 | December 31, 1986, to finance redevelopment project costs | ||||||
4 | within a State Sales Tax Boundary, then the Net State Sales Tax | ||||||
5 | Increment means, for the fiscal years beginning July 1, 1990, | ||||||
6 | and July 1, 1991, 100% of the State Sales Tax Increment | ||||||
7 | annually generated within a State Sales Tax Boundary; and | ||||||
8 | notwithstanding any other provision of this Act, for those | ||||||
9 | fiscal years the Department of Revenue shall distribute to | ||||||
10 | those municipalities 100% of their Net State Sales Tax | ||||||
11 | Increment before any distribution to any other municipality | ||||||
12 | and regardless of whether or not those other municipalities | ||||||
13 | will receive 100% of their Net State Sales Tax Increment. For | ||||||
14 | Fiscal Year 1999, and every year thereafter until the year | ||||||
15 | 2007, for any municipality that has not entered into a | ||||||
16 | contract or has not issued bonds prior to June 1, 1988 to | ||||||
17 | finance redevelopment project costs within a State Sales Tax | ||||||
18 | Boundary, the Net State Sales Tax Increment shall be | ||||||
19 | calculated as follows: By multiplying the Net State Sales Tax | ||||||
20 | Increment by 90% in the State Fiscal Year 1999; 80% in the | ||||||
21 | State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60% | ||||||
22 | in the State Fiscal Year 2002; 50% in the State Fiscal Year | ||||||
23 | 2003; 40% in the State Fiscal Year 2004; 30% in the State | ||||||
24 | Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in | ||||||
25 | the State Fiscal Year 2007. No payment shall be made for State | ||||||
26 | Fiscal Year 2008 and thereafter. |
| |||||||
| |||||||
1 | Municipalities that issued bonds in connection with a | ||||||
2 | redevelopment project in a redevelopment project area within | ||||||
3 | the State Sales Tax Boundary prior to July 29, 1991, or that | ||||||
4 | entered into contracts in connection with a redevelopment | ||||||
5 | project in a redevelopment project area before June 1, 1988, | ||||||
6 | shall continue to receive their proportional share of the | ||||||
7 | Illinois Tax Increment Fund distribution until the date on | ||||||
8 | which the redevelopment project is completed or terminated. | ||||||
9 | If, however, a municipality that issued bonds in connection | ||||||
10 | with a redevelopment project in a redevelopment project area | ||||||
11 | within the State Sales Tax Boundary prior to July 29, 1991 | ||||||
12 | retires the bonds prior to June 30, 2007 or a municipality that | ||||||
13 | entered into contracts in connection with a redevelopment | ||||||
14 | project in a redevelopment project area before June 1, 1988 | ||||||
15 | completes the contracts prior to June 30, 2007, then so long as | ||||||
16 | the redevelopment project is not completed or is not | ||||||
17 | terminated, the Net State Sales Tax Increment shall be | ||||||
18 | calculated, beginning on the date on which the bonds are | ||||||
19 | retired or the contracts are completed, as follows: By | ||||||
20 | multiplying the Net State Sales Tax Increment by 60% in the | ||||||
21 | State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40% | ||||||
22 | in the State Fiscal Year 2004; 30% in the State Fiscal Year | ||||||
23 | 2005; 20% in the State Fiscal Year 2006; and 10% in the State | ||||||
24 | Fiscal Year 2007. No payment shall be made for State Fiscal | ||||||
25 | Year 2008 and thereafter. Refunding of any bonds issued prior | ||||||
26 | to July 29, 1991, shall not alter the Net State Sales Tax |
| |||||||
| |||||||
1 | Increment. | ||||||
2 | (j) "State Utility Tax Increment Amount" means an amount | ||||||
3 | equal to the aggregate increase in State electric and gas tax | ||||||
4 | charges imposed on owners and tenants, other than residential | ||||||
5 | customers, of properties located within the redevelopment | ||||||
6 | project area under Section 9-222 of the Public Utilities Act, | ||||||
7 | over and above the aggregate of such charges as certified by | ||||||
8 | the Department of Revenue and paid by owners and tenants, | ||||||
9 | other than residential customers, of properties within the | ||||||
10 | redevelopment project area during the base year, which shall | ||||||
11 | be the calendar year immediately prior to the year of the | ||||||
12 | adoption of the ordinance authorizing tax increment allocation | ||||||
13 | financing. | ||||||
14 | (k) "Net State Utility Tax Increment" means the sum of the | ||||||
15 | following: (a) 80% of the first $100,000 of State Utility Tax | ||||||
16 | Increment annually generated by a redevelopment project area; | ||||||
17 | (b) 60% of the amount in excess of $100,000 but not exceeding | ||||||
18 | $500,000 of the State Utility Tax Increment annually generated | ||||||
19 | by a redevelopment project area; and (c) 40% of all amounts in | ||||||
20 | excess of $500,000 of State Utility Tax Increment annually | ||||||
21 | generated by a redevelopment project area. For the State | ||||||
22 | Fiscal Year 1999, and every year thereafter until the year | ||||||
23 | 2007, for any municipality that has not entered into a | ||||||
24 | contract or has not issued bonds prior to June 1, 1988 to | ||||||
25 | finance redevelopment project costs within a redevelopment | ||||||
26 | project area, the Net State Utility Tax Increment shall be |
| |||||||
| |||||||
1 | calculated as follows: By multiplying the Net State Utility | ||||||
2 | Tax Increment by 90% in the State Fiscal Year 1999; 80% in the | ||||||
3 | State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60% | ||||||
4 | in the State Fiscal Year 2002; 50% in the State Fiscal Year | ||||||
5 | 2003; 40% in the State Fiscal Year 2004; 30% in the State | ||||||
6 | Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in | ||||||
7 | the State Fiscal Year 2007. No payment shall be made for the | ||||||
8 | State Fiscal Year 2008 and thereafter. | ||||||
9 | Municipalities that issue bonds in connection with the | ||||||
10 | redevelopment project during the period from June 1, 1988 | ||||||
11 | until 3 years after the effective date of this Amendatory Act | ||||||
12 | of 1988 shall receive the Net State Utility Tax Increment, | ||||||
13 | subject to appropriation, for 15 State Fiscal Years after the | ||||||
14 | issuance of such bonds. For the 16th through the 20th State | ||||||
15 | Fiscal Years after issuance of the bonds, the Net State | ||||||
16 | Utility Tax Increment shall be calculated as follows: By | ||||||
17 | multiplying the Net State Utility Tax Increment by 90% in year | ||||||
18 | 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in | ||||||
19 | year 20. Refunding of any bonds issued prior to June 1, 1988, | ||||||
20 | shall not alter the revised Net State Utility Tax Increment | ||||||
21 | payments set forth above. | ||||||
22 | (l) "Obligations" mean bonds, loans, debentures, notes, | ||||||
23 | special certificates or other evidence of indebtedness issued | ||||||
24 | by the municipality to carry out a redevelopment project or to | ||||||
25 | refund outstanding obligations. | ||||||
26 | (m) "Payment in lieu of taxes" means those estimated tax |
| |||||||
| |||||||
1 | revenues from real property in a redevelopment project area | ||||||
2 | derived from real property that has been acquired by a | ||||||
3 | municipality which according to the redevelopment project or | ||||||
4 | plan is to be used for a private use which taxing districts | ||||||
5 | would have received had a municipality not acquired the real | ||||||
6 | property and adopted tax increment allocation financing and | ||||||
7 | which would result from levies made after the time of the | ||||||
8 | adoption of tax increment allocation financing to the time the | ||||||
9 | current equalized value of real property in the redevelopment | ||||||
10 | project area exceeds the total initial equalized value of real | ||||||
11 | property in said area. | ||||||
12 | (n) "Redevelopment plan" means the comprehensive program | ||||||
13 | of the municipality for development or redevelopment intended | ||||||
14 | by the payment of redevelopment project costs to reduce or | ||||||
15 | eliminate those conditions the existence of which qualified | ||||||
16 | the redevelopment project area as a "blighted area" or | ||||||
17 | "conservation area" or combination thereof or "industrial park | ||||||
18 | conservation area," and thereby to enhance the tax bases of | ||||||
19 | the taxing districts which extend into the redevelopment | ||||||
20 | project area, provided that, with respect to redevelopment | ||||||
21 | project areas described in subsections (p-1) and (p-2), | ||||||
22 | "redevelopment plan" means the comprehensive program of the | ||||||
23 | affected municipality for the development of qualifying | ||||||
24 | transit facilities. On and after November 1, 1999 (the | ||||||
25 | effective date of Public Act 91-478), no redevelopment plan | ||||||
26 | may be approved or amended that includes the development of |
| |||||||
| |||||||
1 | vacant land (i) with a golf course and related clubhouse and | ||||||
2 | other facilities or (ii) designated by federal, State, county, | ||||||
3 | or municipal government as public land for outdoor | ||||||
4 | recreational activities or for nature preserves and used for | ||||||
5 | that purpose within 5 years prior to the adoption of the | ||||||
6 | redevelopment plan. For the purpose of this subsection, | ||||||
7 | "recreational activities" is limited to mean camping and | ||||||
8 | hunting. Each redevelopment plan shall set forth in writing | ||||||
9 | the program to be undertaken to accomplish the objectives and | ||||||
10 | shall include but not be limited to: | ||||||
11 | (A) an itemized list of estimated redevelopment | ||||||
12 | project costs; | ||||||
13 | (B) evidence indicating that the redevelopment project | ||||||
14 | area on the whole has not been subject to growth and | ||||||
15 | development through investment by private enterprise, | ||||||
16 | provided that such evidence shall not be required for any | ||||||
17 | redevelopment project area located within a transit | ||||||
18 | facility improvement area established pursuant to Section | ||||||
19 | 11-74.4-3.3; | ||||||
20 | (C) an assessment of any financial impact of the | ||||||
21 | redevelopment project area on or any increased demand for | ||||||
22 | services from any taxing district affected by the plan and | ||||||
23 | any program to address such financial impact or increased | ||||||
24 | demand; | ||||||
25 | (D) the sources of funds to pay costs; | ||||||
26 | (E) the nature and term of the obligations to be |
| |||||||
| |||||||
1 | issued; | ||||||
2 | (F) the most recent equalized assessed valuation of | ||||||
3 | the redevelopment project area; | ||||||
4 | (G) an estimate as to the equalized assessed valuation | ||||||
5 | after redevelopment and the general land uses to apply in | ||||||
6 | the redevelopment project area; | ||||||
7 | (H) a commitment to fair employment practices and an | ||||||
8 | affirmative action plan; | ||||||
9 | (I) if it concerns an industrial park conservation | ||||||
10 | area, the plan shall also include a general description of | ||||||
11 | any proposed developer, user and tenant of any property, a | ||||||
12 | description of the type, structure and general character | ||||||
13 | of the facilities to be developed, a description of the | ||||||
14 | type, class and number of new employees to be employed in | ||||||
15 | the operation of the facilities to be developed; and | ||||||
16 | (J) if property is to be annexed to the municipality, | ||||||
17 | the plan shall include the terms of the annexation | ||||||
18 | agreement. | ||||||
19 | The provisions of items (B) and (C) of this subsection (n) | ||||||
20 | shall not apply to a municipality that before March 14, 1994 | ||||||
21 | (the effective date of Public Act 88-537) had fixed, either by | ||||||
22 | its corporate authorities or by a commission designated under | ||||||
23 | subsection (k) of Section 11-74.4-4, a time and place for a | ||||||
24 | public hearing as required by subsection (a) of Section | ||||||
25 | 11-74.4-5. No redevelopment plan shall be adopted unless a | ||||||
26 | municipality complies with all of the following requirements: |
| |||||||
| |||||||
1 | (1) The municipality finds that the redevelopment | ||||||
2 | project area on the whole has not been subject to growth | ||||||
3 | and development through investment by private enterprise | ||||||
4 | and would not reasonably be anticipated to be developed | ||||||
5 | without the adoption of the redevelopment plan, provided, | ||||||
6 | however, that such a finding shall not be required with | ||||||
7 | respect to any redevelopment project area located within a | ||||||
8 | transit facility improvement area established pursuant to | ||||||
9 | Section 11-74.4-3.3. | ||||||
10 | (2) The municipality finds that the redevelopment plan | ||||||
11 | and project conform to the comprehensive plan for the | ||||||
12 | development of the municipality as a whole, or, for | ||||||
13 | municipalities with a population of 100,000 or more, | ||||||
14 | regardless of when the redevelopment plan and project was | ||||||
15 | adopted, the redevelopment plan and project either: (i) | ||||||
16 | conforms to the strategic economic development or | ||||||
17 | redevelopment plan issued by the designated planning | ||||||
18 | authority of the municipality, or (ii) includes land uses | ||||||
19 | that have been approved by the planning commission of the | ||||||
20 | municipality. | ||||||
21 | (3) The redevelopment plan establishes the estimated | ||||||
22 | dates of completion of the redevelopment project and | ||||||
23 | retirement of obligations issued to finance redevelopment | ||||||
24 | project costs. Those dates may not be later than the dates | ||||||
25 | set forth under Section 11-74.4-3.5. | ||||||
26 | A municipality may by municipal ordinance amend an |
| |||||||
| |||||||
1 | existing redevelopment plan to conform to this paragraph | ||||||
2 | (3) as amended by Public Act 91-478, which municipal | ||||||
3 | ordinance may be adopted without further hearing or notice | ||||||
4 | and without complying with the procedures provided in this | ||||||
5 | Act pertaining to an amendment to or the initial approval | ||||||
6 | of a redevelopment plan and project and designation of a | ||||||
7 | redevelopment project area. | ||||||
8 | (3.5) The municipality finds, in the case of an | ||||||
9 | industrial park conservation area, also that the | ||||||
10 | municipality is a labor surplus municipality and that the | ||||||
11 | implementation of the redevelopment plan will reduce | ||||||
12 | unemployment, create new jobs and by the provision of new | ||||||
13 | facilities enhance the tax base of the taxing districts | ||||||
14 | that extend into the redevelopment project area. | ||||||
15 | (4) If any incremental revenues are being utilized | ||||||
16 | under Section 8(a)(1) or 8(a)(2) of this Act in | ||||||
17 | redevelopment project areas approved by ordinance after | ||||||
18 | January 1, 1986, the municipality finds: (a) that the | ||||||
19 | redevelopment project area would not reasonably be | ||||||
20 | developed without the use of such incremental revenues, | ||||||
21 | and (b) that such incremental revenues will be exclusively | ||||||
22 | utilized for the development of the redevelopment project | ||||||
23 | area. | ||||||
24 | (5) If: (a) the redevelopment plan will not result in | ||||||
25 | displacement of residents from 10 or more inhabited | ||||||
26 | residential units, and the municipality certifies in the |
| |||||||
| |||||||
1 | plan that such displacement will not result from the plan; | ||||||
2 | or (b) the redevelopment plan is for a redevelopment | ||||||
3 | project area or a qualifying transit facility located | ||||||
4 | within a transit facility improvement area established | ||||||
5 | pursuant to Section 11-74.4-3.3, and the applicable | ||||||
6 | project is subject to the process for evaluation of | ||||||
7 | environmental effects under the National Environmental | ||||||
8 | Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing | ||||||
9 | impact study need not be performed. If, however, the | ||||||
10 | redevelopment plan would result in the displacement of | ||||||
11 | residents from 10 or more inhabited residential units, or | ||||||
12 | if the redevelopment project area contains 75 or more | ||||||
13 | inhabited residential units and no certification is made, | ||||||
14 | then the municipality shall prepare, as part of the | ||||||
15 | separate feasibility report required by subsection (a) of | ||||||
16 | Section 11-74.4-5, a housing impact study. | ||||||
17 | Part I of the housing impact study shall include (i) | ||||||
18 | data as to whether the residential units are single family | ||||||
19 | or multi-family units, (ii) the number and type of rooms | ||||||
20 | within the units, if that information is available, (iii) | ||||||
21 | whether the units are inhabited or uninhabited, as | ||||||
22 | determined not less than 45 days before the date that the | ||||||
23 | ordinance or resolution required by subsection (a) of | ||||||
24 | Section 11-74.4-5 is passed, and (iv) data as to the | ||||||
25 | racial and ethnic composition of the residents in the | ||||||
26 | inhabited residential units. The data requirement as to |
| |||||||
| |||||||
1 | the racial and ethnic composition of the residents in the | ||||||
2 | inhabited residential units shall be deemed to be fully | ||||||
3 | satisfied by data from the most recent federal census. | ||||||
4 | Part II of the housing impact study shall identify the | ||||||
5 | inhabited residential units in the proposed redevelopment | ||||||
6 | project area that are to be or may be removed. If inhabited | ||||||
7 | residential units are to be removed, then the housing | ||||||
8 | impact study shall identify (i) the number and location of | ||||||
9 | those units that will or may be removed, (ii) the | ||||||
10 | municipality's plans for relocation assistance for those | ||||||
11 | residents in the proposed redevelopment project area whose | ||||||
12 | residences are to be removed, (iii) the availability of | ||||||
13 | replacement housing for those residents whose residences | ||||||
14 | are to be removed, and shall identify the type, location, | ||||||
15 | and cost of the housing, and (iv) the type and extent of | ||||||
16 | relocation assistance to be provided. | ||||||
17 | (6) On and after November 1, 1999, the housing impact | ||||||
18 | study required by paragraph (5) shall be incorporated in | ||||||
19 | the redevelopment plan for the redevelopment project area. | ||||||
20 | (7) On and after November 1, 1999, no redevelopment | ||||||
21 | plan shall be adopted, nor an existing plan amended, nor | ||||||
22 | shall residential housing that is occupied by households | ||||||
23 | of low-income and very low-income persons in currently | ||||||
24 | existing redevelopment project areas be removed after | ||||||
25 | November 1, 1999 unless the redevelopment plan provides, | ||||||
26 | with respect to inhabited housing units that are to be |
| |||||||
| |||||||
1 | removed for households of low-income and very low-income | ||||||
2 | persons, affordable housing and relocation assistance not | ||||||
3 | less than that which would be provided under the federal | ||||||
4 | Uniform Relocation Assistance and Real Property | ||||||
5 | Acquisition Policies Act of 1970 and the regulations under | ||||||
6 | that Act, including the eligibility criteria. Affordable | ||||||
7 | housing may be either existing or newly constructed | ||||||
8 | housing. For purposes of this paragraph (7), "low-income | ||||||
9 | households", "very low-income households", and "affordable | ||||||
10 | housing" have the meanings set forth in the Illinois | ||||||
11 | Affordable Housing Act. The municipality shall make a good | ||||||
12 | faith effort to ensure that this affordable housing is | ||||||
13 | located in or near the redevelopment project area within | ||||||
14 | the municipality. | ||||||
15 | (8) On and after November 1, 1999, if, after the | ||||||
16 | adoption of the redevelopment plan for the redevelopment | ||||||
17 | project area, any municipality desires to amend its | ||||||
18 | redevelopment plan to remove more inhabited residential | ||||||
19 | units than specified in its original redevelopment plan, | ||||||
20 | that change shall be made in accordance with the | ||||||
21 | procedures in subsection (c) of Section 11-74.4-5. | ||||||
22 | (9) For redevelopment project areas designated prior | ||||||
23 | to November 1, 1999, the redevelopment plan may be amended | ||||||
24 | without further joint review board meeting or hearing, | ||||||
25 | provided that the municipality shall give notice of any | ||||||
26 | such changes by mail to each affected taxing district and |
| |||||||
| |||||||
1 | registrant on the interested party registry, to authorize | ||||||
2 | the municipality to expend tax increment revenues for | ||||||
3 | redevelopment project costs defined by paragraphs (5) and | ||||||
4 | (7.5), subparagraphs (E) and (F) of paragraph (11), and | ||||||
5 | paragraph (11.5) of subsection (q) of Section 11-74.4-3, | ||||||
6 | so long as the changes do not increase the total estimated | ||||||
7 | redevelopment project costs set out in the redevelopment | ||||||
8 | plan by more than 5% after adjustment for inflation from | ||||||
9 | the date the plan was adopted. | ||||||
10 | (o) "Redevelopment project" means any public and private | ||||||
11 | development project in furtherance of the objectives of a | ||||||
12 | redevelopment plan. On and after November 1, 1999 (the | ||||||
13 | effective date of Public Act 91-478), no redevelopment plan | ||||||
14 | may be approved or amended that includes the development of | ||||||
15 | vacant land (i) with a golf course and related clubhouse and | ||||||
16 | other facilities or (ii) designated by federal, State, county, | ||||||
17 | or municipal government as public land for outdoor | ||||||
18 | recreational activities or for nature preserves and used for | ||||||
19 | that purpose within 5 years prior to the adoption of the | ||||||
20 | redevelopment plan. For the purpose of this subsection, | ||||||
21 | "recreational activities" is limited to mean camping and | ||||||
22 | hunting. | ||||||
23 | (p) "Redevelopment project area" means an area designated | ||||||
24 | by the municipality, which is not less in the aggregate than 1 | ||||||
25 | 1/2 acres and in respect to which the municipality has made a | ||||||
26 | finding that there exist conditions which cause the area to be |
| |||||||
| |||||||
1 | classified as an industrial park conservation area or a | ||||||
2 | blighted area or a conservation area, or a combination of both | ||||||
3 | blighted areas and conservation areas. | ||||||
4 | (p-1) Notwithstanding any provision of this Act to the | ||||||
5 | contrary, on and after August 25, 2009 (the effective date of | ||||||
6 | Public Act 96-680), a redevelopment project area may include | ||||||
7 | areas within a one-half mile radius of an existing or proposed | ||||||
8 | Metropolitan Mobility Regional Transportation Authority | ||||||
9 | Suburban Transit Access Route (STAR Line) station without a | ||||||
10 | finding that the area is classified as an industrial park | ||||||
11 | conservation area, a blighted area, a conservation area, or a | ||||||
12 | combination thereof, but only if the municipality receives | ||||||
13 | unanimous consent from the joint review board created to | ||||||
14 | review the proposed redevelopment project area. | ||||||
15 | (p-2) Notwithstanding any provision of this Act to the | ||||||
16 | contrary, on and after the effective date of this amendatory | ||||||
17 | Act of the 99th General Assembly, a redevelopment project area | ||||||
18 | may include areas within a transit facility improvement area | ||||||
19 | that has been established pursuant to Section 11-74.4-3.3 | ||||||
20 | without a finding that the area is classified as an industrial | ||||||
21 | park conservation area, a blighted area, a conservation area, | ||||||
22 | or any combination thereof. | ||||||
23 | (q) "Redevelopment project costs", except for | ||||||
24 | redevelopment project areas created pursuant to subsection | ||||||
25 | (p-1) or (p-2), means and includes the sum total of all | ||||||
26 | reasonable or necessary costs incurred or estimated to be |
| |||||||
| |||||||
1 | incurred, and any such costs incidental to a redevelopment | ||||||
2 | plan and a redevelopment project. Such costs include, without | ||||||
3 | limitation, the following: | ||||||
4 | (1) Costs of studies, surveys, development of plans, | ||||||
5 | and specifications, implementation and administration of | ||||||
6 | the redevelopment plan including but not limited to staff | ||||||
7 | and professional service costs for architectural, | ||||||
8 | engineering, legal, financial, planning or other services, | ||||||
9 | provided however that no charges for professional services | ||||||
10 | may be based on a percentage of the tax increment | ||||||
11 | collected; except that on and after November 1, 1999 (the | ||||||
12 | effective date of Public Act 91-478), no contracts for | ||||||
13 | professional services, excluding architectural and | ||||||
14 | engineering services, may be entered into if the terms of | ||||||
15 | the contract extend beyond a period of 3 years. In | ||||||
16 | addition, "redevelopment project costs" shall not include | ||||||
17 | lobbying expenses. After consultation with the | ||||||
18 | municipality, each tax increment consultant or advisor to | ||||||
19 | a municipality that plans to designate or has designated a | ||||||
20 | redevelopment project area shall inform the municipality | ||||||
21 | in writing of any contracts that the consultant or advisor | ||||||
22 | has entered into with entities or individuals that have | ||||||
23 | received, or are receiving, payments financed by tax | ||||||
24 | increment revenues produced by the redevelopment project | ||||||
25 | area with respect to which the consultant or advisor has | ||||||
26 | performed, or will be performing, service for the |
| |||||||
| |||||||
1 | municipality. This requirement shall be satisfied by the | ||||||
2 | consultant or advisor before the commencement of services | ||||||
3 | for the municipality and thereafter whenever any other | ||||||
4 | contracts with those individuals or entities are executed | ||||||
5 | by the consultant or advisor; | ||||||
6 | (1.5) After July 1, 1999, annual administrative costs | ||||||
7 | shall not include general overhead or administrative costs | ||||||
8 | of the municipality that would still have been incurred by | ||||||
9 | the municipality if the municipality had not designated a | ||||||
10 | redevelopment project area or approved a redevelopment | ||||||
11 | plan; | ||||||
12 | (1.6) The cost of marketing sites within the | ||||||
13 | redevelopment project area to prospective businesses, | ||||||
14 | developers, and investors; | ||||||
15 | (2) Property assembly costs, including but not limited | ||||||
16 | to acquisition of land and other property, real or | ||||||
17 | personal, or rights or interests therein, demolition of | ||||||
18 | buildings, site preparation, site improvements that serve | ||||||
19 | as an engineered barrier addressing ground level or below | ||||||
20 | ground environmental contamination, including, but not | ||||||
21 | limited to parking lots and other concrete or asphalt | ||||||
22 | barriers, and the clearing and grading of land; | ||||||
23 | (3) Costs of rehabilitation, reconstruction or repair | ||||||
24 | or remodeling of existing public or private buildings, | ||||||
25 | fixtures, and leasehold improvements; and the cost of | ||||||
26 | replacing an existing public building if pursuant to the |
| |||||||
| |||||||
1 | implementation of a redevelopment project the existing | ||||||
2 | public building is to be demolished to use the site for | ||||||
3 | private investment or devoted to a different use requiring | ||||||
4 | private investment; including any direct or indirect costs | ||||||
5 | relating to Green Globes or LEED certified construction | ||||||
6 | elements or construction elements with an equivalent | ||||||
7 | certification; | ||||||
8 | (4) Costs of the construction of public works or | ||||||
9 | improvements, including any direct or indirect costs | ||||||
10 | relating to Green Globes or LEED certified construction | ||||||
11 | elements or construction elements with an equivalent | ||||||
12 | certification, except that on and after November 1, 1999, | ||||||
13 | redevelopment project costs shall not include the cost of | ||||||
14 | constructing a new municipal public building principally | ||||||
15 | used to provide offices, storage space, or conference | ||||||
16 | facilities or vehicle storage, maintenance, or repair for | ||||||
17 | administrative, public safety, or public works personnel | ||||||
18 | and that is not intended to replace an existing public | ||||||
19 | building as provided under paragraph (3) of subsection (q) | ||||||
20 | of Section 11-74.4-3 unless either (i) the construction of | ||||||
21 | the new municipal building implements a redevelopment | ||||||
22 | project that was included in a redevelopment plan that was | ||||||
23 | adopted by the municipality prior to November 1, 1999, | ||||||
24 | (ii) the municipality makes a reasonable determination in | ||||||
25 | the redevelopment plan, supported by information that | ||||||
26 | provides the basis for that determination, that the new |
| |||||||
| |||||||
1 | municipal building is required to meet an increase in the | ||||||
2 | need for public safety purposes anticipated to result from | ||||||
3 | the implementation of the redevelopment plan, or (iii) the | ||||||
4 | new municipal public building is for the storage, | ||||||
5 | maintenance, or repair of transit vehicles and is located | ||||||
6 | in a transit facility improvement area that has been | ||||||
7 | established pursuant to Section 11-74.4-3.3; | ||||||
8 | (5) Costs of job training and retraining projects, | ||||||
9 | including the cost of "welfare to work" programs | ||||||
10 | implemented by businesses located within the redevelopment | ||||||
11 | project area; | ||||||
12 | (6) Financing costs, including but not limited to all | ||||||
13 | necessary and incidental expenses related to the issuance | ||||||
14 | of obligations and which may include payment of interest | ||||||
15 | on any obligations issued hereunder including interest | ||||||
16 | accruing during the estimated period of construction of | ||||||
17 | any redevelopment project for which such obligations are | ||||||
18 | issued and for not exceeding 36 months thereafter and | ||||||
19 | including reasonable reserves related thereto; | ||||||
20 | (7) To the extent the municipality by written | ||||||
21 | agreement accepts and approves the same, all or a portion | ||||||
22 | of a taxing district's capital costs resulting from the | ||||||
23 | redevelopment project necessarily incurred or to be | ||||||
24 | incurred within a taxing district in furtherance of the | ||||||
25 | objectives of the redevelopment plan and project; | ||||||
26 | (7.5) For redevelopment project areas designated (or |
| |||||||
| |||||||
1 | redevelopment project areas amended to add or increase the | ||||||
2 | number of tax-increment-financing assisted housing units) | ||||||
3 | on or after November 1, 1999, an elementary, secondary, or | ||||||
4 | unit school district's increased costs attributable to | ||||||
5 | assisted housing units located within the redevelopment | ||||||
6 | project area for which the developer or redeveloper | ||||||
7 | receives financial assistance through an agreement with | ||||||
8 | the municipality or because the municipality incurs the | ||||||
9 | cost of necessary infrastructure improvements within the | ||||||
10 | boundaries of the assisted housing sites necessary for the | ||||||
11 | completion of that housing as authorized by this Act, and | ||||||
12 | which costs shall be paid by the municipality from the | ||||||
13 | Special Tax Allocation Fund when the tax increment revenue | ||||||
14 | is received as a result of the assisted housing units and | ||||||
15 | shall be calculated annually as follows: | ||||||
16 | (A) for foundation districts, excluding any school | ||||||
17 | district in a municipality with a population in excess | ||||||
18 | of 1,000,000, by multiplying the district's increase | ||||||
19 | in attendance resulting from the net increase in new | ||||||
20 | students enrolled in that school district who reside | ||||||
21 | in housing units within the redevelopment project area | ||||||
22 | that have received financial assistance through an | ||||||
23 | agreement with the municipality or because the | ||||||
24 | municipality incurs the cost of necessary | ||||||
25 | infrastructure improvements within the boundaries of | ||||||
26 | the housing sites necessary for the completion of that |
| |||||||
| |||||||
1 | housing as authorized by this Act since the | ||||||
2 | designation of the redevelopment project area by the | ||||||
3 | most recently available per capita tuition cost as | ||||||
4 | defined in Section 10-20.12a of the School Code less | ||||||
5 | any increase in general State aid as defined in | ||||||
6 | Section 18-8.05 of the School Code or evidence-based | ||||||
7 | funding as defined in Section 18-8.15 of the School | ||||||
8 | Code attributable to these added new students subject | ||||||
9 | to the following annual limitations: | ||||||
10 | (i) for unit school districts with a district | ||||||
11 | average 1995-96 Per Capita Tuition Charge of less | ||||||
12 | than $5,900, no more than 25% of the total amount | ||||||
13 | of property tax increment revenue produced by | ||||||
14 | those housing units that have received tax | ||||||
15 | increment finance assistance under this Act; | ||||||
16 | (ii) for elementary school districts with a | ||||||
17 | district average 1995-96 Per Capita Tuition Charge | ||||||
18 | of less than $5,900, no more than 17% of the total | ||||||
19 | amount of property tax increment revenue produced | ||||||
20 | by those housing units that have received tax | ||||||
21 | increment finance assistance under this Act; and | ||||||
22 | (iii) for secondary school districts with a | ||||||
23 | district average 1995-96 Per Capita Tuition Charge | ||||||
24 | of less than $5,900, no more than 8% of the total | ||||||
25 | amount of property tax increment revenue produced | ||||||
26 | by those housing units that have received tax |
| |||||||
| |||||||
1 | increment finance assistance under this Act. | ||||||
2 | (B) For alternate method districts, flat grant | ||||||
3 | districts, and foundation districts with a district | ||||||
4 | average 1995-96 Per Capita Tuition Charge equal to or | ||||||
5 | more than $5,900, excluding any school district with a | ||||||
6 | population in excess of 1,000,000, by multiplying the | ||||||
7 | district's increase in attendance resulting from the | ||||||
8 | net increase in new students enrolled in that school | ||||||
9 | district who reside in housing units within the | ||||||
10 | redevelopment project area that have received | ||||||
11 | financial assistance through an agreement with the | ||||||
12 | municipality or because the municipality incurs the | ||||||
13 | cost of necessary infrastructure improvements within | ||||||
14 | the boundaries of the housing sites necessary for the | ||||||
15 | completion of that housing as authorized by this Act | ||||||
16 | since the designation of the redevelopment project | ||||||
17 | area by the most recently available per capita tuition | ||||||
18 | cost as defined in Section 10-20.12a of the School | ||||||
19 | Code less any increase in general state aid as defined | ||||||
20 | in Section 18-8.05 of the School Code or | ||||||
21 | evidence-based funding as defined in Section 18-8.15 | ||||||
22 | of the School Code attributable to these added new | ||||||
23 | students subject to the following annual limitations: | ||||||
24 | (i) for unit school districts, no more than | ||||||
25 | 40% of the total amount of property tax increment | ||||||
26 | revenue produced by those housing units that have |
| |||||||
| |||||||
1 | received tax increment finance assistance under | ||||||
2 | this Act; | ||||||
3 | (ii) for elementary school districts, no more | ||||||
4 | than 27% of the total amount of property tax | ||||||
5 | increment revenue produced by those housing units | ||||||
6 | that have received tax increment finance | ||||||
7 | assistance under this Act; and | ||||||
8 | (iii) for secondary school districts, no more | ||||||
9 | than 13% of the total amount of property tax | ||||||
10 | increment revenue produced by those housing units | ||||||
11 | that have received tax increment finance | ||||||
12 | assistance under this Act. | ||||||
13 | (C) For any school district in a municipality with | ||||||
14 | a population in excess of 1,000,000, the following | ||||||
15 | restrictions shall apply to the reimbursement of | ||||||
16 | increased costs under this paragraph (7.5): | ||||||
17 | (i) no increased costs shall be reimbursed | ||||||
18 | unless the school district certifies that each of | ||||||
19 | the schools affected by the assisted housing | ||||||
20 | project is at or over its student capacity; | ||||||
21 | (ii) the amount reimbursable shall be reduced | ||||||
22 | by the value of any land donated to the school | ||||||
23 | district by the municipality or developer, and by | ||||||
24 | the value of any physical improvements made to the | ||||||
25 | schools by the municipality or developer; and | ||||||
26 | (iii) the amount reimbursed may not affect |
| |||||||
| |||||||
1 | amounts otherwise obligated by the terms of any | ||||||
2 | bonds, notes, or other funding instruments, or the | ||||||
3 | terms of any redevelopment agreement. | ||||||
4 | Any school district seeking payment under this | ||||||
5 | paragraph (7.5) shall, after July 1 and before | ||||||
6 | September 30 of each year, provide the municipality | ||||||
7 | with reasonable evidence to support its claim for | ||||||
8 | reimbursement before the municipality shall be | ||||||
9 | required to approve or make the payment to the school | ||||||
10 | district. If the school district fails to provide the | ||||||
11 | information during this period in any year, it shall | ||||||
12 | forfeit any claim to reimbursement for that year. | ||||||
13 | School districts may adopt a resolution waiving the | ||||||
14 | right to all or a portion of the reimbursement | ||||||
15 | otherwise required by this paragraph (7.5). By | ||||||
16 | acceptance of this reimbursement the school district | ||||||
17 | waives the right to directly or indirectly set aside, | ||||||
18 | modify, or contest in any manner the establishment of | ||||||
19 | the redevelopment project area or projects; | ||||||
20 | (7.7) For redevelopment project areas designated (or | ||||||
21 | redevelopment project areas amended to add or increase the | ||||||
22 | number of tax-increment-financing assisted housing units) | ||||||
23 | on or after January 1, 2005 (the effective date of Public | ||||||
24 | Act 93-961), a public library district's increased costs | ||||||
25 | attributable to assisted housing units located within the | ||||||
26 | redevelopment project area for which the developer or |
| |||||||
| |||||||
1 | redeveloper receives financial assistance through an | ||||||
2 | agreement with the municipality or because the | ||||||
3 | municipality incurs the cost of necessary infrastructure | ||||||
4 | improvements within the boundaries of the assisted housing | ||||||
5 | sites necessary for the completion of that housing as | ||||||
6 | authorized by this Act shall be paid to the library | ||||||
7 | district by the municipality from the Special Tax | ||||||
8 | Allocation Fund when the tax increment revenue is received | ||||||
9 | as a result of the assisted housing units. This paragraph | ||||||
10 | (7.7) applies only if (i) the library district is located | ||||||
11 | in a county that is subject to the Property Tax Extension | ||||||
12 | Limitation Law or (ii) the library district is not located | ||||||
13 | in a county that is subject to the Property Tax Extension | ||||||
14 | Limitation Law but the district is prohibited by any other | ||||||
15 | law from increasing its tax levy rate without a prior | ||||||
16 | voter referendum. | ||||||
17 | The amount paid to a library district under this | ||||||
18 | paragraph (7.7) shall be calculated by multiplying (i) the | ||||||
19 | net increase in the number of persons eligible to obtain a | ||||||
20 | library card in that district who reside in housing units | ||||||
21 | within the redevelopment project area that have received | ||||||
22 | financial assistance through an agreement with the | ||||||
23 | municipality or because the municipality incurs the cost | ||||||
24 | of necessary infrastructure improvements within the | ||||||
25 | boundaries of the housing sites necessary for the | ||||||
26 | completion of that housing as authorized by this Act since |
| |||||||
| |||||||
1 | the designation of the redevelopment project area by (ii) | ||||||
2 | the per-patron cost of providing library services so long | ||||||
3 | as it does not exceed $120. The per-patron cost shall be | ||||||
4 | the Total Operating Expenditures Per Capita for the | ||||||
5 | library in the previous fiscal year. The municipality may | ||||||
6 | deduct from the amount that it must pay to a library | ||||||
7 | district under this paragraph any amount that it has | ||||||
8 | voluntarily paid to the library district from the tax | ||||||
9 | increment revenue. The amount paid to a library district | ||||||
10 | under this paragraph (7.7) shall be no more than 2% of the | ||||||
11 | amount produced by the assisted housing units and | ||||||
12 | deposited into the Special Tax Allocation Fund. | ||||||
13 | A library district is not eligible for any payment | ||||||
14 | under this paragraph (7.7) unless the library district has | ||||||
15 | experienced an increase in the number of patrons from the | ||||||
16 | municipality that created the tax-increment-financing | ||||||
17 | district since the designation of the redevelopment | ||||||
18 | project area. | ||||||
19 | Any library district seeking payment under this | ||||||
20 | paragraph (7.7) shall, after July 1 and before September | ||||||
21 | 30 of each year, provide the municipality with convincing | ||||||
22 | evidence to support its claim for reimbursement before the | ||||||
23 | municipality shall be required to approve or make the | ||||||
24 | payment to the library district. If the library district | ||||||
25 | fails to provide the information during this period in any | ||||||
26 | year, it shall forfeit any claim to reimbursement for that |
| |||||||
| |||||||
1 | year. Library districts may adopt a resolution waiving the | ||||||
2 | right to all or a portion of the reimbursement otherwise | ||||||
3 | required by this paragraph (7.7). By acceptance of such | ||||||
4 | reimbursement, the library district shall forfeit any | ||||||
5 | right to directly or indirectly set aside, modify, or | ||||||
6 | contest in any manner whatsoever the establishment of the | ||||||
7 | redevelopment project area or projects; | ||||||
8 | (8) Relocation costs to the extent that a municipality | ||||||
9 | determines that relocation costs shall be paid or is | ||||||
10 | required to make payment of relocation costs by federal or | ||||||
11 | State law or in order to satisfy subparagraph (7) of | ||||||
12 | subsection (n); | ||||||
13 | (9) Payment in lieu of taxes; | ||||||
14 | (10) Costs of job training, retraining, advanced | ||||||
15 | vocational education or career education, including but | ||||||
16 | not limited to courses in occupational, semi-technical or | ||||||
17 | technical fields leading directly to employment, incurred | ||||||
18 | by one or more taxing districts, provided that such costs | ||||||
19 | (i) are related to the establishment and maintenance of | ||||||
20 | additional job training, advanced vocational education or | ||||||
21 | career education programs for persons employed or to be | ||||||
22 | employed by employers located in a redevelopment project | ||||||
23 | area; and (ii) when incurred by a taxing district or | ||||||
24 | taxing districts other than the municipality, are set | ||||||
25 | forth in a written agreement by or among the municipality | ||||||
26 | and the taxing district or taxing districts, which |
| |||||||
| |||||||
1 | agreement describes the program to be undertaken, | ||||||
2 | including but not limited to the number of employees to be | ||||||
3 | trained, a description of the training and services to be | ||||||
4 | provided, the number and type of positions available or to | ||||||
5 | be available, itemized costs of the program and sources of | ||||||
6 | funds to pay for the same, and the term of the agreement. | ||||||
7 | Such costs include, specifically, the payment by community | ||||||
8 | college districts of costs pursuant to Sections 3-37, | ||||||
9 | 3-38, 3-40 and 3-40.1 of the Public Community College Act | ||||||
10 | and by school districts of costs pursuant to Sections | ||||||
11 | 10-22.20a and 10-23.3a of the School Code; | ||||||
12 | (11) Interest cost incurred by a redeveloper related | ||||||
13 | to the construction, renovation or rehabilitation of a | ||||||
14 | redevelopment project provided that: | ||||||
15 | (A) such costs are to be paid directly from the | ||||||
16 | special tax allocation fund established pursuant to | ||||||
17 | this Act; | ||||||
18 | (B) such payments in any one year may not exceed | ||||||
19 | 30% of the annual interest costs incurred by the | ||||||
20 | redeveloper with regard to the redevelopment project | ||||||
21 | during that year; | ||||||
22 | (C) if there are not sufficient funds available in | ||||||
23 | the special tax allocation fund to make the payment | ||||||
24 | pursuant to this paragraph (11) then the amounts so | ||||||
25 | due shall accrue and be payable when sufficient funds | ||||||
26 | are available in the special tax allocation fund; |
| |||||||
| |||||||
1 | (D) the total of such interest payments paid | ||||||
2 | pursuant to this Act may not exceed 30% of the total | ||||||
3 | (i) cost paid or incurred by the redeveloper for the | ||||||
4 | redevelopment project plus (ii) redevelopment project | ||||||
5 | costs excluding any property assembly costs and any | ||||||
6 | relocation costs incurred by a municipality pursuant | ||||||
7 | to this Act; | ||||||
8 | (E) the cost limits set forth in subparagraphs (B) | ||||||
9 | and (D) of paragraph (11) shall be modified for the | ||||||
10 | financing of rehabilitated or new housing units for | ||||||
11 | low-income households and very low-income households, | ||||||
12 | as defined in Section 3 of the Illinois Affordable | ||||||
13 | Housing Act. The percentage of 75% shall be | ||||||
14 | substituted for 30% in subparagraphs (B) and (D) of | ||||||
15 | paragraph (11); and | ||||||
16 | (F) instead of the eligible costs provided by | ||||||
17 | subparagraphs (B) and (D) of paragraph (11), as | ||||||
18 | modified by this subparagraph, and notwithstanding any | ||||||
19 | other provisions of this Act to the contrary, the | ||||||
20 | municipality may pay from tax increment revenues up to | ||||||
21 | 50% of the cost of construction of new housing units to | ||||||
22 | be occupied by low-income households and very | ||||||
23 | low-income households as defined in Section 3 of the | ||||||
24 | Illinois Affordable Housing Act. The cost of | ||||||
25 | construction of those units may be derived from the | ||||||
26 | proceeds of bonds issued by the municipality under |
| |||||||
| |||||||
1 | this Act or other constitutional or statutory | ||||||
2 | authority or from other sources of municipal revenue | ||||||
3 | that may be reimbursed from tax increment revenues or | ||||||
4 | the proceeds of bonds issued to finance the | ||||||
5 | construction of that housing. | ||||||
6 | The eligible costs provided under this | ||||||
7 | subparagraph (F) of paragraph (11) shall be an | ||||||
8 | eligible cost for the construction, renovation, and | ||||||
9 | rehabilitation of all low and very low-income housing | ||||||
10 | units, as defined in Section 3 of the Illinois | ||||||
11 | Affordable Housing Act, within the redevelopment | ||||||
12 | project area. If the low and very low-income units are | ||||||
13 | part of a residential redevelopment project that | ||||||
14 | includes units not affordable to low and very | ||||||
15 | low-income households, only the low and very | ||||||
16 | low-income units shall be eligible for benefits under | ||||||
17 | this subparagraph (F) of paragraph (11). The standards | ||||||
18 | for maintaining the occupancy by low-income households | ||||||
19 | and very low-income households, as defined in Section | ||||||
20 | 3 of the Illinois Affordable Housing Act, of those | ||||||
21 | units constructed with eligible costs made available | ||||||
22 | under the provisions of this subparagraph (F) of | ||||||
23 | paragraph (11) shall be established by guidelines | ||||||
24 | adopted by the municipality. The responsibility for | ||||||
25 | annually documenting the initial occupancy of the | ||||||
26 | units by low-income households and very low-income |
| |||||||
| |||||||
1 | households, as defined in Section 3 of the Illinois | ||||||
2 | Affordable Housing Act, shall be that of the then | ||||||
3 | current owner of the property. For ownership units, | ||||||
4 | the guidelines will provide, at a minimum, for a | ||||||
5 | reasonable recapture of funds, or other appropriate | ||||||
6 | methods designed to preserve the original | ||||||
7 | affordability of the ownership units. For rental | ||||||
8 | units, the guidelines will provide, at a minimum, for | ||||||
9 | the affordability of rent to low and very low-income | ||||||
10 | households. As units become available, they shall be | ||||||
11 | rented to income-eligible tenants. The municipality | ||||||
12 | may modify these guidelines from time to time; the | ||||||
13 | guidelines, however, shall be in effect for as long as | ||||||
14 | tax increment revenue is being used to pay for costs | ||||||
15 | associated with the units or for the retirement of | ||||||
16 | bonds issued to finance the units or for the life of | ||||||
17 | the redevelopment project area, whichever is later; | ||||||
18 | (11.5) If the redevelopment project area is located | ||||||
19 | within a municipality with a population of more than | ||||||
20 | 100,000, the cost of day care services for children of | ||||||
21 | employees from low-income families working for businesses | ||||||
22 | located within the redevelopment project area and all or a | ||||||
23 | portion of the cost of operation of day care centers | ||||||
24 | established by redevelopment project area businesses to | ||||||
25 | serve employees from low-income families working in | ||||||
26 | businesses located in the redevelopment project area. For |
| |||||||
| |||||||
1 | the purposes of this paragraph, "low-income families" | ||||||
2 | means families whose annual income does not exceed 80% of | ||||||
3 | the municipal, county, or regional median income, adjusted | ||||||
4 | for family size, as the annual income and municipal, | ||||||
5 | county, or regional median income are determined from time | ||||||
6 | to time by the United States Department of Housing and | ||||||
7 | Urban Development. | ||||||
8 | (12) Costs relating to the development of urban | ||||||
9 | agricultural areas under Division 15.2 of the Illinois | ||||||
10 | Municipal Code. | ||||||
11 | Unless explicitly stated herein the cost of construction | ||||||
12 | of new privately-owned buildings shall not be an eligible | ||||||
13 | redevelopment project cost. | ||||||
14 | After November 1, 1999 (the effective date of Public Act | ||||||
15 | 91-478), none of the redevelopment project costs enumerated in | ||||||
16 | this subsection shall be eligible redevelopment project costs | ||||||
17 | if those costs would provide direct financial support to a | ||||||
18 | retail entity initiating operations in the redevelopment | ||||||
19 | project area while terminating operations at another Illinois | ||||||
20 | location within 10 miles of the redevelopment project area but | ||||||
21 | outside the boundaries of the redevelopment project area | ||||||
22 | municipality. For purposes of this paragraph, termination | ||||||
23 | means a closing of a retail operation that is directly related | ||||||
24 | to the opening of the same operation or like retail entity | ||||||
25 | owned or operated by more than 50% of the original ownership in | ||||||
26 | a redevelopment project area, but it does not mean closing an |
| |||||||
| |||||||
1 | operation for reasons beyond the control of the retail entity, | ||||||
2 | as documented by the retail entity, subject to a reasonable | ||||||
3 | finding by the municipality that the current location | ||||||
4 | contained inadequate space, had become economically obsolete, | ||||||
5 | or was no longer a viable location for the retailer or | ||||||
6 | serviceman. | ||||||
7 | No cost shall be a redevelopment project cost in a | ||||||
8 | redevelopment project area if used to demolish, remove, or | ||||||
9 | substantially modify a historic resource, after August 26, | ||||||
10 | 2008 (the effective date of Public Act 95-934), unless no | ||||||
11 | prudent and feasible alternative exists. "Historic resource" | ||||||
12 | for the purpose of this paragraph means (i) a place or | ||||||
13 | structure that is included or eligible for inclusion on the | ||||||
14 | National Register of Historic Places or (ii) a contributing | ||||||
15 | structure in a district on the National Register of Historic | ||||||
16 | Places. This paragraph does not apply to a place or structure | ||||||
17 | for which demolition, removal, or modification is subject to | ||||||
18 | review by the preservation agency of a Certified Local | ||||||
19 | Government designated as such by the National Park Service of | ||||||
20 | the United States Department of the Interior. | ||||||
21 | If a special service area has been established pursuant to | ||||||
22 | the Special Service Area Tax Act or Special Service Area Tax | ||||||
23 | Law, then any tax increment revenues derived from the tax | ||||||
24 | imposed pursuant to the Special Service Area Tax Act or | ||||||
25 | Special Service Area Tax Law may be used within the | ||||||
26 | redevelopment project area for the purposes permitted by that |
| |||||||
| |||||||
1 | Act or Law as well as the purposes permitted by this Act. | ||||||
2 | (q-1) For redevelopment project areas created pursuant to | ||||||
3 | subsection (p-1), redevelopment project costs are limited to | ||||||
4 | those costs in paragraph (q) that are related to the existing | ||||||
5 | or proposed Metropolitan Mobility Regional Transportation | ||||||
6 | Authority Suburban Transit Access Route (STAR Line) station. | ||||||
7 | (q-2) For a transit facility improvement area established | ||||||
8 | prior to, on, or after the effective date of this amendatory | ||||||
9 | Act of the 102nd General Assembly: (i) "redevelopment project | ||||||
10 | costs" means those costs described in subsection (q) that are | ||||||
11 | related to the construction, reconstruction, rehabilitation, | ||||||
12 | remodeling, or repair of any existing or proposed transit | ||||||
13 | facility, whether that facility is located within or outside | ||||||
14 | the boundaries of a redevelopment project area established | ||||||
15 | within that transit facility improvement area (and, to the | ||||||
16 | extent a redevelopment project cost is described in subsection | ||||||
17 | (q) as incurred or estimated to be incurred with respect to a | ||||||
18 | redevelopment project area, then it shall apply with respect | ||||||
19 | to such transit facility improvement area); and (ii) the | ||||||
20 | provisions of Section 11-74.4-8 regarding tax increment | ||||||
21 | allocation financing for a redevelopment project area located | ||||||
22 | in a transit facility improvement area shall apply only to the | ||||||
23 | lots, blocks, tracts and parcels of real property that are | ||||||
24 | located within the boundaries of that redevelopment project | ||||||
25 | area and not to the lots, blocks, tracts, and parcels of real | ||||||
26 | property that are located outside the boundaries of that |
| |||||||
| |||||||
1 | redevelopment project area. | ||||||
2 | (r) "State Sales Tax Boundary" means the redevelopment | ||||||
3 | project area or the amended redevelopment project area | ||||||
4 | boundaries which are determined pursuant to subsection (9) of | ||||||
5 | Section 11-74.4-8a of this Act. The Department of Revenue | ||||||
6 | shall certify pursuant to subsection (9) of Section 11-74.4-8a | ||||||
7 | the appropriate boundaries eligible for the determination of | ||||||
8 | State Sales Tax Increment. | ||||||
9 | (s) "State Sales Tax Increment" means an amount equal to | ||||||
10 | the increase in the aggregate amount of taxes paid by | ||||||
11 | retailers and servicemen, other than retailers and servicemen | ||||||
12 | subject to the Public Utilities Act, on transactions at places | ||||||
13 | of business located within a State Sales Tax Boundary pursuant | ||||||
14 | to the Retailers' Occupation Tax Act, the Use Tax Act, the | ||||||
15 | Service Use Tax Act, and the Service Occupation Tax Act, | ||||||
16 | except such portion of such increase that is paid into the | ||||||
17 | State and Local Sales Tax Reform Fund, the Local Government | ||||||
18 | Distributive Fund, the Local Government Tax Fund and the | ||||||
19 | County and Mass Transit District Fund, for as long as State | ||||||
20 | participation exists, over and above the Initial Sales Tax | ||||||
21 | Amounts, Adjusted Initial Sales Tax Amounts or the Revised | ||||||
22 | Initial Sales Tax Amounts for such taxes as certified by the | ||||||
23 | Department of Revenue and paid under those Acts by retailers | ||||||
24 | and servicemen on transactions at places of business located | ||||||
25 | within the State Sales Tax Boundary during the base year which | ||||||
26 | shall be the calendar year immediately prior to the year in |
| |||||||
| |||||||
1 | which the municipality adopted tax increment allocation | ||||||
2 | financing, less 3.0% of such amounts generated under the | ||||||
3 | Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax | ||||||
4 | Act and the Service Occupation Tax Act, which sum shall be | ||||||
5 | appropriated to the Department of Revenue to cover its costs | ||||||
6 | of administering and enforcing this Section. For purposes of | ||||||
7 | computing the aggregate amount of such taxes for base years | ||||||
8 | occurring prior to 1985, the Department of Revenue shall | ||||||
9 | compute the Initial Sales Tax Amount for such taxes and deduct | ||||||
10 | therefrom an amount equal to 4% of the aggregate amount of | ||||||
11 | taxes per year for each year the base year is prior to 1985, | ||||||
12 | but not to exceed a total deduction of 12%. The amount so | ||||||
13 | determined shall be known as the "Adjusted Initial Sales Tax | ||||||
14 | Amount". For purposes of determining the State Sales Tax | ||||||
15 | Increment the Department of Revenue shall for each period | ||||||
16 | subtract from the tax amounts received from retailers and | ||||||
17 | servicemen on transactions located in the State Sales Tax | ||||||
18 | Boundary, the certified Initial Sales Tax Amounts, Adjusted | ||||||
19 | Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts | ||||||
20 | for the Retailers' Occupation Tax Act, the Use Tax Act, the | ||||||
21 | Service Use Tax Act and the Service Occupation Tax Act. For the | ||||||
22 | State Fiscal Year 1989 this calculation shall be made by | ||||||
23 | utilizing the calendar year 1987 to determine the tax amounts | ||||||
24 | received. For the State Fiscal Year 1990, this calculation | ||||||
25 | shall be made by utilizing the period from January 1, 1988, | ||||||
26 | until September 30, 1988, to determine the tax amounts |
| |||||||
| |||||||
1 | received from retailers and servicemen, which shall have | ||||||
2 | deducted therefrom nine-twelfths of the certified Initial | ||||||
3 | Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the | ||||||
4 | Revised Initial Sales Tax Amounts as appropriate. For the | ||||||
5 | State Fiscal Year 1991, this calculation shall be made by | ||||||
6 | utilizing the period from October 1, 1988, until June 30, | ||||||
7 | 1989, to determine the tax amounts received from retailers and | ||||||
8 | servicemen, which shall have deducted therefrom nine-twelfths | ||||||
9 | of the certified Initial State Sales Tax Amounts, Adjusted | ||||||
10 | Initial Sales Tax Amounts or the Revised Initial Sales Tax | ||||||
11 | Amounts as appropriate. For every State Fiscal Year | ||||||
12 | thereafter, the applicable period shall be the 12 months | ||||||
13 | beginning July 1 and ending on June 30, to determine the tax | ||||||
14 | amounts received which shall have deducted therefrom the | ||||||
15 | certified Initial Sales Tax Amounts, Adjusted Initial Sales | ||||||
16 | Tax Amounts or the Revised Initial Sales Tax Amounts. | ||||||
17 | Municipalities intending to receive a distribution of State | ||||||
18 | Sales Tax Increment must report a list of retailers to the | ||||||
19 | Department of Revenue by October 31, 1988 and by July 31, of | ||||||
20 | each year thereafter. | ||||||
21 | (t) "Taxing districts" means counties, townships, cities | ||||||
22 | and incorporated towns and villages, school, road, park, | ||||||
23 | sanitary, mosquito abatement, forest preserve, public health, | ||||||
24 | fire protection, river conservancy, tuberculosis sanitarium | ||||||
25 | and any other municipal corporations or districts with the | ||||||
26 | power to levy taxes. |
| |||||||
| |||||||
1 | (u) "Taxing districts' capital costs" means those costs of | ||||||
2 | taxing districts for capital improvements that are found by | ||||||
3 | the municipal corporate authorities to be necessary and | ||||||
4 | directly result from the redevelopment project. | ||||||
5 | (v) As used in subsection (a) of Section 11-74.4-3 of this | ||||||
6 | Act, "vacant land" means any parcel or combination of parcels | ||||||
7 | of real property without industrial, commercial, and | ||||||
8 | residential buildings which has not been used for commercial | ||||||
9 | agricultural purposes within 5 years prior to the designation | ||||||
10 | of the redevelopment project area, unless the parcel is | ||||||
11 | included in an industrial park conservation area or the parcel | ||||||
12 | has been subdivided; provided that if the parcel was part of a | ||||||
13 | larger tract that has been divided into 3 or more smaller | ||||||
14 | tracts that were accepted for recording during the period from | ||||||
15 | 1950 to 1990, then the parcel shall be deemed to have been | ||||||
16 | subdivided, and all proceedings and actions of the | ||||||
17 | municipality taken in that connection with respect to any | ||||||
18 | previously approved or designated redevelopment project area | ||||||
19 | or amended redevelopment project area are hereby validated and | ||||||
20 | hereby declared to be legally sufficient for all purposes of | ||||||
21 | this Act. For purposes of this Section and only for land | ||||||
22 | subject to the subdivision requirements of the Plat Act, land | ||||||
23 | is subdivided when the original plat of the proposed | ||||||
24 | Redevelopment Project Area or relevant portion thereof has | ||||||
25 | been properly certified, acknowledged, approved, and recorded | ||||||
26 | or filed in accordance with the Plat Act and a preliminary |
| |||||||
| |||||||
1 | plat, if any, for any subsequent phases of the proposed | ||||||
2 | Redevelopment Project Area or relevant portion thereof has | ||||||
3 | been properly approved and filed in accordance with the | ||||||
4 | applicable ordinance of the municipality. | ||||||
5 | (w) "Annual Total Increment" means the sum of each | ||||||
6 | municipality's annual Net Sales Tax Increment and each | ||||||
7 | municipality's annual Net Utility Tax Increment. The ratio of | ||||||
8 | the Annual Total Increment of each municipality to the Annual | ||||||
9 | Total Increment for all municipalities, as most recently | ||||||
10 | calculated by the Department, shall determine the proportional | ||||||
11 | shares of the Illinois Tax Increment Fund to be distributed to | ||||||
12 | each municipality. | ||||||
13 | (x) "LEED certified" means any certification level of | ||||||
14 | construction elements by a qualified Leadership in Energy and | ||||||
15 | Environmental Design Accredited Professional as determined by | ||||||
16 | the U.S. Green Building Council. | ||||||
17 | (y) "Green Globes certified" means any certification level | ||||||
18 | of construction elements by a qualified Green Globes | ||||||
19 | Professional as determined by the Green Building Initiative. | ||||||
20 | (Source: P.A. 102-627, eff. 8-27-21.) | ||||||
21 | (65 ILCS 5/Art. 11 Div. 122.2 heading) | ||||||
22 | DIVISION 122.2. METROPOLITAN MOBILITY REGIONAL TRANSPORTATION | ||||||
23 | AUTHORITY | ||||||
24 | (65 ILCS 5/11-122.2-1) (from Ch. 24, par. 11-122.2-1) |
| |||||||
| |||||||
1 | Sec. 11-122.2-1. In addition to all its other powers, | ||||||
2 | every municipality shall, in all its dealings with the | ||||||
3 | Metropolitan Mobility Regional Transportation Authority | ||||||
4 | established by the Metropolitan Mobility "Regional | ||||||
5 | Transportation Authority Act ", enacted by the 78th General | ||||||
6 | Assembly, have the following powers: | ||||||
7 | (a) to cooperate with the Metropolitan Mobility Regional | ||||||
8 | Transportation Authority in the exercise by the Metropolitan | ||||||
9 | Mobility Regional Transportation Authority of all the powers | ||||||
10 | granted it by the Act; | ||||||
11 | (b) to receive funds from the Metropolitan Mobility | ||||||
12 | Regional Transportation Authority upon such terms and | ||||||
13 | conditions as shall be set forth in an agreement between the | ||||||
14 | municipality and Metropolitan Mobility Authority the Suburban | ||||||
15 | Bus Board or the Commuter Rail Board , which contract or | ||||||
16 | agreement may be for such number of years or duration as they | ||||||
17 | may agree, all as provided in the Metropolitan Mobility | ||||||
18 | "Regional Transportation Authority Act " ; | ||||||
19 | (c) (blank); to receive financial grants from a Service | ||||||
20 | Board, as defined in the "Regional Transportation Authority | ||||||
21 | Act", upon such terms and conditions as shall be set forth in a | ||||||
22 | Purchase of Service Agreement or other grant contract between | ||||||
23 | the municipality and the Service Board, which contract or | ||||||
24 | agreement may be for such number of years or duration as the | ||||||
25 | Service Board and the municipality may agree, all as provided | ||||||
26 | in the "Regional Transportation Authority Act"; |
| |||||||
| |||||||
1 | (d) to acquire from the Metropolitan Mobility Authority | ||||||
2 | any public transportation facility Regional Transportation | ||||||
3 | Authority or a Service Board any Public Transportation | ||||||
4 | Facility , as defined in the Metropolitan Mobility "Regional | ||||||
5 | Transportation Authority Act " , by purchase contract, gift, | ||||||
6 | grant, exchange for other property or rights in property, | ||||||
7 | lease (or sublease) or installment or conditional purchase | ||||||
8 | contracts, which contracts or leases may provide for | ||||||
9 | consideration to be paid in annual installments during a | ||||||
10 | period not exceeding 40 years; such property may be acquired | ||||||
11 | subject to such conditions, restrictions, liens or security or | ||||||
12 | other interests of other parties as the municipality may deem | ||||||
13 | appropriate and in each case the municipality may acquire a | ||||||
14 | joint, leasehold, easement, license or other partial interest | ||||||
15 | in such property; | ||||||
16 | (e) to sell, sell by installment contract, lease (or | ||||||
17 | sublease) as lessor, or transfer to, or grant to or provide for | ||||||
18 | the use by the Metropolitan Mobility Authority any public | ||||||
19 | transportation facility Regional Transportation Authority or a | ||||||
20 | Service Board any Public Transportation Facility , as defined | ||||||
21 | in the Metropolitan Mobility "Regional Transportation | ||||||
22 | Authority Act , " upon such terms and for such consideration, or | ||||||
23 | for no consideration, as the municipality may deem proper; | ||||||
24 | (f) to cooperate with the Metropolitan Mobility Regional | ||||||
25 | Transportation Authority or a Service Board for the protection | ||||||
26 | of employees and users of public transportation facilities |
| |||||||
| |||||||
1 | against crime and also to protect such facilities; such | ||||||
2 | cooperation may include, without limitation, agreements for | ||||||
3 | the coordination of police or security forces; | ||||||
4 | (g) to file such reports with and transfer such records, | ||||||
5 | papers or documents to the Metropolitan Mobility Authority | ||||||
6 | Regional Transportation Authority or a Service Board as may be | ||||||
7 | agreed upon with, or required by, the Metropolitan Mobility | ||||||
8 | Regional Transportation Authority or a Service Board . | ||||||
9 | In exercising any of the powers granted in this Section | ||||||
10 | the municipality shall not be subject to the provisions of | ||||||
11 | this Code or any Act making public bidding or notice a | ||||||
12 | requirement for any purchase or sale by a municipality. | ||||||
13 | Notwithstanding any provision of this Code to the contrary, | ||||||
14 | every municipality may enter into purchase of service | ||||||
15 | agreements, grant agreements Purchase of Service Agreements, | ||||||
16 | grant contracts , other contracts, agreements or leases, as | ||||||
17 | provided in this Section, and may incur obligations and | ||||||
18 | expenses thereunder without making a previous appropriation | ||||||
19 | therefor. | ||||||
20 | (Source: P.A. 83-886.) | ||||||
21 | Section 20.31. The Regional Planning Act is amended by | ||||||
22 | changing Section 10 as follows: | ||||||
23 | (70 ILCS 1707/10) | ||||||
24 | Sec. 10. Definitions. |
| |||||||
| |||||||
1 | "Board" means the Board of the Chicago Metropolitan Agency | ||||||
2 | for Planning. | ||||||
3 | "CMAP" means the Chicago Metropolitan Agency for Planning. | ||||||
4 | "Chief elected county official" means the Board Chairman | ||||||
5 | in DuPage, Kane, Kendall, Lake, and McHenry Counties and the | ||||||
6 | County Executive in Will County. | ||||||
7 | "Fiscal year" means the fiscal year of the State. | ||||||
8 | "IDOT" means the Illinois Department of Transportation. | ||||||
9 | "MPO" means the metropolitan planning organization | ||||||
10 | designated under 23 U.S.C. 134. | ||||||
11 | "Members" means the members of the Board. | ||||||
12 | "Person" means an individual, partnership, firm, public or | ||||||
13 | private corporation, State agency, transportation agency, or | ||||||
14 | unit of local government. | ||||||
15 | "Policy Committee" means the decision-making body of the | ||||||
16 | MPO. | ||||||
17 | "Region" or "northeastern Illinois region" means Cook, | ||||||
18 | DuPage, Kane, Kendall, Lake, McHenry, and Will Counties. | ||||||
19 | "State agency" means "agency" as defined in Section 1-20 | ||||||
20 | of the Illinois Administrative Procedure Act. | ||||||
21 | "Transportation agency" means the Metropolitan Mobility | ||||||
22 | Regional Transportation Authority and its Service Boards ; the | ||||||
23 | Illinois State Toll Highway Authority; the Illinois Department | ||||||
24 | of Transportation; and the transportation functions of units | ||||||
25 | of local government. | ||||||
26 | "Unit of local government" means a unit of local |
| |||||||
| |||||||
1 | government, as defined in Section 1 of Article VII of the | ||||||
2 | Illinois Constitution, that is located within the jurisdiction | ||||||
3 | and area of operation of the Board. | ||||||
4 | "USDOT" means the United States Department of | ||||||
5 | Transportation. | ||||||
6 | (Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.) | ||||||
7 | (70 ILCS 3605/Act rep.) | ||||||
8 | Section 20.32. The Metropolitan Transit Authority Act is | ||||||
9 | repealed. | ||||||
10 | Section 20.33. The Local Mass Transit District Act is | ||||||
11 | amended by changing Sections 3.1, 5.05, and 8.5 as follows: | ||||||
12 | (70 ILCS 3610/3.1) (from Ch. 111 2/3, par. 353.1) | ||||||
13 | Sec. 3.1. Also in the manner provided in this Act as | ||||||
14 | amended, a "Local Mass Transit District" may be created with | ||||||
15 | boundary to enclose a unit area of contiguous land, to be known | ||||||
16 | as the "participating area". Such a "participating area" may | ||||||
17 | be organized as a district under this Act without regard to | ||||||
18 | boundaries of counties or other political subdivisions or | ||||||
19 | municipal corporations. | ||||||
20 | (a) Any 500 or more legal voters who are residents within | ||||||
21 | such "participating area" may file a petition in the circuit | ||||||
22 | court of the county where the proposed district or a major part | ||||||
23 | thereof is located, asking that the question of creating such |
| |||||||
| |||||||
1 | district be submitted under this Act by referendum to the | ||||||
2 | voters residing within the proposed district. By their power | ||||||
3 | of attorney signed by them and filed in the cause the | ||||||
4 | petitioners may authorize a committee of their number named by | ||||||
5 | the petitioners, to conduct and pursue the cause for them to a | ||||||
6 | conclusion. Such petition shall define the boundaries of the | ||||||
7 | proposed district, shall indicate distances to nearest mass | ||||||
8 | transportation lines in each direction, naming them, shall | ||||||
9 | have attached a fair map of the proposed district, and shall | ||||||
10 | suggest a name for the proposed district. | ||||||
11 | (b) The circuit clerk shall present to the circuit judge | ||||||
12 | any petition so filed in the court. The judge shall enter an | ||||||
13 | order of record to set a date, hour and place for judicial | ||||||
14 | hearing on the petition. That order shall include instructions | ||||||
15 | to the circuit clerk to give notice by newspaper publication | ||||||
16 | to be made and completed at least 20 days before the hearing is | ||||||
17 | to be held, in 2 or more newspapers published or circulating | ||||||
18 | generally among the people residing within the proposed | ||||||
19 | district. The circuit clerk shall prepare that notice and | ||||||
20 | cause such publication notice to be given as directed. | ||||||
21 | (c) After proof of such newspaper publication of notice | ||||||
22 | has been made and filed in the cause and shown to the court in | ||||||
23 | full accord with the prior order, the circuit judge shall hear | ||||||
24 | all persons who attend and so request, as to location and | ||||||
25 | boundary and name for the proposed district. After the hearing | ||||||
26 | on such petition is completed, the circuit court by an order of |
| |||||||
| |||||||
1 | record, shall determine and establish the location, name and | ||||||
2 | boundary for such proposed district, and shall order the | ||||||
3 | proposition submitted at an election in accordance with the | ||||||
4 | general election law to the voters resident within such | ||||||
5 | proposed district. The circuit clerk shall certify the | ||||||
6 | proposition to the proper election officials who shall submit | ||||||
7 | the proposition in accordance with the general election law. | ||||||
8 | (d) The county clerk shall canvass the ballots and other | ||||||
9 | returns from such referendum, and prepare a full certification | ||||||
10 | of the result and shall file same in the cause pending in the | ||||||
11 | circuit court. When the vote is in favor of the creation of | ||||||
12 | such district as determined by the court order, a true map of | ||||||
13 | such district shall be filed with such report in the circuit | ||||||
14 | court. | ||||||
15 | (e) When the vote is in favor of creation of such district, | ||||||
16 | the circuit court by an order of record shall confirm the | ||||||
17 | result of election. If the district is wholly contained within | ||||||
18 | a single county the presiding officer of the county board with | ||||||
19 | the advice and consent of the county board shall appoint 5 | ||||||
20 | trustees, not more than 3 of whom shall be affiliated with the | ||||||
21 | same political party, to govern the district and serve one | ||||||
22 | each for 1, 2, 3, 4 and 5 years respectively; upon the | ||||||
23 | expiration of the term of a trustee who is in office on the | ||||||
24 | effective date of this amendatory Act of 1989, the successor | ||||||
25 | shall, at the time of the appointment, and thereafter at all | ||||||
26 | times while serving as trustee, be a resident of the Mass |
| |||||||
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1 | Transit District for which such person is appointed as | ||||||
2 | trustee. If a trustee removes his residence to a place outside | ||||||
3 | of the District, a trustee shall be appointed in the same | ||||||
4 | manner as herein provided to take the place of the trustee who | ||||||
5 | so removed his residence. If however the district is located | ||||||
6 | in more than one county, the number of trustees who are | ||||||
7 | residents of a county shall be in proportion, as nearly as | ||||||
8 | practicable, to the number of residents of the district who | ||||||
9 | reside in that county in relation to the total population of | ||||||
10 | the district. | ||||||
11 | Upon the expiration of the term of a trustee who is in | ||||||
12 | office on the effective date of this amendatory Act of 1975, | ||||||
13 | the successor shall be a resident of whichever county is | ||||||
14 | entitled to such representation in order to bring about the | ||||||
15 | proportional representation required herein, and he shall be | ||||||
16 | appointed by the county board of that county, or in the case of | ||||||
17 | a home rule county as defined by Article VII, Section 6 of the | ||||||
18 | Constitution of 1970, the chief executive officer of that | ||||||
19 | county, with the advice and consent of the county board in | ||||||
20 | accordance with the provisions previously enumerated. | ||||||
21 | Successors shall serve 5 year overlapping terms. | ||||||
22 | Thereafter, each trustee shall be succeeded by a resident | ||||||
23 | of the same county who shall be appointed by the same | ||||||
24 | appointing authority; however, the provisions of the preceding | ||||||
25 | paragraph shall apply to the appointment of the successor to | ||||||
26 | each trustee who is in office at the time of the publication of |
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1 | each decennial Federal census of population. | ||||||
2 | (f) Upon the creation of such district, the circuit clerk | ||||||
3 | shall prepare and certify a copy of the final court order | ||||||
4 | confirming the referendum creating the district, and a | ||||||
5 | duplicate of the map of such district, from the record of the | ||||||
6 | circuit court, and shall file the same with the county clerk | ||||||
7 | for recording in his office as "Certificate of Incorporation" | ||||||
8 | for the district. The county clerk shall cause a duplicate of | ||||||
9 | such "Certificate of Incorporation" to be filed in the office | ||||||
10 | of the Secretary of State of Illinois. | ||||||
11 | (g) The Board of Trustees of such "Local Mass Transit | ||||||
12 | District" shall have and exercise all the powers and shall | ||||||
13 | perform all the duties of any Board of Trustees of any district | ||||||
14 | created under this Act, as now or hereafter amended. | ||||||
15 | (h) The circuit court shall require the petitioners to | ||||||
16 | post a surety bond for the payment of all costs and expenses of | ||||||
17 | such proceeding and such referendum. When a district is | ||||||
18 | created, the circuit court shall order the district to pay or | ||||||
19 | reimburse others for all such costs and expenses. The surety | ||||||
20 | bond shall not be released until complete receipts for all | ||||||
21 | such costs and expenses have been filed in the cause and fully | ||||||
22 | audited by the circuit and county clerks. | ||||||
23 | (i) If the District is wholly contained within a single | ||||||
24 | county, the County Board of such county may, by resolution, | ||||||
25 | provide that, effective upon the next appointment of a | ||||||
26 | Trustee, after the effective date of this amendatory Act of |
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1 | 1989, that the Board of Trustees of such Mass Transit District | ||||||
2 | shall be comprised of 7 Trustees, with no more than 4 members | ||||||
3 | of the same political party. This Subsection shall not apply | ||||||
4 | to any Mass Transit District in the State which receives | ||||||
5 | funding in whole or in part from the Metropolitan Mobility | ||||||
6 | Authority Regional Transportation Authority or any of its | ||||||
7 | service boards . | ||||||
8 | (Source: P.A. 86-472.) | ||||||
9 | (70 ILCS 3610/5.05) (from Ch. 111 2/3, par. 355.05) | ||||||
10 | Sec. 5.05. In addition to all its other powers, each | ||||||
11 | District shall, in all its dealings with the Metropolitan | ||||||
12 | Mobility Regional Transportation Authority established by the | ||||||
13 | Metropolitan Mobility "Regional Transportation Authority Act ", | ||||||
14 | enacted by the 78th General Assembly, have the following | ||||||
15 | powers: | ||||||
16 | (a) to cooperate with the Metropolitan Mobility Regional | ||||||
17 | Transportation Authority in the exercise by the Metropolitan | ||||||
18 | Mobility Regional Transportation Authority of all the powers | ||||||
19 | granted it by such Act; | ||||||
20 | (b) to receive funds from the Metropolitan Mobility | ||||||
21 | Regional Transportation Authority upon such terms and | ||||||
22 | conditions as shall be set forth in an agreement between the | ||||||
23 | District and the Metropolitan Mobility Regional Transportation | ||||||
24 | Authority, which contract or agreement may be for such number | ||||||
25 | of years or duration as the Authority and the District may |
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1 | agree, all as provided in the Metropolitan Mobility "Regional | ||||||
2 | Transportation Authority Act " ; | ||||||
3 | (c) (blank); to receive financial grants from a Service | ||||||
4 | Board, as defined in the "Regional Transportation Authority | ||||||
5 | Act", upon such terms and conditions as shall be set forth in a | ||||||
6 | Purchase of Service Agreement or other grant contact between | ||||||
7 | the District and the Service Board, which contract or | ||||||
8 | agreement may be for such number of years or duration as the | ||||||
9 | Service Board and the District may agree, all as provided in | ||||||
10 | the "Regional Transportation Authority Act"; | ||||||
11 | (d) to acquire from the Metropolitan Mobility Authority | ||||||
12 | any public transportation facility Regional Transportation | ||||||
13 | Authority or Service Board any Public Transportation Facility , | ||||||
14 | as defined in the Metropolitan Mobility "Regional | ||||||
15 | Transportation Authority Act " , by purchase contract, gift, | ||||||
16 | grant, exchange for other property or rights in property, | ||||||
17 | lease (or sublease) or installment or conditional purchase | ||||||
18 | contracts, which contracts or leases may provide for | ||||||
19 | consideration to be paid in annual installments during a | ||||||
20 | period not exceeding 40 years; such property may be acquired | ||||||
21 | subject to such conditions, restrictions, liens or security or | ||||||
22 | other interests of other parties as the District may deem | ||||||
23 | appropriate and in each case the District may acquire a joint, | ||||||
24 | leasehold, easement, license or other partial interest in such | ||||||
25 | property; | ||||||
26 | (e) to sell, sell by installment contract, lease (or |
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1 | sublease) as lessor, or transfer to, or grant to or provide for | ||||||
2 | the use by the Metropolitan Mobility Authority any public | ||||||
3 | transportation facility Regional Transportation Authority or a | ||||||
4 | Service Board any Public Transportation Facility , as defined | ||||||
5 | in the Metropolitan Mobility "Regional Transportation | ||||||
6 | Authority Act , " upon such terms and for such consideration , as | ||||||
7 | the District may deem proper; | ||||||
8 | (f) to cooperate with the Metropolitan Mobility Authority | ||||||
9 | Regional Transportation Authority or a Service Board for the | ||||||
10 | protection of employees of the District and users of public | ||||||
11 | transportation facilities against crime and also to protect | ||||||
12 | such facilities, but neither the District, the member of its | ||||||
13 | Board nor its officers or employees shall be held liable for | ||||||
14 | failure to provide a security or police force, or, if a | ||||||
15 | security or police force is provided, for failure to provide | ||||||
16 | adequate police protection or security, failure to prevent the | ||||||
17 | commission of crimes by fellow passengers or other third | ||||||
18 | persons or for the failure to apprehend criminals; and | ||||||
19 | (g) to file such reports with and transfer such records, | ||||||
20 | papers or documents to the Metropolitan Mobility Authority | ||||||
21 | Regional Transportation Authority or a Service Board as may be | ||||||
22 | agreed upon with, or required by, the Metropolitan Mobility | ||||||
23 | Authority Regional Transportation Authority or a Service | ||||||
24 | Board . | ||||||
25 | In exercising any of the powers granted in this Section, | ||||||
26 | the District shall not be subject to the provisions of any Act |
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1 | making public bidding or notice a requirement of any purchase | ||||||
2 | or sale by a District. | ||||||
3 | (Source: P.A. 84-939.) | ||||||
4 | (70 ILCS 3610/8.5) (from Ch. 111 2/3, par. 358.5) | ||||||
5 | Sec. 8.5. In addition to any other method provided for | ||||||
6 | annexation under this Act, any territory, except property | ||||||
7 | classified as farmland, which (1) lies within the corporate | ||||||
8 | limits of a municipality as defined in this Act, (2) is | ||||||
9 | contiguous to a local mass transit district organized under | ||||||
10 | this Act, and (3) is not a part of another local mass transit | ||||||
11 | district, may be annexed by the contiguous local mass transit | ||||||
12 | district, by ordinance, after a public hearing has been held | ||||||
13 | thereon by the board of trustees of the district at a location | ||||||
14 | within the territory sought to be annexed, or within 1 mile of | ||||||
15 | any part of the territory sought to be annexed. The annexing | ||||||
16 | district shall cause to be published three times in a | ||||||
17 | newspaper having general circulation within the area | ||||||
18 | considered for annexation, at least 30 days prior to the | ||||||
19 | public hearing thereon, a notice that the local mass transit | ||||||
20 | district is considering the annexation of the territory | ||||||
21 | specified. The notice shall also state the date, time and | ||||||
22 | place of the public hearing. The annexing district shall cause | ||||||
23 | to be delivered to each owner of a parcel of land which is 5 or | ||||||
24 | more acres, which land is proposed to be annexed in whole or in | ||||||
25 | part, a written notice containing the information required to |
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1 | be included in the published notice. The notice shall be | ||||||
2 | delivered by first class mail so that said notice arrives 30 | ||||||
3 | days in advance of the public hearing. The board of trustees of | ||||||
4 | the district shall give due consideration to all testimony. | ||||||
5 | For the purposes of this Section "property classified as | ||||||
6 | farmland" shall mean property classified as farmland for | ||||||
7 | assessment purposes pursuant to the Property Tax Code. This | ||||||
8 | Section shall not apply to any mass transit district in the | ||||||
9 | State which receives funding in whole or in part from the | ||||||
10 | Metropolitan Mobility Authority Regional Transportation | ||||||
11 | Authority or any of its service boards . | ||||||
12 | (Source: P.A. 88-670, eff. 12-2-94.) | ||||||
13 | (70 ILCS 3615/Act rep.) | ||||||
14 | Section 20.34. The Regional Transportation Authority Act | ||||||
15 | is repealed. | ||||||
16 | Section 20.35. The Water Commission Act of 1985 is amended | ||||||
17 | by changing Section 4 as follows: | ||||||
18 | (70 ILCS 3720/4) (from Ch. 111 2/3, par. 254) | ||||||
19 | Sec. 4. Taxes. | ||||||
20 | (a) The board of commissioners of any county water | ||||||
21 | commission may, by ordinance, impose throughout the territory | ||||||
22 | of the commission any or all of the taxes provided in this | ||||||
23 | Section for its corporate purposes. However, no county water |
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1 | commission may impose any such tax unless the commission | ||||||
2 | certifies the proposition of imposing the tax to the proper | ||||||
3 | election officials, who shall submit the proposition to the | ||||||
4 | voters residing in the territory at an election in accordance | ||||||
5 | with the general election law, and the proposition has been | ||||||
6 | approved by a majority of those voting on the proposition. | ||||||
7 | The proposition shall be in the form provided in Section 5 | ||||||
8 | or shall be substantially in the following form: | ||||||
9 | -------------
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10 | Shall the (insert corporate
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11 | name of county water commission) YES
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12 | impose (state type of tax or ------------------------
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13 | taxes to be imposed) at the NO
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14 | rate of 1/4%?
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15 | ------------------------------------------------------------- | ||||||
16 | Taxes imposed under this Section and civil penalties | ||||||
17 | imposed incident thereto shall be collected and enforced by | ||||||
18 | the State Department of Revenue. The Department shall have the | ||||||
19 | power to administer and enforce the taxes and to determine all | ||||||
20 | rights for refunds for erroneous payments of the taxes. | ||||||
21 | (b) The board of commissioners may impose a County Water | ||||||
22 | Commission Retailers' Occupation Tax upon all persons engaged | ||||||
23 | in the business of selling tangible personal property at | ||||||
24 | retail in the territory of the commission at a rate of 1/4% of | ||||||
25 | the gross receipts from the sales made in the course of such | ||||||
26 | business within the territory. Beginning January 1, 2021, this |
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1 | tax is not imposed on sales of aviation fuel for so long as the | ||||||
2 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
3 | 47133 are binding on the District. | ||||||
4 | The tax imposed under this paragraph and all civil | ||||||
5 | penalties that may be assessed as an incident thereof shall be | ||||||
6 | collected and enforced by the State Department of Revenue. The | ||||||
7 | Department shall have full power to administer and enforce | ||||||
8 | this paragraph; to collect all taxes and penalties due | ||||||
9 | hereunder; to dispose of taxes and penalties so collected in | ||||||
10 | the manner hereinafter provided; and to determine all rights | ||||||
11 | to credit memoranda arising on account of the erroneous | ||||||
12 | payment of tax or penalty hereunder. In the administration of, | ||||||
13 | and compliance with, this paragraph, the Department and | ||||||
14 | persons who are subject to this paragraph shall have the same | ||||||
15 | rights, remedies, privileges, immunities, powers and duties, | ||||||
16 | and be subject to the same conditions, restrictions, | ||||||
17 | limitations, penalties, exclusions, exemptions and definitions | ||||||
18 | of terms, and employ the same modes of procedure, as are | ||||||
19 | prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 | ||||||
20 | through 2-65 (in respect to all provisions therein other than | ||||||
21 | the State rate of tax except that tangible personal property | ||||||
22 | taxed at the 1% rate under the Retailers' Occupation Tax Act | ||||||
23 | shall not be subject to tax hereunder), 2c, 3 (except as to the | ||||||
24 | disposition of taxes and penalties collected, and except that | ||||||
25 | the retailer's discount is not allowed for taxes paid on | ||||||
26 | aviation fuel sold on or after December 1, 2019 and through |
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1 | December 31, 2020), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, | ||||||
2 | 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of | ||||||
3 | the Retailers' Occupation Tax Act and Section 3-7 of the | ||||||
4 | Uniform Penalty and Interest Act, as fully as if those | ||||||
5 | provisions were set forth herein. | ||||||
6 | Persons subject to any tax imposed under the authority | ||||||
7 | granted in this paragraph may reimburse themselves for their | ||||||
8 | seller's tax liability hereunder by separately stating the tax | ||||||
9 | as an additional charge, which charge may be stated in | ||||||
10 | combination, in a single amount, with State taxes that sellers | ||||||
11 | are required to collect under the Use Tax Act and under | ||||||
12 | subsection (e) of Section 6.02 4.03 of the Metropolitan | ||||||
13 | Mobility Regional Transportation Authority Act, in accordance | ||||||
14 | with such bracket schedules as the Department may prescribe. | ||||||
15 | Whenever the Department determines that a refund should be | ||||||
16 | made under this paragraph to a claimant instead of issuing a | ||||||
17 | credit memorandum, the Department shall notify the State | ||||||
18 | Comptroller, who shall cause the warrant to be drawn for the | ||||||
19 | amount specified, and to the person named, in the notification | ||||||
20 | from the Department. The refund shall be paid by the State | ||||||
21 | Treasurer out of a county water commission tax fund | ||||||
22 | established under subsection (g) of this Section. | ||||||
23 | For the purpose of determining whether a tax authorized | ||||||
24 | under this paragraph is applicable, a retail sale by a | ||||||
25 | producer of coal or other mineral mined in Illinois is a sale | ||||||
26 | at retail at the place where the coal or other mineral mined in |
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1 | Illinois is extracted from the earth. This paragraph does not | ||||||
2 | apply to coal or other mineral when it is delivered or shipped | ||||||
3 | by the seller to the purchaser at a point outside Illinois so | ||||||
4 | that the sale is exempt under the Federal Constitution as a | ||||||
5 | sale in interstate or foreign commerce. | ||||||
6 | If a tax is imposed under this subsection (b), a tax shall | ||||||
7 | also be imposed under subsections (c) and (d) of this Section. | ||||||
8 | No tax shall be imposed or collected under this subsection | ||||||
9 | on the sale of a motor vehicle in this State to a resident of | ||||||
10 | another state if that motor vehicle will not be titled in this | ||||||
11 | State. | ||||||
12 | Nothing in this paragraph shall be construed to authorize | ||||||
13 | a county water commission to impose a tax upon the privilege of | ||||||
14 | engaging in any business which under the Constitution of the | ||||||
15 | United States may not be made the subject of taxation by this | ||||||
16 | State. | ||||||
17 | (c) If a tax has been imposed under subsection (b), a | ||||||
18 | County Water Commission Service Occupation Tax shall also be | ||||||
19 | imposed upon all persons engaged, in the territory of the | ||||||
20 | commission, in the business of making sales of service, who, | ||||||
21 | as an incident to making the sales of service, transfer | ||||||
22 | tangible personal property within the territory. The tax rate | ||||||
23 | shall be 1/4% of the selling price of tangible personal | ||||||
24 | property so transferred within the territory. Beginning | ||||||
25 | January 1, 2021, this tax is not imposed on sales of aviation | ||||||
26 | fuel for so long as the revenue use requirements of 49 U.S.C. |
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| |||||||
1 | 47107(b) and 49 U.S.C. 47133 are binding on the District. | ||||||
2 | The tax imposed under this paragraph and all civil | ||||||
3 | penalties that may be assessed as an incident thereof shall be | ||||||
4 | collected and enforced by the State Department of Revenue. The | ||||||
5 | Department shall have full power to administer and enforce | ||||||
6 | this paragraph; to collect all taxes and penalties due | ||||||
7 | hereunder; to dispose of taxes and penalties so collected in | ||||||
8 | the manner hereinafter provided; and to determine all rights | ||||||
9 | to credit memoranda arising on account of the erroneous | ||||||
10 | payment of tax or penalty hereunder. In the administration of, | ||||||
11 | and compliance with, this paragraph, the Department and | ||||||
12 | persons who are subject to this paragraph shall have the same | ||||||
13 | rights, remedies, privileges, immunities, powers and duties, | ||||||
14 | and be subject to the same conditions, restrictions, | ||||||
15 | limitations, penalties, exclusions, exemptions and definitions | ||||||
16 | of terms, and employ the same modes of procedure, as are | ||||||
17 | prescribed in Sections 1a-1, 2 (except that the reference to | ||||||
18 | State in the definition of supplier maintaining a place of | ||||||
19 | business in this State shall mean the territory of the | ||||||
20 | commission), 2a, 3 through 3-50 (in respect to all provisions | ||||||
21 | therein other than the State rate of tax except that tangible | ||||||
22 | personal property taxed at the 1% rate under the Service | ||||||
23 | Occupation Tax Act shall not be subject to tax hereunder), 4 | ||||||
24 | (except that the reference to the State shall be to the | ||||||
25 | territory of the commission), 5, 7, 8 (except that the | ||||||
26 | jurisdiction to which the tax shall be a debt to the extent |
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| |||||||
1 | indicated in that Section 8 shall be the commission), 9 | ||||||
2 | (except as to the disposition of taxes and penalties collected | ||||||
3 | and except that the returned merchandise credit for this tax | ||||||
4 | may not be taken against any State tax, and except that the | ||||||
5 | retailer's discount is not allowed for taxes paid on aviation | ||||||
6 | fuel sold on or after December 1, 2019 and through December 31, | ||||||
7 | 2020), 10, 11, 12 (except the reference therein to Section 2b | ||||||
8 | of the Retailers' Occupation Tax Act), 13 (except that any | ||||||
9 | reference to the State shall mean the territory of the | ||||||
10 | commission), the first paragraph of Section 15, 15.5, 16, 17, | ||||||
11 | 18, 19, and 20 of the Service Occupation Tax Act as fully as if | ||||||
12 | those provisions were set forth herein. | ||||||
13 | Persons subject to any tax imposed under the authority | ||||||
14 | granted in this paragraph may reimburse themselves for their | ||||||
15 | serviceman's tax liability hereunder by separately stating the | ||||||
16 | tax as an additional charge, which charge may be stated in | ||||||
17 | combination, in a single amount, with State tax that | ||||||
18 | servicemen are authorized to collect under the Service Use Tax | ||||||
19 | Act, and any tax for which servicemen may be liable under | ||||||
20 | subsection (m) of Section 6.02 (f) of Section 4.03 of the | ||||||
21 | Metropolitan Mobility Regional Transportation Authority Act, | ||||||
22 | in accordance with such bracket schedules as the Department | ||||||
23 | may prescribe. | ||||||
24 | Whenever the Department determines that a refund should be | ||||||
25 | made under this paragraph to a claimant instead of issuing a | ||||||
26 | credit memorandum, the Department shall notify the State |
| |||||||
| |||||||
1 | Comptroller, who shall cause the warrant to be drawn for the | ||||||
2 | amount specified, and to the person named, in the notification | ||||||
3 | from the Department. The refund shall be paid by the State | ||||||
4 | Treasurer out of a county water commission tax fund | ||||||
5 | established under subsection (g) of this Section. | ||||||
6 | Nothing in this paragraph shall be construed to authorize | ||||||
7 | a county water commission to impose a tax upon the privilege of | ||||||
8 | engaging in any business which under the Constitution of the | ||||||
9 | United States may not be made the subject of taxation by the | ||||||
10 | State. | ||||||
11 | (d) If a tax has been imposed under subsection (b), a tax | ||||||
12 | shall also be imposed upon the privilege of using, in the | ||||||
13 | territory of the commission, any item of tangible personal | ||||||
14 | property that is purchased outside the territory at retail | ||||||
15 | from a retailer, and that is titled or registered with an | ||||||
16 | agency of this State's government, at a rate of 1/4% of the | ||||||
17 | selling price of the tangible personal property within the | ||||||
18 | territory, as "selling price" is defined in the Use Tax Act. | ||||||
19 | The tax shall be collected from persons whose Illinois address | ||||||
20 | for titling or registration purposes is given as being in the | ||||||
21 | territory. The tax shall be collected by the Department of | ||||||
22 | Revenue for a county water commission. The tax must be paid to | ||||||
23 | the State, or an exemption determination must be obtained from | ||||||
24 | the Department of Revenue, before the title or certificate of | ||||||
25 | registration for the property may be issued. The tax or proof | ||||||
26 | of exemption may be transmitted to the Department by way of the |
| |||||||
| |||||||
1 | State agency with which, or the State officer with whom, the | ||||||
2 | tangible personal property must be titled or registered if the | ||||||
3 | Department and the State agency or State officer determine | ||||||
4 | that this procedure will expedite the processing of | ||||||
5 | applications for title or registration. | ||||||
6 | The Department shall have full power to administer and | ||||||
7 | enforce this paragraph; to collect all taxes, penalties, and | ||||||
8 | interest due hereunder; to dispose of taxes, penalties, and | ||||||
9 | interest so collected in the manner hereinafter provided; and | ||||||
10 | to determine all rights to credit memoranda or refunds arising | ||||||
11 | on account of the erroneous payment of tax, penalty, or | ||||||
12 | interest hereunder. In the administration of and compliance | ||||||
13 | with this paragraph, the Department and persons who are | ||||||
14 | subject to this paragraph shall have the same rights, | ||||||
15 | remedies, privileges, immunities, powers, and duties, and be | ||||||
16 | subject to the same conditions, restrictions, limitations, | ||||||
17 | penalties, exclusions, exemptions, and definitions of terms | ||||||
18 | and employ the same modes of procedure, as are prescribed in | ||||||
19 | Sections 2 (except the definition of "retailer maintaining a | ||||||
20 | place of business in this State"), 3 through 3-80 (except | ||||||
21 | provisions pertaining to the State rate of tax, and except | ||||||
22 | provisions concerning collection or refunding of the tax by | ||||||
23 | retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions | ||||||
24 | pertaining to claims by retailers and except the last | ||||||
25 | paragraph concerning refunds), 20, 21, and 22 of the Use Tax | ||||||
26 | Act and Section 3-7 of the Uniform Penalty and Interest Act |
| |||||||
| |||||||
1 | that are not inconsistent with this paragraph, as fully as if | ||||||
2 | those provisions were set forth herein. | ||||||
3 | Whenever the Department determines that a refund should be | ||||||
4 | made under this paragraph to a claimant instead of issuing a | ||||||
5 | credit memorandum, the Department shall notify the State | ||||||
6 | Comptroller, who shall cause the order to be drawn for the | ||||||
7 | amount specified, and to the person named, in the notification | ||||||
8 | from the Department. The refund shall be paid by the State | ||||||
9 | Treasurer out of a county water commission tax fund | ||||||
10 | established under subsection (g) of this Section. | ||||||
11 | (e) A certificate of registration issued by the State | ||||||
12 | Department of Revenue to a retailer under the Retailers' | ||||||
13 | Occupation Tax Act or under the Service Occupation Tax Act | ||||||
14 | shall permit the registrant to engage in a business that is | ||||||
15 | taxed under the tax imposed under subsection (b), (c), or (d) | ||||||
16 | of this Section and no additional registration shall be | ||||||
17 | required under the tax. A certificate issued under the Use Tax | ||||||
18 | Act or the Service Use Tax Act shall be applicable with regard | ||||||
19 | to any tax imposed under subsection (c) of this Section. | ||||||
20 | (f) Any ordinance imposing or discontinuing any tax under | ||||||
21 | this Section shall be adopted and a certified copy thereof | ||||||
22 | filed with the Department on or before June 1, whereupon the | ||||||
23 | Department of Revenue shall proceed to administer and enforce | ||||||
24 | this Section on behalf of the county water commission as of | ||||||
25 | September 1 next following the adoption and filing. Beginning | ||||||
26 | January 1, 1992, an ordinance or resolution imposing or |
| |||||||
| |||||||
1 | discontinuing the tax hereunder shall be adopted and a | ||||||
2 | certified copy thereof filed with the Department on or before | ||||||
3 | the first day of July, whereupon the Department shall proceed | ||||||
4 | to administer and enforce this Section as of the first day of | ||||||
5 | October next following such adoption and filing. Beginning | ||||||
6 | January 1, 1993, an ordinance or resolution imposing or | ||||||
7 | discontinuing the tax hereunder shall be adopted and a | ||||||
8 | certified copy thereof filed with the Department on or before | ||||||
9 | the first day of October, whereupon the Department shall | ||||||
10 | proceed to administer and enforce this Section as of the first | ||||||
11 | day of January next following such adoption and filing. | ||||||
12 | (g) The State Department of Revenue shall, upon collecting | ||||||
13 | any taxes as provided in this Section, pay the taxes over to | ||||||
14 | the State Treasurer as trustee for the commission. The taxes | ||||||
15 | shall be held in a trust fund outside the State treasury | ||||||
16 | Treasury . | ||||||
17 | As soon as possible after the first day of each month, | ||||||
18 | beginning January 1, 2011, upon certification of the | ||||||
19 | Department of Revenue, the Comptroller shall order | ||||||
20 | transferred, and the Treasurer shall transfer, to the STAR | ||||||
21 | Bonds Revenue Fund the local sales tax increment, as defined | ||||||
22 | in the Innovation Development and Economy Act, collected under | ||||||
23 | this Section during the second preceding calendar month for | ||||||
24 | sales within a STAR bond district. | ||||||
25 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
26 | on or before the 25th day of each calendar month, the State |
| |||||||
| |||||||
1 | Department of Revenue shall prepare and certify to the | ||||||
2 | Comptroller of the State of Illinois the amount to be paid to | ||||||
3 | the commission, which shall be the amount (not including | ||||||
4 | credit memoranda) collected under this Section during the | ||||||
5 | second preceding calendar month by the Department plus an | ||||||
6 | amount the Department determines is necessary to offset any | ||||||
7 | amounts that were erroneously paid to a different taxing body, | ||||||
8 | and not including any amount equal to the amount of refunds | ||||||
9 | made during the second preceding calendar month by the | ||||||
10 | Department on behalf of the commission, and not including any | ||||||
11 | amount that the Department determines is necessary to offset | ||||||
12 | any amounts that were payable to a different taxing body but | ||||||
13 | were erroneously paid to the commission, and less any amounts | ||||||
14 | that are transferred to the STAR Bonds Revenue Fund, less 1.5% | ||||||
15 | of the remainder, which shall be transferred into the Tax | ||||||
16 | Compliance and Administration Fund. The Department, at the | ||||||
17 | time of each monthly disbursement to the commission, shall | ||||||
18 | prepare and certify to the State Comptroller the amount to be | ||||||
19 | transferred into the Tax Compliance and Administration Fund | ||||||
20 | under this subsection. Within 10 days after receipt by the | ||||||
21 | Comptroller of the certification of the amount to be paid to | ||||||
22 | the commission and the Tax Compliance and Administration Fund, | ||||||
23 | the Comptroller shall cause an order to be drawn for the | ||||||
24 | payment for the amount in accordance with the direction in the | ||||||
25 | certification. | ||||||
26 | (h) Beginning June 1, 2016, any tax imposed pursuant to |
| |||||||
| |||||||
1 | this Section may no longer be imposed or collected, unless a | ||||||
2 | continuation of the tax is approved by the voters at a | ||||||
3 | referendum as set forth in this Section. | ||||||
4 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
5 | 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, eff. | ||||||
6 | 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19.) | ||||||
7 | Section 20.36. The School Code is amended by changing | ||||||
8 | Sections 29-5 and 34-4 as follows: | ||||||
9 | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) | ||||||
10 | Sec. 29-5. Reimbursement by State for transportation. Any | ||||||
11 | school district, maintaining a school, transporting resident | ||||||
12 | pupils to another school district's vocational program, | ||||||
13 | offered through a joint agreement approved by the State Board | ||||||
14 | of Education, as provided in Section 10-22.22 or transporting | ||||||
15 | its resident pupils to a school which meets the standards for | ||||||
16 | recognition as established by the State Board of Education | ||||||
17 | which provides transportation meeting the standards of safety, | ||||||
18 | comfort, convenience, efficiency and operation prescribed by | ||||||
19 | the State Board of Education for resident pupils in | ||||||
20 | kindergarten or any of grades 1 through 12 who: (a) reside at | ||||||
21 | least 1 1/2 miles as measured by the customary route of travel, | ||||||
22 | from the school attended; or (b) reside in areas where | ||||||
23 | conditions are such that walking constitutes a hazard to the | ||||||
24 | safety of the child when determined under Section 29-3; and |
| |||||||
| |||||||
1 | (c) are transported to the school attended from pick-up points | ||||||
2 | at the beginning of the school day and back again at the close | ||||||
3 | of the school day or transported to and from their assigned | ||||||
4 | attendance centers during the school day, shall be reimbursed | ||||||
5 | by the State as hereinafter provided in this Section. | ||||||
6 | The State will pay the prorated allowable cost of | ||||||
7 | transporting eligible pupils less the real equalized assessed | ||||||
8 | valuation as computed under paragraph (3) of subsection (d) of | ||||||
9 | Section 18-8.15 in a dual school district maintaining | ||||||
10 | secondary grades 9 to 12 inclusive times a qualifying rate of | ||||||
11 | .05%; in elementary school districts maintaining grades K to 8 | ||||||
12 | times a qualifying rate of .06%; and in unit districts | ||||||
13 | maintaining grades K to 12, including partial elementary unit | ||||||
14 | districts formed pursuant to Article 11E, times a qualifying | ||||||
15 | rate of .07%. To be eligible to receive reimbursement in | ||||||
16 | excess of 4/5 of the cost to transport eligible pupils, a | ||||||
17 | school district or partial elementary unit district formed | ||||||
18 | pursuant to Article 11E shall have a Transportation Fund tax | ||||||
19 | rate of at least .12%. The Transportation Fund tax rate for a | ||||||
20 | partial elementary unit district formed pursuant Article 11E | ||||||
21 | shall be the combined elementary and high school rates | ||||||
22 | pursuant to paragraph (4) of subsection (a) of Section | ||||||
23 | 18-8.15. If a school district or partial elementary unit | ||||||
24 | district formed pursuant to Article 11E does not have a .12% | ||||||
25 | Transportation Fund tax rate, the amount of its claim in | ||||||
26 | excess of 4/5 of the cost of transporting pupils shall be |
| |||||||
| |||||||
1 | reduced by the sum arrived at by subtracting the | ||||||
2 | Transportation Fund tax rate from .12% and multiplying that | ||||||
3 | amount by the district's real equalized assessed valuation as | ||||||
4 | computed under paragraph (3) of subsection (d) of Section | ||||||
5 | 18-8.15, provided that in no case shall said reduction result | ||||||
6 | in reimbursement of less than 4/5 of the cost to transport | ||||||
7 | eligible pupils. | ||||||
8 | The minimum amount to be received by a district is $16 | ||||||
9 | times the number of eligible pupils transported. | ||||||
10 | When calculating the reimbursement for transportation | ||||||
11 | costs, the State Board of Education may not deduct the number | ||||||
12 | of pupils enrolled in early education programs from the number | ||||||
13 | of pupils eligible for reimbursement if the pupils enrolled in | ||||||
14 | the early education programs are transported at the same time | ||||||
15 | as other eligible pupils. | ||||||
16 | Any such district transporting resident pupils during the | ||||||
17 | school day to an area vocational school or another school | ||||||
18 | district's vocational program more than 1 1/2 miles from the | ||||||
19 | school attended, as provided in Sections 10-22.20a and | ||||||
20 | 10-22.22, shall be reimbursed by the State for 4/5 of the cost | ||||||
21 | of transporting eligible pupils. | ||||||
22 | School day means that period of time during which the | ||||||
23 | pupil is required to be in attendance for instructional | ||||||
24 | purposes. | ||||||
25 | If a pupil is at a location within the school district | ||||||
26 | other than his residence for child care purposes at the time |
| |||||||
| |||||||
1 | for transportation to school, that location may be considered | ||||||
2 | for purposes of determining the 1 1/2 miles from the school | ||||||
3 | attended. | ||||||
4 | Claims for reimbursement that include children who attend | ||||||
5 | any school other than a public school shall show the number of | ||||||
6 | such children transported. | ||||||
7 | Claims for reimbursement under this Section shall not be | ||||||
8 | paid for the transportation of pupils for whom transportation | ||||||
9 | costs are claimed for payment under other Sections of this | ||||||
10 | Act. | ||||||
11 | The allowable direct cost of transporting pupils for | ||||||
12 | regular, vocational, and special education pupil | ||||||
13 | transportation shall be limited to the sum of the cost of | ||||||
14 | physical examinations required for employment as a school bus | ||||||
15 | driver; the salaries of full-time or part-time drivers and | ||||||
16 | school bus maintenance personnel; employee benefits excluding | ||||||
17 | Illinois municipal retirement payments, social security | ||||||
18 | payments, unemployment insurance payments and workers' | ||||||
19 | compensation insurance premiums; expenditures to independent | ||||||
20 | carriers who operate school buses; payments to other school | ||||||
21 | districts for pupil transportation services; pre-approved | ||||||
22 | contractual expenditures for computerized bus scheduling; | ||||||
23 | expenditures for housing assistance and homeless prevention | ||||||
24 | under Sections 1-17 and 1-18 of the Education for Homeless | ||||||
25 | Children Act that are not in excess of the school district's | ||||||
26 | actual costs for providing transportation services and are not |
| |||||||
| |||||||
1 | otherwise claimed in another State or federal grant that | ||||||
2 | permits those costs to a parent, a legal guardian, any other | ||||||
3 | person who enrolled a pupil, or a homeless assistance agency | ||||||
4 | that is part of the federal McKinney-Vento Homeless Assistance | ||||||
5 | Act's continuum of care for the area in which the district is | ||||||
6 | located; the cost of gasoline, oil, tires, and other supplies | ||||||
7 | necessary for the operation of school buses; the cost of | ||||||
8 | converting buses' gasoline engines to more fuel efficient | ||||||
9 | engines or to engines which use alternative energy sources; | ||||||
10 | the cost of travel to meetings and workshops conducted by the | ||||||
11 | regional superintendent or the State Superintendent of | ||||||
12 | Education pursuant to the standards established by the | ||||||
13 | Secretary of State under Section 6-106 of the Illinois Vehicle | ||||||
14 | Code to improve the driving skills of school bus drivers; the | ||||||
15 | cost of maintenance of school buses including parts and | ||||||
16 | materials used; expenditures for leasing transportation | ||||||
17 | vehicles, except interest and service charges; the cost of | ||||||
18 | insurance and licenses for transportation vehicles; | ||||||
19 | expenditures for the rental of transportation equipment; plus | ||||||
20 | a depreciation allowance of 20% for 5 years for school buses | ||||||
21 | and vehicles approved for transporting pupils to and from | ||||||
22 | school and a depreciation allowance of 10% for 10 years for | ||||||
23 | other transportation equipment so used. Each school year, if a | ||||||
24 | school district has made expenditures to the Metropolitan | ||||||
25 | Mobility Authority Regional Transportation Authority or any of | ||||||
26 | its service boards , a mass transit district, or an urban |
| |||||||
| |||||||
1 | transportation district under an intergovernmental agreement | ||||||
2 | with the district to provide for the transportation of pupils | ||||||
3 | and if the public transit carrier received direct payment for | ||||||
4 | services or passes from a school district within its service | ||||||
5 | area during the 2000-2001 school year, then the allowable | ||||||
6 | direct cost of transporting pupils for regular, vocational, | ||||||
7 | and special education pupil transportation shall also include | ||||||
8 | the expenditures that the district has made to the public | ||||||
9 | transit carrier. In addition to the above allowable costs, | ||||||
10 | school districts shall also claim all transportation | ||||||
11 | supervisory salary costs, including Illinois municipal | ||||||
12 | retirement payments, and all transportation related building | ||||||
13 | and building maintenance costs without limitation. | ||||||
14 | Special education allowable costs shall also include | ||||||
15 | expenditures for the salaries of attendants or aides for that | ||||||
16 | portion of the time they assist special education pupils while | ||||||
17 | in transit and expenditures for parents and public carriers | ||||||
18 | for transporting special education pupils when pre-approved by | ||||||
19 | the State Superintendent of Education. | ||||||
20 | Indirect costs shall be included in the reimbursement | ||||||
21 | claim for districts which own and operate their own school | ||||||
22 | buses. Such indirect costs shall include administrative costs, | ||||||
23 | or any costs attributable to transporting pupils from their | ||||||
24 | attendance centers to another school building for | ||||||
25 | instructional purposes. No school district which owns and | ||||||
26 | operates its own school buses may claim reimbursement for |
| |||||||
| |||||||
1 | indirect costs which exceed 5% of the total allowable direct | ||||||
2 | costs for pupil transportation. | ||||||
3 | The State Board of Education shall prescribe uniform | ||||||
4 | regulations for determining the above standards and shall | ||||||
5 | prescribe forms of cost accounting and standards of | ||||||
6 | determining reasonable depreciation. Such depreciation shall | ||||||
7 | include the cost of equipping school buses with the safety | ||||||
8 | features required by law or by the rules, regulations and | ||||||
9 | standards promulgated by the State Board of Education, and the | ||||||
10 | Department of Transportation for the safety and construction | ||||||
11 | of school buses provided, however, any equipment cost | ||||||
12 | reimbursed by the Department of Transportation for equipping | ||||||
13 | school buses with such safety equipment shall be deducted from | ||||||
14 | the allowable cost in the computation of reimbursement under | ||||||
15 | this Section in the same percentage as the cost of the | ||||||
16 | equipment is depreciated. | ||||||
17 | On or before August 15, annually, the chief school | ||||||
18 | administrator for the district shall certify to the State | ||||||
19 | Superintendent of Education the district's claim for | ||||||
20 | reimbursement for the school year ending on June 30 next | ||||||
21 | preceding. The State Superintendent of Education shall check | ||||||
22 | and approve the claims and prepare the vouchers showing the | ||||||
23 | amounts due for district reimbursement claims. Each fiscal | ||||||
24 | year, the State Superintendent of Education shall prepare and | ||||||
25 | transmit the first 3 vouchers to the Comptroller on the 30th | ||||||
26 | day of September, December and March, respectively, and the |
| |||||||
| |||||||
1 | final voucher, no later than June 20. | ||||||
2 | If the amount appropriated for transportation | ||||||
3 | reimbursement is insufficient to fund total claims for any | ||||||
4 | fiscal year, the State Board of Education shall reduce each | ||||||
5 | school district's allowable costs and flat grant amount | ||||||
6 | proportionately to make total adjusted claims equal the total | ||||||
7 | amount appropriated. | ||||||
8 | For purposes of calculating claims for reimbursement under | ||||||
9 | this Section for any school year beginning July 1, 2016, the | ||||||
10 | equalized assessed valuation for a school district or partial | ||||||
11 | elementary unit district formed pursuant to Article 11E used | ||||||
12 | to compute reimbursement shall be the real equalized assessed | ||||||
13 | valuation as computed under paragraph (3) of subsection (d) of | ||||||
14 | Section 18-8.15. | ||||||
15 | All reimbursements received from the State shall be | ||||||
16 | deposited into the district's transportation fund or into the | ||||||
17 | fund from which the allowable expenditures were made. | ||||||
18 | Notwithstanding any other provision of law, any school | ||||||
19 | district receiving a payment under this Section or under | ||||||
20 | Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may | ||||||
21 | classify all or a portion of the funds that it receives in a | ||||||
22 | particular fiscal year or from State aid pursuant to Section | ||||||
23 | 18-8.15 of this Code as funds received in connection with any | ||||||
24 | funding program for which it is entitled to receive funds from | ||||||
25 | the State in that fiscal year (including, without limitation, | ||||||
26 | any funding program referenced in this Section), regardless of |
| |||||||
| |||||||
1 | the source or timing of the receipt. The district may not | ||||||
2 | classify more funds as funds received in connection with the | ||||||
3 | funding program than the district is entitled to receive in | ||||||
4 | that fiscal year for that program. Any classification by a | ||||||
5 | district must be made by a resolution of its board of | ||||||
6 | education. The resolution must identify the amount of any | ||||||
7 | payments or general State aid to be classified under this | ||||||
8 | paragraph and must specify the funding program to which the | ||||||
9 | funds are to be treated as received in connection therewith. | ||||||
10 | This resolution is controlling as to the classification of | ||||||
11 | funds referenced therein. A certified copy of the resolution | ||||||
12 | must be sent to the State Superintendent of Education. The | ||||||
13 | resolution shall still take effect even though a copy of the | ||||||
14 | resolution has not been sent to the State Superintendent of | ||||||
15 | Education in a timely manner. No classification under this | ||||||
16 | paragraph by a district shall affect the total amount or | ||||||
17 | timing of money the district is entitled to receive under this | ||||||
18 | Code. No classification under this paragraph by a district | ||||||
19 | shall in any way relieve the district from or affect any | ||||||
20 | requirements that otherwise would apply with respect to that | ||||||
21 | funding program, including any accounting of funds by source, | ||||||
22 | reporting expenditures by original source and purpose, | ||||||
23 | reporting requirements, or requirements of providing services. | ||||||
24 | Any school district with a population of not more than | ||||||
25 | 500,000 must deposit all funds received under this Article | ||||||
26 | into the transportation fund and use those funds for the |
| |||||||
| |||||||
1 | provision of transportation services. | ||||||
2 | (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) | ||||||
3 | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4) | ||||||
4 | Sec. 34-4. Eligibility. To be eligible for election or | ||||||
5 | appointment to the Board, a person shall be a citizen of the | ||||||
6 | United States, shall be a registered voter as provided in the | ||||||
7 | Election Code, shall have been, for a period of one year | ||||||
8 | immediately before election or appointment, a resident of the | ||||||
9 | city, district, and subdistrict that the member represents, | ||||||
10 | and shall not be a child sex offender as defined in Section | ||||||
11 | 11-9.3 of the Criminal Code of 2012. A person is ineligible for | ||||||
12 | election or appointment to the Board if that person is not in | ||||||
13 | compliance with the provisions of Section 10-9 as referenced | ||||||
14 | in Section 34-3. For the 2024 general election, all persons | ||||||
15 | eligible for election to the Board shall be nominated by a | ||||||
16 | petition signed by at least 1,000 but not more than 3,000 of | ||||||
17 | the voters residing within the electoral district on a | ||||||
18 | petition in order to be placed on the ballot. For the 2026 | ||||||
19 | general election and general elections thereafter, persons | ||||||
20 | eligible for election to the Board shall be nominated by a | ||||||
21 | petition signed by at least 500 but no more than 1,500 voters | ||||||
22 | residing within the subdistrict on a petition in order to be | ||||||
23 | placed on the ballot, except that persons eligible for | ||||||
24 | election to the Board at large shall be nominated by a petition | ||||||
25 | signed by no less than 2,500 voters residing within the city. |
| |||||||
| |||||||
1 | Any registered voter may sign a nominating petition, | ||||||
2 | irrespective of any partisan petition the voter signs or may | ||||||
3 | sign. For the 2024 general election only, the petition | ||||||
4 | circulation period shall begin on March 26, 2024, and the | ||||||
5 | filing period shall be from June 17, 2024 to June 24, 2024. | ||||||
6 | Permanent removal from the city by any member of the Board | ||||||
7 | during the member's term of office constitutes a resignation | ||||||
8 | therefrom and creates a vacancy in the Board. Board members | ||||||
9 | shall serve without any compensation; however, members of the | ||||||
10 | Board shall be reimbursed for expenses incurred while in the | ||||||
11 | performance of their duties upon submission of proper receipts | ||||||
12 | or upon submission of a signed voucher in the case of an | ||||||
13 | expense allowance evidencing the amount of such reimbursement | ||||||
14 | or allowance to the President of the Board for verification | ||||||
15 | and approval. Board members shall not hold other public office | ||||||
16 | under the Federal, State or any local government other than | ||||||
17 | that of Director of the Metropolitan Mobility Regional | ||||||
18 | Transportation Authority, member of the economic development | ||||||
19 | commission of a city having a population exceeding 500,000, | ||||||
20 | notary public or member of the National Guard, and by | ||||||
21 | accepting any such office while members of the Board, or by not | ||||||
22 | resigning any such office held at the time of being elected or | ||||||
23 | appointed to the Board within 30 days after such election or | ||||||
24 | appointment, shall be deemed to have vacated their membership | ||||||
25 | in the Board. | ||||||
26 | (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; |
| |||||||
| |||||||
1 | 103-584, eff. 3-18-24.) | ||||||
2 | Section 20.37. The Public Utilities Act is amended by | ||||||
3 | changing Section 4-302 and by adding Sections 8-106 and 8-107 | ||||||
4 | as follows: | ||||||
5 | (220 ILCS 5/4-302) (from Ch. 111 2/3, par. 4-302) | ||||||
6 | Sec. 4-302. The Commission shall cooperate with the | ||||||
7 | Metropolitan Mobility Regional Transportation Authority | ||||||
8 | created pursuant to the Metropolitan Mobility "Regional | ||||||
9 | Transportation Authority Act ", enacted by the 78th General | ||||||
10 | Assembly, in the exercise of the powers of the Authority as | ||||||
11 | provided in that Act. | ||||||
12 | Transportation agencies Agencies which have any purchase | ||||||
13 | of service agreement with the Authority a Service Board as | ||||||
14 | provided in the Metropolitan Mobility "Regional Transportation | ||||||
15 | Authority Act " shall not be subject to this Act as to any | ||||||
16 | public transportation which is the subject of such agreement. | ||||||
17 | Any service and business exempted from this Act pursuant to | ||||||
18 | this Section shall not be considered "intrastate public | ||||||
19 | utility business" as defined in Section 3-120 of this Act. | ||||||
20 | No contract between any transportation agency | ||||||
21 | Transportation Agency and the Authority or a Service Board or | ||||||
22 | acquisition by the Authority or a Service Board of any | ||||||
23 | property, including property of a transportation agency | ||||||
24 | Transportation Agency pursuant to and as defined in the |
| |||||||
| |||||||
1 | Metropolitan Mobility Regional Transportation Authority Act, | ||||||
2 | shall, except as provided in such Act, be subject to the | ||||||
3 | supervision, regulation or approval of the Commission. | ||||||
4 | If the Metropolitan Mobility Authority determines In the | ||||||
5 | event a Service Board shall determine that any Public | ||||||
6 | Transportation service provided by any transportation agency | ||||||
7 | Transportation Agency with which that Authority Service Board | ||||||
8 | has a purchase of service agreement Purchase of Service | ||||||
9 | Agreement is not necessary for the public interest and shall | ||||||
10 | for that reason decline to enter into any Purchase of Service | ||||||
11 | Agreement for such particular service, all pursuant to and as | ||||||
12 | defined in such Metropolitan Mobility Regional Transportation | ||||||
13 | Authority Act, then the discontinuation of such service by | ||||||
14 | such transportation agency Transportation Agency shall not be | ||||||
15 | subject to the supervision, regulation or approval of the | ||||||
16 | Commission. | ||||||
17 | (Source: P.A. 84-617; 84-1025.) | ||||||
18 | (220 ILCS 5/8-106 new) | ||||||
19 | Sec. 8-106. Make-ready tariff. | ||||||
20 | (a) The purpose of this Section is to change the | ||||||
21 | Commission's practice of authorizing the electrical | ||||||
22 | distribution infrastructure located on the utility side of the | ||||||
23 | customer meter needed to charge electric vehicles on a | ||||||
24 | case-by-case basis to a practice of considering that | ||||||
25 | infrastructure and associated design, engineering, and |
| |||||||
| |||||||
1 | construction work as core utility business, treated the same | ||||||
2 | as other necessary distribution infrastructure authorized on | ||||||
3 | an ongoing basis in the electric utility's multi-year rate | ||||||
4 | plans. The Commission shall continue to require each electric | ||||||
5 | utility to provide an accurate and full accounting of all | ||||||
6 | expenses related to electrical distribution infrastructure as | ||||||
7 | it relates to this Section, and apply appropriate penalties to | ||||||
8 | the extent an electric utility is not accurately tracking all | ||||||
9 | expenses. | ||||||
10 | (b) For purposes of this Section, "electrical distribution | ||||||
11 | infrastructure" includes poles, vaults, service drops, | ||||||
12 | transformers, mounting pads, trenching, conduit, wire, cable, | ||||||
13 | meters, other equipment as necessary, and associated | ||||||
14 | engineering and civil construction work. | ||||||
15 | (c) Not later than the next multi-year rate case, each | ||||||
16 | electric utility shall propose a new tariff or rule that | ||||||
17 | authorizes each electric utility to design and deploy all | ||||||
18 | electrical distribution infrastructure on the utility side of | ||||||
19 | the customer's meter for all customers installing separate or | ||||||
20 | sub-metered infrastructure to support charging stations, other | ||||||
21 | than those in single-family residences. Each electric utility | ||||||
22 | shall recover its revenue requirement for this work through | ||||||
23 | periodic multi-year rate plan proceedings. In those | ||||||
24 | proceedings, the costs shall be treated like those costs | ||||||
25 | incurred for other necessary distribution infrastructure. The | ||||||
26 | new tariff shall replace the line extension rules currently |
| |||||||
| |||||||
1 | used for electric vehicle infrastructure as of the effective | ||||||
2 | date of the new tariff or rule and any customer allowances | ||||||
3 | established shall be based on the full useful life of the | ||||||
4 | electrical distribution infrastructure. The Commission may | ||||||
5 | revise the policy described in subsection (a) and this | ||||||
6 | subsection after the completion of the multi-year rate plan of | ||||||
7 | the electric utility following the one during which the | ||||||
8 | proposal was filed if a determination is made that a change in | ||||||
9 | the policy is necessary to ensure just and reasonable rates | ||||||
10 | for ratepayers. Moreover, electric utilities and combination | ||||||
11 | gas and electric utilities shall take reasonable efforts to | ||||||
12 | ensure that any infrastructure built pursuant this Section is | ||||||
13 | efficiently sized and operated. Such efforts include, but are | ||||||
14 | not necessarily limited to, considering customers' reasonably | ||||||
15 | foreseeable load management activities and deployments of | ||||||
16 | distributed energy resources. | ||||||
17 | (220 ILCS 5/8-107 new) | ||||||
18 | Sec. 8-107. Inclusive utility investment. | ||||||
19 | (a) The purpose of this Section is for the Commission to | ||||||
20 | require electric utilities to explore a new and complementary | ||||||
21 | mechanism for investments by the electric utility in the | ||||||
22 | electrical distribution infrastructure and equipment located | ||||||
23 | on the customer side of the meter that may be needed to charge | ||||||
24 | electric vehicles. Electrical distribution infrastructure that | ||||||
25 | may be needed on the customer side of the meter includes |
| |||||||
| |||||||
1 | wiring, panels, breaker panels, conduit up to the charger | ||||||
2 | itself and the electric vehicle charger. The new mechanism is | ||||||
3 | an inclusive utility investment with a site-specific recovery | ||||||
4 | mechanism described in subsection (b). The Commission shall | ||||||
5 | require each electric utility to explore this mechanism as an | ||||||
6 | option to complement other incentives offered (such as charger | ||||||
7 | rebates). | ||||||
8 | (b) Inclusive utility investment is seen by the United | ||||||
9 | States Environmental Protection Agency as a promising approach | ||||||
10 | to expanding access to cost-effective more comprehensive | ||||||
11 | efficiency and electrification upgrades for all utility | ||||||
12 | customers. Inclusive utility investment allows for | ||||||
13 | site-specific investments by the electric utility in | ||||||
14 | electrification measures on the customer side of the meter | ||||||
15 | with site-specific cost recovery through a fixed charge on the | ||||||
16 | utility bill of the customer at the metered location. The | ||||||
17 | fixed charge must be no more than the expected energy cost | ||||||
18 | savings resulting from a customer switching from an internal | ||||||
19 | combustion engine vehicle with associated fuel costs to an | ||||||
20 | electric vehicle with associated electric charging costs on an | ||||||
21 | annual basis, and the cost recovery term must be limited to no | ||||||
22 | more than the useful life of the charging equipment. The fixed | ||||||
23 | charge shall be calculated taking into account equipment, | ||||||
24 | installation, and administrative costs, and all available | ||||||
25 | rebates and incentives should be applied to reduce total | ||||||
26 | project costs. |
| |||||||
| |||||||
1 | (c) No later than December 1, 2024, each electric utility | ||||||
2 | shall file an advice letter and not later than June 1, 2025, | ||||||
3 | the Commission shall start a process to explore the | ||||||
4 | implementation of inclusive utility investments for investing | ||||||
5 | in the electrical distribution infrastructure on the customer | ||||||
6 | side of the meter, including electric vehicle chargers. For | ||||||
7 | this process, the Commission shall request each electric | ||||||
8 | utility to present a proposal with the estimation of the | ||||||
9 | investments needed. This estimation shall include the costs | ||||||
10 | and energy savings of all the customer-side electric vehicle | ||||||
11 | infrastructure and chargers at the customer's residence. The | ||||||
12 | proposal shall also include the calculation of the tariff | ||||||
13 | required for a cost recovery period equivalent to the warranty | ||||||
14 | of the charger and based on the description of inclusive | ||||||
15 | utility investment in subsection (b). The Commission shall | ||||||
16 | review the proposal as inclusive utility investments and | ||||||
17 | approve the charge proposed as a tariff in the customer's bill | ||||||
18 | ensuring customer protections. | ||||||
19 | Section 20.38. The Telecommunication Devices for the Deaf | ||||||
20 | Act is amended by changing Section 2 as follows: | ||||||
21 | (410 ILCS 55/2) (from Ch. 111 1/2, par. 4202) | ||||||
22 | Sec. 2. As used in this Act, unless the context otherwise | ||||||
23 | requires: | ||||||
24 | (a) "Telecommunication device for the deaf" means a |
| |||||||
| |||||||
1 | teletypewriter or other instrument for telecommunication in | ||||||
2 | which speaking or hearing is not required for communication. | ||||||
3 | (b) "Public Safety Agency" means any unit of local | ||||||
4 | government or special purpose district within the State which | ||||||
5 | has authority to provide firefighting, police, or other | ||||||
6 | emergency services. | ||||||
7 | (c) "Department" means the Department of Human Services. | ||||||
8 | (d) "Major public transportation site" means any airport | ||||||
9 | or railroad station in the State providing commercial rail or | ||||||
10 | airline service to the general public, that serves and is | ||||||
11 | located within 20 miles of a municipality with a population of | ||||||
12 | 25,000 or more, except for any facility under the jurisdiction | ||||||
13 | of the Metropolitan Mobility Authority Commuter Rail Division | ||||||
14 | created by the Regional Transportation Authority Act or the | ||||||
15 | Chicago Transit Authority created by the Metropolitan Transit | ||||||
16 | Authority Act . | ||||||
17 | (e) "General traveling public" are individuals making use | ||||||
18 | of the commercial rail and airline services which are provided | ||||||
19 | at major public transportation sites. | ||||||
20 | (Source: P.A. 89-507, eff. 7-1-97.) | ||||||
21 | Section 20.39. The Environmental Protection Act is amended | ||||||
22 | by changing Section 9.15 as follows: | ||||||
23 | (415 ILCS 5/9.15) | ||||||
24 | Sec. 9.15. Greenhouse gases. |
| |||||||
| |||||||
1 | (a) An air pollution construction permit shall not be | ||||||
2 | required due to emissions of greenhouse gases if the | ||||||
3 | equipment, site, or source is not subject to regulation, as | ||||||
4 | defined by 40 CFR 52.21, as now or hereafter amended, for | ||||||
5 | greenhouse gases or is otherwise not addressed in this Section | ||||||
6 | or by the Board in regulations for greenhouse gases. These | ||||||
7 | exemptions do not relieve an owner or operator from the | ||||||
8 | obligation to comply with other applicable rules or | ||||||
9 | regulations. | ||||||
10 | (b) An air pollution operating permit shall not be | ||||||
11 | required due to emissions of greenhouse gases if the | ||||||
12 | equipment, site, or source is not subject to regulation, as | ||||||
13 | defined by Section 39.5 of this Act, for greenhouse gases or is | ||||||
14 | otherwise not addressed in this Section or by the Board in | ||||||
15 | regulations for greenhouse gases. These exemptions do not | ||||||
16 | relieve an owner or operator from the obligation to comply | ||||||
17 | with other applicable rules or regulations. | ||||||
18 | (c) (Blank). | ||||||
19 | (d) (Blank). | ||||||
20 | (e) (Blank). | ||||||
21 | (f) As used in this Section: | ||||||
22 | "Carbon dioxide emission" means the plant annual CO 2 total | ||||||
23 | output emission as measured by the United States Environmental | ||||||
24 | Protection Agency in its Emissions & Generation Resource | ||||||
25 | Integrated Database (eGrid), or its successor. | ||||||
26 | "Carbon dioxide equivalent emissions" or "CO 2 e" means the |
| |||||||
| |||||||
1 | sum total of the mass amount of emissions in tons per year, | ||||||
2 | calculated by multiplying the mass amount of each of the 6 | ||||||
3 | greenhouse gases specified in Section 3.207, in tons per year, | ||||||
4 | by its associated global warming potential as set forth in 40 | ||||||
5 | CFR 98, subpart A, table A-1 or its successor, and then adding | ||||||
6 | them all together. | ||||||
7 | "Cogeneration" or "combined heat and power" refers to any | ||||||
8 | system that, either simultaneously or sequentially, produces | ||||||
9 | electricity and useful thermal energy from a single fuel | ||||||
10 | source. | ||||||
11 | "Copollutants" refers to the 6 criteria pollutants that | ||||||
12 | have been identified by the United States Environmental | ||||||
13 | Protection Agency pursuant to the Clean Air Act. | ||||||
14 | "Electric generating unit" or "EGU" means a fossil | ||||||
15 | fuel-fired stationary boiler, combustion turbine, or combined | ||||||
16 | cycle system that serves a generator that has a nameplate | ||||||
17 | capacity greater than 25 MWe and produces electricity for | ||||||
18 | sale. | ||||||
19 | "Environmental justice community" means the definition of | ||||||
20 | that term based on existing methodologies and findings, used | ||||||
21 | and as may be updated by the Illinois Power Agency and its | ||||||
22 | program administrator in the Illinois Solar for All Program. | ||||||
23 | "Equity investment eligible community" or "eligible | ||||||
24 | community" means the geographic areas throughout Illinois that | ||||||
25 | would most benefit from equitable investments by the State | ||||||
26 | designed to combat discrimination and foster sustainable |
| |||||||
| |||||||
1 | economic growth. Specifically, eligible community means the | ||||||
2 | following areas: | ||||||
3 | (1) areas where residents have been historically | ||||||
4 | excluded from economic opportunities, including | ||||||
5 | opportunities in the energy sector, as defined as R3 areas | ||||||
6 | pursuant to Section 10-40 of the Cannabis Regulation and | ||||||
7 | Tax Act; and | ||||||
8 | (2) areas where residents have been historically | ||||||
9 | subject to disproportionate burdens of pollution, | ||||||
10 | including pollution from the energy sector, as established | ||||||
11 | by environmental justice communities as defined by the | ||||||
12 | Illinois Power Agency pursuant to the Illinois Power | ||||||
13 | Agency Act, excluding any racial or ethnic indicators. | ||||||
14 | "Equity investment eligible person" or "eligible person" | ||||||
15 | means the persons who would most benefit from equitable | ||||||
16 | investments by the State designed to combat discrimination and | ||||||
17 | foster sustainable economic growth. Specifically, eligible | ||||||
18 | person means the following people: | ||||||
19 | (1) persons whose primary residence is in an equity | ||||||
20 | investment eligible community; | ||||||
21 | (2) persons whose primary residence is in a | ||||||
22 | municipality, or a county with a population under 100,000, | ||||||
23 | where the closure of an electric generating unit or mine | ||||||
24 | has been publicly announced or the electric generating | ||||||
25 | unit or mine is in the process of closing or closed within | ||||||
26 | the last 5 years; |
| |||||||
| |||||||
1 | (3) persons who are graduates of or currently enrolled | ||||||
2 | in the foster care system; or | ||||||
3 | (4) persons who were formerly incarcerated. | ||||||
4 | "Existing emissions" means: | ||||||
5 | (1) for CO 2 e, the total average tons-per-year of CO 2 e | ||||||
6 | emitted by the EGU or large GHG-emitting unit either in | ||||||
7 | the years 2018 through 2020 or, if the unit was not yet in | ||||||
8 | operation by January 1, 2018, in the first 3 full years of | ||||||
9 | that unit's operation; and | ||||||
10 | (2) for any copollutant, the total average | ||||||
11 | tons-per-year of that copollutant emitted by the EGU or | ||||||
12 | large GHG-emitting unit either in the years 2018 through | ||||||
13 | 2020 or, if the unit was not yet in operation by January 1, | ||||||
14 | 2018, in the first 3 full years of that unit's operation. | ||||||
15 | "Green hydrogen" means a power plant technology in which | ||||||
16 | an EGU creates electric power exclusively from electrolytic | ||||||
17 | hydrogen, in a manner that produces zero carbon and | ||||||
18 | copollutant emissions, using hydrogen fuel that is | ||||||
19 | electrolyzed using a 100% renewable zero carbon emission | ||||||
20 | energy source. | ||||||
21 | "Large greenhouse gas-emitting unit" or "large | ||||||
22 | GHG-emitting unit" means a unit that is an electric generating | ||||||
23 | unit or other fossil fuel-fired unit that itself has a | ||||||
24 | nameplate capacity or serves a generator that has a nameplate | ||||||
25 | capacity greater than 25 MWe and that produces electricity, | ||||||
26 | including, but not limited to, coal-fired, coal-derived, |
| |||||||
| |||||||
1 | oil-fired, natural gas-fired, and cogeneration units. | ||||||
2 | "NO x emission rate" means the plant annual NO x total output | ||||||
3 | emission rate as measured by the United States Environmental | ||||||
4 | Protection Agency in its Emissions & Generation Resource | ||||||
5 | Integrated Database (eGrid), or its successor, in the most | ||||||
6 | recent year for which data is available. | ||||||
7 | "Public greenhouse gas-emitting units" or "public | ||||||
8 | GHG-emitting unit" means large greenhouse gas-emitting units, | ||||||
9 | including EGUs, that are wholly owned, directly or indirectly, | ||||||
10 | by one or more municipalities, municipal corporations, joint | ||||||
11 | municipal electric power agencies, electric cooperatives, or | ||||||
12 | other governmental or nonprofit entities, whether organized | ||||||
13 | and created under the laws of Illinois or another state. | ||||||
14 | "SO 2 emission rate" means the "plant annual SO 2 total | ||||||
15 | output emission rate" as measured by the United States | ||||||
16 | Environmental Protection Agency in its Emissions & Generation | ||||||
17 | Resource Integrated Database (eGrid), or its successor, in the | ||||||
18 | most recent year for which data is available. | ||||||
19 | (g) All EGUs and large greenhouse gas-emitting units that | ||||||
20 | use coal or oil as a fuel and are not public GHG-emitting units | ||||||
21 | shall permanently reduce all CO 2 e and copollutant emissions to | ||||||
22 | zero no later than January 1, 2030. | ||||||
23 | (h) All EGUs and large greenhouse gas-emitting units that | ||||||
24 | use coal as a fuel and are public GHG-emitting units shall | ||||||
25 | permanently reduce CO 2 e emissions to zero no later than | ||||||
26 | December 31, 2045. Any source or plant with such units must |
| |||||||
| |||||||
1 | also reduce their CO 2 e emissions by 45% from existing | ||||||
2 | emissions by no later than January 1, 2035. If the emissions | ||||||
3 | reduction requirement is not achieved by December 31, 2035, | ||||||
4 | the plant shall retire one or more units or otherwise reduce | ||||||
5 | its CO 2 e emissions by 45% from existing emissions by June 30, | ||||||
6 | 2038. | ||||||
7 | (i) All EGUs and large greenhouse gas-emitting units that | ||||||
8 | use gas as a fuel and are not public GHG-emitting units shall | ||||||
9 | permanently reduce all CO 2 e and copollutant emissions to zero, | ||||||
10 | including through unit retirement or the use of 100% green | ||||||
11 | hydrogen or other similar technology that is commercially | ||||||
12 | proven to achieve zero carbon emissions, according to the | ||||||
13 | following: | ||||||
14 | (1) No later than January 1, 2030: all EGUs and large | ||||||
15 | greenhouse gas-emitting units that have a NO x emissions | ||||||
16 | rate of greater than 0.12 lbs/MWh or a SO 2 emission rate of | ||||||
17 | greater than 0.006 lb/MWh, and are located in or within 3 | ||||||
18 | miles of an environmental justice community designated as | ||||||
19 | of January 1, 2021 or an equity investment eligible | ||||||
20 | community. | ||||||
21 | (2) No later than January 1, 2040: all EGUs and large | ||||||
22 | greenhouse gas-emitting units that have a NO x emission | ||||||
23 | rate of greater than 0.12 lbs/MWh or a SO 2 emission rate | ||||||
24 | greater than 0.006 lb/MWh, and are not located in or | ||||||
25 | within 3 miles of an environmental justice community | ||||||
26 | designated as of January 1, 2021 or an equity investment |
| |||||||
| |||||||
1 | eligible community. After January 1, 2035, each such EGU | ||||||
2 | and large greenhouse gas-emitting unit shall reduce its | ||||||
3 | CO 2 e emissions by at least 50% from its existing emissions | ||||||
4 | for CO 2 e, and shall be limited in operation to, on average, | ||||||
5 | 6 hours or less per day, measured over a calendar year, and | ||||||
6 | shall not run for more than 24 consecutive hours except in | ||||||
7 | emergency conditions, as designated by a Regional | ||||||
8 | Transmission Organization or Independent System Operator. | ||||||
9 | (3) No later than January 1, 2035: all EGUs and large | ||||||
10 | greenhouse gas-emitting units that began operation prior | ||||||
11 | to the effective date of this amendatory Act of the 102nd | ||||||
12 | General Assembly and have a NO x emission rate of less than | ||||||
13 | or equal to 0.12 lb/MWh and a SO 2 emission rate less than | ||||||
14 | or equal to 0.006 lb/MWh, and are located in or within 3 | ||||||
15 | miles of an environmental justice community designated as | ||||||
16 | of January 1, 2021 or an equity investment eligible | ||||||
17 | community. Each such EGU and large greenhouse gas-emitting | ||||||
18 | unit shall reduce its CO 2 e emissions by at least 50% from | ||||||
19 | its existing emissions for CO 2 e no later than January 1, | ||||||
20 | 2030. | ||||||
21 | (4) No later than January 1, 2040: All remaining EGUs | ||||||
22 | and large greenhouse gas-emitting units that have a heat | ||||||
23 | rate greater than or equal to 7000 BTU/kWh. Each such EGU | ||||||
24 | and Large greenhouse gas-emitting unit shall reduce its | ||||||
25 | CO 2 e emissions by at least 50% from its existing emissions | ||||||
26 | for CO 2 e no later than January 1, 2035. |
| |||||||
| |||||||
1 | (5) No later than January 1, 2045: all remaining EGUs | ||||||
2 | and large greenhouse gas-emitting units. | ||||||
3 | (j) All EGUs and large greenhouse gas-emitting units that | ||||||
4 | use gas as a fuel and are public GHG-emitting units shall | ||||||
5 | permanently reduce all CO 2 e and copollutant emissions to zero, | ||||||
6 | including through unit retirement or the use of 100% green | ||||||
7 | hydrogen or other similar technology that is commercially | ||||||
8 | proven to achieve zero carbon emissions by January 1, 2045. | ||||||
9 | (k) All EGUs and large greenhouse gas-emitting units that | ||||||
10 | utilize combined heat and power or cogeneration technology | ||||||
11 | shall permanently reduce all CO 2 e and copollutant emissions to | ||||||
12 | zero, including through unit retirement or the use of 100% | ||||||
13 | green hydrogen or other similar technology that is | ||||||
14 | commercially proven to achieve zero carbon emissions by | ||||||
15 | January 1, 2045. | ||||||
16 | (k-5) No EGU or large greenhouse gas-emitting unit that | ||||||
17 | uses gas as a fuel and is not a public GHG-emitting unit may | ||||||
18 | emit, in any 12-month period, CO 2 e or copollutants in excess of | ||||||
19 | that unit's existing emissions for those pollutants. | ||||||
20 | (l) Notwithstanding subsections (g) through (k-5), large | ||||||
21 | GHG-emitting units including EGUs may temporarily continue | ||||||
22 | emitting CO 2 e and copollutants after any applicable deadline | ||||||
23 | specified in any of subsections (g) through (k-5) if it has | ||||||
24 | been determined, as described in paragraphs (1) and (2) of | ||||||
25 | this subsection, that ongoing operation of the EGU is | ||||||
26 | necessary to maintain power grid supply and reliability or |
| |||||||
| |||||||
1 | ongoing operation of large GHG-emitting unit that is not an | ||||||
2 | EGU is necessary to serve as an emergency backup to | ||||||
3 | operations. Up to and including the occurrence of an emission | ||||||
4 | reduction deadline under subsection (i), all EGUs and large | ||||||
5 | GHG-emitting units must comply with the following terms: | ||||||
6 | (1) if an EGU or large GHG-emitting unit that is a | ||||||
7 | participant in a regional transmission organization | ||||||
8 | intends to retire, it must submit documentation to the | ||||||
9 | appropriate regional transmission organization by the | ||||||
10 | appropriate deadline that meets all applicable regulatory | ||||||
11 | requirements necessary to obtain approval to permanently | ||||||
12 | cease operating the large GHG-emitting unit; | ||||||
13 | (2) if any EGU or large GHG-emitting unit that is a | ||||||
14 | participant in a regional transmission organization | ||||||
15 | receives notice that the regional transmission | ||||||
16 | organization has determined that continued operation of | ||||||
17 | the unit is required, the unit may continue operating | ||||||
18 | until the issue identified by the regional transmission | ||||||
19 | organization is resolved. The owner or operator of the | ||||||
20 | unit must cooperate with the regional transmission | ||||||
21 | organization in resolving the issue and must reduce its | ||||||
22 | emissions to zero, consistent with the requirements under | ||||||
23 | subsection (g), (h), (i), (j), (k), or (k-5), as | ||||||
24 | applicable, as soon as practicable when the issue | ||||||
25 | identified by the regional transmission organization is | ||||||
26 | resolved; and |
| |||||||
| |||||||
1 | (3) any large GHG-emitting unit that is not a | ||||||
2 | participant in a regional transmission organization shall | ||||||
3 | be allowed to continue emitting CO 2 e and copollutants | ||||||
4 | after the zero-emission date specified in subsection (g), | ||||||
5 | (h), (i), (j), (k), or (k-5), as applicable, in the | ||||||
6 | capacity of an emergency backup unit if approved by the | ||||||
7 | Illinois Commerce Commission. | ||||||
8 | (m) No variance, adjusted standard, or other regulatory | ||||||
9 | relief otherwise available in this Act may be granted to the | ||||||
10 | emissions reduction and elimination obligations in this | ||||||
11 | Section. | ||||||
12 | (n) By June 30 of each year, beginning in 2025, the Agency | ||||||
13 | shall prepare and publish on its website a report setting | ||||||
14 | forth the actual greenhouse gas emissions from individual | ||||||
15 | units and the aggregate statewide emissions from all units for | ||||||
16 | the prior year. | ||||||
17 | (o) Every 5 years beginning in 2025, the Environmental | ||||||
18 | Protection Agency, Illinois Power Agency, and Illinois | ||||||
19 | Commerce Commission shall jointly prepare, and release | ||||||
20 | publicly, a report to the General Assembly that examines the | ||||||
21 | State's current progress toward its renewable energy resource | ||||||
22 | development goals, the status of CO 2 e and copollutant | ||||||
23 | emissions reductions, the current status and progress toward | ||||||
24 | developing and implementing green hydrogen technologies, the | ||||||
25 | current and projected status of electric resource adequacy and | ||||||
26 | reliability throughout the State for the period beginning 5 |
| |||||||
| |||||||
1 | years ahead, and proposed solutions for any findings. The | ||||||
2 | Environmental Protection Agency, Illinois Power Agency, and | ||||||
3 | Illinois Commerce Commission shall consult PJM | ||||||
4 | Interconnection, LLC and Midcontinent Independent System | ||||||
5 | Operator, Inc., or their respective successor organizations | ||||||
6 | regarding forecasted resource adequacy and reliability needs, | ||||||
7 | anticipated new generation interconnection, new transmission | ||||||
8 | development or upgrades, and any announced large GHG-emitting | ||||||
9 | unit closure dates and include this information in the report. | ||||||
10 | The report shall be released publicly by no later than | ||||||
11 | December 15 of the year it is prepared. If the Environmental | ||||||
12 | Protection Agency, Illinois Power Agency, and Illinois | ||||||
13 | Commerce Commission jointly conclude in the report that the | ||||||
14 | data from the regional grid operators, the pace of renewable | ||||||
15 | energy development, the pace of development of energy storage | ||||||
16 | and demand response utilization, transmission capacity, and | ||||||
17 | the CO 2 e and copollutant emissions reductions required by | ||||||
18 | subsection (i) or (k-5) reasonably demonstrate that a resource | ||||||
19 | adequacy shortfall will occur, including whether there will be | ||||||
20 | sufficient in-state capacity to meet the zonal requirements of | ||||||
21 | MISO Zone 4 or the PJM ComEd Zone, per the requirements of the | ||||||
22 | regional transmission organizations, or that the regional | ||||||
23 | transmission operators determine that a reliability violation | ||||||
24 | will occur during the time frame the study is evaluating, then | ||||||
25 | the Illinois Power Agency, in conjunction with the | ||||||
26 | Environmental Protection Agency shall develop a plan to reduce |
| |||||||
| |||||||
1 | or delay CO 2 e and copollutant emissions reductions | ||||||
2 | requirements only to the extent and for the duration necessary | ||||||
3 | to meet the resource adequacy and reliability needs of the | ||||||
4 | State, including allowing any plants whose emission reduction | ||||||
5 | deadline has been identified in the plan as creating a | ||||||
6 | reliability concern to continue operating, including operating | ||||||
7 | with reduced emissions or as emergency backup where | ||||||
8 | appropriate. The plan shall also consider the use of renewable | ||||||
9 | energy, energy storage, demand response, transmission | ||||||
10 | development, or other strategies to resolve the identified | ||||||
11 | resource adequacy shortfall or reliability violation. | ||||||
12 | (1) In developing the plan, the Environmental | ||||||
13 | Protection Agency and the Illinois Power Agency shall hold | ||||||
14 | at least one workshop open to, and accessible at a time and | ||||||
15 | place convenient to, the public and shall consider any | ||||||
16 | comments made by stakeholders or the public. Upon | ||||||
17 | development of the plan, copies of the plan shall be | ||||||
18 | posted and made publicly available on the Environmental | ||||||
19 | Protection Agency's, the Illinois Power Agency's, and the | ||||||
20 | Illinois Commerce Commission's websites. All interested | ||||||
21 | parties shall have 60 days following the date of posting | ||||||
22 | to provide comment to the Environmental Protection Agency | ||||||
23 | and the Illinois Power Agency on the plan. All comments | ||||||
24 | submitted to the Environmental Protection Agency and the | ||||||
25 | Illinois Power Agency shall be encouraged to be specific, | ||||||
26 | supported by data or other detailed analyses, and, if |
| |||||||
| |||||||
1 | objecting to all or a portion of the plan, accompanied by | ||||||
2 | specific alternative wording or proposals. All comments | ||||||
3 | shall be posted on the Environmental Protection Agency's, | ||||||
4 | the Illinois Power Agency's, and the Illinois Commerce | ||||||
5 | Commission's websites. Within 30 days following the end of | ||||||
6 | the 60-day review period, the Environmental Protection | ||||||
7 | Agency and the Illinois Power Agency shall revise the plan | ||||||
8 | as necessary based on the comments received and file its | ||||||
9 | revised plan with the Illinois Commerce Commission for | ||||||
10 | approval. | ||||||
11 | (2) Within 60 days after the filing of the revised | ||||||
12 | plan at the Illinois Commerce Commission, any person | ||||||
13 | objecting to the plan shall file an objection with the | ||||||
14 | Illinois Commerce Commission. Within 30 days after the | ||||||
15 | expiration of the comment period, the Illinois Commerce | ||||||
16 | Commission shall determine whether an evidentiary hearing | ||||||
17 | is necessary. The Illinois Commerce Commission shall also | ||||||
18 | host 3 public hearings within 90 days after the plan is | ||||||
19 | filed. Following the evidentiary and public hearings, the | ||||||
20 | Illinois Commerce Commission shall enter its order | ||||||
21 | approving or approving with modifications the reliability | ||||||
22 | mitigation plan within 180 days. | ||||||
23 | (3) The Illinois Commerce Commission shall only | ||||||
24 | approve the plan if the Illinois Commerce Commission | ||||||
25 | determines that it will resolve the resource adequacy or | ||||||
26 | reliability deficiency identified in the reliability |
| |||||||
| |||||||
1 | mitigation plan at the least amount of CO 2 e and copollutant | ||||||
2 | emissions, taking into consideration the emissions impacts | ||||||
3 | on environmental justice communities, and that it will | ||||||
4 | ensure adequate, reliable, affordable, efficient, and | ||||||
5 | environmentally sustainable electric service at the lowest | ||||||
6 | total cost over time, taking into account the impact of | ||||||
7 | increases in emissions. | ||||||
8 | (4) If the resource adequacy or reliability deficiency | ||||||
9 | identified in the reliability mitigation plan is resolved | ||||||
10 | or reduced, the Environmental Protection Agency and the | ||||||
11 | Illinois Power Agency may file an amended plan adjusting | ||||||
12 | the reduction or delay in CO 2 e and copollutant emission | ||||||
13 | reduction requirements identified in the plan. | ||||||
14 | (p) The goals of the State are to reduce greenhouse gas | ||||||
15 | emissions from the transportation sector in the State by at | ||||||
16 | least 80% from the 2005 level and achieve a net-zero emissions | ||||||
17 | transportation sector, both by 2050. | ||||||
18 | (1) An incremental goal of at least a 50% reduction in | ||||||
19 | greenhouse gas emissions from the transportation sector | ||||||
20 | below the year 2005 level by the year 2030 is hereby | ||||||
21 | established. | ||||||
22 | (2) By no later than September 30, 2025, the Agency | ||||||
23 | shall establish greenhouse gas emissions reduction targets | ||||||
24 | for the State transportation sector on a 5-year or more | ||||||
25 | frequent basis that will achieve these goals. | ||||||
26 | (3) The Agency shall set the first such emissions |
| |||||||
| |||||||
1 | reduction target for no later than 2030, shall use 2005 | ||||||
2 | emissions as the baseline year, and shall provide that | ||||||
3 | each 5-year target is at least 15 percentage points lower | ||||||
4 | and no more than 25 percentage points lower than the | ||||||
5 | immediately preceding 5-year target. | ||||||
6 | (4) The emissions reduction targets set by the Agency | ||||||
7 | must be by transportation mode, such as aerial transport | ||||||
8 | and highway transport, as the Agency deems appropriate | ||||||
9 | after consultation with the Department of Transportation. | ||||||
10 | (5) The Agency, in coordination with the Department of | ||||||
11 | Transportation, shall adopt rules establishing policies | ||||||
12 | and programs necessary for the State to achieve the | ||||||
13 | transportation sector greenhouse gas emissions reduction | ||||||
14 | goals and targets set forth in this subsection and in | ||||||
15 | subsection (c) of Section 2705-204 of the Department of | ||||||
16 | Transportation Law of the Civil Administrative Code of | ||||||
17 | Illinois. The rules may make changes to how the Department | ||||||
18 | of Transportation and MPOs plan, program, prioritize, and | ||||||
19 | fund transportation projects so that the State can achieve | ||||||
20 | the greenhouse gas emissions reduction goals and targets | ||||||
21 | set forth in this subsection and in subsection (c) of | ||||||
22 | Section 2705-204 of the Department of Transportation Law | ||||||
23 | of the Civil Administrative Code of Illinois. | ||||||
24 | (6) The Department of Transportation and MPOs in the | ||||||
25 | State shall ensure that their greenhouse gas emissions | ||||||
26 | reporting under Title 23, Part 490, of the Code of Federal |
| |||||||
| |||||||
1 | Regulations conforms to the greenhouse gas emissions | ||||||
2 | reduction goals and targets set forth in this subsection | ||||||
3 | and in subsection (c) of Section 2705-204 of the | ||||||
4 | Department of Transportation Law of the Civil | ||||||
5 | Administrative Code of Illinois. | ||||||
6 | (q) No later than June 30, 2025, the Agency, by rule, shall | ||||||
7 | establish a social cost of carbon, expressed in terms of | ||||||
8 | dollars per ton of CO 2 e. | ||||||
9 | (1) The social cost of carbon shall serve as a | ||||||
10 | monetary estimate of the value of not emitting a ton of | ||||||
11 | greenhouse gas emissions. | ||||||
12 | (2) In developing the social cost of carbon, the | ||||||
13 | Agency shall consider estimates of the social cost of | ||||||
14 | carbon issued or adopted by the federal government, | ||||||
15 | appropriate international bodies, or other appropriate and | ||||||
16 | reputable scientific organizations, but the social cost of | ||||||
17 | carbon adopted by the Agency must not be less than the | ||||||
18 | social cost of carbon adopted by the United States | ||||||
19 | Environmental Protection Agency. | ||||||
20 | (3) The Agency shall periodically update its estimate | ||||||
21 | of the social cost of carbon to reflect changes in data, | ||||||
22 | assumptions, and estimates, and it shall do so at least | ||||||
23 | once every 5 years. | ||||||
24 | (4) Except as otherwise provided by law, State | ||||||
25 | agencies shall use the social cost of carbon figure | ||||||
26 | established by the Agency for purposes of estimating the |
| |||||||
| |||||||
1 | cost associated with carbon-related emissions. | ||||||
2 | (Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.) | ||||||
3 | Section 20.40. The Illinois Highway Code is amended by | ||||||
4 | changing Sections 5-701.8, 6-411.5, and 7-202.14 as follows: | ||||||
5 | (605 ILCS 5/5-701.8) (from Ch. 121, par. 5-701.8) | ||||||
6 | Sec. 5-701.8. Any county board may also turn over a | ||||||
7 | portion of the motor fuel tax funds allotted to it to: | ||||||
8 | (a) a local Mass Transit District if the county created | ||||||
9 | such District pursuant to the "Local Mass Transit District | ||||||
10 | Act", approved July 21, 1959, as now or hereafter amended; | ||||||
11 | (b) a local Transit Commission if such commission is | ||||||
12 | created pursuant to Section 14-101 of The Public Utilities | ||||||
13 | Act; or | ||||||
14 | (c) the Metropolitan Mobility Chicago Transit Authority | ||||||
15 | established pursuant to the Metropolitan Mobility | ||||||
16 | "Metropolitan Transit Authority Act ", approved April 12, 1945, | ||||||
17 | as now or hereafter amended . | ||||||
18 | (Source: P.A. 85-1209.) | ||||||
19 | (605 ILCS 5/6-411.5) | ||||||
20 | Sec. 6-411.5. Contracts for public transportation. The | ||||||
21 | highway commissioner of each road district within the | ||||||
22 | territory of the Metropolitan Mobility Regional Transportation | ||||||
23 | Authority shall have authority, with the approval of the |
| |||||||
| |||||||
1 | township board of trustees, to contract with the Metropolitan | ||||||
2 | Mobility Regional Transportation Authority or a Service Board, | ||||||
3 | as defined in the Regional Transportation Authority Act , for | ||||||
4 | the purchase of public transportation services within the | ||||||
5 | district, upon such terms and conditions as may be mutually | ||||||
6 | agreed upon. The expenditure of road funds, collected under a | ||||||
7 | road district tax, to purchase public transportation services | ||||||
8 | constitutes a road purpose under this Code. | ||||||
9 | (Source: P.A. 89-347, eff. 1-1-96.) | ||||||
10 | (605 ILCS 5/7-202.14) (from Ch. 121, par. 7-202.14) | ||||||
11 | Sec. 7-202.14. Any municipality may by ordinance of the | ||||||
12 | corporate authorities turn over a portion of its allotment to: | ||||||
13 | (a) a local Mass Transit District if the municipality | ||||||
14 | created such a District pursuant to the "Local Mass Transit | ||||||
15 | District Act", approved July 21, 1959, as now or hereafter | ||||||
16 | amended; | ||||||
17 | (b) a local Transit Commission if the municipality | ||||||
18 | established such commission pursuant to Section 14-101 of The | ||||||
19 | Public Utilities Act; or | ||||||
20 | (c) the Metropolitan Mobility Chicago Transit Authority | ||||||
21 | established pursuant to the Metropolitan Mobility | ||||||
22 | "Metropolitan Transit Authority Act ", approved April 12, 1945, | ||||||
23 | as now or hereafter amended . | ||||||
24 | (Source: P.A. 85-1209.) |
| |||||||
| |||||||
1 | Section 20.41. The Toll Highway Act is amended by changing | ||||||
2 | Sections 3 and 19 as follows: | ||||||
3 | (605 ILCS 10/3) (from Ch. 121, par. 100-3) | ||||||
4 | Sec. 3. There is hereby created an Authority to be known as | ||||||
5 | The Illinois State Toll Highway Authority, which is hereby | ||||||
6 | constituted an instrumentality and an administrative agency of | ||||||
7 | the State of Illinois. The said Authority shall consist of the | ||||||
8 | following 11 directors : ; the Governor , and the Secretary of | ||||||
9 | the Department of Transportation, and the Chair of the | ||||||
10 | Metropolitan Mobility Authority as nonvoting directors ex | ||||||
11 | officio, and 9 voting directors appointed by the Governor with | ||||||
12 | the advice and consent of the Senate , from the State at large, | ||||||
13 | which said directors and their successors are hereby | ||||||
14 | authorized to carry out the provisions of this Act, and to | ||||||
15 | exercise the powers herein conferred. Of the 9 directors | ||||||
16 | appointed by the Governor, no more than 5 shall be members of | ||||||
17 | the same political party. | ||||||
18 | Notwithstanding any provision of law to the contrary, the | ||||||
19 | term of office of each director of the Authority serving on the | ||||||
20 | effective date of this amendatory Act of the 100th General | ||||||
21 | Assembly, other than the Governor and the Secretary of the | ||||||
22 | Department of Transportation, is abolished and a vacancy in | ||||||
23 | each office is created on the effective date of this | ||||||
24 | amendatory Act of the 100th General Assembly. The Governor | ||||||
25 | shall appoint directors to the Authority for the vacancies |
| |||||||
| |||||||
1 | created under this amendatory Act of the 100th General | ||||||
2 | Assembly by February 28, 2019. Directors whose terms are | ||||||
3 | abolished under this amendatory Act of the 100th General | ||||||
4 | Assembly shall be eligible for reappointment. | ||||||
5 | Vacancies shall be filled for the unexpired term in the | ||||||
6 | same manner as original appointments. All appointments shall | ||||||
7 | be in writing and filed with the Secretary of State as a public | ||||||
8 | record. It is the intention of this section that the | ||||||
9 | Governor's appointments shall be made with due consideration | ||||||
10 | to the location of proposed toll highway routes so that | ||||||
11 | maximum geographic representation from the areas served by | ||||||
12 | said toll highway routes may be accomplished insofar as | ||||||
13 | practicable. The said Authority shall have the power to | ||||||
14 | contract and be contracted with, to acquire, hold and convey | ||||||
15 | personal and real property or any interest therein including | ||||||
16 | rights-of-way rights of way , franchises and easements; to have | ||||||
17 | and use a common seal, and to alter the same at will; to make | ||||||
18 | and establish resolutions, by-laws, rules, rates and | ||||||
19 | regulations, and to alter or repeal the same as the Authority | ||||||
20 | shall deem necessary and expedient for the construction, | ||||||
21 | operation, relocation, regulation and maintenance of a system | ||||||
22 | of toll highways within and through the State of Illinois. | ||||||
23 | Appointment of the additional directors provided for by | ||||||
24 | this amendatory Act of 1980 shall be made within 30 days after | ||||||
25 | the effective date of this amendatory Act of 1980. | ||||||
26 | (Source: P.A. 100-1180, eff. 2-28-19.) |
| |||||||
| |||||||
1 | (605 ILCS 10/19) (from Ch. 121, par. 100-19) | ||||||
2 | Sec. 19. Toll rates. The Authority shall fix and revise | ||||||
3 | from time to time, tolls or charges or rates for the privilege | ||||||
4 | of using each of the toll highways constructed pursuant to | ||||||
5 | this Act. Such tolls shall be so fixed and adjusted at rates | ||||||
6 | calculated to provide the lowest reasonable toll rates that | ||||||
7 | will provide funds sufficient with other revenues of the | ||||||
8 | Authority to pay, (a) the cost of the construction of a toll | ||||||
9 | highway authorized by joint resolution of the General Assembly | ||||||
10 | pursuant to Section 14.1 and the reconstruction, major repairs | ||||||
11 | or improvements of toll highways, (b) the cost of maintaining, | ||||||
12 | repairing, regulating and operating the toll highways | ||||||
13 | including only the necessary expenses of the Authority, and | ||||||
14 | (c) the principal of all bonds, interest thereon and all | ||||||
15 | sinking fund requirements and other requirements provided by | ||||||
16 | resolutions authorizing the issuance of the bonds as they | ||||||
17 | shall become due. In fixing the toll rates pursuant to this | ||||||
18 | Section 19 and Section 10(c) of this Act, the Authority shall | ||||||
19 | take into account the effect of the provisions of this Section | ||||||
20 | 19 permitting the use of the toll highway system without | ||||||
21 | payment of the covenants of the Authority contained in the | ||||||
22 | resolutions and trust indentures authorizing the issuance of | ||||||
23 | bonds of the Authority. No such provision permitting the use | ||||||
24 | of the toll highway system without payment of tolls after the | ||||||
25 | date of this amendatory Act of the 95th General Assembly shall |
| |||||||
| |||||||
1 | be applied in a manner that impairs the rights of bondholders | ||||||
2 | pursuant to any resolution or trust indentures authorizing the | ||||||
3 | issuance of bonds of the Authority. The use and disposition of | ||||||
4 | any sinking or reserve fund shall be subject to such | ||||||
5 | regulation as may be provided in the resolution or trust | ||||||
6 | indenture authorizing the issuance of the bonds. Subject to | ||||||
7 | the provisions of any resolution or trust indenture | ||||||
8 | authorizing the issuance of bonds any moneys in any such | ||||||
9 | sinking fund in excess of an amount equal to one year's | ||||||
10 | interest on the bonds then outstanding secured by such sinking | ||||||
11 | fund may be applied to the purchase or redemption of bonds. All | ||||||
12 | such bonds so redeemed or purchased shall forthwith be | ||||||
13 | cancelled and shall not again be issued. No person shall be | ||||||
14 | permitted to use any toll highway without paying the toll | ||||||
15 | established under this Section except when on official Toll | ||||||
16 | Highway Authority business which includes police and other | ||||||
17 | emergency vehicles. However, any law enforcement agency | ||||||
18 | vehicle, fire department vehicle, public or private ambulance | ||||||
19 | service vehicle engaged in the performance of an emergency | ||||||
20 | service or duty that necessitates the use of the toll highway | ||||||
21 | system, or other emergency vehicle that is plainly marked | ||||||
22 | shall not be required to pay a toll to use a toll highway. A | ||||||
23 | law enforcement, fire protection, or emergency services | ||||||
24 | officer driving a law enforcement, fire protection, emergency | ||||||
25 | services agency vehicle, or public or private ambulance | ||||||
26 | service vehicle engaging in the performance of emergency |
| |||||||
| |||||||
1 | services or duties that is not plainly marked must present an | ||||||
2 | Official Permit Card which the law enforcement, fire | ||||||
3 | protection, or emergency services officer receives from his or | ||||||
4 | her law enforcement, fire protection, emergency services | ||||||
5 | agency, or public or private ambulance service in order to use | ||||||
6 | a toll highway without paying the toll. A law enforcement, | ||||||
7 | fire protection, emergency services agency, or public or | ||||||
8 | private ambulance service engaging in the performance of | ||||||
9 | emergency services or duties must apply to the Authority to | ||||||
10 | receive a permit, and the Authority shall adopt rules for the | ||||||
11 | issuance of a permit, that allows public or private ambulance | ||||||
12 | service vehicles engaged in the performance of emergency | ||||||
13 | services or duties that necessitate the use of the toll | ||||||
14 | highway system and all law enforcement, fire protection, or | ||||||
15 | emergency services agency vehicles of the law enforcement, | ||||||
16 | fire protection, or emergency services agency to use any toll | ||||||
17 | highway without paying the toll established under this | ||||||
18 | Section. The Authority shall maintain in its office a list of | ||||||
19 | all persons that are authorized to use any toll highway | ||||||
20 | without charge when on official business of the Authority and | ||||||
21 | such list shall be open to the public for inspection. In | ||||||
22 | recognition of the unique role of public transportation in | ||||||
23 | providing effective transportation in the Authority's service | ||||||
24 | region, and to give effect to the exemption set forth in | ||||||
25 | subsection (b) of Section 4.06 2.06 of the Metropolitan | ||||||
26 | Mobility Regional Transportation Authority Act, the following |
| |||||||
| |||||||
1 | vehicles may use any toll highway without paying the toll: (1) | ||||||
2 | a vehicle owned or operated by the Suburban Bus Division of the | ||||||
3 | Metropolitan Mobility Regional Transportation Authority that | ||||||
4 | is being used to transport passengers for hire; and (2) any | ||||||
5 | revenue vehicle that is owned or operated by a Mass Transit | ||||||
6 | District created under Section 3 of the Local Mass Transit | ||||||
7 | District Act and running regular scheduled service. | ||||||
8 | Among other matters, this amendatory Act of 1990 is | ||||||
9 | intended to clarify and confirm the prior intent of the | ||||||
10 | General Assembly to allow toll revenues from the toll highway | ||||||
11 | system to be used to pay a portion of the cost of the | ||||||
12 | construction of the North-South Toll Highway authorized by | ||||||
13 | Senate Joint Resolution 122 of the 83rd General Assembly in | ||||||
14 | 1984. | ||||||
15 | (Source: P.A. 100-739, eff. 1-1-19 .) | ||||||
16 | Section 20.42. The Illinois Aeronautics Act is amended by | ||||||
17 | changing Section 49.1 as follows: | ||||||
18 | (620 ILCS 5/49.1) (from Ch. 15 1/2, par. 22.49a) | ||||||
19 | Sec. 49.1. Creation of hazards. No person may create or | ||||||
20 | construct any airport hazard which obstructs a restricted | ||||||
21 | landing area or residential airport that (1) serves 20 or more | ||||||
22 | based aircraft, and (2) is located within the "metropolitan | ||||||
23 | region" as that term is defined in the Metropolitan Mobility | ||||||
24 | Regional Transportation Authority Act. For the purpose of this |
| |||||||
| |||||||
1 | Section, "based aircraft" are aircraft that are regularly | ||||||
2 | hangared or tied-down at the restricted landing area or | ||||||
3 | residential airport, or that use it as their primary base of | ||||||
4 | operation. As used in this Section 49.1, "restricted landing | ||||||
5 | area" or "residential airport" shall have the meaning set | ||||||
6 | forth in regulations of the Department in effect on the | ||||||
7 | effective date of this amendatory Act of 1989, but shall not | ||||||
8 | include amendments of the regulations adopted by the | ||||||
9 | Department thereafter. | ||||||
10 | (Source: P.A. 86-963.) | ||||||
11 | Section 20.43. The Illinois Vehicle Code is amended by | ||||||
12 | changing Sections 1-209.3, 8-102, 11-709.2, and 18c-7402 and | ||||||
13 | by adding Sections 12-830, 13C-21, and 18c-1206 as follows: | ||||||
14 | (625 ILCS 5/1-209.3) | ||||||
15 | Sec. 1-209.3. Transit bus. A bus engaged in public | ||||||
16 | transportation as defined by the Metropolitan Mobility | ||||||
17 | Regional Transportation Authority Act and authorized by the | ||||||
18 | Department to be used on specifically designated roadway | ||||||
19 | shoulders. | ||||||
20 | (Source: P.A. 97-292, eff. 8-11-11.) | ||||||
21 | (625 ILCS 5/8-102) (from Ch. 95 1/2, par. 8-102) | ||||||
22 | Sec. 8-102. Alternate methods of giving proof. | ||||||
23 | (a) Except as provided in subsection (b), proof of |
| |||||||
| |||||||
1 | financial responsibility, when required under Section 8-101 or | ||||||
2 | 8-101.1, may be given by filing with the Secretary of State one | ||||||
3 | of the following: | ||||||
4 | 1. A bond as provided in Section 8-103; | ||||||
5 | 2. An insurance policy or other proof of insurance in | ||||||
6 | a form to be prescribed by the Secretary as provided in | ||||||
7 | Section 8-108; | ||||||
8 | 3. A certificate of self-insurance issued by the | ||||||
9 | Director; | ||||||
10 | 4. A certificate of self-insurance issued to the | ||||||
11 | Metropolitan Mobility Regional Transportation Authority by | ||||||
12 | the Director naming municipal or non-municipal public | ||||||
13 | carriers included therein; | ||||||
14 | 5. A certificate of coverage issued by an | ||||||
15 | intergovernmental risk management association evidencing | ||||||
16 | coverages which meet or exceed the amounts required under | ||||||
17 | this Code. | ||||||
18 | (b) Beginning January 1, 2020, in lieu of filing the | ||||||
19 | documents required by subsection (a), each owner of a vehicle | ||||||
20 | required to obtain minimum liability insurance under Section | ||||||
21 | 8-101 or 8-101.1 shall attest that the vehicle is insured in at | ||||||
22 | least the minimum required amount. | ||||||
23 | (1) The Secretary shall create a form on which the | ||||||
24 | vehicle owner shall attest that the vehicle is insured in | ||||||
25 | at least the minimum required amount. The attestation form | ||||||
26 | shall be submitted with each registration application. |
| |||||||
| |||||||
1 | (2) The attestation form shall be valid for the full | ||||||
2 | registration period; however, if at any time the Secretary | ||||||
3 | has reason to believe that the owner does not have the | ||||||
4 | minimum required amount of insurance for a vehicle, the | ||||||
5 | Secretary may require the owner to file with the Secretary | ||||||
6 | documentation as set forth in subsection (a) of this | ||||||
7 | Section. | ||||||
8 | (3) If the owner fails to provide the required | ||||||
9 | documentation within 7 calendar days after the request is | ||||||
10 | made, the Secretary may suspend the vehicle registration. | ||||||
11 | The registration shall remain suspended until such time as | ||||||
12 | the required documentation is provided to and reviewed by | ||||||
13 | the Secretary. | ||||||
14 | (4) The owner of a vehicle that is self-insured shall | ||||||
15 | attest that the funds available to pay liability claims | ||||||
16 | related to the operation of the vehicle are equivalent to | ||||||
17 | or greater than the minimum liability insurance | ||||||
18 | requirements under Section 8-101 or 8-101.1. | ||||||
19 | (c) The Secretary of State may adopt rules to implement | ||||||
20 | this Section. | ||||||
21 | (Source: P.A. 100-986, eff. 1-1-21 .) | ||||||
22 | (625 ILCS 5/11-709.2) | ||||||
23 | Sec. 11-709.2. Bus on shoulder program. | ||||||
24 | (a) The use of specifically designated shoulders of | ||||||
25 | roadways by transit buses may be authorized by the Department |
| |||||||
| |||||||
1 | in cooperation with the Metropolitan Mobility Regional | ||||||
2 | Transportation Authority and the Suburban Bus Division of the | ||||||
3 | Regional Transportation Authority . The Department shall | ||||||
4 | prescribe by rule which transit buses are authorized to | ||||||
5 | operate on shoulders, as well as times and locations. The | ||||||
6 | Department may erect signage to indicate times and locations | ||||||
7 | of designated shoulder usage. | ||||||
8 | (b) (Blank). | ||||||
9 | (c) (Blank). | ||||||
10 | (Source: P.A. 98-756, eff. 7-16-14; 98-871, eff. 8-11-14; | ||||||
11 | 99-78, eff. 7-20-15.) | ||||||
12 | (625 ILCS 5/12-830 new) | ||||||
13 | Sec. 12-830. Electric school buses. | ||||||
14 | (a) In this Section: | ||||||
15 | "Displaced worker" means any employee whose most recent | ||||||
16 | separation from active service was due to lack of business, a | ||||||
17 | reduction in force, or other economic, nondisciplinary reason | ||||||
18 | related to the transition from the fossil-fuel reliant | ||||||
19 | vehicles to zero-emission or near zero-emissions vehicles. | ||||||
20 | "Individual facing barriers to employment" means either of | ||||||
21 | the following: | ||||||
22 | (A) An individual with a barrier to employment as | ||||||
23 | defined by 29 U.S.C. 3102(24). | ||||||
24 | (B) An individual from a demographic group that | ||||||
25 | represents less than 30% of their relevant industry |
| |||||||
| |||||||
1 | workforce according to the United States Bureau of Labor | ||||||
2 | Statistics. | ||||||
3 | "Non-temporary job" means a job other than those | ||||||
4 | classified as "day and temporary labor" as defined in the Day | ||||||
5 | and Temporary Labor Services Act. | ||||||
6 | "Repower" means to replace the internal combustion engine | ||||||
7 | in a vehicle with a zero-emission powertrain. | ||||||
8 | "School bus" means every on-road motor vehicle owned or | ||||||
9 | operated by or for the transportation of persons regularly | ||||||
10 | enrolled as students in grade 12 or below in connection with | ||||||
11 | any activity of such entities as defined in Section 1-182 of | ||||||
12 | the Illinois Vehicle Code. | ||||||
13 | "Zero-emission vehicle" means vehicles powered with a | ||||||
14 | zero-emission powertrain that produces zero exhaust emissions | ||||||
15 | of any criteria pollutant, precursor pollutant, or greenhouse | ||||||
16 | gas in any mode of operation or condition, as determined by the | ||||||
17 | Illinois Environmental Protection Agency. | ||||||
18 | (b) Notwithstanding any other provision of law, all school | ||||||
19 | buses newly purchased or leased, including by contractors, | ||||||
20 | after January 1, 2030 must be a manufactured or repowered | ||||||
21 | zero-emission vehicle. | ||||||
22 | (c) On or before January 1, 2042, all school buses | ||||||
23 | operated in the State must be a manufactured or repowered | ||||||
24 | zero-emission vehicle. | ||||||
25 | (d) Notwithstanding the provisions of this Section, a | ||||||
26 | school bus owner may purchase a new internal combustion school |
| |||||||
| |||||||
1 | bus instead of a zero-emission school bus if, due to both | ||||||
2 | terrain and route constraints, the school bus owner can | ||||||
3 | reasonably demonstrate that a daily planned bus route for | ||||||
4 | transporting pupils to and from school cannot be serviced | ||||||
5 | through available zero-emission technology in the period in | ||||||
6 | which the exemption is sought. A school bus owner may not be | ||||||
7 | penalized for not taking immediate delivery of ordered | ||||||
8 | zero-emission vehicles for one year due to a construction | ||||||
9 | delay beyond the control of the governmental unit. | ||||||
10 | (1) Infrastructure Construction Delay Extension. | ||||||
11 | Excuses the school bus owner from taking immediate | ||||||
12 | delivery of ordered zero-emission vehicles for one year | ||||||
13 | due to a construction delay beyond the owners control. | ||||||
14 | (2) Route Service Exemption. Allows the purchase or | ||||||
15 | contracting of an internal combustion school bus instead | ||||||
16 | of a zero-emission school bus if, due to both terrain and | ||||||
17 | route constraints, the school bus owner can reasonably | ||||||
18 | demonstrate that a daily planned bus route for | ||||||
19 | transporting pupils to and from school cannot be serviced | ||||||
20 | through available zero-emission technology in the period | ||||||
21 | in which the exemption is sought. | ||||||
22 | (e) Beginning January 1, 2026, all master agreements by | ||||||
23 | governmental units for the purchase of electric school buses, | ||||||
24 | and all other contracts by governmental units for the purchase | ||||||
25 | of electric school buses with a base-buy value of $1,000,000 | ||||||
26 | or more, shall be awarded using a competitive best-value |
| |||||||
| |||||||
1 | procurement process; and shall require bidders to submit a | ||||||
2 | United States Jobs Plan as part of their solicitation | ||||||
3 | responses. | ||||||
4 | (1) The United States Jobs Plan shall include the | ||||||
5 | following information: | ||||||
6 | (A) The number of full-time non-temporary jobs | ||||||
7 | proposed to be retained and created, including an | ||||||
8 | accounting of the positions classified as employees, | ||||||
9 | and positions classified as independent contractors. | ||||||
10 | (B) The number of jobs specifically reserved for | ||||||
11 | individuals facing barriers to employment and the | ||||||
12 | number reserved for displaced workers. | ||||||
13 | (C) The minimum wage levels by job classification | ||||||
14 | for non-supervisory workers. | ||||||
15 | (D) Proposed amounts to be paid for fringe | ||||||
16 | benefits by job classification and the proposed | ||||||
17 | amounts for worker training by job classification. | ||||||
18 | (E) Description of what manuals, trainings, and | ||||||
19 | other resources would be provided to ensure existing | ||||||
20 | public employees are trained on the service, | ||||||
21 | maintenance, and operation of the purchased vehicles. | ||||||
22 | (F) If a federal authority specifically authorizes | ||||||
23 | use of a geographic preference or when State or local | ||||||
24 | funds are used to fund a contract, proposed local jobs | ||||||
25 | created in the State or within an existing facility in | ||||||
26 | the State that are related to the manufacturing of |
| |||||||
| |||||||
1 | zero-emission and near zero-emissions vehicles and | ||||||
2 | vehicles and related equipment. | ||||||
3 | (2) The United States Jobs Plan shall be scored as a | ||||||
4 | part of the overall application for the covered public | ||||||
5 | contract. The content of United States Jobs Plans shall be | ||||||
6 | incorporated as material terms of the final contract. The | ||||||
7 | United States Jobs Plan and compliance documents shall be | ||||||
8 | made available to the public and subject to full | ||||||
9 | disclosure under the Freedom of Information Act. | ||||||
10 | (3) Contracting entities shall be required to submit | ||||||
11 | annual United States Jobs Plan reports to contracting | ||||||
12 | public agencies demonstrating compliance with their United | ||||||
13 | States Jobs Plan commitments. | ||||||
14 | (f) This Section does not apply to a contract awarded | ||||||
15 | based on a solicitation issued before January 1, 2026. | ||||||
16 | (625 ILCS 5/13C-21 new) | ||||||
17 | Sec. 13C-21. Vehicle emissions testing standards. | ||||||
18 | (a) The purpose of this Section is to establish standards | ||||||
19 | relating to control of emissions from new motor vehicles and | ||||||
20 | motor vehicle engines. Establishing targets for the sale of | ||||||
21 | zero-emission vehicles is needed to meet State goals, address | ||||||
22 | greenhouse gas and criteria pollutant emissions, and provide | ||||||
23 | market certainty to help prepare the grid and alternative | ||||||
24 | fueling infrastructure for the zero-emission vehicle | ||||||
25 | transition. |
| |||||||
| |||||||
1 | (b) By no later than December 1, 2025, the Illinois | ||||||
2 | Environmental Protection Agency shall adopt rules to implement | ||||||
3 | motor vehicle emission standards that are identical in | ||||||
4 | substance to the following motor vehicle emission standards in | ||||||
5 | force in California on the effective date of this amendatory | ||||||
6 | Act of the 103rd General Assembly: | ||||||
7 | (1) the zero-emission vehicle program of the advanced | ||||||
8 | clean cars II program; | ||||||
9 | (2) the low-emission vehicle program of the advanced | ||||||
10 | clean cars II program; | ||||||
11 | (3) the advanced clean trucks program; and | ||||||
12 | (4) the heavy-duty low oxides of nitrogen omnibus | ||||||
13 | program. | ||||||
14 | (c) If the California standards described in subsection | ||||||
15 | (b) are subsequently amended, the Illinois Environmental | ||||||
16 | Protection Agency shall, within 6 months of such amendment, | ||||||
17 | amend its standards to maintain consistency with the amended | ||||||
18 | California standards and Section 177 of the Clean Air Act. | ||||||
19 | (d) In adopting the standards described in subsections (b) | ||||||
20 | and (c), the Illinois Environmental Protection Agency may | ||||||
21 | incorporate the relevant California motor vehicle standards by | ||||||
22 | reference. | ||||||
23 | (625 ILCS 5/18c-1206 new) | ||||||
24 | Sec. 18c-1206. Large fleet reporting requirement. | ||||||
25 | (a) The purpose of this Section is to establish reporting |
| |||||||
| |||||||
1 | requirements for motor carriers in the State to gather data on | ||||||
2 | the transition of medium and heavy-duty vehicles to | ||||||
3 | zero-emission vehicles over time. This public data will | ||||||
4 | provide regulators and government agencies the information | ||||||
5 | necessary to identify the hardest to electrify sectors and | ||||||
6 | invest public dollars responsibly. | ||||||
7 | (b) In this Section: | ||||||
8 | "Common ownership or control" means being owned, | ||||||
9 | dispatched, or managed on a day-to-day basis by the same | ||||||
10 | person or entity. Vehicles managed by the same directors, | ||||||
11 | officers, or managers, or by distinct corporations that are | ||||||
12 | controlled by the same majority stockholders are considered to | ||||||
13 | be under common ownership or control, even if their titles are | ||||||
14 | held by different business entities or they have different | ||||||
15 | taxpayer identification numbers. Furthermore, a vehicle is | ||||||
16 | considered to be under an entity's control if that entity | ||||||
17 | operates the vehicle using that entity's State or federal | ||||||
18 | operating authority or other registration. Vehicles owned by | ||||||
19 | different entities but operated by using common or shared | ||||||
20 | resources to manage the day-to-day operations by using the | ||||||
21 | same motor carrier number, displaying the same name or logo, | ||||||
22 | or contractors who represent the same company are considered | ||||||
23 | to be under common ownership or control. Common ownership or | ||||||
24 | control of a federal government vehicle shall be the primary | ||||||
25 | responsibility of the governmental agency that is directly | ||||||
26 | responsible for the day-to-day operational control of the |
| |||||||
| |||||||
1 | vehicle. | ||||||
2 | "Drayage truck" means any in-use on-road vehicle with a | ||||||
3 | GVWR greater than 33,000 lbs. that is used for transporting | ||||||
4 | cargo, such as containerized, bulk, or break-bulk goods that: | ||||||
5 | (A) Operates on or transgresses through an Illinois | ||||||
6 | port, warehouse of 30,000 square feet or larger, or | ||||||
7 | intermodal railyard property to load, unload, or transport | ||||||
8 | cargo, including empty containers and chassis. | ||||||
9 | (B) Operates on off-port or intermodal railyard | ||||||
10 | property transporting cargo or empty containers or chassis | ||||||
11 | that originated from or is destined to a port or | ||||||
12 | intermodal railyard property. | ||||||
13 | "Drayage truck" does not include trucks that are any of | ||||||
14 | the following: | ||||||
15 | (A) Class 6 or smaller. | ||||||
16 | (B) Unibody vehicles that do not have separate tractor | ||||||
17 | and trailers and include but are not limited to dedicated | ||||||
18 | auto transports, dedicated fuel delivery vehicles, | ||||||
19 | concrete mixers, and on-road mobile cranes. | ||||||
20 | (C) Emergency vehicles. | ||||||
21 | (D) Military tactical support vehicles. | ||||||
22 | (E) Off-road vehicles such as a yard truck or a mobile | ||||||
23 | crane. | ||||||
24 | "Fleet" means one or more vehicles owned by a fleet owner | ||||||
25 | or under common ownership or control of a controlling party. | ||||||
26 | It also includes rental or leased vehicles that are considered |
| |||||||
| |||||||
1 | owned by the "fleet owner." | ||||||
2 | "Fleet owner" means the person or entity that owns the | ||||||
3 | vehicles comprising the fleet. The owner shall be presumed to | ||||||
4 | be either the person registered with the Secretary of State as | ||||||
5 | the owner or lessee of a vehicle, or its equivalent in another | ||||||
6 | state, province, or country; vehicle ownership is based on the | ||||||
7 | vehicle registration document or the vehicle title, except for | ||||||
8 | the following: | ||||||
9 | (A) For vehicles that are owned by the federal | ||||||
10 | government and not registered in any State or local | ||||||
11 | jurisdiction, the owner shall be the department, agency, | ||||||
12 | branch, or other entity of the United States, including | ||||||
13 | the United States Postal Service, to which the vehicles in | ||||||
14 | the fleet are assigned or which has responsibility for | ||||||
15 | maintenance of the vehicles. | ||||||
16 | (B) For vehicles that are rented or leased from a | ||||||
17 | business that is regularly engaged in the trade or | ||||||
18 | business of renting or leasing motor vehicles without | ||||||
19 | drivers, including truck leases that are part of a bundled | ||||||
20 | service agreement, the owner shall be presumed to be the | ||||||
21 | rental or leasing entity for purposes of compliance, | ||||||
22 | unless the rental or lease agreement for the vehicle is | ||||||
23 | for a period of one year or longer and the terms of the | ||||||
24 | rental or lease agreement or other equally reliable | ||||||
25 | evidence identifies the renting operator or lessee of the | ||||||
26 | vehicle as the party responsible for compliance with State |
| |||||||
| |||||||
1 | laws. | ||||||
2 | "Medium and Heavy-Duty Vehicle" refers to vehicles with a | ||||||
3 | gross vehicle weight rating greater than 8500 lbs. | ||||||
4 | "School bus" means every on-road motor vehicle owned or | ||||||
5 | operated by or for the transportation of persons regularly | ||||||
6 | enrolled as students in grade 12 or below in connection with | ||||||
7 | any activity of such entities as defined in Section 1-182 of | ||||||
8 | the Illinois Motor Vehicle Act. | ||||||
9 | "Transit Bus" means a bus engaged in public transportation | ||||||
10 | as defined by the Regional Transportation Authority Act. | ||||||
11 | (c) By no later than December 1, 2024, the Illinois | ||||||
12 | Commerce Commission shall adopt reporting metrics for large | ||||||
13 | medium and heavy-duty vehicle fleets operating in Illinois. | ||||||
14 | The Commission shall establish rules and processes for the | ||||||
15 | metrics and for eligible entities to report vehicle and fuel | ||||||
16 | information to inform the transition to zero-emission | ||||||
17 | vehicles. The rules must include significant public and | ||||||
18 | stakeholder engagement before finalization. The Commission | ||||||
19 | shall adhere to the following in creating the rules: | ||||||
20 | (1) Establish reporting metrics that prioritize public | ||||||
21 | health and climate outcomes for disadvantaged communities. | ||||||
22 | The final metrics shall provide useful and publicly | ||||||
23 | available information to inform State incentives, utility | ||||||
24 | planning, and infrastructure investments for the | ||||||
25 | zero-emission vehicle transition for communities most | ||||||
26 | burdened by vehicle traffic. At a minimum, required |
| |||||||
| |||||||
1 | reporting metrics must include: | ||||||
2 | (A) Fleet Size. | ||||||
3 | (B) Vehicle Body Type. | ||||||
4 | (C) Fuel Type. | ||||||
5 | (D) Vehicle Home Base. | ||||||
6 | (2) Establish eligible entities as a fleet that | ||||||
7 | operated a facility in Illinois in 2023 and met, at a | ||||||
8 | minimum, any of the following criteria: | ||||||
9 | (A) had gross annual revenues greater than | ||||||
10 | $20,000,000 in the United States for the 2023 tax | ||||||
11 | year, including revenues from all subsidiaries, | ||||||
12 | subdivisions, or branches, and had one or more | ||||||
13 | vehicles under common ownership or control that were | ||||||
14 | operated in Illinois in 2023; | ||||||
15 | (B) any fleet owner in the 2023 calendar year that | ||||||
16 | had 5 or more vehicles under common ownership or | ||||||
17 | control; | ||||||
18 | (C) any broker or entity that dispatched 5 or more | ||||||
19 | vehicles into or throughout Illinois, in the 2023 | ||||||
20 | calendar year; | ||||||
21 | (D) any State governmental agency, including all | ||||||
22 | State and local municipalities that had one or more | ||||||
23 | vehicles that were operated in Illinois in 2023; or | ||||||
24 | (E) any federal governmental agency that had one | ||||||
25 | or more vehicles that were operated in Illinois in | ||||||
26 | 2023. |
| |||||||
| |||||||
1 | (3) Establish reporting frequency of 2 years for all | ||||||
2 | eligible entities. The results of the reporting are made | ||||||
3 | publicly available in an easy to understand and anonymized | ||||||
4 | form before the subsequent reporting requirement. | ||||||
5 | (4) Establish a specific program for drayage vehicles | ||||||
6 | in this State, with a reporting frequency of one year. | ||||||
7 | (5) Provide opportunity for public comment and | ||||||
8 | engagement before each reporting period begins. | ||||||
9 | (6) Establish penalties for non-compliance. | ||||||
10 | (7) Establish a sunset provision for reporting that is | ||||||
11 | conditioned upon this State reaching 100% zero-emission | ||||||
12 | vehicles. | ||||||
13 | (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402) | ||||||
14 | Sec. 18c-7402. Safety requirements for railroad | ||||||
15 | operations. | ||||||
16 | (1) Obstruction of crossings. | ||||||
17 | (a) Obstruction of emergency vehicles. Every railroad | ||||||
18 | shall be operated in such a manner as to minimize | ||||||
19 | obstruction of emergency vehicles at crossings. Where such | ||||||
20 | obstruction occurs and the train crew is aware of the | ||||||
21 | obstruction, the train crew shall immediately take any | ||||||
22 | action, consistent with safe operating procedure, | ||||||
23 | necessary to remove the obstruction. In the Chicago and | ||||||
24 | St. Louis switching districts, every railroad dispatcher | ||||||
25 | or other person responsible for the movement of railroad |
| |||||||
| |||||||
1 | equipment in a specific area who receives notification | ||||||
2 | that railroad equipment is obstructing the movement of an | ||||||
3 | emergency vehicle at any crossing within such area shall | ||||||
4 | immediately notify the train crew through use of existing | ||||||
5 | communication facilities. Upon notification, the train | ||||||
6 | crew shall take immediate action in accordance with this | ||||||
7 | paragraph. | ||||||
8 | (b) Obstruction of highway at-grade at grade crossing | ||||||
9 | prohibited. It is unlawful for a rail carrier to permit | ||||||
10 | any train, railroad car or engine to obstruct public | ||||||
11 | travel at a railroad-highway grade crossing for a period | ||||||
12 | in excess of 10 minutes, except where such train or | ||||||
13 | railroad car is continuously moving or cannot be moved by | ||||||
14 | reason of circumstances over which the rail carrier has no | ||||||
15 | reasonable control. | ||||||
16 | In a county with a population of greater than | ||||||
17 | 1,000,000, as determined by the most recent federal | ||||||
18 | census, during the hours of 7:00 a.m. through 9:00 a.m. | ||||||
19 | and 4:00 p.m. through 6:00 p.m. it is unlawful for a rail | ||||||
20 | carrier to permit any single train or railroad car to | ||||||
21 | obstruct public travel at a railroad-highway grade | ||||||
22 | crossing in excess of a total of 10 minutes during a | ||||||
23 | 30-minute 30 minute period, except where the train or | ||||||
24 | railroad car cannot be moved by reason or circumstances | ||||||
25 | over which the rail carrier has no reasonable control. | ||||||
26 | Under no circumstances will a moving train be stopped for |
| |||||||
| |||||||
1 | the purposes of issuing a citation related to this | ||||||
2 | Section. | ||||||
3 | However, no employee acting under the rules or orders | ||||||
4 | of the rail carrier or its supervisory personnel may be | ||||||
5 | prosecuted for a violation of this subsection (b). | ||||||
6 | (c) Punishment for obstruction of grade crossing. Any | ||||||
7 | rail carrier violating paragraph (b) of this subsection | ||||||
8 | shall be guilty of a petty offense and fined not less than | ||||||
9 | $200 nor more than $500 if the duration of the obstruction | ||||||
10 | is in excess of 10 minutes but no longer than 15 minutes. | ||||||
11 | If the duration of the obstruction exceeds 15 minutes the | ||||||
12 | violation shall be a business offense and the following | ||||||
13 | fines shall be imposed: if the duration of the obstruction | ||||||
14 | is in excess of 15 minutes but no longer than 20 minutes, | ||||||
15 | the fine shall be $500; if the duration of the obstruction | ||||||
16 | is in excess of 20 minutes but no longer than 25 minutes, | ||||||
17 | the fine shall be $700; if the duration of the obstruction | ||||||
18 | is in excess of 25 minutes, but no longer than 30 minutes, | ||||||
19 | the fine shall be $900; if the duration of the obstruction | ||||||
20 | is in excess of 30 minutes but no longer than 35 minutes, | ||||||
21 | the fine shall be $1,000; if the duration of the | ||||||
22 | obstruction is in excess of 35 minutes, the fine shall be | ||||||
23 | $1,000 plus an additional $500 for each 5 minutes of | ||||||
24 | obstruction in excess of 25 minutes of obstruction. | ||||||
25 | (2) Other operational requirements. | ||||||
26 | (a) Bell and whistle-crossings. Every rail carrier |
| |||||||
| |||||||
1 | shall cause a bell, and a whistle or horn to be placed and | ||||||
2 | kept on each locomotive, and shall cause the same to be | ||||||
3 | rung or sounded by the engineer or fireman, at the | ||||||
4 | distance of at least 1,320 feet, from the place where the | ||||||
5 | railroad crosses or intersects any public highway, and | ||||||
6 | shall be kept ringing or sounding until the highway is | ||||||
7 | reached; provided that at crossings where the Commission | ||||||
8 | shall by order direct, only after a hearing has been held | ||||||
9 | to determine the public is reasonably and sufficiently | ||||||
10 | protected, the rail carrier may be excused from giving | ||||||
11 | warning provided by this paragraph. | ||||||
12 | (a-5) The requirements of paragraph (a) of this | ||||||
13 | subsection (2) regarding ringing a bell and sounding a | ||||||
14 | whistle or horn do not apply at a railroad crossing that | ||||||
15 | has a permanently installed automated audible warning | ||||||
16 | device authorized by the Commission under Section | ||||||
17 | 18c-7402.1 that sounds automatically when an approaching | ||||||
18 | train is at least 1,320 feet from the crossing and that | ||||||
19 | keeps sounding until the lead locomotive has crossed the | ||||||
20 | highway. The engineer or fireman may ring the bell or | ||||||
21 | sound the whistle or horn at a railroad crossing that has a | ||||||
22 | permanently installed audible warning device. | ||||||
23 | (b) Speed limits. Each rail carrier shall operate its | ||||||
24 | trains in compliance with speed limits set by the | ||||||
25 | Commission. The Commission may set train speed limits only | ||||||
26 | where such limits are necessitated by extraordinary |
| |||||||
| |||||||
1 | circumstances affecting the public safety, and shall | ||||||
2 | maintain such train speed limits in effect only for such | ||||||
3 | time as the extraordinary circumstances prevail. | ||||||
4 | The Commission and the Department of Transportation | ||||||
5 | shall conduct a study of the relation between train speeds | ||||||
6 | and railroad-highway grade crossing safety. The Commission | ||||||
7 | shall report the findings of the study to the General | ||||||
8 | Assembly no later than January 5, 1997. | ||||||
9 | (c) Special speed limit; pilot project. The Commission | ||||||
10 | and the Board of the Metropolitan Mobility Authority | ||||||
11 | Commuter Rail Division of the Regional Transportation | ||||||
12 | Authority shall conduct a pilot project in the Village of | ||||||
13 | Fox River Grove, the site of the fatal school bus crash at | ||||||
14 | a railroad crossing on October 25, 1995, in order to | ||||||
15 | improve railroad crossing safety. For this project, the | ||||||
16 | Commission is directed to set the maximum train speed | ||||||
17 | limit for Metropolitan Mobility Regional Transportation | ||||||
18 | Authority trains at 50 miles per hour at intersections on | ||||||
19 | that portion of the intrastate rail line located in the | ||||||
20 | Village of Fox River Grove. If the Metropolitan Mobility | ||||||
21 | Regional Transportation Authority deliberately fails to | ||||||
22 | comply with this maximum speed limit, then any entity, | ||||||
23 | governmental or otherwise, that provides capital or | ||||||
24 | operational funds to the Metropolitan Mobility Regional | ||||||
25 | Transportation Authority shall appropriately reduce or | ||||||
26 | eliminate that funding. The Commission shall report to the |
| |||||||
| |||||||
1 | Governor and the General Assembly on the results of this | ||||||
2 | pilot project in January 1999, January 2000, and January | ||||||
3 | 2001. The Commission shall also submit a final report on | ||||||
4 | the pilot project to the Governor and the General Assembly | ||||||
5 | in January 2001. The provisions of this subsection (c), | ||||||
6 | other than this sentence, are inoperative after February | ||||||
7 | 1, 2001. | ||||||
8 | (d) Freight train crew size. No rail carrier shall | ||||||
9 | operate or cause to operate a train or light engine used in | ||||||
10 | connection with the movement of freight unless it has an | ||||||
11 | operating crew consisting of at least 2 individuals. The | ||||||
12 | minimum freight train crew size indicated in this | ||||||
13 | subsection (d) shall remain in effect until a federal law | ||||||
14 | or rule encompassing the subject matter has been adopted. | ||||||
15 | The Commission, with respect to freight train crew member | ||||||
16 | size under this subsection (d), has the power to conduct | ||||||
17 | evidentiary hearings, make findings, and issue and enforce | ||||||
18 | orders, including sanctions under Section 18c-1704 of this | ||||||
19 | Chapter. As used in this subsection (d), "train or light | ||||||
20 | engine" does not include trains operated by a hostler | ||||||
21 | service or utility employees. | ||||||
22 | (3) Report and investigation of rail accidents. | ||||||
23 | (a) Reports. Every rail carrier shall report to the | ||||||
24 | Commission, by the speediest means possible, whether | ||||||
25 | telephone, telegraph, or otherwise, every accident | ||||||
26 | involving its equipment, track, or other property which |
| |||||||
| |||||||
1 | resulted in loss of life to any person. In addition, such | ||||||
2 | carriers shall file a written report with the Commission. | ||||||
3 | Reports submitted under this paragraph shall be strictly | ||||||
4 | confidential, shall be specifically prohibited from | ||||||
5 | disclosure, and shall not be admissible in any | ||||||
6 | administrative or judicial proceeding relating to the | ||||||
7 | accidents reported. | ||||||
8 | (b) Investigations. The Commission may investigate all | ||||||
9 | railroad accidents reported to it or of which it acquires | ||||||
10 | knowledge independent of reports made by rail carriers, | ||||||
11 | and shall have the power, consistent with standards and | ||||||
12 | procedures established under the Federal Railroad Safety | ||||||
13 | Act, as amended, to enter such temporary orders as will | ||||||
14 | minimize the risk of future accidents pending notice, | ||||||
15 | hearing, and final action by the Commission. | ||||||
16 | (Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23 .) | ||||||
17 | Section 20.44. The Criminal Code of 2012 is amended by | ||||||
18 | changing Section 21-5 as follows: | ||||||
19 | (720 ILCS 5/21-5) (from Ch. 38, par. 21-5) | ||||||
20 | Sec. 21-5. Criminal trespass to State supported land. | ||||||
21 | (a) A person commits criminal trespass to State supported | ||||||
22 | land when he or she enters upon land supported in whole or in | ||||||
23 | part with State funds, or federal funds administered or | ||||||
24 | granted through State agencies or any building on the land, |
| |||||||
| |||||||
1 | after receiving, prior to the entry, notice from the State or | ||||||
2 | its representative that the entry is forbidden, or remains | ||||||
3 | upon the land or in the building after receiving notice from | ||||||
4 | the State or its representative to depart, and who thereby | ||||||
5 | interferes with another person's lawful use or enjoyment of | ||||||
6 | the building or land. | ||||||
7 | A person has received notice from the State within the | ||||||
8 | meaning of this subsection if he or she has been notified | ||||||
9 | personally, either orally or in writing, or if a printed or | ||||||
10 | written notice forbidding entry to him or her or a group of | ||||||
11 | which he or she is a part, has been conspicuously posted or | ||||||
12 | exhibited at the main entrance to the land or the forbidden | ||||||
13 | part thereof. | ||||||
14 | (a-5) A person commits criminal trespass to State | ||||||
15 | supported land when he or she enters upon a right-of-way right | ||||||
16 | of way , including facilities and improvements thereon, owned, | ||||||
17 | leased, or otherwise used by a public body or district | ||||||
18 | organized under the Metropolitan Transit Authority Act, the | ||||||
19 | Local Mass Transit District Act , or the Metropolitan Mobility | ||||||
20 | Regional Transportation Authority Act, after receiving, prior | ||||||
21 | to the entry, notice from the public body or district, or its | ||||||
22 | representative, that the entry is forbidden, or the person | ||||||
23 | remains upon the right-of-way right of way after receiving | ||||||
24 | notice from the public body or district, or its | ||||||
25 | representative, to depart, and in either of these instances | ||||||
26 | intends to compromise public safety by causing a delay in |
| |||||||
| |||||||
1 | transit service lasting more than 15 minutes or destroying | ||||||
2 | property. | ||||||
3 | A person has received notice from the public body or | ||||||
4 | district within the meaning of this subsection if he or she has | ||||||
5 | been notified personally, either orally or in writing, or if a | ||||||
6 | printed or written notice forbidding entry to him or her has | ||||||
7 | been conspicuously posted or exhibited at any point of | ||||||
8 | entrance to the right-of-way right of way or the forbidden | ||||||
9 | part of the right-of-way right of way . | ||||||
10 | As used in this subsection (a-5), " right-of-way right of | ||||||
11 | way " has the meaning ascribed to it in Section 18c-7502 of the | ||||||
12 | Illinois Vehicle Code. | ||||||
13 | (b) A person commits criminal trespass to State supported | ||||||
14 | land when he or she enters upon land supported in whole or in | ||||||
15 | part with State funds, or federal funds administered or | ||||||
16 | granted through State agencies or any building on the land by | ||||||
17 | presenting false documents or falsely representing his or her | ||||||
18 | identity orally to the State or its representative in order to | ||||||
19 | obtain permission from the State or its representative to | ||||||
20 | enter the building or land; or remains upon the land or in the | ||||||
21 | building by presenting false documents or falsely representing | ||||||
22 | his or her identity orally to the State or its representative | ||||||
23 | in order to remain upon the land or in the building, and who | ||||||
24 | thereby interferes with another person's lawful use or | ||||||
25 | enjoyment of the building or land. | ||||||
26 | This subsection does not apply to a peace officer or other |
| |||||||
| |||||||
1 | official of a unit of government who enters upon land | ||||||
2 | supported in whole or in part with State funds, or federal | ||||||
3 | funds administered or granted through State agencies or any | ||||||
4 | building on the land in the performance of his or her official | ||||||
5 | duties. | ||||||
6 | (c) Sentence. Criminal trespass to State supported land is | ||||||
7 | a Class A misdemeanor, except a violation of subsection (a-5) | ||||||
8 | of this Section is a Class A misdemeanor for a first violation | ||||||
9 | and a Class 4 felony for a second or subsequent violation. | ||||||
10 | (Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15 .) | ||||||
11 | Section 20.45. The Eminent Domain Act is amended by | ||||||
12 | changing Section 15-5-15 and adding Section 15-5-49 as | ||||||
13 | follows: | ||||||
14 | (735 ILCS 30/15-5-15) | ||||||
15 | Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 | ||||||
16 | through 75. The following provisions of law may include | ||||||
17 | express grants of the power to acquire property by | ||||||
18 | condemnation or eminent domain: | ||||||
19 | (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport | ||||||
20 | authorities; for public airport facilities. | ||||||
21 | (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport | ||||||
22 | authorities; for removal of airport hazards. | ||||||
23 | (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport |
| |||||||
| |||||||
1 | authorities; for reduction of the height of objects or | ||||||
2 | structures. | ||||||
3 | (70 ILCS 10/4); Interstate Airport Authorities Act; interstate | ||||||
4 | airport authorities; for general purposes. | ||||||
5 | (70 ILCS 15/3); Kankakee River Valley Area Airport Authority | ||||||
6 | Act; Kankakee River Valley Area Airport Authority; for | ||||||
7 | acquisition of land for airports. | ||||||
8 | (70 ILCS 200/2-20); Civic Center Code; civic center | ||||||
9 | authorities; for grounds, centers, buildings, and parking. | ||||||
10 | (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center | ||||||
11 | Authority; for grounds, centers, buildings, and parking. | ||||||
12 | (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan | ||||||
13 | Exposition, Auditorium and Office Building Authority; for | ||||||
14 | grounds, centers, buildings, and parking. | ||||||
15 | (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center | ||||||
16 | Authority; for grounds, centers, buildings, and parking. | ||||||
17 | (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic | ||||||
18 | Center Authority; for grounds, centers, buildings, and | ||||||
19 | parking. | ||||||
20 | (70 ILCS 200/35-35); Civic Center Code; Brownstown Park | ||||||
21 | District Civic Center Authority; for grounds, centers, | ||||||
22 | buildings, and parking. | ||||||
23 | (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic | ||||||
24 | Center Authority; for grounds, centers, buildings, and | ||||||
25 | parking. | ||||||
26 | (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic |
| |||||||
| |||||||
1 | Center Authority; for grounds, centers, buildings, and | ||||||
2 | parking. | ||||||
3 | (70 ILCS 200/60-30); Civic Center Code; Collinsville | ||||||
4 | Metropolitan Exposition, Auditorium and Office Building | ||||||
5 | Authority; for grounds, centers, buildings, and parking. | ||||||
6 | (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic | ||||||
7 | Center Authority; for grounds, centers, buildings, and | ||||||
8 | parking. | ||||||
9 | (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan | ||||||
10 | Exposition, Auditorium and Office Building Authority; for | ||||||
11 | grounds, centers, buildings, and parking. | ||||||
12 | (70 ILCS 200/80-15); Civic Center Code; DuPage County | ||||||
13 | Metropolitan Exposition, Auditorium and Office Building | ||||||
14 | Authority; for grounds, centers, buildings, and parking. | ||||||
15 | (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan | ||||||
16 | Exposition, Auditorium and Office Building Authority; for | ||||||
17 | grounds, centers, buildings, and parking. | ||||||
18 | (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan | ||||||
19 | Exposition, Auditorium and Office Building Authority; for | ||||||
20 | grounds, centers, buildings, and parking. | ||||||
21 | (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic | ||||||
22 | Center Authority; for grounds, centers, buildings, and | ||||||
23 | parking. | ||||||
24 | (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic | ||||||
25 | Center Authority; for grounds, centers, buildings, and | ||||||
26 | parking. |
| |||||||
| |||||||
1 | (70 ILCS 200/120-25); Civic Center Code; Jefferson County | ||||||
2 | Metropolitan Exposition, Auditorium and Office Building | ||||||
3 | Authority; for grounds, centers, buildings, and parking. | ||||||
4 | (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County | ||||||
5 | Civic Center Authority; for grounds, centers, buildings, | ||||||
6 | and parking. | ||||||
7 | (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham | ||||||
8 | Metropolitan Exposition, Auditorium and Office Building | ||||||
9 | Authority; for grounds, centers, buildings, and parking. | ||||||
10 | (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center | ||||||
11 | Authority; for grounds, centers, buildings, and parking. | ||||||
12 | (70 ILCS 200/150-35); Civic Center Code; Mason County Civic | ||||||
13 | Center Authority; for grounds, centers, buildings, and | ||||||
14 | parking. | ||||||
15 | (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan | ||||||
16 | Civic Center Authority; for grounds, centers, buildings, | ||||||
17 | and parking. | ||||||
18 | (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center | ||||||
19 | Authority; for grounds, centers, buildings, and parking. | ||||||
20 | (70 ILCS 200/165-35); Civic Center Code; Melrose Park | ||||||
21 | Metropolitan Exposition Auditorium and Office Building | ||||||
22 | Authority; for grounds, centers, buildings, and parking. | ||||||
23 | (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan | ||||||
24 | Exposition, Auditorium and Office Building Authorities; | ||||||
25 | for general purposes. | ||||||
26 | (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center |
| |||||||
| |||||||
1 | Authority; for grounds, centers, buildings, and parking. | ||||||
2 | (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center | ||||||
3 | Authority; for grounds, centers, buildings, and parking. | ||||||
4 | (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center | ||||||
5 | Authority; for grounds, centers, buildings, and parking. | ||||||
6 | (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center | ||||||
7 | Authority; for grounds, centers, buildings, and parking. | ||||||
8 | (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center | ||||||
9 | Authority; for grounds, centers, buildings, and parking. | ||||||
10 | (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center | ||||||
11 | Authority; for grounds, centers, buildings, and parking. | ||||||
12 | (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City | ||||||
13 | Civic Center Authority; for grounds, centers, buildings, | ||||||
14 | and parking. | ||||||
15 | (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan | ||||||
16 | Exposition, Auditorium and Office Building Authority; for | ||||||
17 | grounds, centers, buildings, and parking. | ||||||
18 | (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic | ||||||
19 | Center Authority; for grounds, centers, buildings, and | ||||||
20 | parking. | ||||||
21 | (70 ILCS 200/230-35); Civic Center Code; River Forest | ||||||
22 | Metropolitan Exposition, Auditorium and Office Building | ||||||
23 | Authority; for grounds, centers, buildings, and parking. | ||||||
24 | (70 ILCS 200/235-40); Civic Center Code; Riverside Civic | ||||||
25 | Center Authority; for grounds, centers, buildings, and | ||||||
26 | parking. |
| |||||||
| |||||||
1 | (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center | ||||||
2 | Authority; for grounds, centers, buildings, and parking. | ||||||
3 | (70 ILCS 200/255-20); Civic Center Code; Springfield | ||||||
4 | Metropolitan Exposition and Auditorium Authority; for | ||||||
5 | grounds, centers, and parking. | ||||||
6 | (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan | ||||||
7 | Exposition, Auditorium and Office Building Authority; for | ||||||
8 | grounds, centers, buildings, and parking. | ||||||
9 | (70 ILCS 200/265-20); Civic Center Code; Vermilion County | ||||||
10 | Metropolitan Exposition, Auditorium and Office Building | ||||||
11 | Authority; for grounds, centers, buildings, and parking. | ||||||
12 | (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center | ||||||
13 | Authority; for grounds, centers, buildings, and parking. | ||||||
14 | (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic | ||||||
15 | Center Authority; for grounds, centers, buildings, and | ||||||
16 | parking. | ||||||
17 | (70 ILCS 200/280-20); Civic Center Code; Will County | ||||||
18 | Metropolitan Exposition and Auditorium Authority; for | ||||||
19 | grounds, centers, and parking. | ||||||
20 | (70 ILCS 210/5); Metropolitan Pier and Exposition Authority | ||||||
21 | Act; Metropolitan Pier and Exposition Authority; for | ||||||
22 | general purposes, including quick-take power. | ||||||
23 | (70 ILCS 405/22.04); Soil and Water Conservation Districts | ||||||
24 | Act; soil and water conservation districts; for general | ||||||
25 | purposes. | ||||||
26 | (70 ILCS 410/10 and 410/12); Conservation District Act; |
| |||||||
| |||||||
1 | conservation districts; for open space, wildland, scenic | ||||||
2 | roadway, pathway, outdoor recreation, or other | ||||||
3 | conservation benefits. | ||||||
4 | (70 ILCS 503/25); Chanute-Rantoul National Aviation Center | ||||||
5 | Redevelopment Commission Act; Chanute-Rantoul National | ||||||
6 | Aviation Center Redevelopment Commission; for general | ||||||
7 | purposes. | ||||||
8 | (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act; | ||||||
9 | Fort Sheridan Redevelopment Commission; for general | ||||||
10 | purposes or to carry out comprehensive or redevelopment | ||||||
11 | plans. | ||||||
12 | (70 ILCS 520/8); Southwestern Illinois Development Authority | ||||||
13 | Act; Southwestern Illinois Development Authority; for | ||||||
14 | general purposes, including quick-take power. | ||||||
15 | (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code; | ||||||
16 | drainage districts; for general purposes. | ||||||
17 | (70 ILCS 615/5 and 615/6); Chicago Drainage District Act; | ||||||
18 | corporate authorities; for construction and maintenance of | ||||||
19 | works. | ||||||
20 | (70 ILCS 705/10); Fire Protection District Act; fire | ||||||
21 | protection districts; for general purposes. | ||||||
22 | (70 ILCS 750/20); Flood Prevention District Act; flood | ||||||
23 | prevention districts; for general purposes. | ||||||
24 | (70 ILCS 805/6); Downstate Forest Preserve District Act; | ||||||
25 | certain forest preserve districts; for general purposes. | ||||||
26 | (70 ILCS 805/18.8); Downstate Forest Preserve District Act; |
| |||||||
| |||||||
1 | certain forest preserve districts; for recreational and | ||||||
2 | cultural facilities. | ||||||
3 | (70 ILCS 810/8); Cook County Forest Preserve District Act; | ||||||
4 | Forest Preserve District of Cook County; for general | ||||||
5 | purposes. | ||||||
6 | (70 ILCS 810/38); Cook County Forest Preserve District Act; | ||||||
7 | Forest Preserve District of Cook County; for recreational | ||||||
8 | facilities. | ||||||
9 | (70 ILCS 910/15 and 910/16); Hospital District Law; hospital | ||||||
10 | districts; for hospitals or hospital facilities. | ||||||
11 | (70 ILCS 915/3); Illinois Medical District Act; Illinois | ||||||
12 | Medical District Commission; for general purposes. | ||||||
13 | (70 ILCS 915/4.5); Illinois Medical District Act; Illinois | ||||||
14 | Medical District Commission; quick-take power for the | ||||||
15 | Illinois State Police Forensic Science Laboratory | ||||||
16 | (obsolete). | ||||||
17 | (70 ILCS 920/5); Tuberculosis Sanitarium District Act; | ||||||
18 | tuberculosis sanitarium districts; for tuberculosis | ||||||
19 | sanitariums. | ||||||
20 | (70 ILCS 925/20); Mid-Illinois Medical District Act; | ||||||
21 | Mid-Illinois Medical District; for general purposes. | ||||||
22 | (70 ILCS 930/20); Mid-America Medical District Act; | ||||||
23 | Mid-America Medical District Commission; for general | ||||||
24 | purposes. | ||||||
25 | (70 ILCS 935/20); Roseland Community Medical District Act; | ||||||
26 | medical district; for general purposes. |
| |||||||
| |||||||
1 | (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito | ||||||
2 | abatement districts; for general purposes. | ||||||
3 | (70 ILCS 1105/8); Museum District Act; museum districts; for | ||||||
4 | general purposes. | ||||||
5 | (70 ILCS 1205/7-1); Park District Code; park districts; for | ||||||
6 | streets and other purposes. | ||||||
7 | (70 ILCS 1205/8-1); Park District Code; park districts; for | ||||||
8 | parks. | ||||||
9 | (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park | ||||||
10 | districts; for airports and landing fields. | ||||||
11 | (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park | ||||||
12 | districts; for State land abutting public water and | ||||||
13 | certain access rights. | ||||||
14 | (70 ILCS 1205/11.1-3); Park District Code; park districts; for | ||||||
15 | harbors. | ||||||
16 | (70 ILCS 1225/2); Park Commissioners Land Condemnation Act; | ||||||
17 | park districts; for street widening. | ||||||
18 | (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water | ||||||
19 | Control Act; park districts; for parks, boulevards, | ||||||
20 | driveways, parkways, viaducts, bridges, or tunnels. | ||||||
21 | (70 ILCS 1250/2); Park Commissioners Street Control (1889) | ||||||
22 | Act; park districts; for boulevards or driveways. | ||||||
23 | (70 ILCS 1290/1); Park District Aquarium and Museum Act; | ||||||
24 | municipalities or park districts; for aquariums or | ||||||
25 | museums. | ||||||
26 | (70 ILCS 1305/2); Park District Airport Zoning Act; park |
| |||||||
| |||||||
1 | districts; for restriction of the height of structures. | ||||||
2 | (70 ILCS 1310/5); Park District Elevated Highway Act; park | ||||||
3 | districts; for elevated highways. | ||||||
4 | (70 ILCS 1505/15); Chicago Park District Act; Chicago Park | ||||||
5 | District; for parks and other purposes. | ||||||
6 | (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park | ||||||
7 | District; for parking lots or garages. | ||||||
8 | (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park | ||||||
9 | District; for harbors. | ||||||
10 | (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation | ||||||
11 | Act; Lincoln Park Commissioners; for land and interests in | ||||||
12 | land, including riparian rights. | ||||||
13 | (70 ILCS 1801/30); Alexander-Cairo Port District Act; | ||||||
14 | Alexander-Cairo Port District; for general purposes. | ||||||
15 | (70 ILCS 1805/8); Havana Regional Port District Act; Havana | ||||||
16 | Regional Port District; for general purposes. | ||||||
17 | (70 ILCS 1810/7); Illinois International Port District Act; | ||||||
18 | Illinois International Port District; for general | ||||||
19 | purposes. | ||||||
20 | (70 ILCS 1815/13); Illinois Valley Regional Port District Act; | ||||||
21 | Illinois Valley Regional Port District; for general | ||||||
22 | purposes. | ||||||
23 | (70 ILCS 1820/4); Jackson-Union Counties Regional Port | ||||||
24 | District Act; Jackson-Union Counties Regional Port | ||||||
25 | District; for removal of airport hazards or reduction of | ||||||
26 | the height of objects or structures. |
| |||||||
| |||||||
1 | (70 ILCS 1820/5); Jackson-Union Counties Regional Port | ||||||
2 | District Act; Jackson-Union Counties Regional Port | ||||||
3 | District; for general purposes. | ||||||
4 | (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet | ||||||
5 | Regional Port District; for removal of airport hazards. | ||||||
6 | (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet | ||||||
7 | Regional Port District; for reduction of the height of | ||||||
8 | objects or structures. | ||||||
9 | (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet | ||||||
10 | Regional Port District; for removal of hazards from ports | ||||||
11 | and terminals. | ||||||
12 | (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet | ||||||
13 | Regional Port District; for general purposes. | ||||||
14 | (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act; | ||||||
15 | Kaskaskia Regional Port District; for removal of hazards | ||||||
16 | from ports and terminals. | ||||||
17 | (70 ILCS 1830/14); Kaskaskia Regional Port District Act; | ||||||
18 | Kaskaskia Regional Port District; for general purposes. | ||||||
19 | (70 ILCS 1831/30); Massac-Metropolis Port District Act; | ||||||
20 | Massac-Metropolis Port District; for general purposes. | ||||||
21 | (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; | ||||||
22 | Mt. Carmel Regional Port District; for removal of airport | ||||||
23 | hazards. | ||||||
24 | (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; | ||||||
25 | Mt. Carmel Regional Port District; for reduction of the | ||||||
26 | height of objects or structures. |
| |||||||
| |||||||
1 | (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt. | ||||||
2 | Carmel Regional Port District; for general purposes. | ||||||
3 | (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port | ||||||
4 | District; for general purposes. | ||||||
5 | (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca | ||||||
6 | Regional Port District; for removal of airport hazards. | ||||||
7 | (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca | ||||||
8 | Regional Port District; for reduction of the height of | ||||||
9 | objects or structures. | ||||||
10 | (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca | ||||||
11 | Regional Port District; for general purposes. | ||||||
12 | (70 ILCS 1850/4); Shawneetown Regional Port District Act; | ||||||
13 | Shawneetown Regional Port District; for removal of airport | ||||||
14 | hazards or reduction of the height of objects or | ||||||
15 | structures. | ||||||
16 | (70 ILCS 1850/5); Shawneetown Regional Port District Act; | ||||||
17 | Shawneetown Regional Port District; for general purposes. | ||||||
18 | (70 ILCS 1855/4); Southwest Regional Port District Act; | ||||||
19 | Southwest Regional Port District; for removal of airport | ||||||
20 | hazards or reduction of the height of objects or | ||||||
21 | structures. | ||||||
22 | (70 ILCS 1855/5); Southwest Regional Port District Act; | ||||||
23 | Southwest Regional Port District; for general purposes. | ||||||
24 | (70 ILCS 1860/4); Tri-City Regional Port District Act; | ||||||
25 | Tri-City Regional Port District; for removal of airport | ||||||
26 | hazards. |
| |||||||
| |||||||
1 | (70 ILCS 1860/5); Tri-City Regional Port District Act; | ||||||
2 | Tri-City Regional Port District; for the development of | ||||||
3 | facilities. | ||||||
4 | (70 ILCS 1863/11); Upper Mississippi River International Port | ||||||
5 | District Act; Upper Mississippi River International Port | ||||||
6 | District; for general purposes. | ||||||
7 | (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port | ||||||
8 | District; for removal of airport hazards. | ||||||
9 | (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port | ||||||
10 | District; for restricting the height of objects or | ||||||
11 | structures. | ||||||
12 | (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port | ||||||
13 | District; for the development of facilities. | ||||||
14 | (70 ILCS 1870/8); White County Port District Act; White County | ||||||
15 | Port District; for the development of facilities. | ||||||
16 | (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad | ||||||
17 | Terminal Authority (Chicago); for general purposes. | ||||||
18 | (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority | ||||||
19 | Act; Grand Avenue Railroad Relocation Authority; for | ||||||
20 | general purposes, including quick-take power (now | ||||||
21 | obsolete). | ||||||
22 | (70 ILCS 1935/25); Elmwood Park Grade Separation Authority | ||||||
23 | Act; Elmwood Park Grade Separation Authority; for general | ||||||
24 | purposes. | ||||||
25 | (70 ILCS 2105/9b); River Conservancy Districts Act; river | ||||||
26 | conservancy districts; for general purposes. |
| |||||||
| |||||||
1 | (70 ILCS 2105/10a); River Conservancy Districts Act; river | ||||||
2 | conservancy districts; for corporate purposes. | ||||||
3 | (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary | ||||||
4 | districts; for corporate purposes. | ||||||
5 | (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary | ||||||
6 | districts; for improvements and works. | ||||||
7 | (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary | ||||||
8 | districts; for access to property. | ||||||
9 | (70 ILCS 2305/8); North Shore Water Reclamation District Act; | ||||||
10 | North Shore Water Reclamation District; for corporate | ||||||
11 | purposes. | ||||||
12 | (70 ILCS 2305/15); North Shore Water Reclamation District Act; | ||||||
13 | North Shore Water Reclamation District; for improvements. | ||||||
14 | (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary | ||||||
15 | District of Decatur; for carrying out agreements to sell, | ||||||
16 | convey, or disburse treated wastewater to a private | ||||||
17 | entity. | ||||||
18 | (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary | ||||||
19 | districts; for corporate purposes. | ||||||
20 | (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary | ||||||
21 | districts; for improvements. | ||||||
22 | (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of | ||||||
23 | 1917; sanitary districts; for waterworks. | ||||||
24 | (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary | ||||||
25 | districts; for public sewer and water utility treatment | ||||||
26 | works. |
| |||||||
| |||||||
1 | (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary | ||||||
2 | districts; for dams or other structures to regulate water | ||||||
3 | flow. | ||||||
4 | (70 ILCS 2605/8); Metropolitan Water Reclamation District Act; | ||||||
5 | Metropolitan Water Reclamation District; for corporate | ||||||
6 | purposes. | ||||||
7 | (70 ILCS 2605/16); Metropolitan Water Reclamation District | ||||||
8 | Act; Metropolitan Water Reclamation District; quick-take | ||||||
9 | power for improvements. | ||||||
10 | (70 ILCS 2605/17); Metropolitan Water Reclamation District | ||||||
11 | Act; Metropolitan Water Reclamation District; for bridges. | ||||||
12 | (70 ILCS 2605/35); Metropolitan Water Reclamation District | ||||||
13 | Act; Metropolitan Water Reclamation District; for widening | ||||||
14 | and deepening a navigable stream. | ||||||
15 | (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary | ||||||
16 | districts; for corporate purposes. | ||||||
17 | (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary | ||||||
18 | districts; for improvements. | ||||||
19 | (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of | ||||||
20 | 1936; sanitary districts; for drainage systems. | ||||||
21 | (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary | ||||||
22 | districts; for dams or other structures to regulate water | ||||||
23 | flow. | ||||||
24 | (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary | ||||||
25 | districts; for water supply. | ||||||
26 | (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary |
| |||||||
| |||||||
1 | districts; for waterworks. | ||||||
2 | (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974; | ||||||
3 | Metro-East Sanitary District; for corporate purposes. | ||||||
4 | (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974; | ||||||
5 | Metro-East Sanitary District; for access to property. | ||||||
6 | (70 ILCS 3010/10); Sanitary District Revenue Bond Act; | ||||||
7 | sanitary districts; for sewerage systems. | ||||||
8 | (70 ILCS 3205/12); Illinois Sports Facilities Authority Act; | ||||||
9 | Illinois Sports Facilities Authority; quick-take power for | ||||||
10 | its corporate purposes (obsolete). | ||||||
11 | (70 ILCS 3405/16); Surface Water Protection District Act; | ||||||
12 | surface water protection districts; for corporate | ||||||
13 | purposes. | ||||||
14 | (70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago | ||||||
15 | Transit Authority; for transportation systems. | ||||||
16 | (70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago | ||||||
17 | Transit Authority; for general purposes. | ||||||
18 | (70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago | ||||||
19 | Transit Authority; for general purposes, including | ||||||
20 | railroad property. | ||||||
21 | (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act; | ||||||
22 | local mass transit districts; for general purposes. | ||||||
23 | (70 ILCS 3615/2.13); Regional Transportation Authority Act; | ||||||
24 | Regional Transportation Authority; for general purposes. | ||||||
25 | (70 ILCS 3705/8 and 3705/12); Public Water District Act; | ||||||
26 | public water districts; for waterworks. |
| |||||||
| |||||||
1 | (70 ILCS 3705/23a); Public Water District Act; public water | ||||||
2 | districts; for sewerage properties. | ||||||
3 | (70 ILCS 3705/23e); Public Water District Act; public water | ||||||
4 | districts; for combined waterworks and sewerage systems. | ||||||
5 | (70 ILCS 3715/6); Water Authorities Act; water authorities; | ||||||
6 | for facilities to ensure adequate water supply. | ||||||
7 | (70 ILCS 3715/27); Water Authorities Act; water authorities; | ||||||
8 | for access to property. | ||||||
9 | (75 ILCS 5/4-7); Illinois Local Library Act; boards of library | ||||||
10 | trustees; for library buildings. | ||||||
11 | (75 ILCS 16/30-55.80); Public Library District Act of 1991; | ||||||
12 | public library districts; for general purposes. | ||||||
13 | (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate | ||||||
14 | authorities of city or park district, or board of park | ||||||
15 | commissioners; for free public library buildings. | ||||||
16 | (Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff. | ||||||
17 | 7-16-14; 99-669, eff. 7-29-16.) | ||||||
18 | (735 ILCS 30/15-5-49 new) | ||||||
19 | Sec. 15-5-49. Eminent domain powers in new Acts. The | ||||||
20 | following provisions of law may include express grants of the | ||||||
21 | power to acquire property by condemnation or eminent domain: | ||||||
22 | Metropolitan Mobility Authority Act; Metropolitan Mobility | ||||||
23 | Authority; for general purposes. |
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| |||||||
1 | Section 20.46. The Local Governmental and Governmental | ||||||
2 | Employees Tort Immunity Act is amended by changing Section | ||||||
3 | 2-101 as follows: | ||||||
4 | (745 ILCS 10/2-101) (from Ch. 85, par. 2-101) | ||||||
5 | Sec. 2-101. Nothing in this Act affects the right to | ||||||
6 | obtain relief other than damages against a local public entity | ||||||
7 | or public employee. Nothing in this Act affects the liability, | ||||||
8 | if any, of a local public entity or public employee, based on: | ||||||
9 | a contract; | ||||||
10 | b operation as a common carrier; and this Act does not | ||||||
11 | apply to any entity organized under or subject to the | ||||||
12 | Metropolitan Mobility "Metropolitan Transit Authority Act ", | ||||||
13 | approved April 12, 1945, as amended ; | ||||||
14 | c The "Workers' Compensation Act", approved July 9, 1951, | ||||||
15 | as heretofore or hereafter amended; | ||||||
16 | d The "Workers' Occupational Diseases Act", approved July | ||||||
17 | 9, 1951, as heretofore or hereafter amended; | ||||||
18 | e Section 1-4-7 of the "Illinois Municipal Code", approved | ||||||
19 | May 29, 1961, as heretofore or hereafter amended. | ||||||
20 | f The "Illinois Uniform Conviction Information Act", | ||||||
21 | enacted by the 85th General Assembly, as heretofore or | ||||||
22 | hereafter amended. | ||||||
23 | (Source: P.A. 85-922.) | ||||||
24 | Section 20.47. The Illinois Wage Payment and Collection |
| |||||||
| |||||||
1 | Act is amended by changing Section 9 as follows: | ||||||
2 | (820 ILCS 115/9) (from Ch. 48, par. 39m-9) | ||||||
3 | Sec. 9. Except as hereinafter provided, deductions by | ||||||
4 | employers from wages or final compensation are prohibited | ||||||
5 | unless such deductions are (1) required by law; (2) to the | ||||||
6 | benefit of the employee; (3) in response to a valid wage | ||||||
7 | assignment or wage deduction order; (4) made with the express | ||||||
8 | written consent of the employee, given freely at the time the | ||||||
9 | deduction is made; (5) made by a municipality with a | ||||||
10 | population of 500,000 or more, a county with a population of | ||||||
11 | 3,000,000 or more, a community college district in a city with | ||||||
12 | a population of 500,000 or more, a housing authority in a | ||||||
13 | municipality with a population of 500,000 or more, the Chicago | ||||||
14 | Park District, the Metropolitan Mobility Metropolitan Transit | ||||||
15 | Authority, the Chicago Board of Education, the Cook County | ||||||
16 | Forest Preserve District, or the Metropolitan Water | ||||||
17 | Reclamation District to pay a debt owed by the employee to a | ||||||
18 | municipality with a population of 500,000 or more, a county | ||||||
19 | with a population of 3,000,000 or more, the Cook County Forest | ||||||
20 | Preserve, the Chicago Park District, the Metropolitan Water | ||||||
21 | Reclamation District, the Chicago Transit Authority, the | ||||||
22 | Chicago Board of Education, or a housing authority of a | ||||||
23 | municipality with a population of 500,000 or more; provided, | ||||||
24 | however, that the amount deducted from any one salary or wage | ||||||
25 | payment shall not exceed 25% of the net amount of the payment; |
| |||||||
| |||||||
1 | or (6) made by a housing authority in a municipality with a | ||||||
2 | population of 500,000 or more or a municipality with a | ||||||
3 | population of 500,000 or more to pay a debt owed by the | ||||||
4 | employee to a housing authority in a municipality with a | ||||||
5 | population of 500,000 or more; provided, however, that the | ||||||
6 | amount deducted from any one salary or wage payment shall not | ||||||
7 | exceed 25% of the net amount of the payment. Before the | ||||||
8 | municipality with a population of 500,000 or more, the | ||||||
9 | community college district in a city with a population of | ||||||
10 | 500,000 or more, the Chicago Park District, the Metropolitan | ||||||
11 | Mobility Metropolitan Transit Authority, a housing authority | ||||||
12 | in a municipality with a population of 500,000 or more, the | ||||||
13 | Chicago Board of Education, the county with a population of | ||||||
14 | 3,000,000 or more, the Cook County Forest Preserve District, | ||||||
15 | or the Metropolitan Water Reclamation District deducts any | ||||||
16 | amount from any salary or wage of an employee to pay a debt | ||||||
17 | owed to a municipality with a population of 500,000 or more, a | ||||||
18 | county with a population of 3,000,000 or more, the Cook County | ||||||
19 | Forest Preserve District, the Chicago Park District, the | ||||||
20 | Metropolitan Water Reclamation District, the Chicago Transit | ||||||
21 | Authority, the Chicago Board of Education, or a housing | ||||||
22 | authority of a municipality with a population of 500,000 or | ||||||
23 | more under this Section, the municipality, the county, the | ||||||
24 | Cook County Forest Preserve District, the Chicago Park | ||||||
25 | District, the Metropolitan Water Reclamation District, the | ||||||
26 | Chicago Transit Authority, the Chicago Board of Education, or |
| |||||||
| |||||||
1 | a housing authority of a municipality with a population of | ||||||
2 | 500,000 or more shall certify that (i) the employee has been | ||||||
3 | afforded an opportunity for a hearing to dispute the debt that | ||||||
4 | is due and owing the municipality, the county, the Cook County | ||||||
5 | Forest Preserve District, the Chicago Park District, the | ||||||
6 | Metropolitan Water Reclamation District, the Chicago Transit | ||||||
7 | Authority, the Chicago Board of Education, or a housing | ||||||
8 | authority of a municipality with a population of 500,000 or | ||||||
9 | more and (ii) the employee has received notice of a wage | ||||||
10 | deduction order and has been afforded an opportunity for a | ||||||
11 | hearing to object to the order. Before a housing authority in a | ||||||
12 | municipality with a population of 500,000 or more or a | ||||||
13 | municipality with a population of 500,000 or more, a county | ||||||
14 | with a population of 3,000,000 or more, the Cook County Forest | ||||||
15 | Preserve District, the Chicago Park District, the Metropolitan | ||||||
16 | Water Reclamation District, the Chicago Transit Authority, the | ||||||
17 | Chicago Board of Education, or a housing authority of a | ||||||
18 | municipality with a population of 500,000 or more deducts any | ||||||
19 | amount from any salary or wage of an employee to pay a debt | ||||||
20 | owed to a housing authority in a municipality with a | ||||||
21 | population of 500,000 or more under this Section, the housing | ||||||
22 | authority shall certify that (i) the employee has been | ||||||
23 | afforded an opportunity for a hearing to dispute the debt that | ||||||
24 | is due and owing the housing authority and (ii) the employee | ||||||
25 | has received notice of a wage deduction order and has been | ||||||
26 | afforded an opportunity for a hearing to object to the order. |
| |||||||
| |||||||
1 | For purposes of this Section, "net amount" means that part of | ||||||
2 | the salary or wage payment remaining after the deduction of | ||||||
3 | any amounts required by law to be deducted and "debt due and | ||||||
4 | owing" means (i) a specified sum of money owed to the | ||||||
5 | municipality, county, the Cook County Forest Preserve | ||||||
6 | District, the Chicago Park District, the Metropolitan Water | ||||||
7 | Reclamation District, the Chicago Transit Authority, the | ||||||
8 | Chicago Board of Education, or housing authority for services, | ||||||
9 | work, or goods, after the period granted for payment has | ||||||
10 | expired, or (ii) a specified sum of money owed to the | ||||||
11 | municipality, county, the Cook County Forest Preserve | ||||||
12 | District, the Chicago Park District, the Metropolitan Water | ||||||
13 | Reclamation District, the Chicago Transit Authority, the | ||||||
14 | Chicago Board of Education or housing authority pursuant to a | ||||||
15 | court order or order of an administrative hearing officer | ||||||
16 | after the exhaustion of, or the failure to exhaust, judicial | ||||||
17 | review; (7) the result of an excess payment made due to, but | ||||||
18 | not limited to, a typographical or mathematical error made by | ||||||
19 | a municipality with a population of less than 500,000 or to | ||||||
20 | collect a debt owed to a municipality with a population of less | ||||||
21 | than 500,000 after notice to the employee and an opportunity | ||||||
22 | to be heard; provided, however, that the amount deducted from | ||||||
23 | any one salary or wage payment shall not exceed 15% of the net | ||||||
24 | amount of the payment. Before the municipality deducts any | ||||||
25 | amount from any salary or wage of an employee to pay a debt | ||||||
26 | owed to the municipality, the municipality shall certify that |
| |||||||
| |||||||
1 | (i) the employee has been afforded an opportunity for a | ||||||
2 | hearing, conducted by the municipality, to dispute the debt | ||||||
3 | that is due and owing the municipality, and (ii) the employee | ||||||
4 | has received notice of a wage deduction order and has been | ||||||
5 | afforded an opportunity for a hearing, conducted by the | ||||||
6 | municipality, to object to the order. For purposes of this | ||||||
7 | Section, "net amount" means that part of the salary or wage | ||||||
8 | payment remaining after the deduction of any amounts required | ||||||
9 | by law to be deducted and "debt due and owing" means (i) a | ||||||
10 | specified sum of money owed to the municipality for services, | ||||||
11 | work, or goods, after the period granted for payment has | ||||||
12 | expired, or (ii) a specified sum of money owed to the | ||||||
13 | municipality pursuant to a court order or order of an | ||||||
14 | administrative hearing officer after the exhaustion of, or the | ||||||
15 | failure to exhaust, judicial review. Where the legitimacy of | ||||||
16 | any deduction from wages is in dispute, the amount in question | ||||||
17 | may be withheld if the employer notifies the Department of | ||||||
18 | Labor on the date the payment is due in writing of the amount | ||||||
19 | that is being withheld and stating the reasons for which the | ||||||
20 | payment is withheld. Upon such notification the Department of | ||||||
21 | Labor shall conduct an investigation and render a judgment as | ||||||
22 | promptly as possible, and shall complete such investigation | ||||||
23 | within 30 days of receipt of the notification by the employer | ||||||
24 | that wages have been withheld. The employer shall pay the | ||||||
25 | wages due upon order of the Department of Labor within 15 | ||||||
26 | calendar days of issuance of a judgment on the dispute. |
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| |||||||
1 | The Department shall establish rules to protect the | ||||||
2 | interests of both parties in cases of disputed deductions from | ||||||
3 | wages. Such rules shall include reasonable limitations on the | ||||||
4 | amount of deductions beyond those required by law which may be | ||||||
5 | made during any pay period by any employer. | ||||||
6 | In case of a dispute over wages, the employer shall pay, | ||||||
7 | without condition and within the time set by this Act, all | ||||||
8 | wages or parts thereof, conceded by him to be due, leaving to | ||||||
9 | the employee all remedies to which he may otherwise be | ||||||
10 | entitled as to any balance claimed. The acceptance by an | ||||||
11 | employee of a disputed paycheck shall not constitute a release | ||||||
12 | as to the balance of his claim and any release or restrictive | ||||||
13 | endorsement required by an employer as a condition to payment | ||||||
14 | shall be a violation of this Act and shall be void. | ||||||
15 | (Source: P.A. 97-120, eff. 1-1-12.) | ||||||
16 | Section 20.48. The Transportation Benefits Program Act is | ||||||
17 | amended by changing Sections 5, 10, and 15 as follows: | ||||||
18 | (820 ILCS 63/5) | ||||||
19 | Sec. 5. Definitions. As used in this Act: | ||||||
20 | "Covered employee" means any person who performs an | ||||||
21 | average of at least 35 hours of work per week for compensation | ||||||
22 | on a full-time basis. | ||||||
23 | "Covered employer" means any individual, partnership, | ||||||
24 | association, corporation, limited liability company, |
| |||||||
| |||||||
1 | government, non-profit organization, or business trust that | ||||||
2 | directly or indirectly, or through an agent or any other | ||||||
3 | person, employs or exercises control over wages, hours, or | ||||||
4 | working conditions of an employee, and that: | ||||||
5 | (1) is located in: Cook County; Warren Township in | ||||||
6 | Lake County; Grant Township in Lake County; Frankfort | ||||||
7 | Township in Will County; Wheatland Township in Will | ||||||
8 | County; Addison Township; Bloomingdale Township; York | ||||||
9 | Township; Milton Township; Winfield Township; Downers | ||||||
10 | Grove Township; Lisle Township; Naperville Township; | ||||||
11 | Dundee Township; Elgin Township; St. Charles Township; | ||||||
12 | Geneva Township; Batavia Township; Aurora Township; Zion | ||||||
13 | Township; Benton Township; Waukegan Township; Avon | ||||||
14 | Township; Libertyville Township; Shields Township; Vernon | ||||||
15 | Township; West Deerfield Township; Deerfield Township; | ||||||
16 | McHenry Township; Nunda Township; Algonquin Township; | ||||||
17 | DuPage Township; Homer Township; Lockport Township; | ||||||
18 | Plainfield Township; New Lenox Township; Joliet Township; | ||||||
19 | or Troy Township; and | ||||||
20 | (2) employs 50 or more covered employees in a | ||||||
21 | geographic area specified in paragraph (1) at an address | ||||||
22 | that is located within one mile of fixed-route transit | ||||||
23 | service. | ||||||
24 | "Public transit" means any transportation system within | ||||||
25 | the authority and jurisdiction of the Metropolitan Mobility | ||||||
26 | Regional Transportation Authority. |
| |||||||
| |||||||
1 | "Transit pass" means any pass, token, fare card, voucher, | ||||||
2 | or similar item entitling a person to transportation on public | ||||||
3 | transit. | ||||||
4 | (Source: P.A. 103-291, eff. 1-1-24 .) | ||||||
5 | (820 ILCS 63/10) | ||||||
6 | Sec. 10. Transportation benefits program. All covered | ||||||
7 | employers shall provide a pre-tax commuter benefit to covered | ||||||
8 | employees. The pre-tax commuter benefit shall allow employees | ||||||
9 | to use pre-tax dollars for the purchase of a transit pass, via | ||||||
10 | payroll deduction, such that the costs for such purchases may | ||||||
11 | be excluded from the employee's taxable wages and compensation | ||||||
12 | up to the maximum amount permitted by federal tax law, | ||||||
13 | consistent with 26 U.S.C. 132(f) and the rules and regulations | ||||||
14 | promulgated thereunder. A covered employer may comply with | ||||||
15 | this Section by participating in a program offered by the | ||||||
16 | Metropolitan Mobility Chicago Transit Authority or the | ||||||
17 | Regional Transportation Authority . | ||||||
18 | This benefit must be offered to all employees starting on | ||||||
19 | the employees' first full pay period after 120 days of | ||||||
20 | employment. All transit agencies shall market the existence of | ||||||
21 | this program and this Act to their riders in order to inform | ||||||
22 | affected employees and their employers. | ||||||
23 | (Source: P.A. 103-291, eff. 1-1-24 .) | ||||||
24 | (820 ILCS 63/15) |
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1 | Sec. 15. Regional Transit Authority map. The Metropolitan | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Mobility Regional Transportation Authority shall make publicly | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | available a searchable map of addresses that are located | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | within one mile of fixed-route transit service. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (Source: P.A. 103-291, eff. 1-1-24 .) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Article XXI. NO ACCELERATION OR DELAY, SEVERABILITY, AND | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | EFFECTIVE DATE | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20.49. No acceleration or delay. Where this Act | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | makes changes in a statute that is represented in this Act by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | text that is not yet or no longer in effect (for example, a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Section represented by multiple versions), the use of that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | text does not accelerate or delay the taking effect of (i) the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | changes made by this Act or (ii) provisions derived from any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | other Public Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Section 20.97. Severability. The provisions of this Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | are severable under Section 1.31 of the Statute on Statutes. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Section 20.99. Effective date. This Section; Article XI; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Section 8.48 of the State Mandates Act; Sections 8-106 and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | 8-107 of the Public Utilities Act; and Sections 12-830, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | 13C-21, and 18c-1206 of the Illinois Vehicle Code take effect | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | upon becoming law. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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