104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1833

 

Introduced 1/29/2025, by Rep. Eva-Dina Delgado

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Metropolitan Mobility Authority Act. Establishes the Metropolitan Mobility Authority. Provides that the Chicago Transit Authority, the Commuter Rail Division and the Suburban Bus Division of the Regional Transportation Authority, and the Regional Transportation Authority are consolidated into the Metropolitan Mobility Authority and the Service Boards are abolished. Creates the Suburban Bus Operating Division, Commuter Rail Operating Division, and the Chicago Transit Operating Division. Reinserts, reorganizes, and changes some provisions from the Metropolitan Transit Authority Act and the Regional Transportation Authority Act into the new Act. Includes provisions concerning the operation of the Metropolitan Mobility Authority. Repeals the Metropolitan Transit Authority Act and the Regional Transportation Authority Act. Amends various Acts, Laws, and Codes to make conforming changes. Creates the Equitable Transit-Supportive Development Act. Establishes the Office of Equitable Transit-Oriented Development and the Transit-Supportive Development Fund. Provides that the Office and the Fund are to aid transit-supportive development near high-quality transit by providing specified funding to municipalities that have adopted the standards in the transit support overlay district for that area or that have adopted zoning and other changes that the Office determines have benefits greater than or equal to such a District, including transit support overlay districts. Includes provisions relating to Office standards, procedures, and reports. Amends the State Finance Act to make a conforming change. Amends the Department of Transportation Law of the Civil Administrative Code. Requires the Department to establish, staff, and support an Office of Public Transportation Support for the purpose of optimizing the operation of public transportation vehicles and the delivery of public transportation services on highways under the Department's jurisdiction in the Metropolitan Mobility Authority's metropolitan region. Describes the duties and operations of the Office. Amends the Toll Highway Act. Provides that the Chair of the Metropolitan Mobility Authority is a nonvoting member of the Illinois State Toll Highway Authority.


LRB104 09303 RTM 19361 b

 

 

A BILL FOR

 

HB1833LRB104 09303 RTM 19361 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article I. METROPOLITAN MOBILITY AUTHORITY

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

 

 

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1    such service and a public need exists to provide for, aid,
2    and assist public transportation in the metropolitan
3    region, consisting of Cook, DuPage, Kane, Lake, McHenry,
4    and Will counties.
5        (3) Comprehensive and coordinated regional public
6    transportation is essential to public health, safety, and
7    welfare. It is essential to ensuring economic well-being,
8    addressing the climate crisis, providing affordable
9    transportation options for residents at all income levels,
10    conserving sources of energy and land for open space,
11    reducing traffic congestion, and providing for and
12    maintaining a healthful environment for the benefit of
13    present and future generations in the metropolitan region.
14    Public transportation decreases air pollution and other
15    environmental hazards as well as the tragic loss of life
16    from crashes and allows for more efficient land use and
17    planning.
18        (4) Public transportation advances equity and equal
19    opportunity by improving the mobility of the public and
20    providing more people with greater access to jobs,
21    commercial businesses, schools, medical facilities, and
22    cultural attractions through affordable public
23    transportation.
24        (5) Public transportation in the metropolitan region
25    is being threatened by grave financial conditions. With
26    existing methods of financing, coordination, structure,

 

 

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

 

 

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

 

 

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1authority responsive to the people and elected officials of
2the area with the power and competence to operate the regional
3transportation system; develop, implement, and enforce plans
4that promote adequate, efficient, equitable, and coordinated
5public transportation; provide responsible financial
6stewardship of the public transportation system in the
7metropolitan region; and facilitate the delivery of public
8transportation that is attractive and safe for passengers and
9employees, comprehensive and coordinated among its various
10elements, economic and efficient, and coordinated among local,
11regional, and State programs, plans, and projects.
 
12    Section 1.03. Definitions. As used in this Act:
13    "Authority" means the Metropolitan Mobility Authority, the
14successor to the Regional Transportation Authority and the
15Chicago Transit Authority.
16    "Board" means the Board of Directors of the Metropolitan
17Mobility Authority.
18    "Consolidated entities" means the Chicago Transit
19Authority, the Commuter Rail Division and the Suburban Bus
20Division of the Regional Transportation Authority, the
21Regional Transportation Authority, and all of their
22subsidiaries and affiliates.
23    "Construct or acquire" means to plan, design, construct,
24reconstruct, improve, modify, extend, landscape, expand, or
25acquire.

 

 

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1    "Fare capping" means the action of no longer charging a
2rider for any additional fares for the duration of a daily,
3weekly, monthly, or 30-day pass once the rider has purchased
4enough regular one-way fares to reach the cost of the
5applicable pass.
6    "Metropolitan region" means all territory included within
7the territory of the Authority as provided in this Act, and
8such territory as may be annexed to the Authority.
9    "Municipality", "county", and "unit of local government"
10have the meanings given to those terms in Section 1 of Article
11VII of the Illinois Constitution.
12    "Operate" means operate, maintain, administer, repair,
13promote, and any other acts necessary or proper with regard to
14such matters.
15    "Operating Division" means the Suburban Bus, Commuter
16Rail, and Chicago Transit Operating Divisions and any public
17transportation operating division formed by the Authority
18after the effective date of this Act.
19    "Public transportation" means the transportation or
20conveyance of persons within the metropolitan region by means
21available to the general public, including groups of the
22general public with special needs. "Public transportation"
23does not include transportation by automobiles not used for
24conveyance of the general public as passengers.
25    "Public transportation facility" means the equipment or
26property, real or personal, or rights therein, useful or

 

 

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1necessary for providing, maintaining or administering public
2transportation within the metropolitan region or otherwise
3useful for carrying out or meeting the purposes or powers of
4the Authority. Except as otherwise provided by this Act,
5"public transportation facility" does not include a road,
6street, highway, bridge, toll highway, or toll bridge for
7general public use.
8    "Regional rail" means a commuter rail service pattern that
9emphasizes more frequent off-peak service, simplified
10schedules, and non-downtown trips. "Regional rail" may include
11other elements, such as running trains through multiple
12downtown stations to improve regional connectivity.
13    "Service Boards" means the boards of the Commuter Rail
14Division, the Suburban Bus Division, and the Chicago Transit
15Authority of the former Regional Transportation Authority.
16    "Service Standards" means quantitative and qualitative
17attributes of public transit service as well as the
18appropriate level of service to be provided across the
19metropolitan region.
20    "Transportation agency" means any individual, firm,
21partnership, corporation, association, body politic, municipal
22corporation, public authority, unit of local government, or
23other person, other than the Authority and the Operating
24Divisions, that provides public transportation in the
25metropolitan region pursuant to an agreement with the
26Authority.
 

 

 

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1
Article II. CREATION AND ORGANIZATION

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

 

 

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1question is located. Such county board or boards shall cause
2certification of such proposition to be given in accordance
3with the general election law to the proper election officers,
4who shall submit the proposition at an election in accordance
5with the general election law.
 
6    Section 2.03. Extraterritorial authority. To provide or
7assist any transportation of members of the general public
8between points in the metropolitan region and points outside
9the metropolitan region, whether in this State, Wisconsin, or
10Indiana, the Authority may enter into agreements with any unit
11of local government, individual, corporation or other business
12entity, or other person or public agency in or of any such
13state or any private entity for such service. Such agreements
14may provide for participation by the Authority in providing
15such service and for grants by the Authority in connection
16with any such service, and may, subject to federal and State
17law, set forth any terms relating to such service, including
18coordinating such service with public transportation in the
19metropolitan region. Such agreement may be for such number of
20years or duration as the parties may agree. In regard to any
21such agreements or grants, the Authority shall consider the
22benefit to the metropolitan region and the financial
23contribution with regard to such service made or to be made
24from public funds in such areas served outside the
25metropolitan region.
 

 

 

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1    Section 2.04. Board of Directors.
2    (a) The corporate authorities and governing body of the
3Authority shall be a Board consisting of voting Directors and
4nonvoting Directors appointed as follows:
5        (1) 3 Directors appointed by the Governor with the
6    advice and consent of the Senate;
7        (2) 5 Directors appointed by the Mayor of the City of
8    Chicago with the advice and consent of the City Council of
9    the City of Chicago, one of whom shall be the Commissioner
10    of the Mayor's Office for People with Disabilities;
11        (3) 5 Directors appointed by the President of the Cook
12    County Board of Commissioners with the advice and consent
13    of the members of the Cook County Board of Commissioners;
14        (4) one Director appointed by each of the chairs of
15    the county boards of DuPage, Kane, Lake, McHenry, and Will
16    counties with the advice and consent of their respective
17    county boards; and
18        (5) the following nonvoting Directors:
19            (A) the Secretary of Transportation or the
20        Secretary's designee;
21            (B) the Chair of the Board of Directors of the
22        Illinois State Toll Highway Authority or the Chair's
23        designee;
24            (C) a representative of organized labor, appointed
25        by the Governor;

 

 

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1            (D) a representative from the business community
2        in the metropolitan region, appointed by the voting
3        members of the Board;
4            (E) a representative from the disability
5        community, appointed by the voting members of the
6        Board after consulting with at least 3 organizations
7        in the disability community in the metropolitan region
8        selected by the Board; and
9            (F) the Chair of the Citizens Advisory Board
10        established by Section 2.12.
11    (b) All Directors shall be residents of the metropolitan
12region except for those Directors appointed pursuant to
13paragraph (1) of subsection (a) and subparagraphs (A) and (B)
14of paragraph (5) of subsection (a), who shall be residents of
15the State of Illinois.
16    (c) Nonvoting Directors shall have the same rights to
17access Board-related materials and to participate in Board
18meetings as Directors with voting rights.
19    (d) Nonvoting Directors shall be subject to the same
20conflict of interest restrictions applicable to other
21Directors, are subject to all ethics requirements applicable
22to the other Directors, and must comply with the public
23transportation system usage and meeting attendance
24requirements of Sections 5.02 and 5.03.
 
25    Section 2.05. Director qualifications.

 

 

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

 

 

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

 

 

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

 

 

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1    (c) The appointing authorities shall select their initial
2Directors no later than 270 days after the effective date of
3this Act.
 
4    Section 2.09. Compensation. Each Director, including the
5Chair of the Authority, shall be compensated at the rate of
6$25,000 per year, but nonvoting Directors employed by a public
7agency are not entitled to such compensation. Each Director
8shall be reimbursed for actual expenses incurred in the
9performance of the Director's duties. Officers of the
10Authority shall not be required to comply with the
11requirements of the Public Funds Statement Publication Act.
 
12    Section 2.10. Meetings.
13    (a) The Board shall prescribe the times and places for
14meetings and the manner in which special meetings may be
15called. Board meetings shall be held in a place easily
16accessible by public transit. The Board shall comply in all
17respects with the Open Meetings Act. All records, documents,
18and papers of the Authority, other than those relating to
19closed sessions of the Board, may be held and any redactions as
20permitted or required by applicable law, shall be available
21for public examination, subject to such reasonable regulations
22as the Board may adopt.
23    (b) A majority of the whole number of members of the
24Authority then in office shall constitute a quorum for the

 

 

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1transaction of any business or the exercise of any power of the
2Authority. Unless otherwise stated by this Act, actions of the
3Authority shall require the affirmative vote of a majority of
4the voting members of the Authority present and voting at the
5meeting at which the action is taken.
6    (c) Open meetings of the Board shall be broadcast to the
7public and maintained in real time on the Board's website
8using a high-speed Internet connection. Recordings of each
9meeting broadcast shall be posted to the Board's website
10within a reasonable time after the meeting and shall be
11maintained as public records to the extent practicable, as
12determined by the Board. Compliance with these provisions does
13not relieve the Board of its obligations under the Open
14Meetings Act.
 
15    Section 2.11. Director liability.
16    (a) A Director of the Authority is not liable for any
17injury resulting from any act or omission in determining
18policy or exercising discretion, except: (1) for willful or
19wanton misconduct; or (2) as otherwise provided by law.
20    (b) If any claim or action is instituted against a
21Director of the Authority based on an injury allegedly arising
22out of an act or omission of the Director occurring within the
23scope of the Director's performance of duties on behalf of the
24Authority, the Authority shall indemnify the Director for all
25legal expenses and court costs incurred in defending against

 

 

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1the claim or action and shall indemnify the Director for any
2amount paid pursuant to any judgment on, or any good faith
3settlement of, such claim, except for that portion of a
4judgment awarded for willful or wanton misconduct.
5    (c) The Authority may purchase insurance to cover the
6costs of any legal expenses, judgments, or settlements under
7this Section.
 
8    Section 2.12. Citizen Advisory Board. There is established
9a Citizen Advisory Board. The Board shall appoint at least 5
10and not more than 15 members to the Citizen Advisory Board. The
11Board shall follow the selection process in Section 5.01 for
12its appointments to the Citizen Advisory Board. The Board
13should strive to assemble a Citizen Advisory Board that is
14reflective of the diversity of the metropolitan region, the
15users of the various modes of public transportation, and the
16interests of the residents and institutions of the region in a
17strong public transportation system. At least one member of
18the Citizen Advisory Board shall represent transit riders with
19disabilities. The Citizen Advisory Board shall meet at least
20quarterly and shall advise the Board of the impact of its
21policies and programs on the communities within the
22metropolitan region. Members shall serve without compensation
23but shall be entitled to reimbursement of reasonable and
24necessary costs incurred in the performance of their duties.
25Citizen Advisory Board members are subject to the public

 

 

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1transportation system usage requirements applicable to
2Authority Directors pursuant to Section 5.02.
 
3
Article III. TRANSITION

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

 

 

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1        (3) leading the search for a Chief Executive Officer
2    of the Authority who has experience managing large public
3    transportation systems, which may include systems outside
4    of North America, or who has similar relevant experience
5    in managing other complex organizations;
6        (4) overseeing the transfer of personnel and staff
7    responsibilities from the consolidated entities to the
8    Authority to implement the provisions of this Act most
9    effectively; and
10        (5) regularly reporting to the full Board on the
11    status of the transition effort and make recommendations
12    for Board policies and actions.
13    (c) The Board shall implement this Act in accordance with
14the following timetable:
15        (1) All seats on the Board shall be filled, a Chair
16    shall be selected, and the Board Transition Committee
17    shall be appointed and in operation no later than one year
18    after the effective date of this Act.
19        (2) The Integration Management Office shall be fully
20    organized and operating by no later than 2 years after the
21    effective date of this Act.
22        (3) A permanent Chief Executive Officer shall be
23    selected and in place at the Authority by no later than 3
24    years after the effective date of this Act.
25        (4) A final transition plan shall be approved by no
26    later than 3 years after the effective date of this Act.

 

 

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1        (5) The transfer of all functions and responsibilities
2    to the Authority as contemplated by this Act shall be
3    completed by no later than 4 years after the effective
4    date of this Act.
 
5    Section 3.02. Consolidation. On the effective date of this
6Act and without further action:
7        (1) The Chicago Transit Authority, the Commuter Rail
8    Division and the Suburban Bus Division of the Regional
9    Transportation Authority, and the Regional Transportation
10    Authority are consolidated into the Authority and the
11    Service Boards are abolished.
12        (2) To the fullest extent allowed by applicable law,
13    the Authority shall succeed to all the rights, assets,
14    franchises, contracts, property, and interests of every
15    kind of the consolidated entities, including all rights,
16    powers, and duties of the Commuter Rail Division with
17    respect to the Northeast Illinois Regional Rail Passenger
18    Corporation.
19        (3) All previous lawful actions of the consolidated
20    entities shall be valid and binding upon the Authority,
21    and the Authority shall be substituted for the
22    consolidated entities with respect to each of those
23    actions.
24        (4) All fines, penalties, and forfeitures incurred or
25    imposed for the violation of any ordinance of a

 

 

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

 

 

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1    Authority on the effective date of this Act shall serve as
2    temporary Directors of the Authority until their
3    successors are appointed pursuant to Section 5.01 or 270
4    days after the effective date of this Act, whichever is
5    earlier. The Authority and the appointing authorities
6    shall begin the process under Section 5.01 to select
7    successors to the temporary Directors no later than 30
8    days after the effective date of this Act. An appointing
9    authority that fails to appoint an initial Authority
10    Director within 270 days of the effective date of this Act
11    will forfeit their right to appoint that Authority
12    Director for 3 years after the effective date of this Act.
 
13    Section 3.03. Transfer of employees and collective
14bargaining rights.
15    (a) The provisions of this Section establish the
16procedures to be followed by the Authority in dealing with
17employees of the consolidated entities in carrying out the
18consolidation and reorganization of public transportation
19provided for in this Act and to provide fair and equitable
20protection for those employees.
21    (b) On the effective date of this Act, all persons
22employed by the consolidated entities shall become employees
23of the Authority.
24    (c) The Authority shall assume and observe all applicable
25collective bargaining and other agreements between the

 

 

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1consolidated entities and their employees in effect on the
2effective date of this Act.
3    (d) The Authority shall assume all pension obligations of
4the consolidated entities and the employees of the
5consolidated entities who are members or beneficiaries of any
6existing pension or retirement system and shall continue to
7have the rights, privileges, obligations, and status with
8respect to such system or systems as prescribed by law.
9Employees shall be given sick leave, vacation, insurance, and
10pension credits in accordance with the records or labor
11agreements of the consolidated entities provided to an
12employee under an ordinance adopted or a contract executed by
13a consolidated entity. The Authority shall determine the
14number of employees necessary to provide public transportation
15services on a consolidated basis and to carry out the
16functions of the Authority and shall determine fair and
17equitable arrangements for the employees of the Authority who
18are affected by actions provided for by this Act.
19    (e) If the Authority and an accredited representative of
20the employees of a consolidated entity fail to agree on a
21matter covered by a collective bargaining agreement and
22related to the implementation of this Act, either party may
23request the assistance of a mediator appointed by either the
24State or Federal Mediation and Conciliation Service who shall
25seek to resolve the dispute. If the dispute is not resolved by
26mediation within a 21-day period, the mediator shall certify

 

 

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1to the parties that an impasse exists. Upon receipt of the
2mediator's certificate, the parties shall submit the dispute
3to arbitration by a board composed of 3 persons, one appointed
4by the Authority, one appointed by the labor organization
5representing the employees, and a third member to be agreed
6upon by the labor organization and the Authority. The member
7agreed upon by the labor organization and the Authority shall
8act as chair of the board. The determination of the majority of
9the board of arbitration thus established shall be final and
10binding on all matters in dispute. If, after a period of 10
11days from the date of the appointment of the 2 arbitrators
12representing the Authority and the labor organization, the
13third arbitrator has not been selected, then either arbitrator
14may request the American Arbitration Association to furnish
15from the current listing of the membership of the National
16Academy of Arbitrators the names of 7 members of the National
17Academy. The arbitrators appointed by the Authority and the
18labor organization shall determine, promptly after the receipt
19of the list, by that order alternatively eliminate one name
20until only one name remains. The remaining person on the list
21shall be the third arbitrator. Each party shall pay an equal
22proportionate share of the impartial arbitrator's fees and
23expenses.
 
24
Article IV. POWERS

 

 

 

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1    Section 4.01. Responsibility for public transportation. As
2the provider of public transportation in the metropolitan
3region, the Authority may:
4        (1) adopt plans that implement the public policy of
5    the State to provide adequate, efficient, equitable, and
6    coordinated public transportation throughout the
7    metropolitan region;
8        (2) develop Service Standards and performance measures
9    to inform the public about the extent to which the
10    provision of public transportation in the metropolitan
11    region meets those goals, objectives, and standards;
12        (3) use the Service Standards and performance
13    standards to objectively and transparently determine the
14    level, nature, and kind of public transportation that
15    should be provided for the metropolitan region;
16        (4) budget and allocate operating and capital funds
17    efficiently and in a cost-effective manner to support
18    public transportation in the metropolitan region;
19        (5) coordinate the provision of public transportation
20    and the investment in public transportation facilities to
21    enhance the integration of public transportation
22    throughout the metropolitan region;
23        (6) operate or otherwise provide for public
24    transportation services throughout the metropolitan
25    region;
26        (7) plan, procure, and operate an integrated fare

 

 

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1    collection system;
2        (8) conduct operations, service, and capital planning;
3        (9) provide design and construction oversight of
4    capital projects;
5        (10) procure goods and services necessary to fulfill
6    its responsibilities;
7        (11) subject to applicable land use laws, develop or
8    participate in residential and commercial development on
9    and in the vicinity of public transportation stations and
10    routes to facilitate transit-supportive land uses,
11    increase public transportation ridership, generate
12    revenue, and improve access to jobs and other
13    opportunities in the metropolitan region by public
14    transportation; and
15        (12) take all other necessary and reasonable steps to
16    provide public transportation in the metropolitan region.
 
17    Section 4.02. General powers. Except as otherwise limited
18by this Act, the Authority shall have all powers necessary to
19meet its responsibilities and to carry out its purposes,
20including, but not limited to, the following powers:
21        (1) to sue and be sued;
22        (2) to invest any funds or any moneys not required for
23    immediate use or disbursement, as provided in the Public
24    Funds Investment Act;
25        (3) to make, amend, and repeal by-laws, rules, and

 

 

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1    ordinances consistent with this Act;
2        (4) to borrow money and to issue its negotiable bonds
3    or notes;
4        (5) to hold, sell, sell by installment contract, lease
5    as lessor, transfer, or dispose of such real or personal
6    property as it deems appropriate in the exercise of its
7    powers or to provide for the use thereof by any
8    transportation agency and to mortgage, pledge, or
9    otherwise grant security interests in any such property;
10        (6) to enter at reasonable times upon such lands,
11    waters, or premises as in the judgment of the Authority
12    may be necessary, convenient, or desirable for the purpose
13    of making surveys, soundings, borings, and examinations to
14    accomplish any purpose authorized by this Act after having
15    given reasonable notice of such proposed entry to the
16    owners and occupants of such lands, waters or premises,
17    the Authority being liable only for actual damage caused
18    by such activity;
19        (7) to procure the goods and services necessary to
20    perform its responsibilities;
21        (8) to make and execute all contracts and other
22    instruments necessary or convenient to the exercise of its
23    powers;
24        (9) to enter into contracts of group insurance for the
25    benefit of its employees, to provide for retirement or
26    pensions or other employee benefit arrangements for its

 

 

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1    employees, and to assume obligations for pensions or other
2    employee benefit arrangements for employees of
3    transportation agencies, of which all or part of the
4    facilities are acquired by the Authority;
5        (10) to provide for the insurance of any property,
6    directors, officers, employees, or operations of the
7    Authority against any risk or hazard, and to self-insure
8    or participate in joint self-insurance pools or entities
9    to insure against any risk or hazard;
10        (11) to appear before the Illinois Commerce Commission
11    in all proceedings concerning the Authority or any
12    transportation agency;
13        (12) to pass all ordinances and make all rules and
14    regulations proper or necessary to regulate the use,
15    operation, and maintenance of its property and facilities
16    and those of its Operating Divisions and, by ordinance, to
17    prescribe fines or penalties for violations of ordinances.
18    No fine or penalty shall exceed $5,000 per offense. An
19    ordinance providing for any fine or penalty shall be
20    published in a newspaper of general circulation in the
21    metropolitan region. No such ordinance shall take effect
22    until 10 days after its publication;
23        (13) to enter into arbitration arrangements, which may
24    be final and binding; and
25        (14) to provide funding and other support for projects
26    in the metropolitan region under the Equitable

 

 

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1    Transit-Supportive Development Act.
 
2    Section 4.03. Purchase of transit services.
3    (a) The Authority may provide public transportation by
4purchasing public transportation services from transportation
5agencies through purchase of service agreements or grants.
6    (b) The Authority may make grants to or enter into
7purchase of service agreements with a transportation agency
8for operating and other expenses, developing or planning
9public transportation, or for constructing or acquiring public
10transportation facilities, all upon such terms and conditions
11as the Authority shall prescribe.
12    (c) The Board shall adopt guidelines setting forth uniform
13standards for the making of grants and purchase of service
14agreements. The grants or purchase of service agreements may
15be for a number of years or duration as the parties shall
16agree.
17    (d) A transportation agency providing public
18transportation pursuant to a purchase of service or grant
19agreement with the Authority is subject to the Illinois Human
20Rights Act and the remedies and procedures established under
21that Act. The transportation agency shall file an affirmative
22action program with regard to public transportation so
23provided with the Department of Human Rights within one year
24of the purchase of service or grant agreement to ensure that
25applicants are employed and that employees are treated during

 

 

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1employment without unlawful discrimination. The affirmative
2action program shall include provisions relating to hiring,
3upgrading, demotion, transfer, recruitment, recruitment
4advertising, selection for training, and rates of pay or other
5forms of compensation. Unlawful discrimination, as defined and
6prohibited in the Illinois Human Rights Act, may not be made in
7any term or aspect of employment, and discrimination based
8upon political reasons or factors is prohibited.
9    (e) The Authority is not subject to the Public Utilities
10Act. Transportation agencies that have any purchase of service
11or grant agreement with the Authority are not subject to that
12Act as to any public transportation that is the subject of a
13purchase of service or grant agreement.
14    (f) A contract or agreement entered into by a
15transportation agency with the Authority and discontinuation
16of the contract or agreement by the Authority are not subject
17to approval of or regulation by the Illinois Commerce
18Commission.
19    (g) The Authority shall assume all costs of rights,
20benefits, and protective conditions to which an employee is
21entitled under this Act from a transportation agency if the
22inability of the transportation agency to meet its obligations
23in relation thereto due to bankruptcy or insolvency, provided
24that the Authority shall retain the right to proceed against
25the bankrupt or insolvent transportation agency or its
26successors, trustees, assigns or debtors for the costs

 

 

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1assumed. The Authority may mitigate its liability under this
2subsection and under Section 2.11 to the extent of employment
3and employment benefits which it tenders.
 
4    Section 4.04. Paratransit services.
5    (a) As used in this Section, "ADA paratransit services"
6means those comparable or specialized transportation services
7provided to individuals with disabilities who are unable to
8use fixed-route transportation systems and who are determined
9to be eligible, for some or all of their trips, for such
10services under the Americans with Disabilities Act of 1990 and
11its implementing regulations.
12    (b) The Authority is responsible for the funding,
13financial review, and oversight of all ADA paratransit
14services that are provided by the Authority or by any
15transportation agency.
16    (c) The Authority shall develop plans for the provision of
17ADA paratransit services and submit the plans to the Federal
18Transit Administration for approval. The Authority shall
19comply with the requirements of the Americans with
20Disabilities Act of 1990 and its implementing regulations in
21developing and approving the plans, including, without
22limitation, consulting with individuals with disabilities and
23groups representing them in the community and providing
24adequate opportunity for public comment and public hearings.
25The plans shall also include, without limitation, provisions

 

 

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1to:
2        (1) maintain, at a minimum, the levels of ADA
3    paratransit service that are required to be provided by
4    the Authority pursuant to the Americans with Disabilities
5    Act of 1990 and its implementing regulations;
6        (2) provide for consistent policies throughout the
7    metropolitan region for scheduling of ADA paratransit
8    service trips to and from destinations, with consideration
9    of scheduling of return trips on a will-call, open-ended
10    basis upon request of the rider, if practicable;
11        (3) provide that service contracts and rates with
12    private carriers and taxicabs for ADA paratransit service,
13    entered into or set after the approval by the Federal
14    Transit Administration, are procured by means of an open
15    procurement process;
16        (4) provide for fares, fare collection, and billing
17    procedures for ADA paratransit services throughout the
18    metropolitan region;
19        (5) provide for performance standards for all ADA
20    paratransit service transportation carriers, with
21    consideration of door-to-door service;
22        (6) provide, in cooperation with the Department of
23    Transportation, the Department of Healthcare and Family
24    Services, and other appropriate public agencies and
25    private entities for the application and receipt of
26    grants, including, without limitation, reimbursement from

 

 

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1    Medicaid or other programs for ADA paratransit services;
2        (7) provide for a system of dispatch of ADA
3    paratransit services transportation carriers throughout
4    the metropolitan region with consideration of county-based
5    dispatch systems already in place;
6        (8) provide for a process of determining eligibility
7    for ADA paratransit services that complies with the
8    Americans with Disabilities Act of 1990 and its
9    implementing regulations;
10        (9) provide for consideration of innovative methods to
11    provide and fund ADA paratransit services; and
12        (10) provide for the creation of an ADA advisory board
13    to represent the diversity of individuals with
14    disabilities in the metropolitan region and to provide
15    appropriate ongoing input from individuals with
16    disabilities into the operation of ADA paratransit
17    services.
18    (d) All revisions and annual updates to the ADA
19paratransit services plans developed pursuant to subsection
20(c), or certifications of continued compliance in lieu of plan
21updates, that are required to be provided to the Federal
22Transit Administration shall be developed by the Authority and
23the Authority shall submit the revision, update, or
24certification to the Federal Transit Administration for
25approval.
26    (e) The Department of Transportation, the Department of

 

 

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1Healthcare and Family Services, and the Authority shall enter
2into intergovernmental agreements as may be necessary to
3provide funding and accountability for, and implementation of,
4the requirements of this Section.
5    (f) In conjunction with its adoption of its Strategic
6Plan, the Authority shall develop and submit to the General
7Assembly and the Governor a funding plan for ADA paratransit
8services. The funding plan shall, at a minimum, contain an
9analysis of the current costs of providing ADA paratransit
10services, projections of the long-term costs of providing ADA
11paratransit services, identification of and recommendations
12for possible cost efficiencies in providing ADA paratransit
13services, and identification of and recommendations for
14possible funding sources for providing ADA paratransit
15services. The Department of Transportation, the Department of
16Healthcare and Family Services, and other State and local
17public agencies, as appropriate, shall cooperate with the
18Authority in the preparation of the funding plan.
19    (g) Any funds derived from the federal Medicaid program
20for reimbursement of the costs of providing ADA paratransit
21services within the metropolitan region shall be directed to
22the Authority and shall be used to pay for or reimburse the
23costs of providing ADA paratransit services.
 
24    Section 4.05. Fares and nature of service.
25    (a) The Authority has the sole authority for setting fares

 

 

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1and charges for public transportation services in the
2metropolitan region, including public transportation provided
3by transportation agencies pursuant to purchase of service or
4grant agreements with the Authority, and for establishing the
5nature and standards of public transportation to be so
6provided in accordance with the Strategic Plan and Service
7Standards.
8    (b) The Authority shall develop and implement a regionally
9coordinated and consolidated fare collection system.
10    (c) Whenever the Authority provides any public
11transportation pursuant to grants to transportation agencies
12for operating expenses, other than with regard to experimental
13programs, or pursuant to any purchase of service agreement,
14the purchase of service or grant agreements shall provide for
15the level and nature of fares or charges to be made for such
16services and the nature and standards of public transportation
17to be so provided.
18    (d) In so providing for the fares or charges and the nature
19and standards of public transportation, any purchase of
20service or grant agreements shall provide, among other
21matters, for the terms and cost of transfers or
22interconnections between different modes of transportation and
23different public transportation providers.
24    (e) At least once every 2 years, the Authority shall
25assess the need to make fare adjustments in light of
26inflation, budgetary needs, and other relevant policy

 

 

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1considerations. The Board shall, by ordinance, retain the
2existing fare structure or adopt a revised fare structure. The
3Authority shall take reasonable steps to get public input as
4part of its assessment, and the Board shall conduct a public
5hearing before adopting its fare structure ordinance.
6    (f) By no later than 2 years after the effective date of
7this Act, the Authority shall implement:
8        (1) an income-based reduced fare program; and
9        (2) fare capping for individual services and across
10    public transportation service providers.
11    (g) The Authority must develop and make available for use
12by riders a universal fare instrument that may be used
13interchangeably on all public transportation funded by the
14Authority.
 
15    Section 4.06. Use of streets and roads.
16    (a) The Authority may, by ordinance, provide for special
17lanes for exclusive or special use by public transportation
18vehicles with regard to any roads, streets, ways, highways,
19bridges, toll highways, or toll bridges in the metropolitan
20region, notwithstanding any other law, ordinance, or
21regulation to the contrary.
22    (b) The Authority may use and, by ordinance, authorize a
23transportation agency to use without any franchise, charge,
24permit, or license any public road, street, way, highway,
25bridge, toll highway, or toll bridge within the metropolitan

 

 

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1region for the provision of public transportation.
2Transportation agencies that have purchase of service or grant
3agreements with the Authority as to any public transportation
4are not, as to any aspect of the public transportation,
5subject to any supervision, licensing, or regulation imposed
6by a unit of local government in the metropolitan region,
7except as may be specifically authorized by the Authority and
8except for regular police supervision of vehicular traffic.
 
9    Section 4.07. Bus rapid transit and related technologies.
10To improve public transportation service in the metropolitan
11region, the Authority shall accelerate the implementation of
12bus rapid transit services using the expressway, tollway, and
13other roadway systems in the metropolitan region. The
14Department of Transportation and the Illinois State Toll
15Highway Authority shall collaborate with the Authority in the
16implementation of bus rapid transit services. The Authority,
17in cooperation with the Department of Transportation and the
18Illinois State Toll Highway Authority, shall evaluate and
19refine approaches to bus rapid transit operations and shall
20investigate technology options that facilitate the shared use
21of the bus rapid transit lanes and provide revenue for
22financing construction and operation of public transportation
23facilities. The Authority shall also research, evaluate, and,
24where appropriate, implement vehicle, infrastructure,
25intelligent transportation systems, and other technologies to

 

 

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1improve the quality and safety of public transportation on
2roadway systems in the metropolitan region.
 
3    Section 4.08. Coordination with the Department of
4Transportation.
5    (a) The Authority shall promptly review the Department of
6Transportation's plans under Section 2705-594 of the
7Department of Transportation Law of the Civil Administrative
8Code of Illinois and provide the Department with
9recommendations for any needed modifications to enhance the
10operation and safety of public transportation on the highway.
11The Department shall review the recommendations and respond to
12the Authority's comments as set forth in that Section.
13    (b) The Department and the Authority shall jointly develop
14and publish on their websites guidelines, timetables, and best
15practices for how they will advance highway designs and
16operations on highways under the Department's jurisdiction in
17the metropolitan region to optimize the efficacy, safety, and
18attractiveness of public transportation on such highways.
 
19    Section 4.09. Eminent domain.
20    (a) The Authority may take and acquire possession by
21eminent domain of any property or interest in property which
22the Authority may acquire under this Act. The power of eminent
23domain may be exercised by ordinance of the Authority and
24shall extend to all types of interests in property, both real

 

 

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1and personal, including, without limitation, easements for
2access purposes to and rights of concurrent usage of existing
3or planned public transportation facilities, whether the
4property is public property or is devoted to public use and
5whether the property is owned or held by a public
6transportation agency, except as specifically limited by this
7Act.
8    (b) The Authority shall exercise the power of eminent
9domain granted in this Section in the manner provided for the
10exercise of the right of eminent domain under the Eminent
11Domain Act, except that the Authority may not exercise
12quick-take authority provided in Article 20 of the Eminent
13Domain Act providing for immediate possession in such
14proceedings and except that those provisions of Section
1510-5-10 of the Eminent Domain Act requiring prior approval of
16the Illinois Commerce Commission in certain instances shall
17apply to eminent domain proceedings by the Authority only as
18to any taking or damaging by the Authority of any real property
19of a railroad not used for public transportation or of any real
20property of other public utilities.
21    (c) The Authority may exercise the right of eminent domain
22to acquire public property with the approval of the Board. In a
23proceeding for the taking of public property by the Authority
24through the exercise of the power of eminent domain, the venue
25shall be in the circuit court of the county in which the
26property is located. The right of eminent domain may be

 

 

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1exercised over property used for public park purposes, for
2State forest purposes, or for forest preserve purposes with
3the approval of the Board, after public hearing and a written
4study done for the Authority, that such taking is necessary to
5accomplish the purposes of this Act, that no feasible
6alternatives to such taking exist, and that the advantages to
7the public from such taking exceed the disadvantages to the
8public of doing so. In a proceeding for the exercise of the
9right of eminent domain for the taking by the Authority of
10property used for public park, State forest, or forest
11preserve purposes, the court shall not order the taking of
12such property unless it has reviewed and concurred in the
13findings required of the Authority by this paragraph. Property
14dedicated as a nature preserve pursuant to the Illinois
15Natural Areas Preservation Act may not be acquired by eminent
16domain by the Authority.
17    (d) The acquisition by the Authority by eminent domain of
18any property is not subject to the approval of or regulation by
19the Illinois Commerce Commission, except that any requirement
20in Section 10-5-10 of the Eminent Domain Act requiring in
21certain instances prior approval of the Illinois Commerce
22Commission for taking or damaging of property of railroads or
23other public utilities shall continue to apply as to any
24taking or damaging by the Authority of any real property of
25such a railroad not used for public transportation or of any
26real property of such other public utility.

 

 

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1    (e) Notwithstanding any other provision of this Act, any
2power granted under this Act to acquire property by
3condemnation or eminent domain is subject to, and shall be
4exercised in accordance with, the Eminent Domain Act.
5    (f) This Act does not exempt the Authority from complying
6with land use regulations applicable to the property the
7Authority acquires through condemnation or eminent domain.
 
8    Section 4.10. Acquisitions.
9    (a) The Authority may acquire any public transportation
10facility for its use or for use by a transportation agency and
11may acquire any such facilities from a transportation agency,
12including, without limitation, reserve funds, employees'
13pension or retirement funds, special funds, franchises,
14licenses, patents, permits and papers, documents, and records
15of the transportation agency.
16    (b) In connection with an acquisition under subsection (a)
17from a transportation agency, the Authority may assume
18obligations of the transportation agency with regard to such
19facilities or property or public transportation operations of
20such agency.
21    (c) In each case in which this Act gives the Authority the
22power to construct or acquire real or personal property, the
23Authority may acquire such property by contract, purchase,
24gift, grant, exchange for other property or rights in
25property, lease, sublease, or installment or conditional

 

 

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1purchase contracts. A lease or contract may provide for
2consideration to be paid in annual installments during a
3period not exceeding 40 years. Property may be acquired
4subject to such conditions, restrictions, liens, or security
5or other interests of other parties as the Authority deems
6appropriate, and, in each case, the Authority may acquire a
7joint, leasehold, easement, license, or other partial interest
8in such property. Any such acquisition may provide for the
9assumption of, or agreement to pay, perform, or discharge
10outstanding or continuing duties, obligations, or liabilities
11of the seller, lessor, donor, or other transferor of or of the
12trustee with regard to such property.
13    (d) In connection with the acquisition of public
14transportation equipment, including, but not limited to,
15rolling stock, vehicles, locomotives, buses, or rapid transit
16equipment, the Authority may also execute agreements
17concerning such equipment leases, equipment trust
18certificates, conditional purchase agreements, and other
19security agreements and may make such agreements and covenants
20as required in the form customarily used in such cases
21appropriate to effect such acquisition.
22    (e) Obligations of the Authority incurred pursuant to this
23Section shall not be considered bonds or notes within the
24meaning of Section 6.05.
 
25    Section 4.11. Public bidding.

 

 

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1    (a) The Board shall adopt rules to ensure that the
2acquisition by the Authority of services or public
3transportation facilities, other than real estate, involving a
4cost of more than the small purchase threshold set by the
5Federal Transit Administration and the disposition of all
6property of the Authority shall be after public notice and
7with public bidding.
8    (b) The Board shall adopt rules to ensure that the
9construction, demolition, rehabilitation, renovation, and
10building maintenance projects by the Authority for services or
11public transportation facilities involving a cost of more than
12$40,000 or such other amount set by the Board by ordinance
13shall be after public notice and with public bidding. The
14ordinance may provide exceptions to such requirements for
15acquisition of repair parts, accessories, equipment, or
16services previously furnished or contracted for; for the
17immediate delivery of supplies, material, or equipment or
18performance of service when it is determined by the
19concurrence of a majority of the then Directors that an
20emergency requires immediate delivery or supply thereof; for
21goods or services that are economically procurable from only
22one source; for contracts for the maintenance or servicing of
23equipment which are made with the manufacturers or authorized
24service agent of that equipment where the maintenance or
25servicing can best be performed by the manufacturer or
26authorized service agent or such a contract would be otherwise

 

 

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1advantageous to the Authority, except that the exceptions in
2this clause shall not apply to contracts for plumbing,
3heating, piping, refrigeration, and automatic temperature
4control systems, ventilating, and distribution systems for
5conditioned air, and electrical wiring; for goods or services
6procured from another governmental agency; for purchases and
7contracts for the use or purchase of data processing equipment
8and data processing systems software; for the acquisition of
9professional or utility services; and for the acquisition of
10public transportation equipment, including, but not limited
11to, rolling stock, locomotives, and buses if: (i) it is
12determined by the Directors that a negotiated acquisition
13offers opportunities with respect to the cost or financing of
14the equipment, its delivery, or the performance of a portion
15of the work within the State or the use of goods produced or
16services provided within the State; (ii) a notice of intention
17to negotiate for the acquisition of such public transportation
18equipment is published in a newspaper of general circulation
19within the metropolitan region inviting proposals from
20qualified vendors; and (iii) any contract with respect to such
21acquisition is authorized by the Directors.
22    (c) The requirements set forth in this Section do not
23apply to purchase of service or grant agreements or other
24contracts, purchases, or sales entered into by the Authority
25with any transportation agency or unit of local government.
26    (d) The Authority may use a 2-phase design-build selection

 

 

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1procedure as follows:
2        (1) The Authority may authorize the use of competitive
3    selection and the prequalification of responsible bidders
4    consistent with all applicable laws.
5        (2) 2-phase design-build selection procedures shall
6    consist of the following:
7            (A) The Authority shall develop, through licensed
8        architects or licensed engineers, a scope of work
9        statement for inclusion in the solicitation for phase
10        I proposals that defines the project and provides
11        prospective offerors with sufficient information
12        regarding the Authority's requirements. The statement
13        shall include criteria and preliminary design, general
14        budget parameters, and general schedule or delivery
15        requirements to enable the offerors to submit
16        proposals which meet the Authority's needs. When the
17        2-phase design-build selection procedure is used and
18        the Authority contracts for development of the scope
19        of work statement, the Authority shall contract for
20        architectural or engineering services as defined by
21        and in accordance with the Architectural, Engineering,
22        and Land Surveying Qualifications Based Selection Act
23        and all applicable licensing statutes.
24            (B) The evaluation factors to be used in
25        evaluating phase I proposals must be stated in the
26        solicitation and must include specialized experience

 

 

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1        and technical competence, capability to perform, past
2        performance of the offeror's team, including the
3        architect-engineer and construction members of the
4        team, and other appropriate technical and
5        qualifications factors. Each solicitation must
6        establish the relative importance assigned to the
7        evaluation factors and the subfactors that must be
8        considered in the evaluation of phase I proposals on
9        the basis of the evaluation factors set forth in the
10        solicitation. Each design-build team must include a
11        licensed design professional independent from the
12        Authority's licensed architect or engineer and a
13        licensed design professional must be named in the
14        phase I proposals submitted to the Authority.
15            (C) On the basis of the phase I proposal, the
16        Authority shall select as the most highly qualified
17        the number of offerors specified in the solicitation
18        and request the selected offerors to submit phase II
19        competitive proposals and cost or price information.
20        Each solicitation must establish the relative
21        importance assigned to the evaluation factors and the
22        subfactors that must be considered in the evaluation
23        of phase II proposals on the basis of the evaluation
24        factors set forth in the solicitation. The Authority
25        may negotiate with the selected design-build team
26        after award but prior to contract execution for the

 

 

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1        purpose of securing better terms than originally
2        proposed if the salient features of the design-build
3        solicitation are not diminished. Each phase II
4        solicitation evaluates separately (i) the technical
5        submission for the proposal, including design concepts
6        or proposed solutions to requirements addressed within
7        the scope of work, and (ii) the evaluation factors and
8        subfactors, including cost or price, that must be
9        considered in the evaluations of proposals.
10            (D) A design-build solicitation issued under the
11        procedures in this subsection shall state the maximum
12        number of offerors that are to be selected to submit
13        competitive phase II proposals. The maximum number
14        specified in the solicitation shall not exceed 5
15        unless the Authority with respect to an individual
16        solicitation determines that a specified number
17        greater than 5 is in the best interest of the Authority
18        and is consistent with the purposes and objectives of
19        the 2-phase design-build selection process.
20            (E) All designs submitted as part of the 2-phase
21        selection process and not selected shall be
22        proprietary to the preparers.
 
23    Section 4.12. Limitations on Authority powers.
24    (a) The Authority may not:
25        (1) require or authorize the operation of, or operate

 

 

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1    or acquire by eminent domain or otherwise, any public
2    transportation facility or service on terms or in a manner
3    which unreasonably interferes with the ability of a
4    railroad to provide efficient freight or intercity
5    passenger service. This paragraph does not bar the
6    Authority from acquiring title to any property in a manner
7    consistent with this paragraph;
8        (2) obtain by eminent domain any interest in a
9    right-of-way or any other real property of a railroad that
10    is not a public body in excess of the interest to be used
11    for public transportation as provided in this Act; or
12        (3) prohibit the operation of public transportation by
13    a private carrier that does not receive a grant or
14    purchase of service agreement from the Authority.
15    (b) If, in connection with any construction, acquisition,
16or other activity undertaken by or for the Authority or
17pursuant to any purchase of service or grant agreement with
18the Authority, a facility of a public utility, as defined in
19the Public Utilities Act, is removed or relocated from its
20then-existing site, all costs and expenses of such relocation
21or removal, including the cost of installing such facilities
22in a new location or locations, and the cost of any land or
23lands, interest in land, or any rights required to accomplish
24such relocation or removal, shall be paid by the Authority. If
25any such facilities are so relocated onto the properties of
26the Authority or onto properties made available for that

 

 

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1purpose by the Authority, there shall be no rent, fee, or other
2charge of any kind imposed upon the public utility owning or
3operating such facilities in excess of that imposed prior to
4such relocation and such public utility, and its successors
5and assigns, and the public utility shall be granted the right
6to operate such facilities in the new location or locations
7for as long a period and upon the same terms and conditions as
8it had the right to maintain and operate such facilities in
9their former location. Nothing in this subsection shall
10prevent the Authority and a transportation agency from
11agreeing in a purchase of service agreement or otherwise to
12make different arrangements for such relocations or the costs
13thereof.
 
14    Section 4.13. Appointment of officers and employees.
15    (a) The Authority may appoint, retain, and employ
16officers, attorneys, agents, engineers, and employees. The
17officers shall include an Executive Director, who shall be the
18chief executive officer of the Authority, appointed by the
19Chair with the concurrence of the Board.
20    (b) The Executive Director must be an individual of proven
21transportation and management skills and may not be a member
22of the Board, except as provided in subsection (d) of Section
232.07.
24    (c) The Executive Director shall hire and organize the
25staff of the Authority, shall allocate their functions and

 

 

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1duties, shall fix compensation and conditions of employment of
2the staff of the Authority, and, consistent with the policies
3of and direction from the Board, take all actions necessary to
4achieve the Executive Director's purposes, fulfill the
5Executive Director's responsibilities, and carry out the
6Executive Director's powers. The Executive Director shall have
7such other powers and responsibilities as the Board shall
8determine.
9    (d) The Authority may employ its own professional
10management personnel to provide professional and technical
11expertise concerning its purposes and powers and to assist it
12in assessing the performance of the Authority and the
13transportation agencies in the metropolitan region.
14    (e) No employee, officer, or agent of the Authority may
15receive a bonus that exceeds 10% of the employee's, officer's,
16or agent's annual salary unless the Board has approved that
17bonus. This subsection does not apply to usual and customary
18salary adjustments or payments made under performance-based
19compensation plans adopted pursuant to Section 5.04.
20    (f) Unlawful discrimination, as defined and prohibited in
21the Illinois Human Rights Act, shall not be made in any term or
22aspect of employment and there may not be discrimination based
23upon political reasons or factors. The Authority shall
24establish regulations to ensure that its discharges shall not
25be arbitrary and that hiring and promotion are based on merit.
26    (g) The Authority is subject to the Illinois Human Rights

 

 

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1Act and the remedies and procedures established under that
2Act. The Authority shall file an affirmative action program
3for employment by it with the Department of Human Rights to
4ensure that applicants are employed and that employees are
5treated during employment, without regard to unlawful
6discrimination. Such affirmative action program shall include
7provisions relating to hiring, upgrading, demotion, transfer,
8recruitment, recruitment advertising, selection for training,
9and rates of pay or other forms of compensation.
 
10    Section 4.14. Policy with respect to protective
11arrangements, collective bargaining, and labor relations.
12    (a) The Authority shall ensure that every employee of the
13Authority or a transportation agency shall receive fair and
14equitable protection against actions of the Authority, which
15shall not be less than those established pursuant to Section
1613(c) of the Urban Mass Transportation Act of 1964, as amended
17(49 U.S.C. 1609(c)), and Section 405(b) of the Rail Passenger
18Service Act of 1970, as amended (45 U.S.C. 565(b)), and as
19prescribed by the United States Secretary of Labor under those
20Acts at the time of the protective agreement or arbitration
21decision providing protection.
22    (b) There shall be no limitation on freedom of association
23among employees of the Authority nor any denial of the right of
24employees to join or support a labor organization and to
25bargain collectively through representatives of their own

 

 

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1choosing.
2    (c) The Authority and the duly accredited representatives
3of employees shall have the obligation to bargain collectively
4in good faith, and the Authority shall enter into written
5collective bargaining agreements with such representatives.
6    (d) As used in this Section, "actions of the Authority"
7includes the Authority's acquisition and operation of public
8transportation facilities, the execution of purchase of
9service and grant agreements made under this Act and the
10coordination, reorganization, combining, leasing, merging of
11operations, or the expansion or curtailment of public
12transportation services or facilities by the Authority.
13"Actions of the Authority" does not include a failure or
14refusal to enter into a purchase of service or grant
15agreement.
 
16    Section 4.15. Employee protection. The Authority shall
17negotiate or arrange for the negotiation of such fair and
18equitable employee arrangements with the employees, through
19their accredited representatives authorized to act for them.
20If agreement cannot be reached on the terms of such protective
21arrangement, any party may submit any matter in dispute to
22arbitration. In such arbitration, each party shall have the
23right to select nonvoting arbitration board members. The
24impartial arbitrator shall be selected by the American
25Arbitration Association and appointed from a current listing

 

 

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1of the membership of the National Academy of Arbitrators, upon
2request of any party. The impartial arbitrator's decision
3shall be final and binding on all parties. Each party shall pay
4an equal proportionate share of the impartial arbitrator's
5fees and expenses.
 
6    Section 4.16. Employee pensions. The Authority may
7establish and maintain systems of pensions and retirement
8benefits for officers and employees of the Authority as may be
9designated or described by ordinance of the Authority; may fix
10the classifications of the systems of pensions and retirement;
11may take such steps as may be necessary to provide that persons
12eligible for admission to the pension systems as officers and
13employees of the Authority or of a transportation agency whose
14operations are financed in whole or in part by the Authority,
15including that the officers and employees shall retain
16eligibility for admission to or continued coverage and
17participation under Title II of the federal Social Security
18Act, as amended, and the related provisions of the Federal
19Insurance Contributions Act, as amended, the federal Railroad
20Retirement Act, as amended, and the Railroad Retirement Tax
21Act, as amended, as the case may be; and may provide, in
22connection with the pension systems, a system of benefits
23payable to the beneficiaries and dependents of a participant
24in the pension systems after the death of the participant,
25whether accidental or otherwise, whether occurring in the

 

 

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1actual performance of duty or otherwise, or both, subject to
2exceptions, conditions, restrictions, and classifications as
3may be provided by ordinance of the Authority. The pension
4systems shall be financed or funded by means and in a manner as
5may be determined by the Authority to be economically
6feasible.
 
7    Section 4.17. Labor contracts.
8    (a) The Authority shall deal with and enter into written
9contracts with employees of the Authority through accredited
10representatives of the employees authorized to act for the
11employees concerning wages, salaries, hours, working
12conditions, and pension or retirement provisions. However,
13nothing in this Act shall be construed to permit hours of labor
14in excess of those prohibited by law or to permit working
15conditions prohibited by law.
16    (b) If the Authority acquires the public transportation
17facilities of a transportation agency and operates such
18facilities, all employees actively engaged in the operation of
19the facilities shall be transferred to and appointed as
20employees of the Authority, subject to all the rights and
21benefits of Sections 4.14 through 4.18, and the Authority
22shall assume and observe all applicable labor contracts and
23pension obligations. These employees shall be given seniority
24credit and sick leave, vacation, insurance, and pension
25credits in accordance with the records or labor agreements

 

 

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1from the acquired transportation system. Members and
2beneficiaries of any pension or retirement system or other
3benefits established by the acquired transportation system
4shall continue to have rights, privileges, benefits,
5obligations, and status with respect to the established
6retirement or retirement system. The Authority shall assume
7the obligations of any transportation system acquired by it
8with regard to wages, salaries, hours, working conditions,
9sick leave, health and welfare, and pension or retirement
10provisions for these employees. The Authority and the
11employees, through their representatives for collective
12bargaining purposes, shall take whatever action may be
13necessary to have pension trust funds presently under the
14joint control of such transportation agency and the
15participating employees through their representatives
16transferred to the trust funds to be established, maintained,
17and administered jointly by the Authority and the
18participating employees through their representatives.
19    (c) If the Authority takes any of the actions specified in
20subsection (d) of Section 4.14, it shall do so only after
21meeting the requirements of subsection (a) of Section 4.14 and
22Section 4.15. If the Authority acquires and operates the
23public transportation facilities of a transportation agency
24engaged in the transportation of persons by railroad, it shall
25do so only in such manner as to ensure the continued
26applicability to the railroad employees affected thereby of

 

 

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1the provisions of all federal statutes then applicable to them
2and a continuation of their existing collective bargaining
3agreements until the provisions of said agreements can be
4renegotiated by representatives of the Authority and the
5representatives of said employees duly designated as such
6pursuant to the terms and provisions of the Railway Labor Act,
7as amended (45 U.S.C. 151 et seq.). However, nothing in this
8subsection shall prevent the abandonment of such facilities,
9the discontinuance of such operations pursuant to applicable
10law, or the substitution of other operations or facilities for
11such operations or facilities, whether by merger,
12consolidation, coordination, or otherwise. If new or
13supplemental operations or facilities are substituted
14therefore, the provisions of Section 4.18 shall be applicable,
15and all questions concerning the selection of forces to
16perform the work of such new or supplemental facilities or
17operations and whether the Authority shall be required to
18ensure the continued applicability of the federal statutes
19applicable to such employees shall be negotiated and, if
20necessary, arbitrated, in accordance with subsection (a) of
21Section 4.18.
 
22    Section 4.18. Labor relations procedures.
23    (a) If the Authority proposes to operate or to enter into a
24contract to operate any new public transportation facility
25which may result in the displacement of employees or the

 

 

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1rearrangement of the working forces of the Authority or of a
2transportation agency, the Authority shall give at least 90
3days' written notice of such proposed operations to the
4representatives of the employees affected, and the Authority
5shall provide for the selection of forces to perform the work
6of that facility on the basis of agreement between the
7Authority and the representatives of such employees. If there
8is a failure to agree, the dispute may be submitted by the
9Authority or by any representative of the employees affected
10to final and binding arbitration by an impartial arbitrator to
11be selected by the American Arbitration Association from a
12current listing of arbitrators of the National Academy of
13Arbitrators.
14    (b) If there is a labor dispute not otherwise governed by
15this Act, by the Labor Management Relations Act of 1947, as
16amended, by the Railway Labor Act, as amended, or by impasse
17resolution provisions in a collective bargaining or protective
18agreement involving the Authority or any transportation agency
19financed, in whole or in part, by the Authority and the
20employees of the Authority or of any such transportation
21agency that is not settled by the parties thereto within 30
22days from the date of commencement of negotiations, either
23party may request the assistance of a mediator appointed by
24either the State or Federal Mediation and Conciliation
25Service, who shall seek to resolve the dispute. If the dispute
26is not resolved by mediation within a reasonable period, the

 

 

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1mediator shall certify to the parties that an impasse exists.
2Upon receipt of the mediator's certification, any party to the
3dispute may, within 7 days, submit the dispute to a
4fact-finder who shall be selected by the parties pursuant to
5the rules of the American Arbitration Association from a
6current listing of members of the National Academy of
7Arbitrators supplied by the American Arbitration Association.
8The fact-finder shall have the duty to hold hearings, or
9otherwise take evidence from the parties under such other
10arrangements as they may agree. Upon completion of the
11parties' submissions, the fact-finder may issue and make
12public findings and recommendations or refer the dispute back
13to the parties for such other appropriate action as the
14fact-finder may recommend. If the parties do not reach
15agreement after the issuance of the fact-finder's report and
16recommendations, or, in cases where neither party requests
17fact-finding, the Authority shall offer to submit the dispute
18to arbitration by a board composed of 3 persons, one appointed
19by the Authority, one appointed by the labor organization
20representing the employees, and a third member to be agreed
21upon by the labor organization and the Authority. The member
22agreed upon by the labor organization and the Authority shall
23act as Chair of the board. The determination of the majority of
24the board of arbitration thus established shall be final and
25binding on all matters in dispute. If, after a period of 10
26days from the date of the appointment of the 2 arbitrators

 

 

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1representing the Authority and the labor organization, the
2third arbitrator has not been selected, then either arbitrator
3may request the American Arbitration Association to furnish
4from a current listing of the membership of the National
5Academy of Arbitrators the names of 7 such members of the
6National Academy from which the third arbitrator shall be
7selected. The arbitrators appointed by the Authority and the
8labor organization, promptly after the receipt of such list,
9shall determine by lot the order of elimination, and,
10thereafter, each shall in that order alternately eliminate one
11name until only one name remains. The remaining person on the
12list shall be the third arbitrator. Each party shall pay
13one-half of the expenses of such arbitration.
14    As used in this subsection, "labor dispute" shall be
15broadly construed and shall include any controversy concerning
16wages, salaries, hours, working conditions, or benefits,
17including health and welfare, sick leave, insurance, or
18pension or retirement provisions, but not limited thereto.
19"Labor dispute" includes any controversy concerning any
20differences or questions that may arise between the parties,
21including, but not limited to, the making or maintaining of
22collective bargaining agreements, the terms to be included in
23such agreements, and the interpretation or application of such
24collective bargaining agreements and any grievance that may
25arise.
 

 

 

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1    Section 4.19. Workforce development.
2    (a) The Authority shall create or partner with a youth
3jobs program to provide internship or employment opportunities
4to youth and young adults to prepare them for careers in public
5transportation.
6    (b) The Authority may participate in and provide funding
7support for programs that prepare participants for careers in
8public transportation.
 
9    Section 4.20. Disadvantaged business enterprise
10contracting and equal employment opportunity programs.
11    (a) The Authority shall establish and maintain a
12disadvantaged business enterprise contracting program designed
13to ensure nondiscrimination in the award and administration of
14contracts not covered under a federally mandated disadvantaged
15business enterprise program. The program shall establish
16narrowly tailored goals for the participation of disadvantaged
17business enterprises as the Authority determines appropriate.
18The goals shall be based on demonstrable evidence of the
19availability of ready, willing, and able disadvantaged
20business enterprises relative to all businesses ready,
21willing, and able to participate in the program's contracts.
22The program shall require the Authority to monitor the
23progress of the contractors' obligations with respect to the
24program's goals. Nothing in this program shall conflict with
25or interfere with the maintenance or operation of, or

 

 

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1compliance with, any federally mandated disadvantaged business
2enterprise program.
3    (b) The Authority shall establish and maintain a program
4designed to promote equal employment opportunity. Each year,
5no later than October 1, the Authority shall report to the
6General Assembly on the number of the Authority's respective
7employees and the number of the Authority's respective
8employees who have designated themselves as members of a
9minority group and minority gender.
10    (c) Each year, no later than October 1, and starting no
11later than the first October 1 after the establishment of its
12disadvantaged business enterprise contracting programs, the
13Authority shall submit a report with respect to such program
14to the General Assembly.
15    (d) Each year, no later than October 1, the Authority
16shall submit a copy of its federally mandated semi-annual
17Uniform Report of Disadvantaged Business Enterprises Awards or
18Commitments and Payments to the General Assembly.
19    (e) The Authority shall use the Illinois Works Job Program
20and other job training and job creation programs to the extent
21allowed by law and operationally feasible.
 
22    Section 4.21. Research and development. The Authority
23shall:
24        (1) study public transportation problems and
25    developments; encourage experimentation in developing new

 

 

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1    public transportation technology, financing methods, and
2    management procedures;
3        (2) conduct, in cooperation with other public and
4    private agencies, studies, demonstrations, and development
5    projects to test and develop methods for improving public
6    transportation, for reducing its costs to users, or for
7    increasing public use; and
8        (3) conduct, sponsor, and participate in other studies
9    and experiments, which may include fare demonstration
10    programs and transportation technology pilot programs, in
11    conjunction with public agencies, including the United
12    States Department of Transportation, the Illinois
13    Department of Transportation, the Illinois State Toll
14    Highway Authority, and the Chicago Metropolitan Agency for
15    Planning, useful to achieving the purposes of this Act.
 
16    Section 4.22. Protection of the environment.
17    (a) The Authority shall take all feasible and prudent
18steps to minimize environmental disruption and pollution
19arising from its activities and from public transportation
20activities of transportation agencies acting pursuant to
21purchase of service or grant agreements. In carrying out its
22purposes and powers under this Act, the Authority shall seek
23to reduce environmental disruption and pollution arising from
24all forms of transportation of persons within the metropolitan
25region. The Authority shall employ persons with skills and

 

 

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1responsibilities for determining how to minimize such
2disruption and pollution.
3    (b) In recognition of the fact that the transportation
4sector accounts for approximately a third of the greenhouse
5gases generated in the State and that public transportation
6moves people with fewer such emissions, the Authority shall
7work cooperatively with the Department of Transportation, the
8Illinois State Toll Highway Authority, the Chicago
9Metropolitan Agency for Planning, and other units of
10government to assist them in using investments in public
11transportation facilities and operations as a tool to help
12them meet their greenhouse gas emissions reduction goals. To
13the maximum extent allowed by law, the Authority is eligible
14to receive funding and other assistance from local, state, and
15federal sources so the Authority can assist in using improved
16and expanded public transportation in the metropolitan region
17to reduce greenhouse gas emissions and other pollution
18generated by the transportation sector.
19    (c) Subject to all applicable laws, the Authority may
20participate in market-based environmental remediation
21programs, including, but not limited to, carbon emissions
22markets, through which the Authority can realize revenue
23reflecting the value of greenhouse gas emissions reductions it
24delivers through public transportation services in the
25metropolitan region.
 

 

 

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1    Section 4.23. Bikeways and trails. The Authority may use
2its funds, personnel, and other resources to acquire,
3construct, operate, and maintain on-road and off-road
4bikeways, bike lanes, sidewalks, and trails that connect
5people to public transportation facilities and services. The
6Authority shall cooperate with other governmental and private
7agencies in bikeway, sidewalk, and trail programs.
 
8    Section 4.24. Clean, green, or alternative fuel vehicles.
9Any vehicles purchased from funds made available to the
10Authority from the Transportation Bond, Series B Fund, or the
11Multi-modal Transportation Bond Fund must incorporate
12technologies advancing energy commonly known as clean or green
13energy and alternative fuel technologies, to the extent
14practical.
 
15    Section 4.25. Zero-emission buses.
16    (a) As used in this Section:
17    "Zero-emission bus" means a bus that is:
18        (1) designed to carry more than 10 passengers and is
19    used to carry passengers for compensation;
20        (2) a zero-emission vehicle; and
21        (3) not a taxi.
22    "Zero-emission vehicle" means a fuel cell or electric
23vehicle that:
24        (1) is a motor vehicle;

 

 

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1        (2) is made by a commercial manufacturer;
2        (3) is manufactured primarily for use on public
3    streets, roads, and highways;
4        (4) has a maximum speed capability of at least 55
5    miles per hour;
6        (5) is powered entirely by electricity or powered by
7    combining hydrogen and oxygen, which runs the motor;
8        (6) has an operating range of at least one hundred
9    miles; and
10        (7) produces only water vapor and heat as byproducts.
11    (b) On or after July 1, 2026, the Authority may not enter
12into a new contract to purchase a bus that is not a
13zero-emission bus for the purpose of the Authority's bus
14fleet.
15    (c) For the purposes of determining compliance with this
16Section, the Authority is not in violation of this Section
17when failure to comply is due to:
18        (i) the unavailability of zero-emission buses from a
19    manufacturer or funding to purchase zero-emission buses;
20        (ii) the lack of necessary charging, fueling, or
21    storage facilities or funding to procure charging,
22    fueling, or storage facilities; or
23        (iii) the inability of a third party to enter into a
24    contractual or commercial relationship with the Authority
25    that is necessary to carry out the purposes of this
26    Section.
 

 

 

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1    Section 4.26. City-Suburban Mobility Innovations Program.
2    (a) The Authority may establish a City-Suburban Mobility
3Innovations Program and deposit moneys into a City-Suburban
4Mobility Innovations Fund. Amounts on deposit in the Fund and
5interest and other earnings on those amounts may be used by the
6Authority with the approval of the Board and, after a
7competitive application and scoring process that includes an
8opportunity for public participation, for operating or capital
9grants or loans to transportation agencies or units of local
10government for the following purposes:
11        (1) providing public transportation services that
12    enhance local mobility, including, but not limited to,
13    demand-responsive transit services, ridesharing, van
14    pooling, micromobility and mobility hubs, and first-mile
15    and last-mile services;
16        (2) enhancing safe access to fixed-route public
17    transportation services for bicyclists and pedestrians
18    through improvements to sidewalk and path networks,
19    bicycle lanes, crosswalks, lighting, and other
20    improvements;
21        (3) offering workforce development and training that
22    provides a pathway for careers in public transportation in
23    the metropolitan region; and
24        (4) testing new technologies, features, and
25    enhancements to the public transportation system to

 

 

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1    determine their value and readiness for broader adoption.
2    (b) The Authority shall develop and publish scoring
3criteria that it will use in making awards from the
4City-Suburban Mobility Innovations Fund.
5    (c) Any grantee that receives funds under this Section
6must (i) implement such programs within one year of receipt of
7such funds and (ii) within 2 years following commencement of
8any program using such funds, determine whether it is
9desirable to continue the program, and upon such a
10determination, either incorporate such program into its annual
11operating budget and capital program or discontinue such
12program. No additional funds under this Section may be
13distributed to a grantee for any individual program beyond 2
14years unless the Board waives this limitation. Any such waiver
15will be with regard to an individual program and with regard to
16a one-year period, and any further waivers for such individual
17program require a subsequent vote of the Board.
18    (d) The Authority may reallocate unused funds deposited
19into the City-Suburban Mobility Innovations Fund to other
20Authority purposes and programs.
 
21    Section 4.27. Transit-Supportive Development Incentive
22Program.
23    (a) As used in this Section, "transit-supportive
24development" means commercial or residential development that
25is designed to expand the public transportation ridership base

 

 

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1or to effectively connect public transportation users to such
2developments. "Transit-supportive development" includes, but
3is not limited to, laws and policies that further these
4objectives, capital improvements that foster communities with
5high per capita transit ridership, and public transportation
6operation improvements that support efforts to build
7communities with high per capita transit ridership.
8    (b) The Authority may establish a Transit-Supportive
9Development Incentive Program and authorize the deposit of
10Authority moneys into a Transit-Supportive Development
11Incentive Fund. Amounts on deposit in the fund and interest
12and other earnings on those amounts may be used by the
13Authority, with the approval of its Directors and after a
14competitive application and scoring process that includes an
15opportunity for public participation, for operating or capital
16grants or loans to Service Boards, transportation agencies, or
17units of local government for the following purposes:
18        (1) investment in transit-supportive residential and
19    commercial development, including developments on or in
20    the vicinity of property owned by the Authority, an
21    Operating Division, or a transportation agency;
22        (2) grants to local governments to help cover the cost
23    of drafting and implementing land use, parking, and other
24    laws that are intended to encourage and will reasonably
25    have the effect of allowing or supporting
26    transit-supportive residential or commercial development;

 

 

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1    and
2        (3) providing resources for increased public
3    transportation service in and around transit-supportive
4    residential and commercial developments, especially newly
5    created transit-supportive developments.
6    (c) The Authority shall develop and publish scoring
7criteria that it will use in making awards from the
8Transit-Supportive Development Incentive Fund. Such scoring
9criteria shall prioritize high-density development in and in
10the near vicinity of public transportation stations and routes
11and shall prioritize projects that (i) are likely to increase
12per capita public transportation ridership, (ii) serve
13disadvantaged and transit populations, and (iii) are located
14in jurisdictions that have land use and other policies that
15encourage the level of residential density and concentration
16of businesses in walkable districts accessible by public
17transportation required to support financially viable public
18transportation service with substantial ridership.
19    (d) Any grantee that receives funds under this Section
20must (i) implement such programs within one year of receipt of
21such funds and (ii) within 2 years following commencement of
22any program utilizing such funds, determine whether it has
23resulted in increased use of public transportation by those
24residing in the area covered by the program or those accessing
25the area from outside the area. No additional funds under this
26Section may be distributed to a grantee for any individual

 

 

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1program beyond 2 years unless the Board of the Authority
2waives this limitation. Any such waiver will be with regard to
3an individual program and with regard to a one-year period,
4and any further waivers for such individual program require a
5subsequent vote of the Board.
6    (e) The Authority may reallocate unused funds deposited
7into the Transit-Supportive Development Incentive Fund to
8other Authority purposes and programs.
 
9    Section 4.28. Coordination with planning agencies. The
10Authority shall cooperate with the various public agencies
11charged with the responsibility for long-range or
12comprehensive planning for the metropolitan region. The
13Authority shall consider the forecasts and plans of the
14Chicago Metropolitan Agency for Planning in developing the
15Strategic Plan, Five-Year Capital Program, and Service
16Standards. The Authority shall, prior to the adoption of a
17Strategic Plan or Five-Year Capital Program, submit its
18proposals to the Chicago Metropolitan Agency for Planning for
19review and comment. The Authority may make use of existing
20studies, surveys, plans, data, and other materials in the
21possession of a State agency or department, a planning agency,
22or a unit of local government.
 
23    Section 4.29. Planning activities.
24    (a) The Authority may adopt subregional or corridor plans

 

 

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1for specific geographic areas of the metropolitan region in
2order to improve the adequacy, efficiency, equity, and
3coordination of existing, or the delivery of new, public
4transportation. Such plans may also address areas outside the
5metropolitan region that may impact public transportation use
6in the metropolitan region.
7    (b) In preparing a subregional or corridor plan, the
8Authority may examine travel markets, demographic shifts,
9changes in passenger behavior, preferences, or attitudes, and
10other pertinent factors to identify changes in operating
11practices or capital investment in the subregion or corridor
12that could increase ridership, reduce costs, improve
13coordination, or enhance transit-oriented development.
14    (c) The Authority shall have principal responsibility for
15initiating any alternatives analysis and preliminary
16environmental assessment required by federal or State law for
17any new public transportation service or facility in the
18metropolitan region in addition to conducting public and
19stakeholder engagement activities to inform planning
20decisions.
 
21    Section 4.30. Protection against crime; transit ambassador
22program.
23    (a) The Authority shall cooperate with the various State,
24municipal, county, and transportation agency police forces in
25the metropolitan region for the protection of employees and

 

 

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1consumers of public transportation services and public
2transportation facilities against crime.
3    (b) The Authority may provide by ordinance for an
4Authority police force to aid, coordinate, and supplement
5other police forces in protecting persons and property and
6reducing the threats of crime with regard to public
7transportation. Such police shall have the same powers with
8regard to the protection of persons and property as those
9exercised by police of municipalities and may include members
10of other police forces in the metropolitan region.
11    (c) The Authority shall establish minimum standards for
12selection and training of members of a police force employed
13by the Authority. Training shall be accomplished at schools
14certified by the Illinois Law Enforcement Training Standards
15Board established pursuant to the Illinois Police Training
16Act. Such training is subject to the rules and standards
17adopted pursuant to Section 7 of that Act. The Authority may
18participate in any training program conducted under that Act.
19    (d) The Authority may provide for the coordination or
20consolidation of security services and police forces
21maintained with regard to public transportation services and
22facilities by various transportation agencies and may contract
23with any municipality or county in the metropolitan region to
24provide protection of persons or property with regard to
25public transportation. Employees of the Authority or of any
26transportation agency affected by any action of the Authority

 

 

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1under this Section are covered under the protections set forth
2in Section 4.15.
3    (e) The Authority shall implement a transit ambassador
4program following industry best practices to improve safety
5and customer service in the public transportation system.
6    (f) The Authority shall evaluate the efficacy of policing
7and transit ambassador programs on a regular basis, no less
8than every 5 years in conjunction with its adoption of its
9Strategic Plan, and make appropriate adjustments to such
10programs.
11    (g) The Authority may perform fare inspections and issue
12fare violation tickets using personnel other than law
13enforcement, including transit ambassadors.
14    (h) Neither the Authority nor any of their Directors,
15officers, or employees may be held liable for failure to
16provide a security or police force or, if a security or police
17force is provided, for failure to provide adequate police
18protection or security, failure to prevent the commission of
19crimes by fellow passengers or other third persons, or for the
20failure to apprehend criminals.
 
21    Section 4.31. Traffic law enforcement.
22    (a) The Authority may cooperate with local governments and
23law enforcement agencies in the metropolitan region on the
24enforcement of laws designed to protect the quality and safety
25of public transportation operations, such as laws prohibiting

 

 

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1unauthorized vehicles from blocking bus stops, bus lanes, or
2other facilities designated for use by transit vehicles and
3transit users.
4    (b) Local governments and law enforcement agencies in the
5metropolitan region are authorized to accept photographic,
6video, or other records derived from cameras and other sensors
7on public transportation vehicles and facilities as prima
8facie evidence of a violation of laws that protect the quality
9and safety of public transportation operations.
10    (c) The Authority may establish by rule an enforcement
11program that covers jurisdictions in the metropolitan region
12that lack laws that protect the quality and safety of public
13transportation operations or that, in the Authority's sole
14discretion, fail to adequately enforce such laws.
15    (d) An enforcement program established under this Section
16shall contain the following elements:
17        (1) clear definitions of what constitutes a violation,
18    such as specifying the number of feet around bus stops
19    where unauthorized vehicles are prohibited from parking;
20        (2) publication on the Authority's website of
21    descriptions and locations of public transportation
22    facilities that are subject to the Authority's enforcement
23    program and other pertinent information about the
24    enforcement program;
25        (3) a description of the types of evidence, such as
26    bus camera photos or video, which are sufficient to make a

 

 

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1    prima facie case that a vehicle or person has violated an
2    Authority enforcement rule;
3        (4) provision of adequate notice of an alleged
4    violation to the registered owner of the vehicle, such as
5    notice by first-class mail;
6        (5) an administrative adjudication process that gives
7    registered vehicle owners an opportunity to be heard by a
8    neutral party appointed by the Authority;
9        (6) a process through which vehicle lessors may
10    transfer responsibility for a violation to lessees of
11    their vehicles;
12        (7) use of Internet tools, such as remote hearings and
13    allowance of online submission of documents contesting an
14    alleged violation, to provide alleged violators an
15    adequate opportunity to contest their alleged violation;
16    and
17        (8) violation fees that are no higher than the highest
18    administrative fees imposed for similar violations by
19    other public agencies in the metropolitan region.
20    (e) The Authority shall:
21        (1) cooperate with local governments and law
22    enforcement agencies to help improve their enforcement of
23    their laws that are designed to improve the quality and
24    safety of public transportation operations; and
25        (2) inform and consult with local governments and law
26    enforcement agencies in jurisdictions in which the

 

 

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1    Authority is establishing and operating an enforcement
2    program under subsections (c) and (d).
3    (f) In its enforcement programs, if any, under subsection
4(c) and through its cooperation with local governments and law
5enforcement agencies on their enforcement programs, the
6Authority shall strive for as much standardization as feasible
7throughout the metropolitan region in enforcement programs
8designed to improve the quality and safety of public
9transportation operations.
 
10    Section 4.32. Suspension of riding privileges and
11confiscation of fare media.
12    (a) As used in this Section, "demographic information"
13includes, but is not limited to, age, race, ethnicity, gender,
14and housing status, as that term is defined under Section 10 of
15the Bill of Rights for the Homeless Act.
16    (b) Suspension of riding privileges and confiscation of
17fare media are limited to:
18        (1) violations where the person's conduct places
19    public transportation employees or passengers in
20    reasonable apprehension of a threat to their safety or the
21    safety of others, including assault and battery, as those
22    terms are used in Sections 12-1 and 12-3 of the Criminal
23    Code of 2012;
24        (2) violations where the person's conduct places
25    public transportation employees or passengers in

 

 

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1    reasonable apprehension of a threat of a criminal sexual
2    assault, as that term is used under Section 11-1.20 of the
3    Criminal Code of 2012; and
4        (3) violations involving an act of public indecency,
5    as that term is used in Section 11-30 of the Criminal Code
6    of 2012.
7    (c) Written notice shall be provided to an individual
8regarding the suspension of the individual's riding privileges
9or confiscation of fare media. The notice shall be provided in
10person at the time of the alleged violation, except that, if
11providing notice in person at the time of the alleged
12violation is not practicable, then the Authority shall make a
13reasonable effort to provide notice to the individual by
14personal service, by mailing a copy of the notice by certified
15mail, return receipt requested, by first-class mail to the
16person's current address, or by emailing a copy of the notice
17to an email address on file, if available. If the person is
18known to be detained in jail, service shall be made as provided
19under Section 2-203.2 of the Code of Civil Procedure. The
20written notice shall be sufficient to inform the individual
21about the following:
22        (1) the nature of the suspension of riding privileges
23    or confiscation of fare media;
24        (2) the person's rights and available remedies to
25    contest or appeal the suspension of riding privileges or
26    confiscation of fare media and to apply for reinstatement

 

 

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1    of riding privileges; and
2        (3) the procedures for adjudicating whether a
3    suspension or confiscation is warranted and for applying
4    for reinstatement of riding privileges, including the time
5    and location of any hearing.
6    (d) The process to determine whether a suspension or
7riding privileges or confiscation of fare media is warranted
8and the length of the suspension shall be concluded within 30
9business days after the individual receives notice of the
10suspension or confiscation.
11    (e) Notwithstanding any other provision of this Section, a
12person may not be denied the ability to contest or appeal a
13suspension of riding privileges or confiscation of fare media
14or to attend an in-person or virtual hearing to determine
15whether a suspension or confiscation was warranted because the
16person was detained in a jail.
17    (f) The Authority shall create an administrative
18suspension hearing process as follows:
19        (1) the Authority shall designate an official to
20    oversee the administrative process to decide whether a
21    suspension is warranted and the length of the suspension;
22        (2) the accused and related parties, including legal
23    counsel, may attend this hearing in person, by telephone,
24    or virtually;
25        (3) the Authority shall present the suspension-related
26    evidence and outline the evidence that supports the need

 

 

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1    for the suspension;
2        (4) the accused or the accused's legal counsel may
3    present and make an oral or written presentation and offer
4    documents, including affidavits, in response to the
5    Authority's evidence;
6        (5) the Authority's designated official shall make a
7    finding on the suspension;
8        (6) the value of unexpended credit or unexpired passes
9    shall be reimbursed upon suspension of riding privileges
10    or confiscation of fare media;
11        (7) the alleged victims of the violation and related
12    parties, including witnesses who were present, may attend
13    this hearing in person, by telephone, or virtually; and
14        (8) the alleged victims of the violation and related
15    parties, including witnesses who were present, may present
16    and make an oral or written presentation and offer
17    documents, including affidavits, in response to the
18    Authority's evidence.
19    (g) The Authority shall create a process to appeal and
20reinstate ridership privileges. This information shall be
21provided to the suspended rider at the time of the Authority's
22findings. A suspended rider is entitled to an appeal after the
23Authority's finding to suspend the person's ridership. A
24suspended rider may petition the Authority to reinstate the
25person's ridership privileges one calendar year after the
26Authority's suspension finding if the length of the suspension

 

 

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1is more than one year.
2    (h) The Authority shall collect, report, and make publicly
3available quarterly the number and demographic information of
4people subject to suspension of riding privileges or
5confiscation of fare media; the conduct leading to the
6suspension or confiscation; and the location and description
7of the location where the conduct occurred, such as
8identifying the transit station or transit line, the date, and
9the time of day of the conduct, a citation to the statutory
10authority for which the accused person was arrested or
11charged, the amount, if any, on the fare media, and the length
12of the suspension.
 
13    Section 4.33. Domestic Violence and Sexual Assault
14Transportation Assistance Program.
15    (a) The Authority shall continue the Domestic Violence and
16Sexual Assault Regional Transit Authority Public
17Transportation Assistance Program established by the Regional
18Transportation Authority Act (repealed) to serve residents of
19the metropolitan region. Through this Program, the Authority
20shall issue monetarily preloaded mass transit cards to The
21Network: Advocating Against Domestic Violence for survivor and
22victim use of public transportation in the metropolitan
23region.
24    (b) The Authority shall coordinate with The Network:
25Advocating Against Domestic Violence to issue no less than

 

 

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125,000 monetarily preloaded mass transit cards with a value of
2$20 per card for distribution to domestic violence and sexual
3assault service providers throughout the Authority's
4jurisdiction.
5    (c) The mass transit card shall be plastic or laminated
6and wallet-sized, contain no information that would reference
7domestic violence or sexual assault services, and have no
8expiration date. The cards shall also be available
9electronically and shall be distributed to domestic violence
10and sexual assault direct service providers to distribute to
11survivors.
12    (d) The creation of the Program shall include an
13appointment of a domestic violence or sexual assault program
14service provider or a representative of the service provider's
15choosing to the Authority's Citizen Advisory Board.
16    (e) The Network: Advocating Against Domestic Violence
17shall provide an annual report of the program, including a
18list of service providers receiving the mass transit cards,
19the total number of cards received by each service provider,
20and an estimated number of survivors and victims of domestic
21violence and sexual assault participating in the program. The
22report shall also include survivor testimonies of the program
23and shall include recommendations on improving implementation
24of the Program. The first report shall be provided to the
25Authority one calendar year after the creation of the Program.
26    (f) In partnership with The Network: Advocating Against

 

 

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1Domestic Violence, the Authority shall report this information
2to the Board and the Citizen Advisory Board and compile an
3annual report of the Program to the General Assembly and to
4domestic violence and sexual assault service providers in the
5service providers' jurisdiction and include recommendations
6for improving implementation of the Program.
 
7    Section 4.34. Safety.
8    (a) The Authority shall establish, enforce, and facilitate
9achievement and maintenance of standards of safety with
10respect to public transportation provided by the Authority or
11by transportation agencies pursuant to purchase of service or
12grant agreements.
13    (b) In recognition of the fact that travel by public
14transportation is significantly safer than travel by other
15means of surface transportation, the Authority shall work
16cooperatively with the Department of Transportation, the
17Illinois State Toll Highway Authority, the Chicago
18Metropolitan Agency for Planning, and other units of
19government to assist them in using investments in public
20transportation facilities and operations as a tool to help the
21Department and units of local government meet their roadway
22crash, fatality, and serious injury reduction goals. To the
23maximum extent allowed by law, the Authority is eligible to
24receive funding and other assistance from local, state, and
25federal sources so the Authority can assist in using improved

 

 

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1and expanded public transportation in the metropolitan region
2to improve safety in the surface transportation sector.
3    (c) The security portion of the system safety program,
4investigation reports, surveys, schedules, lists, or data
5compiled, collected, or prepared by or for the Authority under
6this subsection is exempt from disclosure under the Freedom of
7Information Act, shall not be subject to discovery or admitted
8into evidence in federal or State court, or shall not be
9considered for other purposes in any civil action for damages
10arising from any matter mentioned or addressed in such
11reports, surveys, schedules, lists, data, or information.
12    (d) Neither the Authority nor its directors, officers, or
13employees may not be held liable in any civil action for any
14injury to any person or property for any acts or omissions or
15failure to act under this Section or pursuant to 49 CFR Part
16659.
17    (e) Nothing in this Section alleviates an individual's
18duty to comply with the State Officials and Employees Ethics
19Act.
 
20    Section 4.35. Competition. It is the policy of this State
21that all powers granted, either expressly or by necessary
22implication, by this Act or any other Illinois statute to the
23Authority may be exercised by the Authority notwithstanding
24effects on competition. It is the intention of the General
25Assembly that the state action exemption to the application of

 

 

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1federal antitrust statutes be fully available to the Authority
2to the extent its activities are authorized by law as stated
3herein.
 
4    Section 4.36. Prompt payment. Purchases made pursuant to
5this Act shall be made in compliance with the Local Government
6Prompt Payment Act.
 
7
Article V. ACCOUNTABILITY

 
8    Section 5.01. Director selection process. The following
9requirements apply to the appointing authorities for Directors
10of the Board and members of the Citizens Advisory Board:
11        (1) Those responsible for appointing Directors shall
12    strive to assemble a set of Board members that, to the
13    greatest extent possible, reflects the ethnic, cultural,
14    economic, and geographic diversity of the metropolitan
15    region.
16        (2) The Authority shall implement the following
17    process to provide public input into the Director
18    selection process and bring qualified Board member
19    candidates to the attention of the appointing authorities:
20            (A) At least 90 days before the expiration of the
21        term of a Director, or upon notice of the resignation,
22        death, or removal of a Director, the Authority shall
23        issue and publicize a request for applications and

 

 

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1        nominations to fill that Director position. The
2        request shall provide at least 30 days for submission
3        of applications and nominations.
4            (B) As soon as practical after the closure of the
5        period for applications and nominations, the Authority
6        shall publicly post the names and a summary of the
7        background and qualifications of at least 2
8        individuals that the appointing authority believes are
9        qualified to fill the Director position. Such
10        individuals may but need not be from among those
11        people who applied for or were nominated to fill the
12        Director position pursuant to subparagraph (A). The
13        posting shall give the public instructions for how
14        they may comment on those individuals identified by
15        the appointing authority and give them at least 21
16        days to submit such comments.
17            (C) After considering comments submitted under
18        subparagraph (B), the appointing authority may proceed
19        with the appointment process as long as the appointing
20        authority appoints as a Director a person who was
21        first identified under subparagraph (B), or the
22        appointing authority may cause the Authority, pursuant
23        to subparagraph (B), to post a new set of individuals
24        who are qualified to fill the Director position and
25        follow the process required by subparagraphs (B) and
26        (C) until the new Director is appointed and qualified.

 

 

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1            (D) The Authority shall commence the process set
2        forth in this paragraph (2) sufficiently in advance of
3        the date of the anticipated vacancy on the Board to
4        minimize the duration of such vacancy.
 
5    Section 5.02. System usage requirements.
6    (a) Each calendar quarter, the Authority shall collect and
7publish the number of trips taken by each Director by public
8transportation in the metropolitan region.
9    (b) The Board may adopt rules governing system usage by
10Directors consistent with the intention of this Act that the
11Directors overseeing the public transportation system of the
12metropolitan region should have substantial ridership
13experience on that system.
14    (c) The Board may adopt public transportation system usage
15requirements for the executives and staff of the Authority
16that are no less demanding than public transportation system
17ridership requirements applicable to Directors. System
18ridership requirements may be included in performance-based
19compensation systems established under Section 5.04.
20    (d) The Authority may incorporate public transportation
21system usage requirements into its agreements with
22transportation agencies and goods and services providers.
23    (e) The Authority shall put in place reasonable mechanisms
24to ensure against efforts to evade public transportation
25system ridership requirements imposed under this Section.
 

 

 

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1    Section 5.03. Director attendance requirement.
2    (a) The Board shall adopt rules regarding the required
3frequency of Director attendance at Board meetings.
4    (b) The failure of a Director to meet the Director
5attendance requirement shall constitute sufficient grounds for
6removal of that Director from the Board under subsection (a)
7of Section 2.08.
 
8    Section 5.04. Employment agreements; performance-based
9compensation.
10    (a) By no later than one year after the effective date of
11this Act, after consideration of best practices for executive
12compensation, the Authority shall enter into written
13employment agreements with at least the 5 most senior staff
14executives or officers of the Authority.
15    (b) The Authority may implement a performance-based
16compensation system. A performance-based compensation system
17established under this subsection must tie a significant
18portion of senior executive compensation to the achievement or
19nonachievement of performance standards that relate to the
20quality of public transit services delivered to the public.
21    (c) Each senior executive participating in a
22performance-based compensation system must enter into an
23employment agreement with the Authority that describes the
24performance-based compensation system and contains the other

 

 

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1terms and conditions of employment.
2    (d) If it implements a performance-based compensation
3system, the Board shall annually review and approve
4compensation adjustments, positive or negative, for senior
5executives of the Authority under the performance-based
6compensation system.
7    (e) Subject to any applicable collective bargaining
8agreement, the Authority may extend the performance-based
9compensation system to include more staff positions at the
10Authority.
11    (f) The Authority may incorporate performance-based
12compensation system requirements into its agreements with
13transportation agencies and goods and services providers.
 
14    Section 5.05. Revolving door prohibition. A Director,
15Citizen Advisory Board member, former Director, or former
16Citizen Advisory Board member shall, during the Director's or
17member's, or former Director's or former member's, term, and
18for a period of one year immediately after the end of the
19Director's or member's, or former Director's or former
20member's, term, engage in business dealings with, knowingly
21accept employment from, or receive compensation or fees for
22services from the Authority. This prohibition does not apply
23to any business dealings engaged in by the Director or member
24in the course of the Director's or member's official duties or
25responsibilities as a Director or member.
 

 

 

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1    Section 5.06. Public plans. The Authority shall implement
2its responsibilities in 5 public documents adopted by its
3Directors: a Strategic Plan; a Five-Year Capital Program; an
4Annual Capital Improvement Plan; an Annual Budget and Two-Year
5Financial Plan; and Service Standards.
 
6    Section 5.07. Strategic Plan.
7    (a) The Authority shall adopt a Strategic Plan, no less
8than every 5 years, after holding a minimum of one public
9hearing in each of the counties in the metropolitan region.
10    (b) To the maximum extent feasible, the Authority shall
11adopt its Strategic Plan on a similar schedule as the regional
12comprehensive plan adopted by the Chicago Metropolitan Agency
13for Planning.
14    (c) In developing the Strategic Plan, the Authority shall
15rely on such demographic and other data, forecasts, and
16assumptions developed by the Chicago Metropolitan Agency for
17Planning with respect to the patterns of population density
18and growth, projected commercial and residential development,
19and environmental factors within the metropolitan region and
20in areas outside the metropolitan region that may impact
21public transportation use in the metropolitan region.
22    (d) The Authority shall also consult with the Department
23of Transportation's Office of Planning and Programming, the
24Illinois State Toll Highway Authority, and municipal and

 

 

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1county departments of transportation when developing the
2Strategic Plan.
3    (e) Before adopting or amending a Strategic Plan, the
4Authority shall consult with the Chicago Metropolitan Agency
5for Planning regarding the consistency of the Strategic Plan
6with the Regional Comprehensive Plan adopted pursuant to the
7Regional Planning Act.
8    (f) The Authority may use staff of the Chicago
9Metropolitan Agency for Planning for planning-related purposes
10on terms and conditions acceptable to the Authority and the
11Chicago Metropolitan Agency for Planning.
12    (g) The Strategic Plan shall describe the specific actions
13to be taken by the Authority to provide adequate, efficient,
14equitable, and coordinated public transportation.
15    (h) The Strategic Plan shall identify goals and objectives
16with respect to:
17        (1) increasing ridership and passenger miles on public
18    transportation funded by the Authority;
19        (2) coordination of public transportation services and
20    the investment in public transportation facilities to
21    enhance the integration of public transportation
22    throughout the metropolitan region;
23        (3) coordination of fare and transfer policies to
24    promote transfers by riders among public transportation
25    modes;
26        (4) improvements in public transportation facilities

 

 

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1    to bring those facilities into a state of good repair,
2    enhancements that attract ridership and improve customer
3    service, and expansions needed to serve areas with
4    sufficient demand for public transportation;
5        (5) access for transit-dependent populations,
6    including access by low-income communities to places of
7    employment, using analyses provided by the Chicago
8    Metropolitan Agency for Planning regarding employment and
9    transportation availability and considering the location
10    of employment centers in each county and the availability
11    of public transportation at off-peak hours and on
12    weekends;
13        (6) the financial viability of the public
14    transportation system, including both operating and
15    capital programs;
16        (7) improving roadway operations within the
17    metropolitan region and enhancing transit options to
18    improve mobility;
19        (8) land use policies, practices, and incentives that
20    will make more effective use of public transportation
21    services and facilities as community assets and encourage
22    the siting of businesses, homes, and public facilities
23    near public transportation services and facilities to
24    provide convenient and affordable travel for residents,
25    customers, and employees in the metropolitan region;
26        (9) policies, practices, and incentives that will

 

 

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1    better integrate public transportation with other active
2    modes of transportation; and
3        (10) other goals and objectives that advance the
4    policy of the State to provide adequate, efficient,
5    equitable and coordinated public transportation in the
6    metropolitan region.
7    (i) The Strategic Plan shall establish the process and
8criteria by which proposals for capital improvements by the
9Authority or a transportation agency shall be evaluated by the
10Authority for inclusion in the Five-Year Capital Program,
11which shall be in accordance with the prioritization process
12set forth in Section 5.08, and may include criteria for:
13        (1) allocating funds among maintenance, enhancement,
14    and expansion improvements;
15        (2) projects to be funded from the City-Suburban
16    Mobility Innovations Fund;
17        (3) projects intended to improve or enhance ridership
18    or customer service;
19        (4) design and location of station or transit
20    improvements intended to promote transfers, increase
21    ridership, and support transit-oriented land development;
22        (5) assessing the impact of projects on the ability to
23    operate and maintain the existing transit system; and
24        (6) other criteria that advance the goals and
25    objectives of the Strategic Plan.
26    (j) The Strategic Plan shall identify innovations to

 

 

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1improve the delivery of public transportation and the
2construction of public transportation facilities, including
3new vehicle technologies, operational practices, financial
4arrangements, and other innovations that may benefit the
5metropolitan region.
6    (k) The Strategic Plan shall extend on the plans adopted
7pursuant to Sections 5.09, 5.10, 5.11, and 5.12 and describe
8the expected financial condition of public transportation in
9the metropolitan region prospectively over a 10-year period,
10which may include information about the cash position and all
11known obligations of the Authority, including operating
12expenditures, debt service, contributions for payment of
13pension and other post-employment benefits, the expected
14revenues from fares, tax receipts, grants from the federal,
15State, and local governments for operating and capital
16purposes and issuance of debt, the availability of working
17capital, and the additional resources, if any, needed to
18achieve the goals and objectives described in the Strategic
19Plan. The Strategic Plan shall outline the Authority's plan
20for dealing with any projected shortfall in financial
21resources necessary to keep public transportation facilities
22in a state of good repair and to deliver public transportation
23services that meet Service Standards adopted pursuant to
24Section 5.11.
25    (l) The Executive Director of the Authority shall review
26the Strategic Plan on an ongoing basis and make

 

 

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1recommendations to the Board with respect to any update or
2amendment of the Strategic Plan.
 
3    Section 5.08. Prioritization process for transit capital
4projects.
5    (a) The Authority shall develop a transparent
6prioritization process for metropolitan region transit capital
7projects to identify projects that will most effectively
8achieve the goals of the Strategic Plan and improve the
9quality of public transportation services contemplated by the
10Service Standards.
11    (b) The Authority shall use the prioritization process
12when developing its Five-Year Capital Program pursuant to
13Section 5.09 and for its other capital planning processes.
14    (c) The prioritization process must consider, at a
15minimum:
16        (1) increasing access to key destinations such as
17    jobs, retail, healthcare, and recreation;
18        (2) reliability improvement;
19        (3) capacity needs;
20        (4) safety:
21        (5) state of good repair;
22        (6) racial equity and mobility justice;
23        (7) environmental protection;
24        (8) the Service Standards; and
25        (9) economic development.

 

 

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1    (d) All capital funding awards shall be made by the
2Authority in accordance with the prioritization process. An
3appropriate public input process shall be established. The
4Authority shall make a report to the General Assembly each
5year describing the prioritization process and its use in
6funding awards.
7    (e) A summary of the project evaluation process, measures,
8program, and scores or prioritization criteria for all
9candidate projects shall be published on the Authority's
10website in a timely manner.
11    (f) No project shall be included in the Five-Year Capital
12Program, or amendments to that Program, without being
13evaluated under the selection process described in this
14Section.
 
15    Section 5.09. Five-Year Capital Program.
16    (a) The Authority, after holding a minimum of one public
17hearing in each of the counties in the metropolitan region,
18shall each year adopt a Five-Year Capital Program that shall
19include each capital improvement to be undertaken by the
20Authority or on behalf of the Authority by a transportation
21agency.
22    (b) The Authority shall prepare and publish its
23preliminary Five-Year Capital Program by October 15 of each
24year based on any criteria for capital improvements contained
25in the Strategic Plan, the capital project prioritization

 

 

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1process established in Section 5.08, the Service Standards,
2the transit asset management plans required by 49 CFR 625.25,
3and other criteria determined by the Authority so long as the
4improvements are not inconsistent with any subregional or
5corridor plan adopted by the Authority and can be funded
6within amounts available with respect to the capital and
7operating costs of such improvement.
8    (c) The Authority shall give priority to improvements that
9are intended to bring public transportation facilities into a
10state of good repair.
11    (d) Before adopting a Five-Year Capital Program, the
12Authority shall consult with the Chicago Metropolitan Agency
13for Planning regarding the consistency of the Five-Year
14Capital Program with the Regional Comprehensive Plan adopted
15pursuant to the Regional Planning Act.
16    (e) The Authority shall adopt a final Five-Year Capital
17Program prior to the beginning of the next fiscal year.
 
18    Section 5.10. Annual Capital Improvement Plan.
19    (a) Each year, the Authority shall prepare as part of its
20Five-Year Capital Program an Annual Capital Improvement Plan,
21which shall include the following information:
22        (1) a list of projects for which approval is sought
23    from the Governor, with a description of each project
24    stating at a minimum the project cost, its category, its
25    location, and the entity responsible for its

 

 

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1    implementation;
2        (2) a certification by the Authority that the
3    Authority applied for all grants, loans, and other moneys
4    made available by the federal government or the State of
5    Illinois during the preceding federal and State fiscal
6    years for financing its capital development activities;
7        (3) a certification that, as of September 30 of the
8    preceding calendar year or any later date, the balance of
9    all federal capital grant funds and all other funds to be
10    used as matching funds therefore which were committed to
11    or possessed by the Authority but which had not been
12    obligated was less than $500,000,000, or a greater amount
13    as authorized in writing by the Governor. As used in this
14    paragraph, "obligated" means committed to be paid by the
15    Authority under a contract with a nongovernmental entity
16    in connection with the performance of a project or
17    committed under a force account plan approved by the
18    federal government;
19        (4) a certification that the Authority has adopted a
20    balanced budget with respect to such calendar year under
21    Section 5.12;
22        (5) a schedule of all bonds or notes previously issued
23    for Strategic Capital Improvement Projects and all debt
24    service payments to be made with respect to all such bonds
25    and the estimated additional debt service payments through
26    June 30 of the following calendar year expected to result

 

 

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1    from bonds to be sold prior thereto;
2        (6) a long-range summary of the Strategic Capital
3    Improvement Program describing the projects to be funded
4    through the Program with respect to project cost,
5    category, location, and implementing entity, and
6    presenting a financial plan, including an estimated time
7    schedule for obligating funds for the performance of
8    approved projects, issuing bonds, expending bond proceeds,
9    and paying debt service throughout the duration of the
10    Program; and
11        (7) the source of funding for each project in the
12    Plan. For any project for which full funding has not yet
13    been secured and that is not subject to a federal full
14    funding contract, the Authority must identify alternative,
15    dedicated funding sources available to complete the
16    project. The Governor may waive this requirement on a
17    project-by-project basis.
18    (b) The Authority shall submit the Plan, with respect to
19any calendar year, to the Governor on or before January 15 of
20that year or as soon as possible thereafter. Any revision in
21the projects approved shall require the Governor's approval.
22    (c) The Authority shall seek approval from the Governor
23only through the Plan or an amendment to the Plan. The
24Authority shall not request approval of the Plan from the
25Governor in any calendar year in which it is unable to make the
26certifications required under paragraphs (2), (3), and (4) of

 

 

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1subsection (a). The Authority may not seek approval of the
2Plan from the Governor for projects in an aggregate amount
3exceeding the proceeds of bonds or notes for Strategic Capital
4Improvement Projects issued under Section 6.05.
5    (d) The Governor may approve the Plan for which approval
6is requested. The Governor's approval is limited to the amount
7of the project cost stated in the Plan. The Governor shall not
8approve the Plan in a calendar year if the Authority is unable
9to make the certifications required under paragraphs (2), (3),
10and (4) of subsection (a). The Governor may not approve the
11Plan for projects in an aggregate amount exceeding the
12proceeds of bonds or notes for Strategic Capital Improvement
13Projects issued under Section 6.05.
14    (e) With respect to capital improvements, only those
15capital improvements which are in a Plan approved by the
16Governor shall be financed with the proceeds of bonds or notes
17issued for Strategic Capital Improvement Projects.
18    (f) Before the Authority obligates any funds for a project
19for which the Authority intends to use the proceeds of bonds or
20notes for Strategic Capital Improvement Projects, but which
21project is not included in an approved Plan, the Authority
22must notify the Governor of the intended obligation. Project
23costs incurred prior to approval of the Plan, including that
24project, may not be paid from the proceeds of bonds or notes
25for Strategic Capital Improvement Projects issued under
26Section 6.05.
 

 

 

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1    Section 5.11. Service Standards.
2    (a) The Authority shall adopt Service Standards in
3conjunction with its Strategic Plan and Five-Year Capital
4Program.
5    (b) The Service Standards shall identify quantitative and
6qualitative attributes of quality public transit service using
7metrics drawn from the performance of high-quality transit
8systems in global metropolitan areas with comparable
9populations and metropolitan economies as the metropolitan
10region.
11    (c) The Service Standards shall include a framework that
12describes the appropriate characteristics for each type of
13service or mode. These characteristics include, but are not
14limited to, mode, frequency, time span, vehicle type, stop
15spacing, vehicle and stop amenities, network connectivity,
16route directness, route deviation, and coverage of service.
17    (d) The Service Standards shall include the transition of
18commuter rail in the metropolitan region to a regional rail
19service pattern or the retention of commuter rail with
20additional regional rail service.
21    (e) The Service Standards shall cover the entire
22metropolitan region and include the development of transit
23propensity thresholds for each type of service or mode.
24Transit propensity metrics shall include, but are not limited
25to, population density, employment density, low-income

 

 

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1populations, disabled populations, zero-car households,
2intersection density, and the presence of sidewalks. The
3Authority shall develop weights for each metric and a scoring
4system to determine transit propensity. The production of a
5transit propensity assessment shall be conducted for any
6proposed new or modified services and constrained to a service
7or route estimated catchment area. Final determination of the
8eligibility of each type of service or mode for an area is
9subject to qualitative review by the Authority once the
10propensity assessment is completed, reviewed, and evaluated.
11    (f) A local government or group of local governments may
12petition the Authority to increase the level of transit
13service provided above what would otherwise be provided
14through the Service Standards. If a local government or group
15of local governments demonstrates that the local government or
16group of local governments have created a transit support
17overlay district under the Transit-Supportive Development Act
18or have adopted zoning and other changes that the Authority
19determines has benefits to the transit system greater than or
20equal to a transit support overlay district, the Authority
21shall designate a preliminary amendment to the applicable
22Service Standards for that area commensurate with the expected
23increase in transit propensity. The Authority shall determine
24the incremental cost of providing the service and present it
25to the local government or group of local governments. Upon
26execution of an agreement for the local government or group of

 

 

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1local governments to provide funding for 12 months to the
2Authority equal to the incremental cost of providing the
3additional service, the Authority shall finalize the Service
4Standards amendment, and the Authority shall budget for and
5provide the increased service. For service to be provided
6within or substantially within Qualified Census Tracts as
7identified by the U.S. Department of Housing and Urban
8Development, the Office of Equitable Transit-Oriented
9Development shall provide a 50% cost share to the Authority
10for the increased transit service associated with the Service
11Standards amendment. The Authority may develop plans to assist
12local governments in identifying corridors where additional
13service could be provided through the mechanism described in
14this subsection.
15    (g) The Service Standards shall be adjusted as appropriate
16to accommodate the addition of modes of public transportation
17not currently being provided by the Authority, which may
18include, but is not limited to: streetcar; light rail;
19full-scale bus rapid transit; a transition from commuter rail
20to regional rail or a combination of commuter and regional
21rail; and electrified versions of current combustion engine
22vehicle systems.
23    (h) The Service Standards shall be used to update or
24otherwise inform the provision of the Authority's Title VI and
25environmental justice policies.
26    (i) The Board shall review and make any necessary

 

 

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1adjustments to the Service Standards at least once every 5
2years in conjunction with its adoption of the Authority's
3Strategic Plan.
4    (j) The Authority shall compile and publish reports
5comparing the actual public transportation system performance
6measured against the Service Standards. Such performance
7measures shall include customer-related performance data
8measured by line, route, or subregion, as determined by the
9Authority, on at least the following:
10        (1) travel times and on-time performance;
11        (2) ridership data;
12        (3) equipment failure rates;
13        (4) employee and customer safety;
14        (5) crowding;
15        (6) cleanliness of vehicles and stations;
16        (7) service productivity; and
17        (8) customer satisfaction.
18    (k) Transportation agencies that receive funding from the
19Authority shall prepare and submit to the Authority such
20reports with regard to these performance measures in the
21frequency and form required by the Authority. The Authority
22shall compile and publish such reports on its website on a
23regular basis, no less than monthly.
24    (l) The Service Standards and performance measures shall
25not be used as the basis for disciplinary action against any
26employee of the Authority, except to the extent the employment

 

 

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1and disciplinary practices of the Authority provide for such
2action.
 
3    Section 5.12. Annual Budget and Two-Year Financial Plan.
4    (a) The Board shall control the finances of the Authority.
5It shall (i) appropriate money to perform the Authority's
6purposes and provide for payment of debts and expenses of the
7Authority and (ii) adopt an Annual Budget and Two-Year
8Financial Plan for the Authority.
9    (b) The Annual Budget and Two-Year Financial Plan shall
10contain a statement of the funds estimated to be on hand for
11the Authority at the beginning of the fiscal year, the funds
12estimated to be received from all sources for such year, the
13estimated expenses and obligations of the Authority for all
14purposes, including expenses for contributions to be made with
15respect to pension and other employee benefits, and the funds
16estimated to be on hand at the end of such year.
17    (c) The fiscal year of the Authority shall begin on
18January 1 and end on the succeeding December 31. By July 1 of
19each year, the Director of the Governor's Office of Management
20and Budget shall submit to the Authority an estimate of
21revenues for the next fiscal year of the Authority to be
22collected from the taxes imposed by the Authority and the
23amounts to be available in the Public Transportation Fund and
24the Metropolitan Mobility Authority Occupation and Use Tax
25Replacement Fund and the amounts otherwise to be appropriated

 

 

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1by the State to the Authority for its purposes.
2    (d) Before the proposed Annual Budget and Two-Year
3Financial Plan is adopted, the Authority shall hold at least
4one public hearing on the Annual Budget and Two-Year Financial
5Plan in the metropolitan region and shall meet with the county
6board or its designee of each of the several counties in the
7metropolitan region. After conducting the hearings and holding
8the meetings and after making changes in the proposed Annual
9Budget and Two-Year Financial Plan as the Board deems
10appropriate, the Board shall adopt its annual appropriation
11and Annual Budget and Two-Year Financial Plan ordinance. The
12ordinance shall appropriate such sums of money as are deemed
13necessary to defray all necessary expenses and obligations of
14the Authority, specifying purposes and the objects or programs
15for which appropriations are made and the amount appropriated
16for each object or program. Additional appropriations,
17transfers between items, and other changes in such ordinance
18may be made from time to time by the Board.
19    (e) The Annual Budget and Two-Year Financial Plan shall
20show a balance between anticipated revenues from all sources
21and anticipated expenses, including funding of operating
22deficits or the discharge of encumbrances incurred in prior
23periods and payment of principal and interest when due, and
24shall show cash balances sufficient to pay with reasonable
25promptness all obligations and expenses as incurred.
26    (f) The Authority shall file a copy of its Annual Budget

 

 

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1and Two-Year Financial Plan with the General Assembly and the
2Governor after its adoption and a statement certifying that it
3published the data described in subsection (g).
4    (g) The Authority shall publish a monthly comprehensive
5set of data regarding transit service and safety. The data
6included shall include information to track operations,
7including:
8        (1) staffing levels, including numbers of budgeted
9    positions, current positions employed, hired staff,
10    attrition, staff in training, and absenteeism rates;
11        (2) scheduled service and delivered service, including
12    percentage of scheduled service delivered by day, service
13    by mode of transportation, service by route and rail line,
14    total number of revenue miles driven, excess wait times by
15    day, by mode of transportation, by bus route, and by stop;
16    and
17        (3) safety on the system, including the number of
18    incidents of crime and code of conduct violations on the
19    system, any performance measures used to evaluate the
20    effectiveness of investments in private security, safety
21    equipment, and other security investments in the system.
22    If no performance measures exist to evaluate the
23    effectiveness of these safety investments, the Authority
24    shall develop and publish these performance measures.
25    (h) The Authority shall regularly solicit input and ideas
26on publishing data on the service reliability, operations, and

 

 

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1safety of the system from the public and groups representing
2transit riders, workers, and businesses and make appropriate
3adjustments and additions to the data reported pursuant to
4subsection (g).
5    (i) All transportation agencies, comprehensive planning
6agencies, including the Chicago Metropolitan Agency for
7Planning and transportation planning agencies in the
8metropolitan region, shall furnish to the Authority such
9information pertaining to public transportation or relevant
10plans therefore as it may from time to time require. The
11Executive Director, or the Executive Director's designee,
12shall, for the purpose of securing any such information
13necessary or appropriate to carry out any of the powers and
14responsibilities of the Authority under this Act, have access
15to, and the right to examine, all books, documents, papers, or
16records of any transportation agency receiving funds from the
17Authority, and such transportation agency shall comply with
18any request by the Executive Director, or the Executive
19Director's designee, within 30 days or an extended time
20provided by the Executive Director.
 
21    Section 5.13. Authority Inspector General.
22    (a) The Authority and the transportation agencies are
23subject to the jurisdiction of the Governor's Executive
24Inspector General.
25    (b) The Authority may appoint an independent Authority

 

 

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1Inspector General to serve as the ethics officer for the
2Authority and to investigate on its own authority or on the
3basis of a complaint or referral possible waste, fraud, or
4abuse involving the Authority or a transportation agency. The
5Authority Inspector General may conduct performance reviews
6and audits designed to prevent waste, fraud, or abuse and to
7improve the operation of the Authority and transportation
8agencies.
9    (c) The Board shall provide sufficient staff and resources
10so the Authority Inspector General can fulfill its functions
11and responsibilities.
12    (d) All employees, agents, and contractors of the
13Authority and the transportation agencies shall cooperate with
14reviews, audits, and investigations conducted by the Authority
15Inspector General.
16    (e) The Authority Inspector General may be appointed for a
17term of up to 5 years or until a successor is appointed and has
18qualified. The Board may remove the Authority Inspector
19General before the expiration of the Inspector General's term
20only for good cause and with the concurrence of the Governor's
21Executive Inspector General.
22    (f) The appointment of an Authority Inspector General
23shall not in any way limit the powers of the Governor's
24Executive Inspector General.
 
25    Section 5.14. Executive Inspector General.

 

 

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1    (a) Moneys may be appropriated from the Public
2Transportation Fund to the Governor's Office of the Executive
3Inspector General for the costs incurred by the Executive
4Inspector General while serving as the inspector general for
5the Authority.
6    (b) The Governor's Office of the Executive Inspector
7General shall annually report to the General Assembly the
8expenses incurred while serving as the inspector general for
9the Authority.
10    (c) All employees, agents, and contractors of the
11Authority and the transportation agencies shall cooperate with
12reviews, audits, and investigations conducted by the
13Governor's Executive Inspector General.
 
14    Section 5.15. Performance audits.
15    (a) The Auditor General shall conduct performance audits
16of the Authority and transportation agencies at least once
17every 5 years. The performance audits shall:
18        (1) focus on the quality and cost-effectiveness of the
19    public transportation system, including comparative
20    assessments against the performance of transit systems in
21    comparable metropolitan regions around the world;
22        (2) include recommendations for improvements informed
23    by applicable industry best practices and any legislation
24    or other steps that governmental bodies could take to
25    facilitate such improvements; and

 

 

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1        (3) assess the efficacy of the public transportation
2    system in providing affordable transportation, connecting
3    residents to jobs, education, and other opportunities, and
4    improving the environment.
5    (b) The Authority may suggest areas of emphasis for the
6Auditor General to consider and the Auditor General may, in
7its discretion, structure the audit and recommendations to
8help achieve the goal of a well-functioning and efficient
9regional public transportation system.
10    (c) The Auditor General and the Authority shall coordinate
11the timing of performance audits such that the findings will
12be available to the Authority at the time when it begins
13preparation of its Strategic Plan and Five-Year Capital
14Program. The Authority shall reimburse the Auditor General for
15the costs incurred in conducting the performance audits.
 
16    Section 5.16. Audits of transportation agencies. The
17Authority may conduct management, performance, financial, and
18infrastructure condition audits of transportation agencies
19that receive funds from the Authority. Transportation agencies
20shall cooperate fully with audits conducted pursuant to this
21Section and act on the findings and recommendations contained
22in such audits as directed by the Authority. Copies of audits
23shall be supplied to the Governor and the General Assembly and
24made available for review by the public subject to any
25redactions as required or permitted by applicable law.
 

 

 

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1    Section 5.17. Transparency and accountability portal.
2    (a) As used in this Section:
3    "CHI-TAP" means the Greater Chicago Mass Transit
4Transparency and Accountability Portal.
5    "Contracts" means payment obligations with vendors on file
6to purchase goods and services exceeding $10,000 in value.
7    "Recipients" means the Authority or transportation
8agencies.
9    (b) The Authority shall maintain a website, known as the
10Greater Chicago Mass Transit Transparency and Accountability
11Portal, and shall be tasked with compiling and updating the
12CHI-TAP database with information received by the Authority.
13    (c) The CHI-TAP shall provide direct access to each of the
14following:
15        (1) A database of all employees of the Authority
16    sorted separately by:
17            (A) name;
18            (B) division or department;
19            (C) employment position title;
20            (D) county of employment location;
21            (E) current base salary or hourly rate and
22        year-to-date gross pay;
23            (F) status of position including, but not limited
24        to, bargained-for positions, at-will positions, or not
25        bargained-for positions;

 

 

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1            (G) employment status, including, but not limited
2        to, full-time permanent, full-time temporary,
3        part-time permanent and part-time temporary; and
4            (H) status as a military veteran.
5        (2) A database of all current Authority expenditures,
6    sorted by category.
7        (3) A database of all Authority contracts sorted
8    separately by contractor name, awarding officer or agency,
9    contract value, and goods or services provided.
10        (4) A database of publicly available accident-related
11    and safety-related information currently required to be
12    reported to the federal Secretary of Transportation under
13    49 U.S.C. 5335.
14    (d) The CHI-TAP shall include all information required to
15be published by subsection (c) in a format the Authority can
16compile and publish on the CHI-TAP. The Authority shall update
17the CHI-TAP at least once every 30 days as additional
18information becomes available.
 
19    Section 5.18. Financial statements and annual reports.
20    (a) Within 6 months after the end of each fiscal year, the
21Board shall prepare a complete and detailed report of the
22audit of the Authority and reviewing the state of the
23Authority and of the public transportation provided by
24transportation agencies.
25    (b) The report shall include evaluations of public

 

 

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1transportation in the metropolitan region and of the
2Authority's activities and financial statements of the
3Authority's revenues and expenditures for such year and of its
4assets and liabilities. The financial statements must be
5audited by an independent certified public accountant.
6    (c) The report shall also set forth the financial results
7as reported by each transportation agency that, during such
8year, had a purchase of service or grant agreement with the
9Authority or that received financial assistance from the
10Authority. The results shall be set forth separately for each
11such transportation agency.
12    (d) The report shall be published on the Authority's
13website. A sufficient number of copies of each annual report
14shall be printed for distribution to anyone, upon request, and
15a copy of the report shall be filed with the Governor, the
16State Comptroller, the Speaker and Minority Leader of the
17House of Representatives, the President and Minority Leader of
18the Senate, the Mayor of the City of Chicago, the President or
19Chair of the county board of each county in the metropolitan
20region, and each transportation agency which, during such
21year, had a purchase of service agreement with the Authority
22or which received financial grants or other financial
23assistance from the Authority.
 
24    Section 5.19. Opt out.
25    (a) Notwithstanding any other provision of this Act, if

 

 

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1the county board of the County of DuPage, Kane, Lake, McHenry,
2or Will by ordinance authorizes that such county shall elect
3to terminate the powers of the Authority in that county, the
4secretary of that county board shall certify that proposition
5to the proper election officials, who shall submit such
6proposition at an election in accordance with the general
7election law to decide whether that county shall opt out.
8    (b) The form of the ballot to be used at the referendum
9shall be substantially as follows:
10---------------------------
11    Shall ..... County terminate
12the powers of the Metropolitan     YES
13Mobility Authority          ---------------------------------
14in .... County                     NO
15on ..... (date)
16-------------------------------------------------------------
17    (c) If a majority of the voters vote in favor of
18terminating the powers of the Authority, then all of the
19powers of the Authority shall terminate in that county on the
20date stated in the referendum, except those powers and
21functions that the Authority determines to be necessary to
22exercise with regard to:
23        (1) public transportation by commuter rail, and
24    related public transportation facilities;
25        (2) public transportation other than by commuter rail
26    that is required in order to comply with federal or State

 

 

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1    laws and regulations, and related public transportation
2    facilities; and
3        (3) public transportation other than by commuter rail
4    provided by the Authority pursuant to contract with the
5    county or other governmental entity within the county, and
6    related public transportation facilities.
7    (d) The termination of the powers of the Authority
8referred to in subsection (a) with respect to a county shall
9occur on approval of the referendum by the electors provided
10on or prior to the date of such termination specified in the
11referendum, and, thereafter, the county shall have:
12        (1) assumed the obligations of the Authority under all
13    laws, federal or State, and all contracts with respect to
14    public transportation or public transportation facilities
15    in the county, which statutory or contractual obligations
16    extend beyond the termination date in the referendum if
17    the obligations shall not be deemed to include any
18    indebtedness of the Authority for borrowed money;
19        (2) agreed to indemnify and hold harmless the
20    Authority against any and all claims, actions, and
21    liabilities arising out of or in connection with the
22    termination of the Authority's powers and functions
23    pursuant to subsection (a); and
24        (3) taken or caused to be taken all necessary actions
25    and fulfilled or caused to be fulfilled all requirements
26    under federal and State laws, rules, and regulations with

 

 

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1    respect to such termination and any related transfers of
2    assets or liabilities of the Authority. A county may, by
3    mutual agreement with the Authority, permit the Authority
4    to fulfill one or more contracts that, by their terms,
5    extend beyond the termination date provided for in the
6    referendum, in which case the powers and functions of the
7    Authority in that county shall survive only to the extent
8    deemed necessary by the Authority to fulfill said contract
9    or contracts. The satisfaction of the requirements
10    provided for in this paragraph shall be evidenced in such
11    manner as the Authority may require.
12    (e) Following an election to terminate the powers of the
13Authority at a referendum held under subsection (a), the
14county board shall notify the Authority of the results of the
15referendum, including the termination date in the referendum,
16which shall be the last day of a calendar month. Unless the
17termination date is extended by mutual agreement between the
18county and the Authority, the termination of the powers and
19functions of the Authority in the county shall occur at
20midnight on the termination date if the requirements of this
21Section have been met.
22    (f) The proceeds of taxes imposed by the Authority under
23Sections 6.02 and 6.03 collected after the termination date
24within a county in which the powers of the Authority have been
25terminated under this Section shall be used by the Authority
26to support commuter rail services attributable to that county,

 

 

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1as determined by the Authority. Any proceeds which are in
2excess of that necessary to support such services shall be
3paid by the Authority to that county to be expended for public
4transportation purposes in accordance with law. If no commuter
5rail services under the jurisdiction of the Authority are
6provided in a county in which the powers of the Authority have
7been terminated under this Section, all proceeds of taxes
8imposed by the Authority in the county shall be paid by the
9Authority to the county to be expended for public
10transportation purposes in accordance with law.
 
11
Article VI. FINANCES

 
12    Section 6.01. Federal, State, and other funds.
13    (a) The Authority may apply for, receive, and expend
14grants, loans, or other funds from the State of Illinois or a
15department or agency thereof, from any unit of local
16government, or from the federal government or a department or
17agency thereof for use in connection with any of the powers or
18purposes of the Authority as set forth in this Act. The
19Authority shall have power to make such studies as may be
20necessary and to enter into contracts or agreements with the
21State of Illinois or any department or agency thereof, with
22any unit of local government, or with the federal government
23or a department or agency thereof concerning such grants,
24loans, or other funds, or any conditions relating thereto,

 

 

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1including obligations to repay such funds. The Authority may
2make such covenants concerning such grants, loans, and funds
3as it deems proper and necessary in carrying out its
4responsibilities, purposes, and powers as provided in this
5Act.
6    (b) The Authority is designated the primary public body in
7the metropolitan region with authority to apply for and
8receive grants, loans, or other funds relating to public
9transportation programs from the State of Illinois or a
10department or agency thereof, or from the federal government
11or a department or agency thereof. A unit of local government
12or transportation agency may apply for and receive any such
13federal or state capital grants, loans or other funds. A unit
14of local government or transportation agency shall notify the
15Authority and the Chicago Metropolitan Agency for Planning
16prior to making any such application and shall file a copy of
17the application with the Authority and Agency. Nothing in this
18Section shall be construed to impose any limitation on the
19ability of the State of Illinois or a department or agency
20thereof, a unit of local government or transportation agency
21to make a grant or to enter into an agreement or contract with
22the National Rail Passenger Corporation. Nor shall anything in
23this Section impose any limitation on the ability of any
24school district to apply for or receive a grant, loan, or other
25funds for transportation of school children.
 

 

 

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1    Section 6.02. Taxes.
2    (a) In order to carry out any of the powers or purposes of
3the Authority, the Board may, by ordinance adopted by the then
4Directors, impose throughout the metropolitan region any or
5all of the taxes provided in this Section. Except as otherwise
6provided in this Act, taxes imposed under this Section and
7civil penalties imposed incident thereto shall be collected
8and enforced by the Department of Revenue. The Department may
9administer and enforce the taxes and to determine all rights
10for refunds for erroneous payments of the taxes.
11    (b) The Board may impose a public transportation tax upon
12all persons engaged in the metropolitan region in the business
13of selling retail motor fuel for operation of motor vehicles
14upon public highways. The tax shall be at a rate not to exceed
155% of the gross receipts from the sales of motor fuel in the
16course of the business. The Board may provide details of the
17tax. The provisions of any tax shall conform, as closely as may
18be practicable, to the provisions of the Non-Home Rule
19Municipal Retailers' Occupation Tax Act, including, without
20limitation, conformity to penalties with respect to the tax
21imposed and as to the powers of the Department of Revenue to
22adopt and enforcing rules and regulations relating to the
23administration and enforcement of the provisions of the tax
24imposed, except that reference in that Act to any municipality
25shall refer to the Authority and the tax shall be imposed only
26with regard to receipts from sales of motor fuel in the

 

 

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1metropolitan region, at rates as limited by this Section.
2    (c) In connection with the tax imposed under subsection
3(b), the Board may impose a tax upon the privilege of using in
4the metropolitan region motor fuel for the operation of a
5motor vehicle upon public highways at a rate not in excess of
6the rate of tax imposed under subsection (b). The Board may
7provide details of the tax.
8    (d) The Board may impose a motor vehicle parking tax upon
9the privilege of parking motor vehicles at off-street parking
10facilities in the metropolitan region at which a fee is
11charged, may provide for reasonable classifications in and
12exemptions to the tax for administration and enforcement
13thereof and for civil penalties and refunds thereunder, and
14may provide criminal penalties thereunder, the maximum
15penalties not to exceed the maximum criminal penalties
16provided in the Retailers' Occupation Tax Act. The Authority
17may collect and enforce the tax itself or by contract with any
18unit of local government. The Department of Revenue shall have
19no responsibility for the collection and enforcement unless
20the Department agrees with the Authority to undertake the
21collection and enforcement. As used in this subsection,
22"parking facility" means a parking area or structure having
23parking spaces for more than 2 vehicles at which motor
24vehicles are permitted to park in return for an hourly, daily,
25or other periodic fee, whether publicly or privately owned,
26but does not include parking spaces on a public street, the use

 

 

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1of which is regulated by parking meters.
2    (e) The Board may impose a Metropolitan Mobility Authority
3Retailers' Occupation Tax upon all persons engaged in the
4business of selling tangible personal property at retail in
5the metropolitan region. In Cook County, the tax rate shall be
61.25% of the gross receipts from sales of tangible personal
7property taxed at the 1% rate under the Retailers' Occupation
8Tax Act and 1% of the gross receipts from other taxable sales
9made in the course of that business. In DuPage, Kane, Lake,
10McHenry, and Will counties, the tax rate shall be 0.75% of the
11gross receipts from all taxable sales made in the course of
12that business. However, the rate of tax imposed in DuPage,
13Kane, Lake, McHenry, and Will counties under this Section on
14sales of aviation fuel shall be 0.25% unless the Authority in
15DuPage, Kane, Lake, McHenry, and Will counties has an
16airport-related purpose and the additional 0.50% of the 0.75%
17tax on aviation fuel is expended for airport-related purposes.
18If there is no airport-related purpose to which aviation fuel
19tax revenue is dedicated, then aviation fuel is excluded from
20the additional 0.50% of the 0.75% tax. The tax imposed under
21this Section and all civil penalties that may be assessed as an
22incident thereof shall be collected and enforced by the
23Department of Revenue. The Department has full power to
24administer and enforce this Section; to collect all taxes and
25penalties so collected in the manner provided in this
26subsection; and to determine all rights to credit memoranda

 

 

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1arising on account of the erroneous payment of tax or penalty
2under this Section. In the administration of and compliance
3with this Section, the Department and persons who are subject
4to this Section shall have the same rights, remedies,
5privileges, immunities, powers, and duties, and be subject to
6the same conditions, restrictions, limitations, penalties,
7exclusions, exemptions, and definitions of terms, and employ
8the same modes of procedure, as are prescribed in Sections 1,
91a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to
10all provisions therein other than the State rate of tax), 2c, 3
11(except as to the disposition of taxes and penalties
12collected, and except that the retailer's discount is not
13allowed for taxes paid on aviation fuel that are subject to the
14revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
1547133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l,
166, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the
17Retailers' Occupation Tax Act and Section 3-7 of the Uniform
18Penalty and Interest Act, as fully as if those provisions were
19set forth in this Section.
20    (f) The Board and DuPage, Kane, Lake, McHenry, and Will
21counties must comply with the certification requirements for
22airport-related purposes under Section 2-22 of the Retailers'
23Occupation Tax Act. This exclusion for aviation fuel only
24applies for so long as the revenue use requirements of 49
25U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
26Authority.

 

 

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1    (g) Persons subject to any tax imposed under the authority
2granted in this Section may reimburse themselves for their
3seller's tax liability hereunder by separately stating the tax
4as an additional charge, which charge may be stated in
5combination in a single amount with State taxes that sellers
6are required to collect under the Use Tax Act, under any
7bracket schedules the Department may prescribe.
8    (h) Whenever the Department determines that a refund
9should be made under this Section to a claimant instead of
10issuing a credit memorandum, the Department shall notify the
11State Comptroller, who shall cause the warrant to be drawn for
12the amount specified, and to the person named, in the
13notification from the Department. The State Treasurer shall
14pay the refund out of the Metropolitan Mobility Authority
15Occupation and Use Tax Replacement Fund or the Local
16Government Aviation Trust Fund, as appropriate.
17    (i) If a tax is imposed under subsection (e), a tax shall
18also be imposed under subsections (m) and (r).
19    (j) For the purpose of determining whether a tax
20authorized under this Section is applicable, a retail sale by
21a producer of coal or other mineral mined in Illinois is a sale
22at retail at the place where the coal or other mineral mined in
23Illinois is extracted from the earth. This subsection does not
24apply to coal or other minerals when it is delivered or shipped
25by the seller to the purchaser at a point outside Illinois so
26that the sale is exempt under the United States Constitution

 

 

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1as a sale in interstate or foreign commerce.
2    (k) A tax may not be imposed or collected under this
3Section on the sale of a motor vehicle in this State to a
4resident of another state if that motor vehicle will not be
5titled in this State.
6    (l) Nothing in this Section shall be construed to
7authorize the Authority to impose a tax upon the privilege of
8engaging in any business that under the United States
9Constitution may not be made the subject of taxation by this
10State.
11    (m) If a tax has been imposed under subsection (e), a
12Metropolitan Mobility Authority Service Occupation Tax shall
13also be imposed upon all persons engaged in the metropolitan
14region in the business of making sales of service who, as an
15incident to making the sales of service, transfer tangible
16personal property within the metropolitan region, either in
17the form of tangible personal property or in the form of real
18estate as an incident to a sale of service. In Cook County, the
19tax rate shall be: (1) 1.25% of the serviceman's cost price of
20food prepared for immediate consumption and transferred
21incident to a sale of service subject to the service
22occupation tax by an entity licensed under the Hospital
23Licensing Act, the Nursing Home Care Act, the Specialized
24Mental Health Rehabilitation Act of 2013, the ID/DD Community
25Care Act, or the MC/DD Act that is located in the metropolitan
26region; (2) 1.25% of the selling price of tangible personal

 

 

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1property taxed at the 1% rate under the Service Occupation Tax
2Act; and (3) 1% of the selling price from other taxable sales
3of tangible personal property transferred. In DuPage, Kane,
4Lake, McHenry, and Will counties, the rate shall be 0.75% of
5the selling price of all tangible personal property
6transferred. However, the rate of tax imposed in DuPage, Kane,
7Lake, McHenry, and Will counties under this Section on sales
8of aviation fuel shall be 0.25% unless the Authority in
9DuPage, Kane, Lake, McHenry, and Will counties has an
10airport-related purpose and the additional 0.50% of the 0.75%
11tax on aviation fuel is expended for airport-related purposes.
12If there is no airport-related purpose to which aviation fuel
13tax revenue is dedicated, then aviation fuel is excluded from
14the additional 0.5% of the 0.75% tax.
15    (n) The tax imposed under subsection (m) and all civil
16penalties that may be assessed as an incident thereof shall be
17collected and enforced by the Department of Revenue. The
18Department has full power to administer and enforce subsection
19(m); to collect all taxes and penalties due hereunder; to
20dispose of taxes and penalties collected in the manner
21hereinafter provided; and to determine all rights to credit
22memoranda arising on account of the erroneous payment of tax
23or penalty hereunder. In the administration of and compliance
24with this subsection, the Department and persons who are
25subject to this subsection shall have the same rights,
26remedies, privileges, immunities, powers, and duties, and be

 

 

HB1833- 126 -LRB104 09303 RTM 19361 b

1subject to the same conditions, restrictions, limitations,
2penalties, exclusions, exemptions, and definitions of terms,
3and employ the same modes of procedure, as are prescribed in
4Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
5provisions therein other than the State rate of tax), 4
6(except that the reference to the State shall be to the
7Authority), 5, 7, 8 (except that the jurisdiction to which the
8tax shall be a debt to the extent indicated in that Section 8
9shall be the Authority), 9 (except as to the disposition of
10taxes and penalties collected, and except that the returned
11merchandise credit for this tax may not be taken against any
12State tax, and except that the retailer's discount is not
13allowed for taxes paid on aviation fuel that are subject to the
14revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
1547133), 10, 11, 12 (except the reference therein to Section 2b
16of the Retailers' Occupation Tax Act), 13 (except that any
17reference to the State means the Authority), the first
18paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service
19Occupation Tax Act and Section 3-7 of the Uniform Penalty and
20Interest Act, as fully as if those provisions were set forth in
21this Section.
22    (o) Persons subject to any tax imposed under subsection
23(m) may reimburse themselves for their serviceman's tax
24liability hereunder by separately stating the tax as an
25additional charge, that charge may be stated in combination in
26a single amount with State tax that servicemen are authorized

 

 

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1to collect under the Service Use Tax Act, under any bracket
2schedules the Department may prescribe.
3    (p) Whenever the Department determines that a refund
4should be made under subsection (m) to a claimant instead of
5issuing a credit memorandum, the Department shall notify the
6State Comptroller, who shall cause the warrant to be drawn for
7the amount specified, and to the person named in the
8notification from the Department. The State Treasurer shall
9pay the refund out of the Metropolitan Mobility Authority
10Occupation and Use Tax Replacement Fund established under
11subsection (cc) or the Local Government Aviation Trust Fund,
12as appropriate.
13    (q) Nothing in this Section shall be construed to
14authorize the Authority to impose a tax upon the privilege of
15engaging in any business that under the Constitution of the
16United States may not be made the subject of taxation by the
17State.
18    (r) If a tax has been imposed under subsection (e), a tax
19shall also be imposed upon the privilege of using in the
20metropolitan region, any item of tangible personal property
21that is purchased outside the metropolitan region at retail
22from a retailer, and that is titled or registered with an
23agency of this State's government. In Cook County, the tax
24rate shall be 1% of the selling price of the tangible personal
25property, as "selling price" is defined in the Use Tax Act. In
26DuPage, Kane, Lake, McHenry, and Will counties, the tax rate

 

 

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1shall be 0.75% of the selling price of the tangible personal
2property, as "selling price" is defined in the Use Tax Act. The
3tax shall be collected from persons whose Illinois address for
4titling or registration purposes is given as being in the
5metropolitan region. The tax shall be collected by the
6Department of Revenue for the Authority. The tax must be paid
7to the State, or an exemption determination must be obtained
8from the Department of Revenue before the title or certificate
9of registration for the property may be issued. The tax or
10proof of exemption may be transmitted to the Department by way
11of the State agency with which, or the State officer with whom,
12the tangible personal property must be titled or registered if
13the Department and the State agency or State officer determine
14that this procedure will expedite the processing of
15applications for title or registration.
16    (s) The Department has full power to administer and
17enforce subsection (r); to collect all taxes, penalties, and
18interest due hereunder; to dispose of taxes, penalties, and
19interest collected in the manner hereinafter provided; and to
20determine all rights to credit memoranda or refunds arising on
21account of the erroneous payment of tax, penalty, or interest
22hereunder. In the administration of and compliance with this
23subsection, the Department and persons who are subject to this
24subsection shall have the same rights, remedies, privileges,
25immunities, powers, and duties, and be subject to the same
26conditions, restrictions, limitations, penalties, exclusions,

 

 

HB1833- 129 -LRB104 09303 RTM 19361 b

1exemptions, and definitions of terms and employ the same modes
2of procedure, as are prescribed in Sections 2 (except the
3definition of "retailer maintaining a place of business in
4this State"), 3 through 3-80 (except provisions pertaining to
5the State rate of tax, and except provisions concerning
6collection or refunding of the tax by retailers), 4, 11, 12,
712a, 14, 15, 19 (except the portions pertaining to claims by
8retailers and except the last paragraph concerning refunds),
920, 21, and 22 of the Use Tax Act, and are not inconsistent
10with this subsection, as fully as if those provisions were set
11forth herein.
12    (t) The Authority may impose a replacement vehicle tax of
13$50 on any passenger car, as defined in Section 1-157 of the
14Illinois Vehicle Code, purchased within the metropolitan
15region by or on behalf of an insurance company to replace a
16passenger car of an insured person in settlement of a total
17loss claim. The tax imposed may not become effective before
18the first day of the month following the passage of the
19ordinance imposing the tax and receipt of a certified copy of
20the ordinance by the Department of Revenue. The Department of
21Revenue shall collect the tax for the Authority in accordance
22with Sections 3-2002 and 3-2003 of the Illinois Vehicle Code.
23    (u) The Department of Revenue shall immediately pay over
24to the State Treasurer, ex officio, as trustee, all taxes
25collected under this Section.
26    (v) As soon as possible after the first day of each month,

 

 

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1upon certification of the Department of Revenue, the
2Comptroller shall order transferred, and the Treasurer shall
3transfer, to the STAR Bonds Revenue Fund the local sales tax
4increment, as defined in the Innovation Development and
5Economy Act, collected under this Section during the second
6preceding calendar month for sales within a STAR bond
7district.
8    (w) After the monthly transfer to the STAR Bonds Revenue
9Fund, on or before the 25th day of each calendar month, the
10Department shall prepare and certify to the Comptroller the
11disbursement of stated sums of money to the Authority. The
12amount to be paid to the Authority shall be the amount
13collected under this Section during the second preceding
14calendar month by the Department, less any amount determined
15by the Department to be necessary for the payment of refunds,
16and less any amounts that are transferred to the STAR Bonds
17Revenue Fund. Within 10 days after receipt by the Comptroller
18of the disbursement certification to the Authority provided
19for in this Section to be given to the Comptroller by the
20Department, the Comptroller shall cause the orders to be drawn
21for that amount in accordance with the directions contained in
22the certification.
23    (x) The Board may not impose any other taxes except as it
24may from time to time be authorized by law to impose.
25    (y) A certificate of registration issued by the State
26Department of Revenue to a retailer under the Retailers'

 

 

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1Occupation Tax Act or under the Service Occupation Tax Act
2shall permit the registrant to engage in a business that is
3taxed under the tax imposed under subsection (b), (e), (bb),
4or (r) and no additional registration shall be required under
5the tax. A certificate issued under the Use Tax Act or the
6Service Use Tax Act shall be applicable with regard to any tax
7imposed under subsection (c).
8    (z) The provisions of any tax imposed under subsection (c)
9shall conform as closely as may be practicable to the
10provisions of the Use Tax Act, including, without limitation,
11conformity as to penalties with respect to the tax imposed and
12as to the powers of the Department of Revenue to adopt and
13enforce rules and regulations relating to the administration
14and enforcement of the provisions of the tax imposed. The
15taxes shall be imposed only on use within the metropolitan
16region and at rates as provided in subsection (b).
17    (aa) The Board, in imposing any tax as provided in
18subsections (b) and (c), shall, after seeking the advice of
19the Department of Revenue, provide means for retailers, users,
20or purchasers of motor fuel for purposes other than those with
21regard to which the taxes may be imposed as provided in those
22subsections to receive refunds of taxes improperly paid, which
23provisions may be at variance with the refund provisions as
24applicable under the Non-Home Rule Municipal Retailers'
25Occupation Tax Act. The State Department of Revenue may
26provide for certificates of registration for users or

 

 

HB1833- 132 -LRB104 09303 RTM 19361 b

1purchasers of motor fuel for purposes other than those with
2regard to which taxes may be imposed as provided in
3subsections (b) and (c) to facilitate the reporting and
4nontaxability of the exempt sales or uses.
5    (bb) An ordinance or resolution imposing, increasing,
6decreasing, or discontinuing the tax under this Section shall
7be adopted and a certified copy of the ordinance filed with the
8Department, whereupon the Department shall proceed to
9administer and enforce this Section as of the first day of the
10first month to occur not less than 60 days following such
11adoption and filing.
12    (cc) Except as otherwise provided in this subsection, the
13Department of Revenue shall, upon collecting any taxes as
14provided in this Section, pay the taxes to the State Treasurer
15as trustee for the Authority. The taxes shall be held in the
16Metropolitan Mobility Authority Occupation and Use Tax
17Replacement Fund, a trust fund outside the State treasury. If
18an airport-related purpose has been certified, taxes and
19penalties collected in DuPage, Kane, Lake, McHenry, and Will
20counties on aviation fuel sold from the 0.50% of the 0.75% rate
21shall be immediately paid over by the Department to the State
22Treasurer, ex officio, as trustee, for deposit into the Local
23Government Aviation Trust Fund. The Department shall only pay
24moneys into the Local Government Aviation Trust Fund under
25this Act for so long as the revenue use requirements of 49
26U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

 

 

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1Authority. On or before the 25th day of each calendar month,
2the State Department of Revenue shall prepare and certify to
3the Comptroller of the State of Illinois and to the Authority
4(i) the amount of taxes collected in each county other than
5Cook County in the metropolitan region, (not including, if an
6airport-related purpose has been certified, the taxes and
7penalties collected from the 0.50% of the 0.75% rate on
8aviation fuel that are deposited into the Local Government
9Aviation Trust Fund) (ii) the amount of taxes collected within
10the City of Chicago, and (iii) the amount collected in that
11portion of Cook County outside Chicago, each amount less the
12amount necessary for the payment of refunds to taxpayers
13located in those areas described in items (i), (ii), and
14(iii), and less 1.5% of the remainder, which shall be
15transferred from the trust fund into the Tax Compliance and
16Administration Fund. The Department, at the time of each
17monthly disbursement to the Authority, shall prepare and
18certify to the State Comptroller the amount to be transferred
19into the Tax Compliance and Administration Fund under this
20subsection. Within 10 days after receipt by the Comptroller of
21the certification of the amounts, the Comptroller shall cause
22an order to be drawn for the transfer of the amount certified
23into the Tax Compliance and Administration Fund and the
24payment of two-thirds of the amounts certified in item (i) of
25this subsection to the Authority and one-third of the amounts
26certified in item (i) of this subsection to the respective

 

 

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1counties other than Cook County and the amount certified in
2items (ii) and (iii) of this subsection to the Authority.
3    (dd) In addition to the disbursement required by
4subsection (cc), an allocation shall be made in each year to
5the Authority. The allocation shall be made in an amount equal
6to the average monthly distribution during the preceding
7calendar year (excluding the 2 months of lowest receipts) and
8the allocation shall include the amount of average monthly
9distribution from the Metropolitan Mobility Authority
10Occupation and Use Tax Replacement Fund. The distribution made
11in each year under this subsection and in subsection (cc)
12shall be reduced by the amount allocated and disbursed under
13this subsection in the preceding calendar year. The Department
14of Revenue shall prepare and certify to the Comptroller for
15disbursement the allocations made in accordance with this
16subsection.
17    (ee) The Authority's failure to adopt a budget ordinance
18or adopt a Five-Year Capital Program shall not affect the
19validity of any tax imposed by the Authority otherwise in
20conformity with law.
21    (ff) A public transportation tax or motor vehicle parking
22tax authorized under subsections (b), (c), and (d) may not be
23in effect at the same time as any retailers' occupation, use,
24or service occupation tax authorized under subsections (e),
25(m), and (r) is in effect.
26    (gg) Any taxes imposed under the authority provided in

 

 

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1subsections (b), (c), and (d) shall remain in effect only
2until the time as any tax authorized by subsections (e), (m),
3and (r) are imposed and becomes effective. Once any tax
4authorized by subsections (e), (m), and (r) is imposed the
5Board may not reimpose taxes as authorized in subsections (b),
6(c), and (d) unless any tax authorized by subsections (e),
7(m), and (r) becomes ineffective by means other than an
8ordinance of the Board.
9    (hh) Any existing rights, remedies, and obligations,
10including enforcement by the Authority, arising under any tax
11imposed under subsections (b), (c), and (d) shall not be
12affected by the imposition of a tax under subsections (e),
13(m), and (r).
14    (ii) As used in this Section:
15    "Airport-related purposes" has the meaning given to that
16term in Section 6z-20.2 of the State Finance Act.
17    "Motor fuel" has the meaning given to that term in Section
181.1 of the Motor Fuel Tax Law.
 
19    Section 6.03. Gross receipts tax-automobile rental.
20    (a) The Board may impose a tax upon all persons engaged in
21the business of renting automobiles in the metropolitan region
22at the rate of not to exceed 1% of the gross receipts from such
23business within Cook County and not to exceed 0.25% of the
24gross receipts from such business within the counties of
25DuPage, Kane, Lake, McHenry, and Will. The tax imposed

 

 

HB1833- 136 -LRB104 09303 RTM 19361 b

1pursuant to this subsection and all civil penalties that may
2be assessed as an incident thereof shall be collected and
3enforced by the Department of Revenue. The certificate of
4registration which is issued by the Department to a retailer
5under the Retailers' Occupation Tax Act or under the
6Automobile Renting Occupation and Use Tax Act shall permit
7such person to engage in a business which is taxable under any
8ordinance or resolution enacted pursuant to this subsection
9without registering separately with the Department under such
10ordinance or resolution or under this subsection. The
11Department has full power to administer and enforce this
12subsection; to collect all taxes and penalties due under this
13subsection; to dispose of taxes and penalties so collected in
14the manner provided in this subsection, and to determine all
15rights to credit memoranda, arising on account of the
16erroneous payment of tax or penalty under this subsection. In
17the administration of, and compliance with, this subsection,
18the Department and persons who are subject to this subsection
19have the same rights, remedies, privileges, immunities,
20powers, and duties, and are subject to the same conditions,
21restrictions, limitations, penalties, and definitions of
22terms, and employ the same modes of procedure, as are
23prescribed in Sections 2 and 3 (in respect to all provisions
24therein other than the State rate of tax; and with relation to
25the provisions of the Retailers' Occupation Tax referred to
26therein, except as to the disposition of taxes and penalties

 

 

HB1833- 137 -LRB104 09303 RTM 19361 b

1collected, and except for the provision allowing retailers a
2deduction from the tax cover certain costs, and except that
3credit memoranda issued hereunder may not be used to discharge
4any State tax liability) of the Automobile Renting Occupation
5and Use Tax Act as fully as if provisions contained in those
6Sections of said Act were set forth in this subsection.
7Persons subject to any tax imposed pursuant to the authority
8granted in this paragraph may reimburse themselves for their
9tax liability under this subsection by separately stating such
10tax as an additional charge, which charge may be stated in
11combination, in a single amount, with State tax which sellers
12are required to collect under the Automobile Renting
13Occupation and Use Tax Act pursuant to such bracket schedules
14as the Department may prescribe. Nothing in this subsection
15shall be construed to authorize the Authority to impose a tax
16upon the privilege of engaging in any business which under the
17United States Constitution may not be made the subject of
18taxation by this State.
19    (b) The Board may impose a tax upon the privilege of using,
20in the metropolitan region, an automobile which is rented from
21a renter outside Illinois, and that is titled or registered
22with an agency of this State's government, at a rate not to
23exceed 1% of the rental price of such automobile within Cook
24County, and not to exceed 0.25% of the rental price within the
25counties of DuPage, Kane, Lake, McHenry, and Will. Such tax
26shall be collected from persons whose Illinois address for

 

 

HB1833- 138 -LRB104 09303 RTM 19361 b

1titling or registration purposes is given as being in the
2metropolitan region. Such tax shall be collected by the
3Department of Revenue for the Authority. Such tax must be paid
4to the State, or an exemption determination must be obtained
5from the Department of Revenue before the title or certificate
6of registration for the property may be issued. The tax or
7proof of exemption may be transmitted to the Department by way
8of the State agency with which, or State officer with whom the
9tangible personal property must be titled or registered if the
10Department and such agency or State officer determine that
11this procedure will expedite the processing of applications
12for title or registration. The Department has full power to
13administer and enforce this subsection; to collect all taxes,
14penalties and interest due under this subsection; to dispose
15of taxes, penalties, and interest so collected in the manner
16provided in this subsection, and to determine all rights to
17credit memoranda or refunds arising on account of the
18erroneous payment of tax, penalty, or interest under this
19subsection. In the administration of, and compliance with,
20this subsection, the Department and persons who are subject to
21this paragraph have the same rights, remedies, privileges,
22immunities, powers, and duties, and are subject to the same
23conditions, restrictions, limitations, penalties, and
24definitions of terms, and employ the same modes of procedure,
25as are prescribed in Sections 2 and 4 (except provisions
26pertaining to the State rate of tax; and with relation to the

 

 

HB1833- 139 -LRB104 09303 RTM 19361 b

1provisions of the Use Tax Act referred to therein, except
2provisions concerning collection or refunding of the tax by
3retailers, and except the provisions of Section 19 pertaining
4to claims by retailers and except the last paragraph
5concerning refunds, and except that credit memoranda issued
6hereunder may not be used to discharge any State tax
7liability) of the Automobile Renting Occupation and Use Tax
8Act which are not inconsistent with this subsection, as fully
9as if provisions contained in those Sections of said Act were
10set forth in this subsection.
11    (c) Whenever the Department determines that a refund
12should be made under this Section to a claimant instead of
13issuing a credit memorandum, the Department shall notify the
14State Comptroller, who shall cause the order to be drawn for
15the amount specified, and to the person named, in such
16notification from the Department. Such refund shall be paid by
17the State Treasurer out of the Metropolitan Mobility Authority
18Occupation and Use Tax Replacement Fund created under Section
196.02.
20    (d) The Department shall forthwith pay over to the State
21Treasurer, ex officio, as trustee, all taxes, penalties and
22interest collected under this Section. On or before the 25th
23day of each calendar month, the Department shall prepare and
24certify to the State Comptroller the amount to be paid to the
25Authority. The State Department of Revenue shall also certify
26to the Authority the amount of taxes collected in each county

 

 

HB1833- 140 -LRB104 09303 RTM 19361 b

1other than Cook County in the metropolitan region less the
2amount necessary for the payment of refunds to taxpayers in
3such county. With regard to Cook County, the certification
4shall specify the amount of taxes collected within the City of
5Chicago less the amount necessary for the payment of refunds
6to taxpayers in the City of Chicago and the amount collected in
7that portion of Cook County outside the City of Chicago less
8the amount necessary for the payment of refunds to taxpayers
9in that portion of Cook County outside the City of Chicago. The
10amount to be paid to the Authority shall be the amount, not
11including credit memoranda, collected under this Section
12during the second preceding calendar month by the Department,
13and not including an amount equal to the amount of refunds made
14during the second preceding calendar month by the Department
15on behalf of the Authority. Within 10 days after receipt by the
16State Comptroller of the disbursement certification to the
17Authority, the State Comptroller shall cause the orders to be
18drawn in accordance with the directions contained in such
19certification.
20    (e) An ordinance imposing a tax under this Section or
21effecting a change in the rate of the tax shall be effective on
22the first day of the calendar month next following the month in
23which such ordinance is passed. The Board shall transmit to
24the Department of Revenue on or not later than 5 days after
25passage of the ordinance a certified copy of the ordinance
26imposing such tax whereupon the Department of Revenue shall

 

 

HB1833- 141 -LRB104 09303 RTM 19361 b

1proceed to administer and enforce this Section on behalf of
2the Authority as of the effective date of the ordinance. Upon a
3change in rate of a tax levied hereunder, or upon the
4discontinuance of the tax, the Board shall, on or not later
5than 5 days after passage of the ordinance discontinuing the
6tax or effecting a change in rate, transmit to the Department
7of Revenue a certified copy of the ordinance effecting such
8change or discontinuance.
 
9    Section 6.04. Distribution of revenues.
10    (a) This Section applies only after the Department begins
11administering and enforcing an increased tax under subsection
12(bb) of Section 6.02 as authorized by this Act. After
13providing for payment of its obligations with respect to bonds
14and notes issued under the provisions of Section 6.05 and
15obligations related to those bonds and notes and separately
16accounting for the tax on aviation fuel deposited into the
17Local Government Aviation Trust Fund, the Authority shall
18disburse the remaining proceeds from taxes it has received
19from the Department of Revenue under this Article VI and the
20remaining proceeds it has received from the State under
21subsection (a) of Section 6.08 among the Authority programs.
22    (b) The Authority shall allocate among the Authority
23programs money received by the Authority on account of
24transfers to the Metropolitan Mobility Authority Occupation
25and Use Tax Replacement Fund from the State and Local Sales Tax

 

 

HB1833- 142 -LRB104 09303 RTM 19361 b

1Reform Fund.
2    (c) The Authority shall allocate money received from the
3State under subsection (a) of Section 6.08 among the Authority
4programs.
5    (d) The Authority shall allocate funds provided by the
6State of Illinois under subsection (cc) of Section 6.02 among
7the Authority programs.
8    (e) With respect to those taxes collected in DuPage, Kane,
9Lake, McHenry, and Will counties and paid directly to the
10counties under Section 6.02, the county board of each county
11shall use those amounts to fund operating and capital costs of
12public safety and public transportation services or facilities
13or to fund operating, capital, right-of-way, construction, and
14maintenance costs of other transportation purposes, including
15road, bridge, public safety, and transit purposes intended to
16improve mobility or reduce congestion in the county. The
17receipt of funding by such counties pursuant to this
18subsection may not be used as the basis for reducing any funds
19that such counties would otherwise have received from the
20State of Illinois, any agency or instrumentality thereof, or
21the Authority.
 
22    Section 6.05. Issuance and pledge of bonds and notes.
23    (a) The Authority may borrow money and issue its
24negotiable bonds or notes as provided in this Section. Unless
25otherwise indicated in this Section, the term "notes" also

 

 

HB1833- 143 -LRB104 09303 RTM 19361 b

1includes bond anticipation notes, which are notes which by
2their terms provide for their payment from the proceeds of
3bonds thereafter to be issued.
4    (b) Bonds or notes of the Authority may be issued for any
5or all of the following purposes:
6        (1) to pay costs to the Authority of constructing or
7    acquiring any public transportation facilities, including
8    funds and rights relating thereto;
9        (2) to repay advances to the Authority made for such
10    purposes; and to pay other expenses of the Authority
11    incident to or incurred in connection with such
12    construction or acquisition;
13        (3) to provide funds for any transportation agency to
14    pay principal of or interest or redemption premium on any
15    bonds or notes, whether as such amounts become due or by
16    earlier redemption, issued prior to the effective date of
17    this Act by such transportation agency to construct or
18    acquire public transportation facilities or to provide
19    funds to purchase such bonds or notes;
20        (4) to provide funds for any transportation agency to
21    construct or acquire any public transportation facilities,
22    to repay advances made for such purposes, and to pay other
23    expenses incident to or incurred in connection with such
24    construction or acquisition; and
25        (5) to provide funds for payment of obligations,
26    including the funding of reserves, under any

 

 

HB1833- 144 -LRB104 09303 RTM 19361 b

1    self-insurance plan or joint self-insurance pool or
2    entity.
3    (c) In addition to any other borrowing as may be
4authorized by this Section, the Authority may issue its notes,
5from time to time, in anticipation of tax receipts of the
6Authority or of other revenues or receipts of the Authority,
7in order to provide money for the Authority to cover any cash
8flow deficit which the Authority anticipates incurring. Any
9such notes are referred to in this Section as "working cash
10notes".
11    (d) Working cash notes may not be issued for a term of
12longer than 24 months.
13    (e) Proceeds of working cash notes may be used to pay
14day-to-day operating expenses of the Authority, consisting of
15wages, salaries, and fringe benefits, professional and
16technical services, including legal, audit, engineering, and
17other consulting services, office rental, furniture, fixtures
18and equipment, insurance premiums, claims for self-insured
19amounts under insurance policies, public utility obligations
20for telephone, light, heat, and similar items, travel
21expenses, office supplies, postage, dues, subscriptions,
22public hearings and information expenses, fuel purchases, and
23payments of grants and payments under purchase of service
24agreements for operations of transportation agencies, prior to
25the receipt by the Authority from time to time of funds for
26paying such expenses.

 

 

HB1833- 145 -LRB104 09303 RTM 19361 b

1    (f) The Authority may issue notes or bonds to pay, refund,
2or redeem any of its notes and bonds, including to pay
3redemption premiums or accrued interest on such bonds or notes
4being renewed, paid or refunded, and other costs in connection
5therewith.
6    (g) The Authority may use the proceeds of any bonds or
7notes issued under this Section to pay the legal, financial,
8administrative, and other expenses of such authorization,
9issuance, sale, or delivery of bonds or notes or to provide or
10increase a debt service reserve fund with respect to any or all
11of its bonds or notes.
12    (h) The Authority may issue and deliver its bonds or notes
13in exchange for any public transportation facilities,
14including funds and rights relating thereto, or in exchange
15for outstanding bonds or notes of the Authority, including any
16accrued interest or redemption premium thereon, without
17advertising or submitting such notes or bonds for public
18bidding.
19    (i) The ordinance providing for the issuance of any bonds
20or notes issued under this Section shall fix the date or dates
21of maturity, the dates on which interest is payable, any
22sinking fund account or reserve fund account provisions, and
23all other details of such bonds or notes and may provide for
24such covenants or agreements necessary or desirable with
25regard to the issue, sale and security of such bonds or notes.
26The rate or rates of interest on its bonds or notes may be

 

 

HB1833- 146 -LRB104 09303 RTM 19361 b

1fixed or variable and the Authority shall determine or provide
2for the determination of the rate or rates of interest of its
3bonds or notes issued under this Act in an ordinance adopted by
4the Authority prior to the issuance thereof, none of which
5rates of interest shall exceed that permitted in the Bond
6Authorization Act. Interest may be payable at such times as
7are provided for by the Board.
8    (j) Bonds and notes issued under this Section may be
9issued as serial or term obligations, shall be of such
10denomination or denominations and form, including interest
11coupons to be attached thereto, be executed in such manner,
12shall be payable at such place or places and bear such date as
13the Authority shall fix by the ordinance authorizing such bond
14or note and shall mature at such time or times, within a period
15not to exceed 40 years from the date of issue, and may be
16redeemable prior to maturity with or without premium, at the
17option of the Authority, upon such terms and conditions as the
18Authority shall fix by the ordinance authorizing the issuance
19of such bonds or notes.
20    (k) A bond anticipation note or any renewal thereof may
21not mature at any time or times exceeding 5 years from the date
22of the first issuance of such note.
23    (l) The Authority may provide for the registration of
24bonds or notes in the name of the owner as to the principal
25alone or as to both principal and interest, upon such terms and
26conditions as the Authority may determine.

 

 

HB1833- 147 -LRB104 09303 RTM 19361 b

1    (m) The ordinance authorizing bonds or notes may provide
2for the exchange of such bonds or notes which are fully
3registered, as to both principal and interest, with bonds or
4notes which are registrable as to principal only.
5    (n) All bonds or notes issued under this Section by the
6Authority other than those issued in exchange for property or
7for bonds or notes of the Authority shall be sold at a price
8which may be at a premium or discount but such that the
9interest cost, excluding any redemption premium, to the
10Authority of the proceeds of an issue of such bonds or notes,
11computed to stated maturity according to standard tables of
12bond values, shall not exceed that permitted in the Bond
13Authorization Act.
14    (o) The Authority shall notify the Governor's Office of
15Management and Budget and the State Comptroller at least 30
16days before any bond sale and shall file with the Governor's
17Office of Management and Budget and the State Comptroller a
18certified copy of any ordinance authorizing the issuance of
19bonds at or before the issuance of the bonds.
20    (p) Any such bonds or notes of the Authority shall be sold
21to the highest and best bidder on sealed bids as the Authority
22shall deem. As such bonds or notes are to be sold the Authority
23shall advertise for proposals to purchase the bonds or notes
24which advertisement shall be published at least once in a
25daily newspaper of general circulation published in the
26metropolitan region at least 10 days before the time set for

 

 

HB1833- 148 -LRB104 09303 RTM 19361 b

1the submission of bids. The Authority shall have the right to
2reject any or all bids.
3    (q) Notwithstanding any other provisions of this Section,
4working cash notes or bonds or notes to provide funds for
5self-insurance or a joint self-insurance pool or entity may be
6sold either upon competitive bidding or by negotiated sale,
7without any requirement of publication of intention to
8negotiate the sale of such Notes, as the Board shall determine
9by ordinance.
10    (r) In case any officer whose signature appears on any
11bonds, notes, or coupons authorized pursuant to this Section
12shall cease to be such officer before delivery of such bonds or
13notes, such signature shall nevertheless be valid and
14sufficient for all purposes, the same as if such officer had
15remained in office until such delivery. Neither the Directors
16of the Authority nor any person executing any bonds or notes
17thereof shall be liable personally on any such bonds or notes
18or coupons by reason of the issuance thereof.
19    (s) All bonds or notes of the Authority issued pursuant to
20this Section shall be general obligations of the Authority to
21which shall be pledged the full faith and credit of the
22Authority, as provided in this Section. Such bonds or notes
23shall be secured as provided in the authorizing ordinance,
24which may, notwithstanding any other provision of this Act,
25include in addition to any other security, a specific pledge
26or assignment of and lien on or security interest in any or all

 

 

HB1833- 149 -LRB104 09303 RTM 19361 b

1tax receipts of the Authority and on any or all other revenues
2or moneys of the Authority from whatever source, which may, by
3law, be used for debt service purposes and a specific pledge or
4assignment of and lien on or security interest in any funds or
5accounts established or provided for by the ordinance of the
6Authority authorizing the issuance of such bonds or notes. Any
7such pledge, assignment, lien, or security interest for the
8benefit of holders of bonds or notes of the Authority shall be
9valid and binding from the time the bonds or notes are issued
10without any physical delivery or further act and shall be
11valid and binding as against and prior to the claims of all
12other parties having claims of any kind against the Authority
13or any other person irrespective of whether such other parties
14have notice of such pledge, assignment, lien, or security
15interest. The obligations of the Authority incurred pursuant
16to this Section are superior to and have priority over any
17other obligations of the Authority.
18    (t) The Authority may provide in the ordinance authorizing
19the issuance of any bonds or notes issued pursuant to this
20Section for the creation of, deposits in, and regulation and
21disposition of sinking fund or reserve accounts relating to
22such bonds or notes. The ordinance authorizing the issuance of
23any bonds or notes pursuant to this Section may contain
24provisions as part of the contract with the holders of the
25bonds or notes, for the creation of a separate fund to provide
26for the payment of principal and interest on such bonds or

 

 

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1notes and for the deposit in such fund from any or all the tax
2receipts of the Authority and from any or all such other moneys
3or revenues of the Authority from whatever source which may by
4law be used for debt service purposes, all as provided in such
5ordinance, of amounts to meet the debt service requirements on
6such bonds or notes, including principal and interest, and any
7sinking fund or reserve fund account requirements as may be
8provided by such ordinance, and all expenses incident to or in
9connection with such fund and accounts or the payment of such
10bonds or notes. Such ordinance may also provide limitations on
11the issuance of additional bonds or notes of the Authority.
12Such bonds or notes of the Authority do not constitute a debt
13of the State of Illinois. Nothing in this Act shall be
14construed to enable the Authority to impose any ad valorem tax
15on property.
16    (u) The ordinance of the Authority authorizing the
17issuance of any bonds or notes may provide additional security
18for such bonds or notes by providing for appointment of a
19corporate trustee, which may be any trust company or bank
20having the powers of a trust company within the State, with
21respect to such bonds or notes. The ordinance shall prescribe
22the rights, duties, and powers of the trustee to be exercised
23for the benefit of the Authority and the protection of the
24holders of such bonds or notes. The ordinance may provide for
25the trustee to hold in trust, invest, and use amounts in funds
26and accounts created as provided by the ordinance with respect

 

 

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1to the bonds or notes. The ordinance may provide for the
2assignment and direct payment to the trustee of any or all
3amounts produced from the sources provided in Sections 6.02
4and 6.08 and provided in Section 6z-17 of the State Finance
5Act. Upon receipt of notice of any such assignment, the
6Department of Revenue and the Comptroller of the State of
7Illinois shall thereafter, notwithstanding the provisions of
8Sections 6.02 and 6.08 and Section 6z-17 of the State Finance
9Act, provide for such assigned amounts to be paid directly to
10the trustee instead of the Authority, all in accordance with
11the terms of the ordinance making the assignment. The
12ordinance shall provide that amounts so paid to the trustee
13which are not required to be deposited, held, or invested in
14funds and accounts created by the ordinance with respect to
15bonds or notes or used for paying bonds or notes to be paid by
16the trustee to the Authority.
17    (v) Any bonds or notes of the Authority issued pursuant to
18this Section shall constitute a contract between the Authority
19and the holders from time to time of such bonds or notes. In
20issuing any bond or note, the Authority may include in the
21ordinance authorizing such issue a covenant as part of the
22contract with the holders of the bonds or notes, that as long
23as such obligations are outstanding, it shall make such
24deposits, as provided in subsection (c). It may also so
25covenant that it shall impose and continue to impose taxes, as
26provided in Section 6.02 and in addition thereto as

 

 

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1subsequently authorized by law, sufficient to make such
2deposits and pay the principal and interest and to meet other
3debt service requirements of such bonds or notes as they
4become due. A certified copy of the ordinance authorizing the
5issuance of any such obligations shall be filed at or prior to
6the issuance of such obligations with the State Comptroller
7and the Department of Revenue.
8    (w) The State of Illinois pledges to and agrees with the
9holders of the bonds and notes of the Authority issued
10pursuant to this Section or issued by a consolidated entity
11that the State will not limit or alter the rights and powers
12vested in the Authority by this Act to impair the terms of any
13contract made by the Authority or by a consolidated entity
14with such holders or in any way impair the rights and remedies
15of such holders until such bonds and notes, together with
16interest thereon, with interest on any unpaid installments of
17interest, and all costs and expenses in connection with any
18action or proceedings by or on behalf of such holders, are
19fully met and discharged. In addition, the State pledges to
20and agrees with the holders of the bonds and notes of the
21Authority issued pursuant to this Section or by a consolidated
22entity that the State will not limit or alter the basis on
23which State funds are to be paid to the Authority as provided
24in this Act, or the use of such funds, so as to impair the
25terms of any such contract. The Authority may include these
26pledges and agreements of the State in any contract with the

 

 

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1holders of bonds or notes issued pursuant to this Section.
2    (x) Except as provided in subsections (y) and (aa), the
3Authority may not issue, sell, or deliver any bonds or notes,
4other than working cash notes and lines of credit, pursuant to
5this Section which will cause it to have issued and
6outstanding at any time in excess of $800,000,000 of such
7bonds and notes, other than working cash notes and lines of
8credit. The Authority shall not issue, sell, or deliver any
9working cash notes or establish a line of credit pursuant to
10this Section that will cause it to have issued and outstanding
11at any time in excess of $100,000,000. Bonds or notes which are
12being paid or retired by such issuance, sale, or delivery of
13bonds or notes, and bonds or notes for which sufficient funds
14have been deposited with the paying agency of such bonds or
15notes to provide for payment of principal and interest thereon
16or to provide for the redemption thereof, all pursuant to the
17ordinance authorizing the issuance of such bonds or notes,
18shall not be considered to be outstanding for the purposes of
19this subsection.
20    (y) The Authority may issue, sell, and deliver bonds or
21notes in such amounts as are necessary to provide for the
22refunding or advance refunding of bonds or notes issued for
23Strategic Capital Improvement Projects under this subsection
24if no such refunding bond or note shall mature later than the
25final maturity date of the series of bonds or notes being
26refunded and if the debt service requirements for such

 

 

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1refunding bonds or notes in the current or any future fiscal
2year do not exceed the debt service requirements for that year
3on the refunded bonds or notes.
4    (z) The Authority may also issue, sell, and deliver bonds
5or notes in such amounts as are necessary to provide for the
6refunding or advance refunding of bonds or notes issued for
7Strategic Capital Improvement Projects under paragraph (3) of
8subsection (g) of Section 4.04 of the Regional Transportation
9Authority Act (repealed), provided that no such refunding bond
10or note shall mature later than the final maturity date of the
11series of bonds or notes being refunded, and provided further
12that the debt service requirements for such refunding bonds or
13notes in the current or any future fiscal year shall not exceed
14the debt service requirements for that year on the refunded
15bonds or notes.
16    (aa) The Authority, subject to the terms of any agreements
17with noteholders or bondholders as may then exist, may, out of
18any funds available therefore, purchase notes or bonds of the
19Authority, which shall thereupon be canceled.
20    (bb) In addition to any other authority granted by law,
21the State Treasurer may, with the approval of the Governor,
22invest or reinvest, at a price not to exceed par, any State
23money in the State treasury which is not needed for current
24expenditures due or about to become due in working cash notes.
25If there is a default on a working cash note issued by the
26Authority in which State money in the State treasury was

 

 

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1invested, the Treasurer may, after giving notice to the
2Authority, certify to the Comptroller the amounts of the
3defaulted working cash note, in accordance with any applicable
4rules of the Comptroller, and the Comptroller must deduct and
5remit to the State treasury the certified amounts or a portion
6of those amounts from the following proportions of payments of
7State funds to the Authority:
8        (i) in the first year after default, one-third of the
9    total amount of any payments of State funds to the
10    Authority;
11        (ii) in the second year after default, two-thirds of
12    the total amount of any payments of State funds to the
13    Authority; and
14        (iii) in the third year after default and for each
15    year thereafter until the total invested amount is repaid,
16    the total amount of any payments of State funds to the
17    Authority.
18    (cc) The Authority may establish a line of credit with a
19bank or other financial institution as may be evidenced by the
20issuance of notes or other obligations, secured by and payable
21from all tax receipts of the Authority and any or all other
22revenues or moneys of the Authority, in an amount not to exceed
23the limitations set forth in subsection (x). Money borrowed
24under this subsection shall be used to provide money for the
25Authority to cover any cash flow deficit that the Authority
26anticipates incurring and shall be repaid within 24 months.

 

 

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1    (dd) Before establishing a line of credit under subsection
2(cc), the Authority shall authorize the line of credit by
3ordinance. The ordinance shall set forth facts demonstrating
4the need for the line of credit, state the amount to be
5borrowed, establish a maximum interest rate limit not to
6exceed the maximum rate authorized by the Bond Authorization
7Act, and provide a date by which the borrowed funds shall be
8repaid. The ordinance shall authorize and direct the relevant
9officials to make arrangements to set apart and hold, as
10applicable, the moneys that will be used to repay the
11borrowing. In addition, the ordinance may authorize the
12relevant officials to make partial repayments on the line of
13credit as the moneys become available and may contain any
14other terms, restrictions, or limitations desirable or
15necessary to give effect to subsection (cc).
16    (ee) The Authority shall notify the Governor's Office of
17Management and Budget and the State Comptroller at least 30
18days before establishing a line of credit and shall file with
19the Governor's Office of Management and Budget and the State
20Comptroller a certified copy of any ordinance authorizing the
21establishment of a line of credit upon or before establishing
22the line of credit.
23    (ff) Moneys borrowed under a line of credit pursuant to
24subsection (cc) are general obligations of the Authority that
25are secured by the full faith and credit of the Authority.
 

 

 

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1    Section 6.06. Bonds, notes, and certificates; legal
2investments. The State, all units of local government, all
3public officers, banks, bankers, trust companies, savings
4banks and institutions, building and loan associations,
5savings and loan associations, investment companies and other
6persons carrying on a banking business, insurance companies,
7insurance associations and other persons carrying on an
8insurance business, and all executors, administrators,
9guardians, trustees and other fiduciaries may legally invest
10any sinking funds, moneys, or other funds belonging to them or
11within their control in any bonds, notes, or equipment trust
12certificates issued pursuant to this Act, it being the purpose
13of this Section to authorize the investment in such bonds,
14notes, or certificates of all sinking, insurance, retirement,
15compensation, pension, and trust funds, whether owned or
16controlled by private or public persons or officers. However,
17nothing in this Section may be construed as relieving any
18person, firm, or corporation from any duty of exercising
19reasonable care in selecting securities for purchase or
20investment.
 
21    Section 6.07. Exemption from taxation. The Authority is
22exempt from all State and unit of local government taxes and
23registration and license fees other than as required for motor
24vehicle registration in accordance with the Illinois Vehicle
25Code. All property of the Authority is declared to be public

 

 

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1property devoted to an essential public and governmental
2function and purpose and is exempt from all taxes and special
3assessments of the State, any subdivision thereof, or any unit
4of local government.
 
5    Section 6.08. Public Transportation Fund and the
6Metropolitan Mobility Authority Occupation and Use Tax
7Replacement Fund.
8    (a) As soon as possible after the first day of each month,
9upon certification of the Department of Revenue, the
10Comptroller shall order transferred and the Treasurer shall
11transfer from the General Revenue Fund to the Public
12Transportation Fund, a special fund in the State treasury, an
13amount equal to 25% of the net revenue, before the deduction of
14the serviceman and retailer discounts pursuant to Section 9 of
15the Service Occupation Tax Act and Section 3 of the Retailers'
16Occupation Tax Act, realized from any tax imposed by the
17Authority pursuant to Sections 6.02 and 6.03 and 25% of the
18amounts deposited into the Metropolitan Mobility Authority
19Occupation and Use Tax Replacement Fund created by Section
206.02, from the County and Mass Transit District Fund as
21provided in Section 6z-20 of the State Finance Act and 25% of
22the amounts deposited into the Metropolitan Mobility Authority
23Occupation and Use Tax Replacement Fund from the State and
24Local Sales Tax Reform Fund as provided in Section 6z-17 of the
25State Finance Act. On the first day of the month following the

 

 

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1date that the Department receives revenues from increased
2taxes under subsection (cc) of Section 6.02, in lieu of the
3transfers authorized in the preceding sentence, upon
4certification of the Department of Revenue, the Comptroller
5shall order transferred and the Treasurer shall transfer from
6the General Revenue Fund to the Public Transportation Fund an
7amount equal to 25% of the net revenue, before the deduction of
8the serviceman and retailer discounts pursuant to Section 9 of
9the Service Occupation Tax Act and Section 3 of the Retailers'
10Occupation Tax Act, realized from (i) 80% of the proceeds of
11any tax imposed by the Authority at a rate of 1.25% in Cook
12County, (ii) 75% of the proceeds of any tax imposed by the
13Authority at the rate of 1% in Cook County, and (iii) one-third
14of the proceeds of any tax imposed by the Authority at the rate
15of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and
16Will, all pursuant to Section 6.02, and 25% of the net revenue
17realized from any tax imposed by the Authority pursuant to
18Section 6.03, and 25% of the amounts deposited into the
19Metropolitan Mobility Authority Occupation and Use Tax
20Replacement Fund created by Section 6.02 from the County and
21Mass Transit District Fund as provided in Section 6z-20 of the
22State Finance Act, and 25% of the amounts deposited into the
23Metropolitan Mobility Authority Occupation and Use Tax
24Replacement Fund from the State and Local Sales Tax Reform
25Fund as provided in Section 6z-17 of the State Finance Act. As
26used in this Section, net revenue realized for a month shall be

 

 

HB1833- 160 -LRB104 09303 RTM 19361 b

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

 

 

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1Section 6z-20 of the State Finance Act, and 5% of the amounts
2deposited into the Metropolitan Mobility Authority Occupation
3and Use Tax Replacement Fund from the State and Local Sales Tax
4Reform Fund as provided in Section 6z-17 of the State Finance
5Act, and 5% of the revenue realized by the Authority as
6financial assistance from the City of Chicago from the
7proceeds of any tax imposed by the City of Chicago under
8Section 8-3-19 of the Illinois Municipal Code.
9    (d) Notwithstanding any provision of law to the contrary,
10those amounts required under subsection (e) to be transferred
11by the Treasurer into the Public Transportation Fund from the
12General Revenue Fund shall be directly deposited into the
13Public Transportation Fund as the revenues are realized from
14the taxes indicated.
15    (e) Except as otherwise provided in subsection (g), as
16soon as possible after the first day of each month, upon
17certification of the Department of Revenue with respect to the
18taxes collected under Section 6.02, the Comptroller shall
19order transferred and the Treasurer shall transfer from the
20General Revenue Fund to the Public Transportation Fund an
21amount equal to 25% of the net revenue, before the deduction of
22the serviceman and retailer discounts pursuant to Section 9 of
23the Service Occupation Tax Act and Section 3 of the Retailers'
24Occupation Tax Act, realized from (i) 20% of the proceeds of
25any tax imposed by the Authority at a rate of 1.25% in Cook
26County, (ii) 25% of the proceeds of any tax imposed by the

 

 

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1Authority at the rate of 1% in Cook County, and (iii) one-third
2of the proceeds of any tax imposed by the Authority at the rate
3of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and
4Will, all pursuant to Section 6.02, and the Comptroller shall
5order transferred and the Treasurer shall transfer from the
6General Revenue Fund to the Public Transportation Fund (iv) an
7amount equal to 25% of the revenue realized by the Authority as
8financial assistance from the City of Chicago from the
9proceeds of any tax imposed by the City of Chicago under
10Section 8-3-19 of the Illinois Municipal Code.
11    (f) Notwithstanding any provision of law to the contrary,
12those amounts required under subsection (e) to be transferred
13by the Treasurer into the Public Transportation Fund from the
14General Revenue Fund shall be directly deposited into the
15Public Transportation Fund as the revenues are realized from
16the taxes indicated
17    (g) Notwithstanding any provision of law to the contrary,
18of the transfers to be made under subsections (a), (c), and (e)
19from the General Revenue Fund to the Public Transportation
20Fund, the first $150,000,000 that would have otherwise been
21transferred from the General Revenue Fund shall be transferred
22from the Road Fund. The remaining balance of such transfers
23shall be made from the General Revenue Fund.
24    (h) All moneys deposited into the Public Transportation
25Fund and the Metropolitan Mobility Authority Occupation and
26Use Tax Replacement Fund, whether deposited pursuant to this

 

 

HB1833- 163 -LRB104 09303 RTM 19361 b

1Section or otherwise, are allocated to the Authority, except
2for amounts appropriated to the Office of the Executive
3Inspector General under subsection (a) of Section 5.14 and
4amounts transferred to the Audit Expense Fund pursuant to
5Section 6z-27 of the State Finance Act. The Comptroller, as
6soon as possible after each monthly transfer provided in this
7Section and after each deposit into the Public Transportation
8Fund, shall order the Treasurer to pay to the Authority out of
9the Public Transportation Fund the amount so transferred or
10deposited. Any additional state assistance and additional
11financial assistance paid to the Authority under this Section
12shall be expended by the Authority for its purposes as
13provided in this Act. The balance of the amounts paid to the
14Authority from the Public Transportation Fund shall be
15expended by the Authority as provided in Section 6.04. The
16Comptroller, as soon as possible after each deposit into the
17Metropolitan Mobility Authority Occupation and Use Tax
18Replacement Fund provided in this Section and Section 6z-17 of
19the State Finance Act, shall order the Treasurer to pay to the
20Authority out of the Metropolitan Mobility Authority
21Occupation and Use Tax Replacement Fund the amount so
22deposited. Such amounts paid to the Authority may be expended
23by it for its purposes as provided in this Act. The provisions
24directing the distributions from the Public Transportation
25Fund and the Metropolitan Mobility Authority Occupation and
26Use Tax Replacement Fund provided for in this Section shall

 

 

HB1833- 164 -LRB104 09303 RTM 19361 b

1constitute an irrevocable and continuing appropriation of all
2amounts as provided herein. The State Treasurer and State
3Comptroller are authorized and directed to make distributions
4as provided in this Section. However, no moneys deposited
5under subsection (a) shall be paid from the Public
6Transportation Fund to the Authority or its assignee for any
7fiscal year until the Authority has certified to the Governor,
8the Comptroller, and the Mayor of the City of Chicago that it
9has adopted for that fiscal year an Annual Budget and Two-Year
10Financial Plan meeting the requirements in Section 5.12.
11    (i) In recognition of the efforts of the Authority to
12enhance the mass transportation facilities under its control,
13the State shall provide financial assistance (hereinafter
14"additional state assistance"). Additional state assistance
15shall be calculated as provided in subsection (k), but may not
16exceed $55,000,000.
17    (j) The State shall provide financial assistance
18(hereinafter "additional financial assistance") in addition to
19the additional state assistance provided by subsection (i) and
20the amounts transferred to the Authority under subsection (a).
21Additional financial assistance provided by this subsection
22shall be calculated as provided in subsection (k), but may not
23exceed $100,000,000.
24    (k) The Authority shall annually certify to the State
25Comptroller and State Treasurer the following amounts:
26        (1) The amount necessary and required, during the

 

 

HB1833- 165 -LRB104 09303 RTM 19361 b

1    State fiscal year with respect to which the certification
2    is made, to pay its obligations for debt service on all
3    outstanding bonds or notes issued by the Authority or a
4    consolidated entity.
5        (2) An estimate of the amount necessary and required
6    to pay its obligations for debt service for any bonds or
7    notes which the Authority anticipates it will issue during
8    that State fiscal year.
9        (3) Its debt service savings during the preceding
10    State fiscal year from refunding or advance refunding of
11    bonds or notes issued by the Authority or a consolidated
12    entity.
13        (4) The amount of interest, if any, earned by the
14    Authority during the previous State fiscal year on the
15    proceeds of bonds or notes issued by the Authority or a
16    consolidated entity, other than refunding or advance
17    refunding bonds or notes.
18    (l) The certification under subsection (k) shall include a
19specific schedule of debt service payments, including the date
20and amount of each payment for all outstanding bonds or notes
21and an estimated schedule of anticipated debt service for all
22bonds and notes it intends to issue, if any, during that State
23fiscal year, including the estimated date and estimated amount
24of each payment.
25    (m) Immediately upon the issuance of bonds for which an
26estimated schedule of debt service payments was prepared, the

 

 

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1Authority shall file an amended certification with respect to
2paragraph (2) of subsection (k) to specify the actual schedule
3of debt service payments, including the date and amount of
4each payment, for the remainder of the State fiscal year.
5    (n) On the first day of each month of the State fiscal year
6in which there are bonds outstanding with respect to which the
7certification is made, the State Comptroller shall order
8transferred and the State Treasurer shall transfer from the
9Road Fund to the Public Transportation Fund the additional
10state assistance and additional financial assistance in an
11amount equal to the aggregate of (i) one-twelfth of the sum of
12the amounts certified under paragraphs (1) and (3) of
13subsection (k) less the amount certified under paragraph (4)
14of subsection (k), plus (ii) the amount required to pay debt
15service on bonds and notes issued during the fiscal year, if
16any, divided by the number of months remaining in the fiscal
17year after the date of issuance, or some smaller portion as may
18be necessary under subsection (i) or (j) for the relevant
19State fiscal year, plus (iii) any cumulative deficiencies in
20transfers for prior months, until an amount equal to the sum of
21the amounts certified under subsections (a) and (e), plus the
22actual debt service certified under subsection (c), less the
23amount certified under subsection (k), has been transferred;
24except that these transfers are subject to the following
25limits:
26        (1) The total transfers in any State fiscal year

 

 

HB1833- 167 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 168 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 169 -LRB104 09303 RTM 19361 b

1services for projects approved pursuant to Section 5.10 shall
2comply with the requirements set forth in the Local Government
3Professional Services Selection Act.
 
4    Section 6.10. Rate protection contracts.
5    (a) As used in this Section, "rate protection contracts"
6means interest rate price exchange agreements; currency
7exchange agreements; forward payment conversion agreements;
8contracts providing for payment or receipt of funds based on
9levels of, or changes in, interest rates, currency exchange
10rates, stock or other indices; contracts to exchange cash
11flows or a series of payments; contracts, including, without
12limitation, interest rate caps; interest rate floor; interest
13rate locks; interest rate collars; rate of return guarantees
14or assurances, to manage payment, currency, rate, spread or
15similar exposure; the obligation, right, or option to issue,
16put, lend, sell, grant a security interest in, buy, borrow or
17otherwise acquire, a bond, note or other security or interest
18therein as an investment, as collateral, as a hedge, or
19otherwise as a source or assurance of payment to or by the
20Authority or as a reduction of the Authority's or an obligor's
21risk exposure; repurchase agreements; securities lending
22agreements; and other similar agreements or arrangements.
23    (b) Notwithstanding any provision in paragraph (2) of
24Section 4.02 to the contrary, in connection with or incidental
25to the issuance by the Authority of its bonds or notes under

 

 

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1the provisions of Section 6.05 or the exercise of its powers
2under paragraph (2) of Section 4.02, the Authority, for its
3own benefit or for the benefit of the holders of its
4obligations or their trustee, may enter into rate protection
5contracts. The Authority may enter into rate protection
6contracts only pursuant to a determination by the Directors
7that the terms of the contracts and any related agreements
8reduce the risk of loss to the Authority, or protect, preserve
9or enhance the value of its assets, or provide compensation to
10the Authority for losses resulting from changes in interest
11rates. The Authority's obligations under any rate protection
12contract or credit enhancement or liquidity agreement shall
13not be considered bonds or notes for purposes of this Act. For
14purposes of this Section, a rate protection contract is a
15contract determined by the Authority as necessary or
16appropriate to permit it to manage payment, currency, or
17interest rate risks or levels.
 
18    Section 6.11. Metropolitan Mobility Authority Additional
19Operating Funding Fund. There is created the Metropolitan
20Mobility Authority Additional Operating Funding Fund, a
21special fund that is created in the State treasury, and,
22subject to appropriation and as directed by the Board, moneys
23in the Fund may be expended for any purpose allowed under this
24Act.
 

 

 

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1    Section 6.12. Nature of funds. The funds described in this
2Act and the Equitable Transit-Supportive Development Act
3generated from transportation sources and deposited into those
4funds are protected under Section 11 of Article IX of the
5Illinois Constitution and the uses of the funds allowed under
6these Acts are deemed transportation purposes under Section 11
7of Article IX and may not, by transfer, offset, or otherwise,
8be diverted by any local government, including, without
9limitation, any home rule unit of government, to any purpose
10other than public transportation purposes. This Section is
11declarative of existing law.
 
12
Article VII. EQUITABLE TRANSIT-SUPPORTIVE DEVELOPMENT

 
13    Section 7.01. Short title; intent.
14    (a) This Article VII may be cited as the Equitable
15Transit-Supportive Development Act. References to "this Act"
16in this Article VII mean this Article VII.
17    (b) It is the intent of the General Assembly in enacting
18this Act to (1) strengthen connections among people, places,
19and transit, (2) establish a virtuous cycle of increasing
20residential units and employment near transit to support
21improved transit service to those community assets, (3)
22support increased housing opportunities and other infill
23development in transit-served locations, (4) enhance the
24resilience of Illinois' transit assets and increase the value

 

 

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

 

 

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

 

 

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1    work, including, but not limited to, site acquisition,
2    parcel assembly, environmental remediation, and utility
3    and supporting infrastructure installation, directly or
4    through grants and partnerships with other public or
5    private organizations;
6        (2) loans offered by the Office to provide financing
7    for construction in support of eligible development
8    projects; or
9        (3) technical assistance offered by the Office to
10    transit agencies, local jurisdictions with land use
11    authority, property owners, and developers to help best
12    accommodate transit-supportive development in areas near
13    high-quality transit. As used in this paragraph,
14    "technical assistance" includes, but is not limited to:
15    interagency expertise; development strategy and planning
16    assistance; market or value capture assessments; and
17    assistance with solicitations, ground leases, or revolving
18    funds; professional services, including, but not limited
19    to, marketing, financial analysis, design, engineering,
20    and land surveying.
21    (e) The Office and the State's metropolitan planning
22organizations may partner to carry out this Act, including the
23Office providing operating funding to metropolitan planning
24organizations for personnel with expertise in
25transit-supportive development in accordance with this Act.
 

 

 

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1    Section 7.04. Transit support overlay districts.
2    (a) The metropolitan planning organization for each
3municipality seeking eligibility for assistance by the Office
4shall develop standards for a transit support overlay district
5for that urban area, which may include, but are not limited to,
6transit-supportive allowable uses and densities, restriction
7of auto-oriented uses, removal of parking requirements, site
8planning standards that support walkability, sidewalk network
9connectivity and local funding commitments for sidewalks in
10compliance with the requirements of the Americans with
11Disabilities Act of 1990, as amended, and streetscape features
12that encourage transit use.
13    (b) Assistance by the Office shall be exclusively for
14projects in municipalities that have adopted the standards in
15the transit support overlay district for that area or that
16have adopted zoning and other changes that the Office
17determines have benefits greater than or equal to such a
18District.
 
19    Section 7.05. Standards and annual reporting. The Office
20shall develop standards and procedures necessary to implement
21this Act and shall annually publish a comprehensive annual
22report that describes its transactions, holdings, and
23financial position.
 
24    Section 7.06. Report to General Assembly. By no later than

 

 

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12 years after the effective date of this Act, the Office shall
2submit to the General Assembly a comprehensive study of State
3programs for affordable housing, economic development, and
4other capital investments to determine how the criteria for
5investment under those programs can be aligned to support
6transit and transit-oriented development. The study shall also
7identify opportunities to bundle or streamline access to other
8State investments with the assistance provided by the Office.
9The Illinois Housing Development Authority, Illinois Finance
10Authority, Department of Commerce and Economic Opportunity,
11Capital Development Board, and other relevant departments of
12the State shall cooperate to provide any needed information to
13complete the study and shall implement the recommendations of
14the study.
 
15
Article VIII. MISCELLANEOUS

 
16    Section 8.01. The Open Meetings Act is amended by changing
17Section 2 as follows:
 
18    (5 ILCS 120/2)  (from Ch. 102, par. 42)
19    Sec. 2. Open meetings.
20    (a) Openness required. All meetings of public bodies shall
21be open to the public unless excepted in subsection (c) and
22closed in accordance with Section 2a.
23    (b) Construction of exceptions. The exceptions contained

 

 

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

 

 

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1    deliberations concerning salary schedules for one or more
2    classes of employees.
3        (3) The selection of a person to fill a public office,
4    as defined in this Act, including a vacancy in a public
5    office, when the public body is given power to appoint
6    under law or ordinance, or the discipline, performance or
7    removal of the occupant of a public office, when the
8    public body is given power to remove the occupant under
9    law or ordinance.
10        (4) Evidence or testimony presented in open hearing,
11    or in closed hearing where specifically authorized by law,
12    to a quasi-adjudicative body, as defined in this Act,
13    provided that the body prepares and makes available for
14    public inspection a written decision setting forth its
15    determinative reasoning.
16        (4.5) Evidence or testimony presented to a school
17    board regarding denial of admission to school events or
18    property pursuant to Section 24-24 of the School Code,
19    provided that the school board prepares and makes
20    available for public inspection a written decision setting
21    forth its determinative reasoning.
22        (5) The purchase or lease of real property for the use
23    of the public body, including meetings held for the
24    purpose of discussing whether a particular parcel should
25    be acquired.
26        (6) The setting of a price for sale or lease of

 

 

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1    property owned by the public body.
2        (7) The sale or purchase of securities, investments,
3    or investment contracts. This exception shall not apply to
4    the investment of assets or income of funds deposited into
5    the Illinois Prepaid Tuition Trust Fund.
6        (8) Security procedures, school building safety and
7    security, and the use of personnel and equipment to
8    respond to an actual, a threatened, or a reasonably
9    potential danger to the safety of employees, students,
10    staff, the public, or public property.
11        (9) Student disciplinary cases.
12        (10) The placement of individual students in special
13    education programs and other matters relating to
14    individual students.
15        (11) Litigation, when an action against, affecting or
16    on behalf of the particular public body has been filed and
17    is pending before a court or administrative tribunal, or
18    when the public body finds that an action is probable or
19    imminent, in which case the basis for the finding shall be
20    recorded and entered into the minutes of the closed
21    meeting.
22        (12) The establishment of reserves or settlement of
23    claims as provided in the Local Governmental and
24    Governmental Employees Tort Immunity Act, if otherwise the
25    disposition of a claim or potential claim might be
26    prejudiced, or the review or discussion of claims, loss or

 

 

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1    risk management information, records, data, advice or
2    communications from or with respect to any insurer of the
3    public body or any intergovernmental risk management
4    association or self insurance pool of which the public
5    body is a member.
6        (13) Conciliation of complaints of discrimination in
7    the sale or rental of housing, when closed meetings are
8    authorized by the law or ordinance prescribing fair
9    housing practices and creating a commission or
10    administrative agency for their enforcement.
11        (14) Informant sources, the hiring or assignment of
12    undercover personnel or equipment, or ongoing, prior or
13    future criminal investigations, when discussed by a public
14    body with criminal investigatory responsibilities.
15        (15) Professional ethics or performance when
16    considered by an advisory body appointed to advise a
17    licensing or regulatory agency on matters germane to the
18    advisory body's field of competence.
19        (16) Self evaluation, practices and procedures or
20    professional ethics, when meeting with a representative of
21    a statewide association of which the public body is a
22    member.
23        (17) The recruitment, credentialing, discipline or
24    formal peer review of physicians or other health care
25    professionals, or for the discussion of matters protected
26    under the federal Patient Safety and Quality Improvement

 

 

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1    Act of 2005, and the regulations promulgated thereunder,
2    including 42 CFR C.F.R. Part 3 (73 FR 70732), or the
3    federal Health Insurance Portability and Accountability
4    Act of 1996, and the regulations promulgated thereunder,
5    including 45 CFR C.F.R. Parts 160, 162, and 164, by a
6    hospital, or other institution providing medical care,
7    that is operated by the public body.
8        (18) Deliberations for decisions of the Prisoner
9    Review Board.
10        (19) Review or discussion of applications received
11    under the Experimental Organ Transplantation Procedures
12    Act.
13        (20) The classification and discussion of matters
14    classified as confidential or continued confidential by
15    the State Government Suggestion Award Board.
16        (21) Discussion of minutes of meetings lawfully closed
17    under this Act, whether for purposes of approval by the
18    body of the minutes or semi-annual review of the minutes
19    as mandated by Section 2.06.
20        (22) Deliberations for decisions of the State
21    Emergency Medical Services Disciplinary Review Board.
22        (23) The operation by a municipality of a municipal
23    utility or the operation of a municipal power agency or
24    municipal natural gas agency when the discussion involves
25    (i) contracts relating to the purchase, sale, or delivery
26    of electricity or natural gas or (ii) the results or

 

 

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1    conclusions of load forecast studies.
2        (24) Meetings of a residential health care facility
3    resident sexual assault and death review team or the
4    Executive Council under the Abuse Prevention Review Team
5    Act.
6        (25) Meetings of an independent team of experts under
7    Brian's Law.
8        (26) Meetings of a mortality review team appointed
9    under the Department of Juvenile Justice Mortality Review
10    Team Act.
11        (27) (Blank).
12        (28) Correspondence and records (i) that may not be
13    disclosed under Section 11-9 of the Illinois Public Aid
14    Code or (ii) that pertain to appeals under Section 11-8 of
15    the Illinois Public Aid Code.
16        (29) Meetings between internal or external auditors
17    and governmental audit committees, finance committees, and
18    their equivalents, when the discussion involves internal
19    control weaknesses, identification of potential fraud risk
20    areas, known or suspected frauds, and fraud interviews
21    conducted in accordance with generally accepted auditing
22    standards of the United States of America.
23        (30) (Blank).
24        (31) Meetings and deliberations for decisions of the
25    Concealed Carry Licensing Review Board under the Firearm
26    Concealed Carry Act.

 

 

HB1833- 183 -LRB104 09303 RTM 19361 b

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

 

 

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

 

 

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1assist the body in the conduct of its business.
2    "Quasi-adjudicative body" means an administrative body
3charged by law or ordinance with the responsibility to conduct
4hearings, receive evidence or testimony and make
5determinations based thereon, but does not include local
6electoral boards when such bodies are considering petition
7challenges.
8    (e) Final action. No final action may be taken at a closed
9meeting. Final action shall be preceded by a public recital of
10the nature of the matter being considered and other
11information that will inform the public of the business being
12conducted.
13(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
14102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
157-28-23; 103-626, eff. 1-1-25.)
 
16    Section 8.02. The Freedom of Information Act is amended by
17changing Section 7.5 as follows:
 
18    (5 ILCS 140/7.5)
19    Sec. 7.5. Statutory exemptions. To the extent provided for
20by the statutes referenced below, the following shall be
21exempt from inspection and copying:
22        (a) All information determined to be confidential
23    under Section 4002 of the Technology Advancement and
24    Development Act.

 

 

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

 

 

HB1833- 187 -LRB104 09303 RTM 19361 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    the School Safety Drill Act.
2        (jjj) Information exempt from disclosure under Section
3    30 of the Insurance Data Security Law.
4        (kkk) Confidential business information prohibited
5    from disclosure under Section 45 of the Paint Stewardship
6    Act.
7        (lll) Data exempt from disclosure under Section
8    2-3.196 of the School Code.
9        (mmm) Information prohibited from being disclosed
10    under subsection (e) of Section 1-129 of the Illinois
11    Power Agency Act.
12        (nnn) Materials received by the Department of Commerce
13    and Economic Opportunity that are confidential under the
14    Music and Musicians Tax Credit and Jobs Act.
15        (ooo) (nnn) Data or information provided pursuant to
16    Section 20 of the Statewide Recycling Needs and Assessment
17    Act.
18        (ppp) (nnn) Information that is exempt from disclosure
19    under Section 28-11 of the Lawful Health Care Activity
20    Act.
21        (qqq) (nnn) Information that is exempt from disclosure
22    under Section 7-101 of the Illinois Human Rights Act.
23        (rrr) (mmm) Information prohibited from being
24    disclosed under Section 4-2 of the Uniform Money
25    Transmission Modernization Act.
26        (sss) (nnn) Information exempt from disclosure under

 

 

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1    Section 40 of the Student-Athlete Endorsement Rights Act.
2(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
3102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
48-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
5102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
66-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
7eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
8103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.
97-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,
10eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;
11103-1049, eff. 8-9-24; revised 11-26-24.)
 
12    Section 8.03. The Transportation Cooperation Act of 1971
13is amended by changing Section 2 as follows:
 
14    (5 ILCS 225/2)  (from Ch. 111 2/3, par. 602)
15    Sec. 2. For the purposes of this Act:
16    (a) "Railroad passenger service" means any railroad
17passenger service within the State of Illinois, including the
18equipment and facilities used in connection therewith, with
19the exception of the basic system operated by the National
20Railroad Passenger Corporation pursuant to Title II and
21Section 403(a) of the Federal Rail Passenger Service Act of
221970.
23    (b) "Federal Railroad Corporation" means the National
24Railroad Passenger Corporation established pursuant to an Act

 

 

HB1833- 196 -LRB104 09303 RTM 19361 b

1of Congress known as the "Rail Passenger Service Act of 1970."
2    (c) "Transportation system" means any and all modes of
3public transportation within the State, including, but not
4limited to, transportation of persons or property by rapid
5transit, rail, bus, and aircraft, and all equipment,
6facilities and property, real and personal, used in connection
7therewith.
8    (d) "Carrier" means any corporation, authority,
9partnership, association, person or district authorized to
10maintain a transportation system within the State with the
11exception of the Federal Railroad Corporation.
12    (e) "Units of local government" means cities, villages,
13incorporated towns, counties, municipalities, townships, and
14special districts, including any district created pursuant to
15the "Local Mass Transit District Act", approved July 21, 1959,
16as amended; the Metropolitan Mobility Authority; any Authority
17created pursuant to the "Metropolitan Transit Authority Act",
18approved April 12, 1945, as amended; and, any authority,
19commission, or other entity which by virtue of an interstate
20compact approved by Congress is authorized to provide mass
21transportation.
22    (f) "Universities" means all public institutions of higher
23education as defined in an "Act creating a Board of Higher
24Education, defining its powers and duties, making an
25appropriation therefor, and repealing an Act herein named",
26approved August 22, 1961, as amended, and all private

 

 

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1institutions of higher education as defined in the Illinois
2Finance Authority Act.
3    (g) "Department" means the Illinois Department of
4Transportation, or such other department designated by law to
5perform the duties and functions of the Illinois Department of
6Transportation prior to January 1, 1972.
7    (h) "Association" means any Transportation Service
8Association created pursuant to Section 4 of this Act.
9    (i) "Contracting Parties" means any units of local
10government or universities which have associated and joined
11together pursuant to Section 3 of this Act.
12    (j) "Governing authorities" means (1) the city council or
13similar legislative body of a city; (2) the board of trustees
14or similar body of a village or incorporated town; (3) the
15council of a municipality under the commission form of
16municipal government; (4) the board of trustees in a township;
17(5) the Board of Trustees of the University of Illinois, the
18Board of Trustees of Southern Illinois University, the Board
19of Trustees of Chicago State University, the Board of Trustees
20of Eastern Illinois University, the Board of Trustees of
21Governors State University, the Board of Trustees of Illinois
22State University, the Board of Trustees of Northeastern
23Illinois University, the Board of Trustees of Northern
24Illinois University, the Board of Trustees of Western Illinois
25University, and the Illinois Community College Board; (6) the
26county board of a county; and (7) the trustees, commissioners,

 

 

HB1833- 198 -LRB104 09303 RTM 19361 b

1board members, or directors of a university, special district,
2authority or similar agency.
3(Source: P.A. 93-205, eff. 1-1-04.)
 
4    Section 8.04. The Illinois Public Labor Relations Act is
5amended by changing Sections 5 and 15 as follows:
 
6    (5 ILCS 315/5)  (from Ch. 48, par. 1605)
7    Sec. 5. Illinois Labor Relations Board; State Panel; Local
8Panel.
9    (a) There is created the Illinois Labor Relations Board.
10The Board shall be comprised of 2 panels, to be known as the
11State Panel and the Local Panel.
12    (a-5) The State Panel shall have jurisdiction over
13collective bargaining matters between employee organizations
14and the State of Illinois, excluding the General Assembly of
15the State of Illinois, between employee organizations and
16units of local government and school districts with a
17population not in excess of 2 million persons, and between
18employee organizations and the Metropolitan Mobility Regional
19Transportation Authority.
20    The State Panel shall consist of 5 members appointed by
21the Governor, with the advice and consent of the Senate. The
22Governor shall appoint to the State Panel only persons who
23have had a minimum of 5 years of experience directly related to
24labor and employment relations in representing public

 

 

HB1833- 199 -LRB104 09303 RTM 19361 b

1employers, private employers, or labor organizations; or
2teaching labor or employment relations; or administering
3executive orders or regulations applicable to labor or
4employment relations. At the time of his or her appointment,
5each member of the State Panel shall be an Illinois resident.
6The Governor shall designate one member to serve as the
7Chairman of the State Panel and the Board.
8    Notwithstanding any other provision of this Section, the
9term of each member of the State Panel who was appointed by the
10Governor and is in office on June 30, 2003 shall terminate at
11the close of business on that date or when all of the successor
12members to be appointed pursuant to Public Act 93-509 this
13amendatory Act of the 93rd General Assembly have been
14appointed by the Governor, whichever occurs later. As soon as
15possible, the Governor shall appoint persons to fill the
16vacancies created by this amendatory Act.
17    The initial appointments under Public Act 93-509 this
18amendatory Act of the 93rd General Assembly shall be for terms
19as follows: The Chairman shall initially be appointed for a
20term ending on the 4th Monday in January, 2007; 2 members shall
21be initially appointed for terms ending on the 4th Monday in
22January, 2006; one member shall be initially appointed for a
23term ending on the 4th Monday in January, 2005; and one member
24shall be initially appointed for a term ending on the 4th
25Monday in January, 2004. Each subsequent member shall be
26appointed for a term of 4 years, commencing on the 4th Monday

 

 

HB1833- 200 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 201 -LRB104 09303 RTM 19361 b

1employment relations. Each member of the Local Panel shall be
2an Illinois resident at the time of his or her appointment. The
3member appointed by the Governor (or, if no such person is
4appointed, the Chairman of the State Panel) shall serve as the
5Chairman of the Local Panel.
6    Notwithstanding any other provision of this Section, the
7term of the member of the Local Panel who was appointed by the
8Governor and is in office on June 30, 2003 shall terminate at
9the close of business on that date or when his or her successor
10has been appointed by the Governor, whichever occurs later. As
11soon as possible, the Governor shall appoint a person to fill
12the vacancy created by this amendatory Act. The initial
13appointment under Public Act 93-509 this amendatory Act of the
1493rd General Assembly shall be for a term ending on the 4th
15Monday in January, 2007.
16    The initial appointments under Public Act 91-798 this
17amendatory Act of the 91st General Assembly shall be for terms
18as follows: The member appointed by the Governor shall
19initially be appointed for a term ending on the 4th Monday in
20January, 2001; the member appointed by the President of the
21Cook County Board shall be initially appointed for a term
22ending on the 4th Monday in January, 2003; and the member
23appointed by the Mayor of the City of Chicago shall be
24initially appointed for a term ending on the 4th Monday in
25January, 2004. Each subsequent member shall be appointed for a
26term of 4 years, commencing on the 4th Monday in January. Upon

 

 

HB1833- 202 -LRB104 09303 RTM 19361 b

1expiration of the term of office of any appointive member, the
2member shall continue to serve until a successor shall be
3appointed and qualified. In the case of a vacancy, a successor
4shall be appointed by the applicable appointive authority to
5serve for the unexpired portion of the term.
6    (c) Three members of the State Panel shall at all times
7constitute a quorum. Two members of the Local Panel shall at
8all times constitute a quorum. A vacancy on a panel does not
9impair the right of the remaining members to exercise all of
10the powers of that panel. Each panel shall adopt an official
11seal which shall be judicially noticed. The salary of the
12Chairman of the State Panel shall be $82,429 per year, or as
13set by the Compensation Review Board, whichever is greater,
14and that of the other members of the State and Local Panels
15shall be $74,188 per year, or as set by the Compensation Review
16Board, whichever is greater.
17    (d) Each member shall devote his or her entire time to the
18duties of the office, and shall hold no other office or
19position of profit, nor engage in any other business,
20employment, or vocation. No member shall hold any other public
21office or be employed as a labor or management representative
22by the State or any political subdivision of the State or of
23any department or agency thereof, or actively represent or act
24on behalf of an employer or an employee organization or an
25employer in labor relations matters. Any member of the State
26Panel may be removed from office by the Governor for

 

 

HB1833- 203 -LRB104 09303 RTM 19361 b

1inefficiency, neglect of duty, misconduct or malfeasance in
2office, and for no other cause, and only upon notice and
3hearing. Any member of the Local Panel may be removed from
4office by the applicable appointive authority for
5inefficiency, neglect of duty, misconduct or malfeasance in
6office, and for no other cause, and only upon notice and
7hearing.
8    (e) Each panel at the end of every State fiscal year shall
9make a report in writing to the Governor and the General
10Assembly, stating in detail the work it has done to carry out
11the policy of the Act in hearing and deciding cases and
12otherwise. Each panel's report shall include:
13        (1) the number of unfair labor practice charges filed
14    during the fiscal year;
15        (2) the number of unfair labor practice charges
16    resolved during the fiscal year;
17        (3) the total number of unfair labor charges pending
18    before the Board at the end of the fiscal year;
19        (4) the number of unfair labor charge cases at the end
20    of the fiscal year that have been pending before the Board
21    between 1 and 100 days, 101 and 150 days, 151 and 200 days,
22    201 and 250 days, 251 and 300 days, 301 and 350 days, 351
23    and 400 days, 401 and 450 days, 451 and 500 days, 501 and
24    550 days, 551 and 600 days, 601 and 650 days, 651 and 700
25    days, and over 701 days;
26        (5) the number of representation cases and unit

 

 

HB1833- 204 -LRB104 09303 RTM 19361 b

1    clarification cases filed during the fiscal year;
2        (6) the number of representation cases and unit
3    clarification cases resolved during the fiscal year;
4        (7) the total number of representation cases and unit
5    clarification cases pending before the Board at the end of
6    the fiscal year;
7        (8) the number of representation cases and unit
8    clarification cases at the end of the fiscal year that
9    have been pending before the Board between 1 and 120 days,
10    121 and 180 days, and over 180 days; and
11        (9) the Board's progress in meeting the timeliness
12    goals established pursuant to the criteria in subsection
13    (j) of Section 11 of this Act; the report shall include,
14    but is not limited to:
15            (A) the average number of days taken to complete
16        investigations and issue complaints, dismissals, or
17        deferrals;
18            (B) the average number of days taken for the Board
19        to issue decisions on appeals of dismissals or
20        deferrals;
21            (C) the average number of days taken to schedule a
22        hearing on complaints once issued;
23            (D) the average number of days taken to issue a
24        recommended decision and order once the record is
25        closed;
26            (E) the average number of days taken for the Board

 

 

HB1833- 205 -LRB104 09303 RTM 19361 b

1        to issue final decisions on recommended decisions when
2        where exceptions have been filed;
3            (F) the average number of days taken for the Board
4        to issue final decisions decision on recommended
5        decisions when no exceptions have been filed; and
6            (G) in cases where the Board was unable to meet the
7        timeliness goals established in subsection (j) of
8        Section 11, an explanation as to why the goal was not
9        met.
10    (f) In order to accomplish the objectives and carry out
11the duties prescribed by this Act, a panel or its authorized
12designees may hold elections to determine whether a labor
13organization has majority status; investigate and attempt to
14resolve or settle charges of unfair labor practices; hold
15hearings in order to carry out its functions; develop and
16effectuate appropriate impasse resolution procedures for
17purposes of resolving labor disputes; require the appearance
18of witnesses and the production of evidence on any matter
19under inquiry; and administer oaths and affirmations. The
20panels shall sign and report in full an opinion in every case
21which they decide.
22    (g) Each panel may appoint or employ an executive
23director, attorneys, hearing officers, mediators,
24fact-finders, arbitrators, and such other employees as it may
25deem necessary to perform its functions. The governing boards
26shall prescribe the duties and qualifications of such persons

 

 

HB1833- 206 -LRB104 09303 RTM 19361 b

1appointed and, subject to the annual appropriation, fix their
2compensation and provide for reimbursement of actual and
3necessary expenses incurred in the performance of their
4duties. The Board shall employ a minimum of 16 attorneys and 6
5investigators.
6    (h) Each panel shall exercise general supervision over all
7attorneys which it employs and over the other persons employed
8to provide necessary support services for such attorneys. The
9panels shall have final authority in respect to complaints
10brought pursuant to this Act.
11    (i) The following rules and regulations shall be adopted
12by the panels meeting in joint session: (1) procedural rules
13and regulations which shall govern all Board proceedings; (2)
14procedures for election of exclusive bargaining
15representatives pursuant to Section 9, except for the
16determination of appropriate bargaining units; and (3)
17appointment of counsel pursuant to subsection (k) of this
18Section.
19    (j) Rules and regulations may be adopted, amended or
20rescinded only upon a vote of 5 of the members of the State and
21Local Panels meeting in joint session. The adoption,
22amendment, or rescission of rules and regulations shall be in
23conformity with the requirements of the Illinois
24Administrative Procedure Act.
25    (k) The panels in joint session shall promulgate rules and
26regulations providing for the appointment of attorneys or

 

 

HB1833- 207 -LRB104 09303 RTM 19361 b

1other Board representatives to represent persons in unfair
2labor practice proceedings before a panel. The regulations
3governing appointment shall require the applicant to
4demonstrate an inability to pay for or inability to otherwise
5provide for adequate representation before a panel. Such rules
6must also provide: (1) that an attorney may not be appointed in
7cases which, in the opinion of a panel, are clearly without
8merit; (2) the stage of the unfair labor proceeding at which
9counsel will be appointed; and (3) the circumstances under
10which a client will be allowed to select counsel.
11    (1) The panels in joint session may promulgate rules and
12regulations which allow parties in proceedings before a panel
13to be represented by counsel or any other representative of
14the party's choice.
15    (m) The Chairman of the State Panel shall serve as
16Chairman of a joint session of the panels. Attendance of at
17least 2 members of the State Panel and at least one member of
18the Local Panel, in addition to the Chairman, shall constitute
19a quorum at a joint session. The panels shall meet in joint
20session at least annually.
21(Source: P.A. 103-856, eff. 1-1-25; revised 11-21-24.)
 
22    (5 ILCS 315/15)  (from Ch. 48, par. 1615)
23    (Text of Section WITHOUT the changes made by P.A. 98-599,
24which has been held unconstitutional)
25    Sec. 15. Act takes precedence Takes Precedence.

 

 

HB1833- 208 -LRB104 09303 RTM 19361 b

1    (a) In case of any conflict between the provisions of this
2Act and any other law (other than Section 5 of the State
3Employees Group Insurance Act of 1971 and other than the
4changes made to the Illinois Pension Code by Public Act 96-889
5this amendatory Act of the 96th General Assembly), executive
6order or administrative regulation relating to wages, hours
7and conditions of employment and employment relations, the
8provisions of this Act or any collective bargaining agreement
9negotiated thereunder shall prevail and control. Nothing in
10this Act shall be construed to replace or diminish the rights
11of employees established by Sections 4.14 through 4.18 of the
12Metropolitan Mobility Authority Act Sections 28 and 28a of the
13Metropolitan Transit Authority Act, Sections 2.15 through 2.19
14of the Regional Transportation Authority Act. The provisions
15of this Act are subject to Section 5 of the State Employees
16Group Insurance Act of 1971. Nothing in this Act shall be
17construed to replace the necessity of complaints against a
18sworn peace officer, as defined in Section 2(a) of the Uniform
19Peace Officers' Officer Disciplinary Act, from having a
20complaint supported by a sworn affidavit.
21    (b) Except as provided in subsection (a) above, any
22collective bargaining contract between a public employer and a
23labor organization executed pursuant to this Act shall
24supersede any contrary statutes, charters, ordinances, rules
25or regulations relating to wages, hours and conditions of
26employment and employment relations adopted by the public

 

 

HB1833- 209 -LRB104 09303 RTM 19361 b

1employer or its agents. Any collective bargaining agreement
2entered into prior to the effective date of this Act shall
3remain in full force during its duration.
4    (c) It is the public policy of this State, pursuant to
5paragraphs (h) and (i) of Section 6 of Article VII of the
6Illinois Constitution, that the provisions of this Act are the
7exclusive exercise by the State of powers and functions which
8might otherwise be exercised by home rule units. Such powers
9and functions may not be exercised concurrently, either
10directly or indirectly, by any unit of local government,
11including any home rule unit, except as otherwise authorized
12by this Act.
13(Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11;
14revised 7-23-24.)
 
15    Section 8.05. The State Employees Group Insurance Act of
161971 is amended by changing Section 2.5 as follows:
 
17    (5 ILCS 375/2.5)
18    Sec. 2.5. Application to Regional Transportation Authority
19Board and Metropolitan Mobility Authority Board members.
20Notwithstanding any other provision of this Act to the
21contrary, this Act does not apply to any member of the Regional
22Transportation Authority Board or the Metropolitan Mobility
23Authority Board who first becomes a member of either that
24Board on or after July 23, 2013 (the effective date of Public

 

 

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1Act 98-108) with respect to service of either that Board.
2(Source: P.A. 98-108, eff. 7-23-13; 98-756, eff. 7-16-14.)
 
3    Section 8.06. The State Officials and Employees Ethics Act
4is amended by changing Sections 1-5, 20-5, 20-10, 75-5, and
575-10 and by changing the heading of Article 75 as follows:
 
6    (5 ILCS 430/1-5)
7    Sec. 1-5. Definitions. As used in this Act:
8    "Appointee" means a person appointed to a position in or
9with a State agency, regardless of whether the position is
10compensated.
11    "Board members of Regional Development Authorities" means
12any person appointed to serve on the governing board of a
13Regional Development Authority.
14    "Board members of the Regional Transit Board Boards" means
15any person appointed to serve on the governing board of the
16Metropolitan Mobility Authority Board a Regional Transit
17Board.
18    "Campaign for elective office" means any activity in
19furtherance of an effort to influence the selection,
20nomination, election, or appointment of any individual to any
21federal, State, or local public office or office in a
22political organization, or the selection, nomination, or
23election of Presidential or Vice-Presidential electors, but
24does not include activities (i) relating to the support or

 

 

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

 

 

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1    "Contribution" has the same meaning as that term is
2defined in Section 9-1.4 of the Election Code.
3    "Employee" means (i) any person employed full-time,
4part-time, or pursuant to a contract and whose employment
5duties are subject to the direction and control of an employer
6with regard to the material details of how the work is to be
7performed or (ii) any appointed or elected commissioner,
8trustee, director, or board member of a board of a State
9agency, including any retirement system or investment board
10subject to the Illinois Pension Code or (iii) any other
11appointee.
12    "Employment benefits" include but are not limited to the
13following: modified compensation or benefit terms; compensated
14time off; or change of title, job duties, or location of office
15or employment. An employment benefit may also include
16favorable treatment in determining whether to bring any
17disciplinary or similar action or favorable treatment during
18the course of any disciplinary or similar action or other
19performance review.
20    "Executive branch constitutional officer" means the
21Governor, Lieutenant Governor, Attorney General, Secretary of
22State, Comptroller, and Treasurer.
23    "Gift" means any gratuity, discount, entertainment,
24hospitality, loan, forbearance, or other tangible or
25intangible item having monetary value including, but not
26limited to, cash, food and drink, and honoraria for speaking

 

 

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1engagements related to or attributable to government
2employment or the official position of an employee, member, or
3officer. The value of a gift may be further defined by rules
4adopted by the appropriate ethics commission or by the Auditor
5General for the Auditor General and for employees of the
6office of the Auditor General.
7    "Governmental entity" means a unit of local government
8(including a community college district) or a school district
9but not a State agency, a Regional Transit Board, or a Regional
10Development Authority.
11    "Leave of absence" means any period during which a State
12employee does not receive (i) compensation for State
13employment, (ii) service credit towards State pension
14benefits, and (iii) health insurance benefits paid for by the
15State.
16    "Legislative branch constitutional officer" means a member
17of the General Assembly and the Auditor General.
18    "Legislative leader" means the President and Minority
19Leader of the Senate and the Speaker and Minority Leader of the
20House of Representatives.
21    "Member" means a member of the General Assembly.
22    "Officer" means an executive branch constitutional officer
23or a legislative branch constitutional officer.
24    "Political" means any activity in support of or in
25connection with any campaign for elective office or any
26political organization, but does not include activities (i)

 

 

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

 

 

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1    office or on behalf of a political organization for
2    political purposes or for or against any referendum
3    question.
4        (5) Surveying or gathering information from potential
5    or actual voters in an election to determine probable vote
6    outcome in connection with a campaign for elective office
7    or on behalf of a political organization for political
8    purposes or for or against any referendum question.
9        (6) Assisting at the polls on election day on behalf
10    of any political organization or candidate for elective
11    office or for or against any referendum question.
12        (7) Soliciting votes on behalf of a candidate for
13    elective office or a political organization or for or
14    against any referendum question or helping in an effort to
15    get voters to the polls.
16        (8) Initiating for circulation, preparing,
17    circulating, reviewing, or filing any petition on behalf
18    of a candidate for elective office or for or against any
19    referendum question.
20        (9) Making contributions on behalf of any candidate
21    for elective office in that capacity or in connection with
22    a campaign for elective office.
23        (10) Preparing or reviewing responses to candidate
24    questionnaires in connection with a campaign for elective
25    office or on behalf of a political organization for
26    political purposes.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1services agencies. "State agency" includes the Office of the
2Auditor General. "State agency" does not include the judicial
3branch.
4    "State employee" means any employee of a State agency.
5    "Ultimate jurisdictional authority" means the following:
6        (1) For members, legislative partisan staff, and
7    legislative secretaries, the appropriate legislative
8    leader: President of the Senate, Minority Leader of the
9    Senate, Speaker of the House of Representatives, or
10    Minority Leader of the House of Representatives.
11        (2) For State employees who are professional staff or
12    employees of the Senate and not covered under item (1),
13    the Senate Operations Commission.
14        (3) For State employees who are professional staff or
15    employees of the House of Representatives and not covered
16    under item (1), the Speaker of the House of
17    Representatives.
18        (4) For State employees who are employees of the
19    legislative support services agencies, the Joint Committee
20    on Legislative Support Services.
21        (5) For State employees of the Auditor General, the
22    Auditor General.
23        (6) For State employees of public institutions of
24    higher learning as defined in Section 2 of the Higher
25    Education Cooperation Act (except community colleges), the
26    board of trustees of the appropriate public institution of

 

 

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1    higher learning.
2        (7) For State employees of an executive branch
3    constitutional officer other than those described in
4    paragraph (6), the appropriate executive branch
5    constitutional officer.
6        (8) For State employees not under the jurisdiction of
7    paragraph (1), (2), (3), (4), (5), (6), or (7), the
8    Governor.
9        (9) (Blank). For employees of Regional Transit Boards,
10    the appropriate Regional Transit Board.
11        (10) For board members of the Regional Transit Board
12    Boards, the Governor.
13        (11) For employees of Regional Development
14    Authorities, the appropriate Regional Development
15    Authority.
16        (12) For board members of Regional Development
17    Authorities, the Governor.
18(Source: P.A. 103-517, eff. 8-11-23.)
 
19    (5 ILCS 430/20-5)
20    Sec. 20-5. Executive Ethics Commission.
21    (a) The Executive Ethics Commission is created.
22    (b) The Executive Ethics Commission shall consist of 9
23commissioners. The Governor shall appoint 5 commissioners, and
24the Attorney General, Secretary of State, Comptroller, and
25Treasurer shall each appoint one commissioner. Appointments

 

 

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1shall be made by and with the advice and consent of the Senate
2by three-fifths of the elected members concurring by record
3vote. Any nomination not acted upon by the Senate within 60
4session days of the receipt thereof shall be deemed to have
5received the advice and consent of the Senate. If, during a
6recess of the Senate, there is a vacancy in an office of
7commissioner, the appointing authority shall make a temporary
8appointment until the next meeting of the Senate when the
9appointing authority shall make a nomination to fill that
10office. No person rejected for an office of commissioner
11shall, except by the Senate's request, be nominated again for
12that office at the same session of the Senate or be appointed
13to that office during a recess of that Senate. No more than 5
14commissioners may be of the same political party.
15    The terms of the initial commissioners shall commence upon
16qualification. Four initial appointees of the Governor, as
17designated by the Governor, shall serve terms running through
18June 30, 2007. One initial appointee of the Governor, as
19designated by the Governor, and the initial appointees of the
20Attorney General, Secretary of State, Comptroller, and
21Treasurer shall serve terms running through June 30, 2008. The
22initial appointments shall be made within 60 days after the
23effective date of this Act.
24    After the initial terms, commissioners shall serve for
254-year terms commencing on July 1 of the year of appointment
26and running through June 30 of the fourth following year.

 

 

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1Commissioners may be reappointed to one or more subsequent
2terms.
3    Vacancies occurring other than at the end of a term shall
4be filled by the appointing authority only for the balance of
5the term of the commissioner whose office is vacant.
6    Terms shall run regardless of whether the position is
7filled.
8    (c) The appointing authorities shall appoint commissioners
9who have experience holding governmental office or employment
10and shall appoint commissioners from the general public. A
11person is not eligible to serve as a commissioner if that
12person (i) has been convicted of a felony or a crime of
13dishonesty or moral turpitude, (ii) is, or was within the
14preceding 12 months, engaged in activities that require
15registration under the Lobbyist Registration Act, (iii) is
16related to the appointing authority, or (iv) is a State
17officer or employee.
18    (d) The Executive Ethics Commission shall have
19jurisdiction over all officers and employees of State agencies
20other than the General Assembly, the Senate, the House of
21Representatives, the President and Minority Leader of the
22Senate, the Speaker and Minority Leader of the House of
23Representatives, the Senate Operations Commission, the
24legislative support services agencies, and the Office of the
25Auditor General. The Executive Ethics Commission shall have
26jurisdiction over all board members and employees of the

 

 

HB1833- 224 -LRB104 09303 RTM 19361 b

1Regional Transit Board Boards and all board members and
2employees of Regional Development Authorities. The
3jurisdiction of the Commission is limited to matters arising
4under this Act, except as provided in subsection (d-5).
5    A member or legislative branch State employee serving on
6an executive branch board or commission remains subject to the
7jurisdiction of the Legislative Ethics Commission and is not
8subject to the jurisdiction of the Executive Ethics
9Commission.
10    (d-5) The Executive Ethics Commission shall have
11jurisdiction over all chief procurement officers and
12procurement compliance monitors and their respective staffs.
13The Executive Ethics Commission shall have jurisdiction over
14any matters arising under the Illinois Procurement Code if the
15Commission is given explicit authority in that Code.
16    (d-6) (1) The Executive Ethics Commission shall have
17jurisdiction over the Illinois Power Agency and its staff. The
18Director of the Agency shall be appointed by a majority of the
19commissioners of the Executive Ethics Commission, subject to
20Senate confirmation, for a term of 2 years. The Director is
21removable for cause by a majority of the Commission upon a
22finding of neglect, malfeasance, absence, or incompetence.
23    (2) In case of a vacancy in the office of Director of the
24Illinois Power Agency during a recess of the Senate, the
25Executive Ethics Commission may make a temporary appointment
26until the next meeting of the Senate, at which time the

 

 

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1Executive Ethics Commission shall nominate some person to fill
2the office, and any person so nominated who is confirmed by the
3Senate shall hold office during the remainder of the term and
4until his or her successor is appointed and qualified. Nothing
5in this subsection shall prohibit the Executive Ethics
6Commission from removing a temporary appointee or from
7appointing a temporary appointee as the Director of the
8Illinois Power Agency.
9    (3) Prior to June 1, 2012, the Executive Ethics Commission
10may, until the Director of the Illinois Power Agency is
11appointed and qualified or a temporary appointment is made
12pursuant to paragraph (2) of this subsection, designate some
13person as an acting Director to execute the powers and
14discharge the duties vested by law in that Director. An acting
15Director shall serve no later than 60 calendar days, or upon
16the making of an appointment pursuant to paragraph (1) or (2)
17of this subsection, whichever is earlier. Nothing in this
18subsection shall prohibit the Executive Ethics Commission from
19removing an acting Director or from appointing an acting
20Director as the Director of the Illinois Power Agency.
21    (4) No person rejected by the Senate for the office of
22Director of the Illinois Power Agency shall, except at the
23Senate's request, be nominated again for that office at the
24same session or be appointed to that office during a recess of
25that Senate.
26    (d-7) The Executive Ethics Commission shall have

 

 

HB1833- 226 -LRB104 09303 RTM 19361 b

1jurisdiction over complainants and respondents in violation of
2subsection (d) of Section 20-90.
3    (e) The Executive Ethics Commission must meet, either in
4person or by other technological means, at least monthly and
5as often as necessary. At the first meeting of the Executive
6Ethics Commission, the commissioners shall choose from their
7number a chairperson and other officers that they deem
8appropriate. The terms of officers shall be for 2 years
9commencing July 1 and running through June 30 of the second
10following year. Meetings shall be held at the call of the
11chairperson or any 3 commissioners. Official action by the
12Commission shall require the affirmative vote of 5
13commissioners, and a quorum shall consist of 5 commissioners.
14Commissioners shall receive compensation in an amount equal to
15the compensation of members of the State Board of Elections
16and may be reimbursed for their reasonable expenses actually
17incurred in the performance of their duties.
18    (f) No commissioner or employee of the Executive Ethics
19Commission may during his or her term of appointment or
20employment:
21        (1) become a candidate for any elective office;
22        (2) hold any other elected or appointed public office
23    except for appointments on governmental advisory boards or
24    study commissions or as otherwise expressly authorized by
25    law;
26        (3) be actively involved in the affairs of any

 

 

HB1833- 227 -LRB104 09303 RTM 19361 b

1    political party or political organization; or
2        (4) advocate for the appointment of another person to
3    an appointed or elected office or position or actively
4    participate in any campaign for any elective office.
5    (g) An appointing authority may remove a commissioner only
6for cause.
7    (h) The Executive Ethics Commission shall appoint an
8Executive Director. The compensation of the Executive Director
9shall be as determined by the Commission. The Executive
10Director of the Executive Ethics Commission may employ and
11determine the compensation of staff, as appropriations permit.
12    (i) The Executive Ethics Commission shall appoint, by a
13majority of the members appointed to the Commission, chief
14procurement officers and may appoint procurement compliance
15monitors in accordance with the provisions of the Illinois
16Procurement Code. The compensation of a chief procurement
17officer and procurement compliance monitor shall be determined
18by the Commission.
19(Source: P.A. 103-517, eff. 8-11-23.)
 
20    (5 ILCS 430/20-10)
21    Sec. 20-10. Offices of Executive Inspectors General.
22    (a) Five independent Offices of the Executive Inspector
23General are created, one each for the Governor, the Attorney
24General, the Secretary of State, the Comptroller, and the
25Treasurer. Each Office shall be under the direction and

 

 

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1supervision of an Executive Inspector General and shall be a
2fully independent office with separate appropriations.
3    (b) The Governor, Attorney General, Secretary of State,
4Comptroller, and Treasurer shall each appoint an Executive
5Inspector General, without regard to political affiliation and
6solely on the basis of integrity and demonstrated ability.
7Appointments shall be made by and with the advice and consent
8of the Senate by three-fifths of the elected members
9concurring by record vote. Any nomination not acted upon by
10the Senate within 60 session days of the receipt thereof shall
11be deemed to have received the advice and consent of the
12Senate. If, during a recess of the Senate, there is a vacancy
13in an office of Executive Inspector General, the appointing
14authority shall make a temporary appointment until the next
15meeting of the Senate when the appointing authority shall make
16a nomination to fill that office. No person rejected for an
17office of Executive Inspector General shall, except by the
18Senate's request, be nominated again for that office at the
19same session of the Senate or be appointed to that office
20during a recess of that Senate.
21    Nothing in this Article precludes the appointment by the
22Governor, Attorney General, Secretary of State, Comptroller,
23or Treasurer of any other inspector general required or
24permitted by law. The Governor, Attorney General, Secretary of
25State, Comptroller, and Treasurer each may appoint an existing
26inspector general as the Executive Inspector General required

 

 

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1by this Article, provided that such an inspector general is
2not prohibited by law, rule, jurisdiction, qualification, or
3interest from serving as the Executive Inspector General
4required by this Article. An appointing authority may not
5appoint a relative as an Executive Inspector General.
6    Each Executive Inspector General shall have the following
7qualifications:
8        (1) has not been convicted of any felony under the
9    laws of this State, another State, or the United States;
10        (2) has earned a baccalaureate degree from an
11    institution of higher education; and
12        (3) has 5 or more years of cumulative service (A) with
13    a federal, State, or local law enforcement agency, at
14    least 2 years of which have been in a progressive
15    investigatory capacity; (B) as a federal, State, or local
16    prosecutor; (C) as a senior manager or executive of a
17    federal, State, or local agency; (D) as a member, an
18    officer, or a State or federal judge; or (E) representing
19    any combination of items (A) through (D).
20    The term of each initial Executive Inspector General shall
21commence upon qualification and shall run through June 30,
222008. The initial appointments shall be made within 60 days
23after the effective date of this Act.
24    After the initial term, each Executive Inspector General
25shall serve for 5-year terms commencing on July 1 of the year
26of appointment and running through June 30 of the fifth

 

 

HB1833- 230 -LRB104 09303 RTM 19361 b

1following year. An Executive Inspector General may be
2reappointed to one or more subsequent terms.
3    A vacancy occurring other than at the end of a term shall
4be filled by the appointing authority only for the balance of
5the term of the Executive Inspector General whose office is
6vacant.
7    Terms shall run regardless of whether the position is
8filled.
9    (c) The Executive Inspector General appointed by the
10Attorney General shall have jurisdiction over the Attorney
11General and all officers and employees of, and vendors and
12others doing business with, State agencies within the
13jurisdiction of the Attorney General. The Executive Inspector
14General appointed by the Secretary of State shall have
15jurisdiction over the Secretary of State and all officers and
16employees of, and vendors and others doing business with,
17State agencies within the jurisdiction of the Secretary of
18State. The Executive Inspector General appointed by the
19Comptroller shall have jurisdiction over the Comptroller and
20all officers and employees of, and vendors and others doing
21business with, State agencies within the jurisdiction of the
22Comptroller. The Executive Inspector General appointed by the
23Treasurer shall have jurisdiction over the Treasurer and all
24officers and employees of, and vendors and others doing
25business with, State agencies within the jurisdiction of the
26Treasurer. The Executive Inspector General appointed by the

 

 

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1Governor shall have jurisdiction over (i) the Governor, (ii)
2the Lieutenant Governor, (iii) all officers and employees of,
3and vendors and others doing business with, executive branch
4State agencies under the jurisdiction of the Executive Ethics
5Commission and not within the jurisdiction of the Attorney
6General, the Secretary of State, the Comptroller, or the
7Treasurer, (iv) all board members and employees of the
8Regional Transit Board Boards and all vendors and others doing
9business with the Regional Transit Board Boards, and (v) all
10board members and employees of the Regional Development
11Authorities and all vendors and others doing business with the
12Regional Development Authorities.
13    The jurisdiction of each Executive Inspector General is to
14investigate allegations of fraud, waste, abuse, mismanagement,
15misconduct, nonfeasance, misfeasance, malfeasance, or
16violations of this Act or violations of other related laws and
17rules.
18    Each Executive Inspector General shall have jurisdiction
19over complainants in violation of subsection (e) of Section
2020-63 for disclosing a summary report prepared by the
21respective Executive Inspector General.
22    (d) The compensation for each Executive Inspector General
23shall be determined by the Executive Ethics Commission and
24shall be provided from appropriations made to the Comptroller
25for this purpose. For terms of office beginning on or after
26July 1, 2023, each Executive Inspector General shall receive,

 

 

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1on July 1 of each year, beginning on July 1, 2024, an increase
2in salary based on a cost of living adjustment as authorized by
3Senate Joint Resolution 192 of the 86th General Assembly.
4Subject to Section 20-45 of this Act, each Executive Inspector
5General has full authority to organize his or her Office of the
6Executive Inspector General, including the employment and
7determination of the compensation of staff, such as deputies,
8assistants, and other employees, as appropriations permit. A
9separate appropriation shall be made for each Office of
10Executive Inspector General.
11    (e) No Executive Inspector General or employee of the
12Office of the Executive Inspector General may, during his or
13her term of appointment or employment:
14        (1) become a candidate for any elective office;
15        (2) hold any other elected or appointed public office
16    except for appointments on governmental advisory boards or
17    study commissions or as otherwise expressly authorized by
18    law;
19        (3) be actively involved in the affairs of any
20    political party or political organization; or
21        (4) advocate for the appointment of another person to
22    an appointed or elected office or position or actively
23    participate in any campaign for any elective office.
24    In this subsection an appointed public office means a
25position authorized by law that is filled by an appointing
26authority as provided by law and does not include employment

 

 

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1by hiring in the ordinary course of business.
2    (e-1) No Executive Inspector General or employee of the
3Office of the Executive Inspector General may, for one year
4after the termination of his or her appointment or employment:
5        (1) become a candidate for any elective office;
6        (2) hold any elected public office; or
7        (3) hold any appointed State, county, or local
8    judicial office.
9    (e-2) The requirements of item (3) of subsection (e-1) may
10be waived by the Executive Ethics Commission.
11    (f) An Executive Inspector General may be removed only for
12cause and may be removed only by the appointing constitutional
13officer. At the time of the removal, the appointing
14constitutional officer must report to the Executive Ethics
15Commission the justification for the removal.
16(Source: P.A. 102-558, eff. 8-20-21; 102-1115, eff. 1-9-23;
17103-517, eff. 8-11-23.)
 
18    (5 ILCS 430/Art. 75 heading)
19
ARTICLE 75. REGIONAL TRANSIT BOARD BOARDS
20
AND REGIONAL DEVELOPMENT AUTHORITIES
21(Source: P.A. 103-517, eff. 8-11-23.)
 
22    (5 ILCS 430/75-5)
23    Sec. 75-5. Application of the State Officials and
24Employees Ethics Act to the Regional Transit Board Boards and

 

 

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

 

 

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1    (5 ILCS 430/75-10)
2    Sec. 75-10. Coordination between Executive Inspector
3General and Inspectors General appointed by Regional Transit
4Board Boards.
5    (a) Nothing in this amendatory Act of the 96th General
6Assembly precludes the a Regional Transit Board from
7appointing or employing an Inspector General to serve under
8the jurisdiction of the a Regional Transit Board to receive
9complaints and conduct investigations in accordance with an
10ordinance or resolution adopted by that respective Board,
11provided he or she is approved by the Executive Ethics
12Commission. The A Regional Transit Board shall notify the
13Executive Ethics Commission within 10 days after employing or
14appointing a person to serve as Inspector General, and the
15Executive Ethics Commission shall approve or reject the
16appointment or employment of the Inspector General. Any
17notification not acted upon by the Executive Ethics Commission
18within 60 days after its receipt shall be deemed to have
19received the approval of the Executive Ethics Commission.
20Within 30 days after the effective date of this amendatory Act
21of the 96th General Assembly, a Regional Transit Board shall
22notify the Executive Ethics Commission of any person serving
23on the effective date of this amendatory Act as an Inspector
24General for the Regional Transit Board, and the Executive
25Ethics Commission shall approve or reject the appointment or
26employment within 30 days after receipt of the notification,

 

 

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

 

 

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

 

 

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1    Executive Inspector General.
2    An Inspector General appointed or employed by the a
3Regional Transit Board and the Executive Inspector General
4shall cooperate and share resources or information as
5necessary to implement the provisions of this Article.
6    (d) Reports filed under this Section are exempt from the
7Freedom of Information Act and shall be deemed confidential.
8Investigatory files and reports prepared by the Office of the
9Executive Inspector General and the Office of an Inspector
10General appointed or employed by the a Regional Transit Board
11may be disclosed between the Offices as necessary to implement
12the provisions of this Article.
13(Source: P.A. 96-1528, eff. 7-1-11.)
 
14    Section 8.07. The Illinois Act on the Aging is amended by
15changing Section 4.15 as follows:
 
16    (20 ILCS 105/4.15)
17    Sec. 4.15. Eligibility determinations.
18    (a) The Department is authorized to make eligibility
19determinations for benefits administered by other governmental
20bodies based on the Senior Citizens and Persons with
21Disabilities Property Tax Relief Act as follows:
22        (i) for the Secretary of State with respect to reduced
23    fees paid by qualified vehicle owners under the Illinois
24    Vehicle Code;

 

 

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1        (ii) for special districts that offer free fixed-route
2    fixed route public transportation services for qualified
3    older adults under the Local Mass Transit District Act,
4    the Metropolitan Transit Authority Act, and the
5    Metropolitan Mobility Regional Transportation Authority
6    Act; and
7        (iii) for special districts that offer transit
8    services for qualified individuals with disabilities under
9    the Local Mass Transit District Act, the Metropolitan
10    Transit Authority Act, and the Metropolitan Mobility
11    Regional Transportation Authority Act.
12    (b) The Department shall establish the manner by which
13claimants shall apply for these benefits. The Department is
14authorized to promulgate rules regarding the following
15matters: the application cycle; the application process; the
16content for an electronic application; required personal
17identification information; acceptable proof of eligibility as
18to age, disability status, marital status, residency, and
19household income limits; household composition; calculating
20income; use of social security numbers; duration of
21eligibility determinations; and any other matters necessary
22for such administrative operations.
23    (c) All information received by the Department from an
24application or from any investigation to determine eligibility
25for benefits shall be confidential, except for official
26purposes.

 

 

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1    (d) A person may not under any circumstances charge a fee
2to a claimant for assistance in completing an application form
3for these benefits.
4(Source: P.A. 98-887, eff. 8-15-14; 99-143, eff. 7-27-15.)
 
5    Section 8.08. The Department of Public Health Powers and
6Duties Law of the Civil Administrative Code of Illinois is
7amended by changing Section 2310-55.5 as follows:
 
8    (20 ILCS 2310/2310-55.5)
9    Sec. 2310-55.5. Free and reduced fare services. The
10Metropolitan Mobility Regional Transportation Authority shall
11monthly provide the Department with a list of riders that
12receive free or reduced fares under the Metropolitan Mobility
13Regional Transportation Authority Act. The list shall include
14an individual's name, address, and date of birth. The
15Department shall, within 2 weeks after receipt of the list,
16report back to the Metropolitan Mobility Regional
17Transportation Authority any discrepancies that indicate that
18a rider receiving free or reduced fare services is deceased.
19(Source: P.A. 97-781, eff. 1-1-13.)
 
20    (20 ILCS 2605/2605-340 rep.)
21    Section 8.09. The Illinois State Police Law of the Civil
22Administrative Code of Illinois is amended by repealing
23Section 2605-340.
 

 

 

HB1833- 241 -LRB104 09303 RTM 19361 b

1    Section 8.10. The Department of Transportation Law of the
2Civil Administrative Code of Illinois is amended by changing
3Sections 2705-203, 2705-300, 2705-305, 2705-310, 2705-315, and
42705-440 and by adding Section 2705-594 as follows:
 
5    (20 ILCS 2705/2705-203)
6    Sec. 2705-203. Transportation asset management plan and
7performance-based programming.
8    (a) The General Assembly declares it to be in the public
9interest that a project prioritization process be developed
10and implemented to: improve the efficiency and effectiveness
11of the State's transportation system and transportation
12safety; enhance movement and multi-modal connections of people
13and goods; mitigate environmental impacts; and promote
14inclusive economic growth throughout the State.
15    (b) In accordance with Section 2705-200, the Department of
16Transportation shall develop and publish a statewide
17multi-modal transportation improvement program for all
18transportation facilities under its jurisdiction. The
19development of the program shall use the following methods:
20        (1) use transportation system information to make
21    investment and policy decisions to achieve statewide and
22    regional performance goals established in the State's
23    long-range transportation plan;
24        (2) ensure transportation investment decisions emerge

 

 

HB1833- 242 -LRB104 09303 RTM 19361 b

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

 

 

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

 

 

HB1833- 244 -LRB104 09303 RTM 19361 b

1stakeholders in its development of the prioritization process
2pursuant to this subsection.
3    The selection process shall include a defined public
4process by which candidate projects are evaluated and
5selected. The process shall include both a quantitative
6analysis of the evaluation factors and qualitative review by
7the Department. The Department may apply different weights to
8the performance measures based on regional geography or
9project type. Projects selected as part of the process will be
10considered for inclusion in the State's multi-year
11transportation program and the annual element of the
12multi-year program. Starting April 1, 2022, no new capacity
13project shall be included in the multi-year transportation
14plan or annual element without being evaluated under the
15selection process described in this Section. Existing projects
16in the multi-year highway improvement program may be included
17regardless of the outcome of using the performance-based
18project selection tool. The policies that guide the
19performance-based project selection process shall be derived
20from State and regional long-range transportation plans. The
21Department shall certify that it is making progress toward the
22goals included in the State's long-range transportation plan.
23All plan and program development based on the project
24selection process described in this subsection shall include
25consideration of regional balance. The selection process shall
26be based on an objective and quantifiable analysis that

 

 

HB1833- 245 -LRB104 09303 RTM 19361 b

1considers, at a minimum, the goals identified in the
2long-range transportation plan and shall:
3        (1) consider emissions and increase infrastructure
4    resilience due to climate change; and
5        (2) reduce disparities in transportation system
6    performance experienced by racially marginalized
7    communities, low-income to moderate-income consumers, and
8    other disadvantaged groups and populations identified
9    under the Environmental Justice Act.
10    (f) The prioritization process developed under subsection
11(e) may apply only to State jurisdiction projects and not to:
12        (1) projects funded by the Congestion Mitigation and
13    Air Quality Improvement funds apportioned to the State
14    pursuant to 23 U.S.C. 104(b)(4) and State matching funds;
15        (2) projects funded by the Highway Safety Improvement
16    Program funds apportioned to the State pursuant to 23
17    U.S.C. 104(b)(3) and State matching funds;
18        (3) projects funded by the Transportation Alternatives
19    funds set-aside pursuant to 23 U.S.C. 133(h) and State
20    matching funds;
21        (4) projects funded by the National Highway Freight
22    Program pursuant to 23 U.S.C. 167 and State matching
23    funds;
24        (5) funds to be allocated to urban areas based on
25    population under federal law; and
26        (6) any new federal program that requires competitive

 

 

HB1833- 246 -LRB104 09303 RTM 19361 b

1    selection, distribution to local public agencies, or
2    specific eligibility.
3    (g) A summary of the project evaluation process, measures,
4program, and scores for all candidate projects shall be
5published on the Department website in a timely manner.
6(Source: P.A. 102-573, eff. 8-24-21.)
 
7    (20 ILCS 2705/2705-300)  (was 20 ILCS 2705/49.18)
8    Sec. 2705-300. Powers concerning mass transportation. The
9Department has the power to do the following:
10        (1) Advise and assist the Governor and the General
11    Assembly in formulating (i) a mass transportation policy
12    for the State, (ii) proposals designed to help meet and
13    resolve special problems of mass transportation within the
14    State, and (iii) programs of assistance for the
15    comprehensive planning, development, and administration of
16    mass transportation facilities and services.
17        (2) Appear and participate in proceedings before any
18    federal, State, or local regulatory agency involving or
19    affecting mass transportation in the State.
20        (3) Study mass transportation problems and provide
21    technical assistance to units of local government.
22        (4) Encourage experimentation in developing new mass
23    transportation facilities and services.
24        (5) Recommend policies, programs, and actions designed
25    to improve utilization of mass transportation services.

 

 

HB1833- 247 -LRB104 09303 RTM 19361 b

1        (6) Cooperate with mass transit districts and systems,
2    local governments, and other State agencies in meeting
3    those problems of air, noise, and water pollution
4    associated with transportation.
5        (7) Participate fully in a statewide effort to improve
6    transport safety, including, as the designated State
7    agency responsible for overseeing the safety and security
8    of rail fixed guideway public transportation systems in
9    compliance with 49 U.S.C. 5329 and 49 U.S.C. 5330:
10            (A) developing, adopting, and implementing a
11        system safety program standard and procedures meeting
12        the compliance requirements of 49 U.S.C. 5329 and 49
13        U.S.C. 5330, as now or hereafter amended, for the
14        safety and security of rail fixed guideway public
15        transportation systems within the State; and
16            (B) establishing procedures in accordance with 49
17        U.S.C. 5329 and 49 U.S.C. 5330 to review, approve,
18        oversee, investigate, audit, and enforce all other
19        necessary and incidental functions related to the
20        effectuation of 49 U.S.C. 5329 and 49 U.S.C. 5330, or
21        other federal law, pertaining to public transportation
22        oversight. The Department may contract for the
23        services of a qualified consultant to comply with this
24        subsection.
25        The security portion of the system safety program,
26    investigation reports, surveys, schedules, lists, or data

 

 

HB1833- 248 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 249 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 250 -LRB104 09303 RTM 19361 b

1parking lots.
2    "Mass transportation" means transportation provided within
3the State of Illinois by rail, bus, or other conveyance and
4available to the general public on a regular and continuing
5basis, including the transportation of persons with
6disabilities or elderly persons as provided more specifically
7in Section 2705-310.
8    "Unit of local government" means any city, village,
9incorporated town, or county.
10    (b) Grants may be made to units of local government,
11districts, and carriers for the acquisition, construction,
12extension, reconstruction, and improvement of mass
13transportation facilities. Grants shall be made upon the terms
14and conditions that in the judgment of the Secretary are
15necessary to ensure their proper and effective utilization.
16    (c) The Department shall make grants under this Law in a
17manner designed, so far as is consistent with the maintenance
18and development of a sound mass transportation system within
19the State, to: (i) maximize federal funds for the assistance
20of mass transportation in Illinois under the Federal Transit
21Act and other federal Acts; (ii) facilitate the movement of
22persons who because of age, economic circumstance, or physical
23infirmity are unable to drive; (iii) contribute to an improved
24environment through the reduction of air, water, and noise
25pollution; and (iv) reduce traffic congestion.
26    (d) The Secretary shall establish procedures for making

 

 

HB1833- 251 -LRB104 09303 RTM 19361 b

1application for mass transportation grants. The procedures
2shall provide for public notice of all applications and give
3reasonable opportunity for the submission of comments and
4objections by interested parties. The procedures shall be
5designed with a view to facilitating simultaneous application
6for a grant to the Department and to the federal government.
7    (e) Grants may be made for mass transportation projects as
8follows:
9        (1) In an amount not to exceed 100% of the nonfederal
10    share of projects for which a federal grant is made.
11        (2) In an amount not to exceed 100% of the net project
12    cost for projects for which a federal grant is not made.
13        (3) In an amount not to exceed five-sixths of the net
14    project cost for projects essential for the maintenance of
15    a sound transportation system and eligible for federal
16    assistance for which a federal grant application has been
17    made but a federal grant has been delayed. If and when a
18    federal grant is made, the amount in excess of the
19    nonfederal share shall be promptly returned to the
20    Department.
21    In no event shall the Department make a grant that,
22together with any federal funds or funds from any other
23source, is in excess of 100% of the net project cost.
24    (f) Regardless of whether any funds are available under a
25federal grant, the Department shall not make a mass
26transportation grant unless the Secretary finds that the

 

 

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1recipient has entered into an agreement with the Department in
2which the recipient agrees not to engage in school bus
3operations exclusively for the transportation of students and
4school personnel in competition with private school bus
5operators where those private school bus operators are able to
6provide adequate transportation, at reasonable rates, in
7conformance with applicable safety standards, provided that
8this requirement shall not apply to a recipient that operates
9a school system in the area to be served and operates a
10separate and exclusive school bus program for the school
11system.
12    (g) Grants may be made for mass transportation purposes
13with funds appropriated from the Build Illinois Bond Fund
14consistent with the specific purposes for which those funds
15are appropriated by the General Assembly. Grants under this
16subsection (g) are not subject to any limitations or
17conditions imposed upon grants by any other provision of this
18Section, except that the Secretary may impose the terms and
19conditions that in his or her judgment are necessary to ensure
20the proper and effective utilization of the grants under this
21subsection.
22    (h) The Department may let contracts for mass
23transportation purposes and facilities for the purpose of
24reducing urban congestion funded in whole or in part with
25bonds described in subdivision (b)(1) of Section 4 of the
26General Obligation Bond Act, not to exceed $75,000,000 in

 

 

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1bonds.
2    (i) The Department may make grants to carriers, districts,
3and units of local government for the purpose of reimbursing
4them for providing reduced fares for mass transportation
5services for students, persons with disabilities, and the
6elderly. Grants shall be made upon the terms and conditions
7that in the judgment of the Secretary are necessary to ensure
8their proper and effective utilization.
9    (j) The Department may make grants to carriers, districts,
10and units of local government for costs of providing ADA
11paratransit service.
12(Source: P.A. 99-143, eff. 7-27-15.)
 
13    (20 ILCS 2705/2705-310)
14    Sec. 2705-310. Grants for transportation for persons with
15disabilities.
16    (a) For the purposes of this Section, the following
17definitions apply:
18     "Carrier" means a district or a not for profit
19corporation providing mass transportation for persons with
20disabilities on a regular and continuing basis.
21     "Person with a disability" means any individual who, by
22reason of illness, injury, age, congenital malfunction, or
23other permanent or temporary incapacity or disability, is
24unable without special mass transportation facilities or
25special planning or design to utilize ordinary mass

 

 

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1transportation facilities and services as effectively as
2persons who are not so affected.
3    "Unit of local government", "district", and "facilities"
4have the meanings ascribed to them in Section 2705-305.
5    (b) The Department may make grants from the Transportation
6Fund and the General Revenue Fund (i) to units of local
7government, districts, and carriers for vehicles, equipment,
8and the acquisition, construction, extension, reconstruction,
9and improvement of mass transportation facilities for persons
10with disabilities and (ii) during State fiscal years 1986 and
111987, to the Regional Transportation Authority (now the
12Metropolitan Mobility Authority) for operating assistance for
13mass transportation for mobility limited persons, including
14paratransit services for the mobility limited. The grants
15shall be made upon the terms and conditions that in the
16judgment of the Secretary are necessary to ensure their proper
17and effective utilization. The procedures, limitations, and
18safeguards provided in Section 2705-305 to govern grants for
19mass transportation shall apply to grants made under this
20Section.
21    For the efficient administration of grants, the
22Department, on behalf of grant recipients under this Section
23and on behalf of recipients receiving funds under Sections
245309 and 5311 of the Federal Transit Act and State funds, may
25administer and consolidate procurements and may enter into
26contracts with manufacturers of vehicles and equipment.

 

 

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1    (c) The Department may make operating assistance grants
2from the Transportation Fund to those carriers that, during
3federal fiscal year 1986, directly received operating
4assistance pursuant to Section 5307 or Section 5311 of the
5Federal Transit Act, or under contracts with a unit of local
6government or mass transit district that received operating
7expenses under Section 5307 or Section 5311 of the Federal
8Transit Act, to provide public paratransit services to the
9general mobility limited population. The Secretary shall take
10into consideration the reduction in federal operating expense
11grants to carriers when considering the grant applications.
12The procedures, limitations, and safeguards provided in
13Section 2705-305 to govern grants for mass transportation
14shall apply to grants made under this Section.
15(Source: P.A. 99-143, eff. 7-27-15.)
 
16    (20 ILCS 2705/2705-315)  (was 20 ILCS 2705/49.19b)
17    Sec. 2705-315. Grants for passenger security. The
18Department may make grants from the Transportation Fund and
19the General Revenue Fund to the Metropolitan Mobility Regional
20Transportation Authority created under the Metropolitan
21Mobility Regional Transportation Authority Act to be used to
22provide protection against crime for the consumers of public
23transportation, and for the employees and facilities of public
24transportation providers, in the metropolitan region. The
25grants may be used (1) to provide that protection directly, or

 

 

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1(2) to contract with any municipality or county in the
2metropolitan region to provide that protection, or (3) except
3for the Chicago Transit Authority created under the
4Metropolitan Transit Authority Act, to contract with a private
5security agency to provide that protection.
6    The grants shall be made upon the terms and conditions
7that in the judgment of the Secretary are necessary to ensure
8their proper and effective utilization. The procedures
9provided in Section 2705-305 to govern grants for mass
10transportation shall apply to grants made under this Section.
11(Source: P.A. 91-239, eff. 1-1-00.)
 
12    (20 ILCS 2705/2705-440)  (was 20 ILCS 2705/49.25h)
13    Sec. 2705-440. Intercity Rail Service.
14    (a) For the purposes of providing intercity railroad
15passenger service within this State and throughout the United
16States, the Department is authorized to enter into agreements
17with any state, state agency, unit units of local government
18or political subdivision subdivisions, Metropolitan Mobility
19Authority the Commuter Rail Division of the Regional
20Transportation Authority (or a public corporation on behalf of
21that Division), architecture or engineering firm firms, the
22National Railroad Passenger Corporation, any carrier, or any
23individual, corporation, partnership, or public or private
24entity. The cost related to such services shall be borne in
25such proportion as, by agreement or contract the parties may

 

 

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1desire.
2    (b) In providing any intercity railroad passenger service
3as provided in this Section, the Department shall have the
4following additional powers:
5        (1) to enter into trackage use agreements with rail
6    carriers;
7        (1.5) to freely lease or otherwise contract for any
8    purpose any of the locomotives, passenger railcars, and
9    other rolling stock equipment or accessions to any state
10    or state agency, public or private entity, or quasi-public
11    entities;
12        (2) to enter into haulage agreements with rail
13    carriers;
14        (3) to lease or otherwise contract for use,
15    maintenance, servicing, and repair of any needed
16    locomotives, rolling stock, stations, or other facilities,
17    the lease or contract having a term not to exceed 50 years
18    (but any multi-year contract shall recite that the
19    contract is subject to termination and cancellation,
20    without any penalty, acceleration payment, or other
21    recoupment mechanism, in any fiscal year for which the
22    General Assembly fails to make an adequate appropriation
23    to cover the contract obligation);
24        (4) to enter into management agreements;
25        (5) to include in any contract indemnification of
26    carriers or other parties for any liability with regard to

 

 

HB1833- 258 -LRB104 09303 RTM 19361 b

1    intercity railroad passenger service;
2        (6) to obtain insurance for any losses or claims with
3    respect to the service;
4        (7) to promote the use of the service;
5        (8) to make grants to any body politic and corporate,
6    any unit of local government, or the Metropolitan Mobility
7    Authority Commuter Rail Division of the Regional
8    Transportation Authority to cover all or any part of any
9    capital or operating costs of the service and to enter
10    into agreements with respect to those grants;
11        (9) to set any fares or make other regulations with
12    respect to the service, consistent with any contracts for
13    the service; and
14        (10) to otherwise enter into any contracts necessary
15    or convenient to provide rail services, operate or
16    maintain locomotives, passenger railcars, and other
17    rolling stock equipment or accessions, including the lease
18    or use of such locomotives, railcars, equipment, or
19    accessions.
20    (c) All service provided under this Section shall be
21exempt from all regulations by the Illinois Commerce
22Commission (other than for safety matters). To the extent the
23service is provided by Metropolitan Mobility Authority the
24Commuter Rail Division of the Regional Transportation
25Authority (or a public corporation on behalf of that Authority
26Division), it shall be exempt from safety regulations of the

 

 

HB1833- 259 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 260 -LRB104 09303 RTM 19361 b

1commuter rail services with cost allocations as provided in
2this paragraph.
3    (f) Whenever the Department enters into an agreement with
4any carrier for the Department's payment of such railroad
5required maintenance expenses necessary for intercity
6passenger service, the Department may deposit such required
7maintenance funds into an escrow account. Whenever the
8Department enters into an agreement with any State or State
9agency, any public or private entity or quasi-public entity
10for the lease, rental or use of locomotives, passenger
11railcars, and other rolling stock equipment or accessions, the
12Department may deposit such receipts into a separate escrow
13account. For purposes of this subsection, "escrow account" an
14escrow account means any fiduciary account established with
15(i) any banking corporation which is both organized under the
16Illinois Banking Act and authorized to accept and administer
17trusts in this State, or (ii) any national banking association
18which has its principal place of business in this State and
19which also is authorized to accept and administer trusts in
20this State. The funds in any required maintenance escrow
21account may be withdrawn by the carrier or entity in control of
22the railroad being maintained, only with the consent of the
23Department, pursuant to a written maintenance agreement and
24pursuant to a maintenance plan that shall be updated each
25year. The funds in an escrow account holding lease payments,
26use fees, or rental payments may be withdrawn by the

 

 

HB1833- 261 -LRB104 09303 RTM 19361 b

1Department, only with the consent of the Midwest Fleet Pool
2Board and deposited into the High-Speed Rail Rolling Stock
3Fund. The moneys deposited in the escrow accounts shall be
4invested and reinvested, pursuant to the direction of the
5Department, in bonds and other interest bearing obligations of
6this State, or in such accounts, certificates, bills,
7obligations, shares, pools, or other securities as are
8authorized for the investment of public funds under the Public
9Funds Investment Act. Escrow accounts created under this
10subsection shall not have terms that exceed 20 years. At the
11end of the term of an escrow account holding lease payments,
12use fees, or rental payments, the remaining balance shall be
13deposited in the High-Speed Rail Rolling Stock Fund, a special
14fund that is created in the State treasury Treasury. Moneys in
15the High-Speed Rail Rolling Stock Fund may be used for any
16purpose related to locomotives, passenger railcars, and other
17rolling stock equipment. The Department shall prepare a report
18for presentation to the Comptroller and the Treasurer each
19year that shows the amounts deposited and withdrawn, the
20purposes for withdrawal, the balance, and the amounts derived
21from investment.
22    (g) Whenever the Department enters into an agreement with
23any carrier, State or State agency, any public or private
24entity, or quasi-public entity for costs related to
25procurement and maintenance of locomotives, passenger
26railcars, and other rolling stock equipment or accessions, the

 

 

HB1833- 262 -LRB104 09303 RTM 19361 b

1Department shall deposit such receipts into the High-Speed
2Rail Rolling Stock Fund. Additionally, the Department may make
3payments into the High-Speed Rail Rolling Stock Fund for the
4State's share of the costs related to locomotives, passenger
5railcars, and other rolling stock equipment.
6(Source: P.A. 103-707, eff. 1-1-25; revised 11-22-24.)
 
7    (20 ILCS 2705/2705-594 new)
8    Sec. 2705-594. Office of Public Transportation Support.
9    (a) As used in this Section, "metropolitan region" has the
10meaning given to that term in the Metropolitan Mobility
11Authority Act.
12    (b) The Department shall establish, staff, and support an
13Office of Public Transportation Support within District 1. The
14Office's purpose is to optimize the operation of public
15transportation vehicles and the delivery of public
16transportation services on highways, as defined by Section
172-202 of the Illinois Highway Code, under the Department's
18jurisdiction in the metropolitan region.
19    (c) The Office of Public Transportation Support shall have
20the following duties:
21        (1) reviewing Department plans for the construction,
22    rehabilitation, and repair of roadways under the
23    Department's jurisdiction to identify opportunities for
24    enhancements that will improve public transportation
25    operations and safety on such highways, and making

 

 

HB1833- 263 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 264 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 265 -LRB104 09303 RTM 19361 b

1metropolitan region where public transportation is being
2provided or is planned by the Metropolitan Mobility Authority.
3    (g) The Department shall not advance a project subject to
4the process set forth in subsections (d) through (f) to
5construction until it has received the Metropolitan Mobility
6Authority's concurrence.
7    (h) The Chicago Metropolitan Agency for Planning shall
8make appropriate changes to its travel demand model, project
9scoring and prioritization processes, long-range plan, and
10transportation improvement program to reflect the requirements
11of subsections (d) through (g).
 
12    Section 8.11. The Illinois Finance Authority Act is
13amended by changing Section 820-50 as follows:
 
14    (20 ILCS 3501/820-50)
15    Sec. 820-50. Pledge of Funds by Units of Local Government.
16    (a) Pledge of Funds. Any unit of local government which
17receives funds from the Department of Revenue, including
18without limitation funds received pursuant to Sections 8-11-1,
198-11-1.4, 8-11-5 or 8-11-6 of the Illinois Municipal Code, the
20Home Rule County Retailers' Occupation Tax Act, the Home Rule
21County Service Occupation Tax Act, Sections 25.05-2, 25.05-3
22or 25.05-10 of "An Act to revise the law in relation to
23counties", Section 5.01 of the Local Mass Transit District
24Act, Section 4.03 of the Metropolitan Mobility Regional

 

 

HB1833- 266 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 267 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 268 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 269 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 270 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 271 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 272 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 273 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 274 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 275 -LRB104 09303 RTM 19361 b

1    The Auditor General of the State of Illinois shall
2annually conduct or cause to be conducted a financial and
3compliance audit of the books and records of any county water
4commission organized pursuant to the Water Commission Act of
51985 and shall file a copy of the report of that audit with the
6Governor and the Legislative Audit Commission. The filed audit
7shall be open to the public for inspection. The cost of the
8audit shall be charged to the county water commission in
9accordance with Section 6z-27 of the State Finance Act. The
10county water commission shall make available to the Auditor
11General its books and records and any other documentation,
12whether in the possession of its trustees or other parties,
13necessary to conduct the audit required. These audit
14requirements apply only through July 1, 2007.
15    The Auditor General must conduct audits of the Rend Lake
16Conservancy District as provided in Section 25.5 of the River
17Conservancy Districts Act.
18    The Auditor General must conduct financial audits of the
19Southeastern Illinois Economic Development Authority as
20provided in Section 70 of the Southeastern Illinois Economic
21Development Authority Act.
22    The Auditor General shall conduct a compliance audit in
23accordance with subsections (d) and (f) of Section 30 of the
24Innovation Development and Economy Act.
25(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09;
2696-939, eff. 6-24-10.)
 

 

 

HB1833- 276 -LRB104 09303 RTM 19361 b

1    (30 ILCS 5/3-2.3 rep.)
2    Section 8.12a. The Illinois State Auditing Act is amended
3by repealing Section 3-2.3.
 
4    Section 8.13. The State Finance Act is amended by changing
5Sections 5.277, 5.918, 6z-17, 6z-20, 6z-27, 6z-109, 8.25g, and
68.3 and by adding Sections 5.1030 and 5.1031 as follows:
 
7    (30 ILCS 105/5.277)  (from Ch. 127, par. 141.277)
8    Sec. 5.277. The Metropolitan Mobility Regional
9Transportation Authority Occupation and Use Tax Replacement
10Fund.
11(Source: P.A. 86-928; 86-1028.)
 
12    (30 ILCS 105/5.918)
13    Sec. 5.918. The Metropolitan Mobility Regional
14Transportation Authority Capital Improvement Fund.
15(Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19;
16102-558, eff. 8-20-21.)
 
17    (30 ILCS 105/5.1030 new)
18    Sec. 5.1030. The Transit-Supportive Development Fund.
 
19    (30 ILCS 105/5.1031 new)
20    Sec. 5.1031. The Metropolitan Mobility Authority

 

 

HB1833- 277 -LRB104 09303 RTM 19361 b

1Additional Operating Funding Fund.
 
2    (30 ILCS 105/6z-17)  (from Ch. 127, par. 142z-17)
3    Sec. 6z-17. State and Local Sales Tax Reform Fund.
4    (a) After deducting the amount transferred to the Tax
5Compliance and Administration Fund under subsection (b), of
6the money paid into the State and Local Sales Tax Reform Fund:
7(i) subject to appropriation to the Department of Revenue,
8Municipalities having 1,000,000 or more inhabitants shall
9receive 20% and may expend such amount to fund and establish a
10program for developing and coordinating public and private
11resources targeted to meet the affordable housing needs of
12low-income and very low-income households within such
13municipality, (ii) 10% shall be transferred into the
14Metropolitan Mobility Regional Transportation Authority
15Occupation and Use Tax Replacement Fund, a special fund in the
16State treasury which is hereby created, (iii) until July 1,
172013, subject to appropriation to the Department of
18Transportation, the Madison County Mass Transit District shall
19receive .6%, and beginning on July 1, 2013, subject to
20appropriation to the Department of Revenue, 0.6% shall be
21distributed each month out of the Fund to the Madison County
22Mass Transit District, (iv) the following amounts, plus any
23cumulative deficiency in such transfers for prior months,
24shall be transferred monthly into the Build Illinois Fund and
25credited to the Build Illinois Bond Account therein:

 

 

HB1833- 278 -LRB104 09303 RTM 19361 b

1Fiscal YearAmount
21990$2,700,000
319911,850,000
419922,750,000
519932,950,000
6    From Fiscal Year 1994 through Fiscal Year 2025 the
7transfer shall total $3,150,000 monthly, plus any cumulative
8deficiency in such transfers for prior months, and (v) the
9remainder of the money paid into the State and Local Sales Tax
10Reform Fund shall be transferred into the Local Government
11Distributive Fund and, except for municipalities with
121,000,000 or more inhabitants which shall receive no portion
13of such remainder, shall be distributed, subject to
14appropriation, in the manner provided by Section 2 of "An Act
15in relation to State revenue sharing with local government
16entities", approved July 31, 1969, as now or hereafter
17amended. Municipalities with more than 50,000 inhabitants
18according to the 1980 U.S. Census and located within the Metro
19East Mass Transit District receiving funds pursuant to
20provision (v) of this paragraph may expend such amounts to
21fund and establish a program for developing and coordinating
22public and private resources targeted to meet the affordable
23housing needs of low-income and very low-income households
24within such municipality.
25    Moneys transferred from the Grocery Tax Replacement Fund
26to the State and Local Sales Tax Reform Fund under Section

 

 

HB1833- 279 -LRB104 09303 RTM 19361 b

16z-130 shall be treated under this Section in the same manner
2as if they had been remitted with the return on which they were
3reported.
4    (b) Beginning on the first day of the first calendar month
5to occur on or after the effective date of this amendatory Act
6of the 98th General Assembly, each month the Department of
7Revenue shall certify to the State Comptroller and the State
8Treasurer, and the State Comptroller shall order transferred
9and the State Treasurer shall transfer from the State and
10Local Sales Tax Reform Fund to the Tax Compliance and
11Administration Fund, an amount equal to 1/12 of 5% of 20% of
12the cash receipts collected during the preceding fiscal year
13by the Audit Bureau of the Department of Revenue under the Use
14Tax Act, the Service Use Tax Act, the Service Occupation Tax
15Act, the Retailers' Occupation Tax Act, and associated local
16occupation and use taxes administered by the Department. The
17amount distributed under subsection (a) each month shall first
18be reduced by the amount transferred to the Tax Compliance and
19Administration Fund under this subsection (b). Moneys
20transferred to the Tax Compliance and Administration Fund
21under this subsection (b) shall be used, subject to
22appropriation, to fund additional auditors and compliance
23personnel at the Department of Revenue.
24(Source: P.A. 102-700, eff. 4-19-22.)
 
25    (30 ILCS 105/6z-20)  (from Ch. 127, par. 142z-20)

 

 

HB1833- 280 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 281 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 282 -LRB104 09303 RTM 19361 b

1person named, in such notification from the Department. Such
2refund shall be paid by the State Treasurer out of the County
3and Mass Transit District Fund.
4    As soon as possible after the first day of each month,
5beginning January 1, 2011, upon certification of the
6Department of Revenue, the Comptroller shall order
7transferred, and the Treasurer shall transfer, to the STAR
8Bonds Revenue Fund the local sales tax increment, as defined
9in the Innovation Development and Economy Act, collected
10during the second preceding calendar month for sales within a
11STAR bond district and deposited into the County and Mass
12Transit District Fund, less 3% of that amount, which shall be
13transferred into the Tax Compliance and Administration Fund
14and shall be used by the Department, subject to appropriation,
15to cover the costs of the Department in administering the
16Innovation Development and Economy Act.
17    After the monthly transfer to the STAR Bonds Revenue Fund,
18on or before the 25th day of each calendar month, the
19Department shall prepare and certify to the Comptroller the
20disbursement of stated sums of money to the Metropolitan
21Mobility Regional Transportation Authority and to named
22counties, the counties to be those entitled to distribution,
23as hereinabove provided, of taxes or penalties paid to the
24Department during the second preceding calendar month. The
25amount to be paid to the Metropolitan Mobility Regional
26Transportation Authority and each county having 3,000,000 or

 

 

HB1833- 283 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 284 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 285 -LRB104 09303 RTM 19361 b

1the County and Mass Transit District Fund or Local Government
2Distributive Fund, as the case may be.
3(Source: P.A. 102-700, eff. 4-19-22.)
 
4    (30 ILCS 105/6z-27)
5    Sec. 6z-27. All moneys in the Audit Expense Fund shall be
6transferred, appropriated and used only for the purposes
7authorized by, and subject to the limitations and conditions
8prescribed by, the Illinois State Auditing Act.
9    Within 30 days after July 1, 2024, or as soon thereafter as
10practical, the State Comptroller shall order transferred and
11the State Treasurer shall transfer from the following funds
12moneys in the specified amounts for deposit into the Audit
13Expense Fund:
14Attorney General Court Ordered and Voluntary
15    Compliance Payment Projects Fund..................$22,470
16Aggregate Operations Regulatory Fund.....................$605
17Agricultural Premium Fund.............................$21,002
18Attorney General's State Projects and
19    Court Ordered Distribution Fund...................$36,873
20Anna Veterans Home Fund................................$1,205
21Appraisal Administration Fund..........................$2,670
22Attorney General Whistleblower Reward
23    and Protection Fund..................................$938
24Bank and Trust Company Fund...........................$82,945
25Brownfields Redevelopment Fund.........................$1,893

 

 

HB1833- 286 -LRB104 09303 RTM 19361 b

1Cannabis Business Development Fund....................$15,750
2Cannabis Expungement Fund..............................$2,511
3Capital Development Board Revolving Fund...............$4,668
4Care Provider Fund for Persons with
5    a Developmental Disability.........................$6,794
6CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,679
7Cemetery Oversight Licensing and Disciplinary Fund.....$6,187
8Chicago State University Education Improvement Fund...$16,893
9Chicago Travel Industry Promotion Fund.................$9,146
10Child Support Administrative Fund......................$2,669
11Clean Air Act Permit Fund.............................$11,283
12Coal Technology Development Assistance Fund...........$22,087
13Community Association Manager
14    Licensing and Disciplinary Fund....................$1,178
15Commitment to Human Services Fund ...................$259,050
16Common School Fund ..................................$385,362
17Community Mental Health Medicaid Trust Fund............$6,972
18Community Water Supply Laboratory Fund...................$835
19Credit Union Fund.....................................$21,944
20Cycle Rider Safety Training Fund.........................$704
21DCFS Children's Services Fund........................$164,036
22Department of Business Services Special Operations Fund.$4,564
23Department of Corrections Reimbursement
24    and Education Fund................................$23,892
25Design Professionals Administration
26    and Investigation Fund.............................$3,892

 

 

HB1833- 287 -LRB104 09303 RTM 19361 b

1Department of Human Services Community Services Fund...$6,314
2Downstate Public Transportation Fund..................$40,428
3Drivers Education Fund...................................$904
4Drug Rebate Fund......................................$40,707
5Drug Treatment Fund......................................$810
6Drycleaner Environmental Response Trust Fund...........$1,555
7Education Assistance Fund..........................$2,347,928
8Electric Vehicle Rebate Fund..........................$24,101
9Energy Efficiency Trust Fund.............................$955
10Energy Transition Assistance Fund......................$1,193
11Environmental Protection Permit and Inspection Fund...$17,475
12Facilities Management Revolving Fund..................$21,298
13Fair and Exposition Fund.................................$782
14Federal Asset Forfeiture Fund..........................$1,195
15Federal High Speed Rail Trust Fund.......................$910
16Federal Workforce Training Fund......................$113,609
17Feed Control Fund......................................$1,263
18Fertilizer Control Fund..................................$778
19Fire Prevention Fund...................................$4,470
20Freedom Schools Fund.....................................$636
21Fund for the Advancement of Education.................$61,767
22General Professions Dedicated Fund....................$36,108
23General Revenue Fund..............................$17,653,153
24Grade Crossing Protection Fund.........................$7,759
25Hazardous Waste Fund...................................$9,036
26Health and Human Services Medicaid Trust Fund............$793

 

 

HB1833- 288 -LRB104 09303 RTM 19361 b

1Healthcare Provider Relief Fund......................$209,863
2Historic Property Administrative Fund....................$791
3Horse Racing Fund....................................$233,685
4Hospital Provider Fund................................$66,984
5Illinois Affordable Housing Trust Fund................$30,424
6Illinois Charity Bureau Fund...........................$2,025
7Illinois Clean Water Fund.............................$18,928
8Illinois Forestry Development Fund....................$13,054
9Illinois Gaming Law Enforcement Fund...................$1,411
10IMSA Income Fund......................................$10,499
11Illinois Military Family Relief Fund...................$2,963
12Illinois National Guard Construction Fund..............$4,944
13Illinois Power Agency Operations Fund................$154,375
14Illinois State Dental Disciplinary Fund................$3,947
15Illinois State Fair Fund...............................$5,871
16Illinois State Medical Disciplinary Fund..............$32,809
17Illinois State Pharmacy Disciplinary Fund.............$10,993
18Illinois Student Assistance Commission
19    Contracts and Grants Fund............................$950
20Illinois Veterans Assistance Fund......................$2,738
21Illinois Veterans' Rehabilitation Fund...................$685
22Illinois Wildlife Preservation Fund....................$2,646
23Illinois Workers' Compensation Commission
24    Operations Fund...................................$94,942
25Illinois Works Fund....................................$5,577
26Income Tax Refund Fund...............................$232,364

 

 

HB1833- 289 -LRB104 09303 RTM 19361 b

1Insurance Financial Regulation Fund..................$158,266
2Insurance Premium Tax Refund Fund.....................$10,972
3Insurance Producer Administration Fund...............$208,185
4International Tourism Fund.............................$1,317
5LaSalle Veterans Home Fund.............................$2,656
6Law Enforcement Recruitment and Retention Fund........$10,249
7Law Enforcement Training Fund.........................$28,714
8LEADS Maintenance Fund...................................$573
9Live and Learn Fund....................................$8,419
10Local Government Distributive Fund...................$120,745
11Local Tourism Fund....................................$16,582
12Long Term Care Ombudsman Fund............................$635
13Long-Term Care Provider Fund..........................$10,352
14Manteno Veterans Home Fund.............................$3,941
15Mental Health Fund.....................................$3,560
16Mental Health Reporting Fund.............................$878
17Military Affairs Trust Fund............................$1,017
18Monitoring Device Driving Permit
19    Administration Fee Fund..............................$657
20Motor Carrier Safety Inspection Fund...................$1,892
21Motor Fuel Tax Fund..................................$124,570
22Motor Vehicle License Plate Fund.......................$6,363
23Nursing Dedicated and Professional Fund...............$14,671
24Off-Highway Vehicle Trails Fund........................$1,431
25Open Space Lands Acquisition and Development Fund.....$67,764
26Optometric Licensing and Disciplinary Board Fund.........$922

 

 

HB1833- 290 -LRB104 09303 RTM 19361 b

1Parity Advancement Fund................................$9,349
2Partners For Conservation Fund........................$25,309
3Pawnbroker Regulation Fund...............................$659
4Pension Stabilization Fund.............................$3,009
5Personal Property Tax Replacement Fund...............$251,569
6Pesticide Control Fund.................................$4,715
7Prisoner Review Board Vehicle and Equipment Fund.......$3,035
8Professional Services Fund.............................$3,093
9Professions Indirect Cost Fund.......................$194,398
10Public Pension Regulation Fund.........................$3,519
11Public Transportation Fund...........................$108,264
12Quincy Veterans Home Fund.............................$25,455
13Real Estate License Administration Fund...............$27,976
14Rebuild Illinois Projects Fund.........................$3,682
15Regional Transportation Authority Occupation and Use Tax
16    Replacement Fund (now the
17    Metropolitan Mobility Authority Occupation
18    and Use Tax Replacement Fund)......................$3,226
19Registered Certified Public Accountants' Administration
20    and Disciplinary Fund..............................$3,213
21Renewable Energy Resources Trust Fund..................$2,463
22Rental Housing Support Program Fund......................$560
23Residential Finance Regulatory Fund...................$21,672
24Road Fund............................................$524,729
25Salmon Fund..............................................$837
26Savings Bank Regulatory Fund.............................$528

 

 

HB1833- 291 -LRB104 09303 RTM 19361 b

1School Infrastructure Fund............................$10,122
2Secretary of State DUI Administration Fund.............$1,021
3Secretary of State Identification Security and
4    Theft Prevention Fund..............................$4,877
5Secretary of State Special License Plate Fund..........$1,410
6Secretary of State Special Services Fund..............$11,665
7Securities Audit and Enforcement Fund..................$2,279
8Serve Illinois Commission Fund...........................$950
9Snowmobile Trail Establishment Fund......................$653
10Solid Waste Management Fund...........................$17,540
11Special Education Medicaid Matching Fund...............$2,916
12Sports Wagering Fund..................................$14,696
13State Police Law Enforcement Administration Fund.......$3,635
14State and Local Sales Tax Reform Fund..................$6,676
15State Asset Forfeiture Fund............................$1,445
16State Aviation Program Fund............................$2,125
17State Construction Account Fund......................$151,079
18State Crime Laboratory Fund............................$6,342
19State Gaming Fund....................................$216,475
20State Garage Revolving Fund............................$4,892
21State Lottery Fund...................................$106,169
22State Pensions Fund .................................$500,000
23State Police Firearm Services Fund....................$16,049
24State Police Services Fund............................$20,688
25State Police Vehicle Fund..............................$7,562
26State Police Whistleblower Reward

 

 

HB1833- 292 -LRB104 09303 RTM 19361 b

1    and Protection Fund................................$3,858
2State Small Business Credit Initiative Fund...........$20,739
3State's Attorneys Appellate
4    Prosecutor's County Fund..........................$20,621
5Subtitle D Management Fund.............................$2,669
6Supplemental Low-Income Energy Assistance Fund.......$158,173
7Tax Compliance and Administration Fund.................$3,789
8Technology Management Revolving Fund.................$620,435
9Tobacco Settlement Recovery Fund.......................$4,747
10Tourism Promotion Fund................................$46,998
11Traffic and Criminal Conviction Surcharge Fund........$41,173
12Underground Storage Tank Fund.........................$31,314
13University of Illinois Hospital Services Fund..........$3,257
14Vehicle Hijacking and Motor Vehicle Theft
15    Prevention and Insurance Verification Trust Fund...$8,183
16Vehicle Inspection Fund...............................$19,811
17Weights and Measures Fund..............................$3,636
18    Notwithstanding any provision of the law to the contrary,
19the General Assembly hereby authorizes the use of such funds
20for the purposes set forth in this Section.
21    These provisions do not apply to funds classified by the
22Comptroller as federal trust funds or State trust funds. The
23Audit Expense Fund may receive transfers from those trust
24funds only as directed herein, except where prohibited by the
25terms of the trust fund agreement. The Auditor General shall
26notify the trustees of those funds of the estimated cost of the

 

 

HB1833- 293 -LRB104 09303 RTM 19361 b

1audit to be incurred under the Illinois State Auditing Act for
2the fund. The trustees of those funds shall direct the State
3Comptroller and Treasurer to transfer the estimated amount to
4the Audit Expense Fund.
5    The Auditor General may bill entities that are not subject
6to the above transfer provisions, including private entities,
7related organizations and entities whose funds are
8locally-held, for the cost of audits, studies, and
9investigations incurred on their behalf. Any revenues received
10under this provision shall be deposited into the Audit Expense
11Fund.
12    In the event that moneys on deposit in any fund are
13unavailable, by reason of deficiency or any other reason
14preventing their lawful transfer, the State Comptroller shall
15order transferred and the State Treasurer shall transfer the
16amount deficient or otherwise unavailable from the General
17Revenue Fund for deposit into the Audit Expense Fund.
18    On or before December 1, 1992, and each December 1
19thereafter, the Auditor General shall notify the Governor's
20Office of Management and Budget (formerly Bureau of the
21Budget) of the amount estimated to be necessary to pay for
22audits, studies, and investigations in accordance with the
23Illinois State Auditing Act during the next succeeding fiscal
24year for each State fund for which a transfer or reimbursement
25is anticipated.
26    Beginning with fiscal year 1994 and during each fiscal

 

 

HB1833- 294 -LRB104 09303 RTM 19361 b

1year thereafter, the Auditor General may direct the State
2Comptroller and Treasurer to transfer moneys from funds
3authorized by the General Assembly for that fund. In the event
4funds, including federal and State trust funds but excluding
5the General Revenue Fund, are transferred, during fiscal year
61994 and during each fiscal year thereafter, in excess of the
7amount to pay actual costs attributable to audits, studies,
8and investigations as permitted or required by the Illinois
9State Auditing Act or specific action of the General Assembly,
10the Auditor General shall, on September 30, or as soon
11thereafter as is practicable, direct the State Comptroller and
12Treasurer to transfer the excess amount back to the fund from
13which it was originally transferred.
14(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
15103-8, eff. 6-7-23; 103-129, eff. 6-30-23; 103-588, eff.
166-5-24.)
 
17    (30 ILCS 105/6z-109)
18    Sec. 6z-109. Metropolitan Mobility Regional Transportation
19Authority Capital Improvement Fund.
20    (a) The Metropolitan Mobility Regional Transportation
21Authority Capital Improvement Fund is created as a special
22fund in the State treasury and shall receive a portion of the
23moneys deposited into the Transportation Renewal Fund from
24Motor Fuel Tax revenues pursuant to Section 8b of the Motor
25Fuel Tax Law.

 

 

HB1833- 295 -LRB104 09303 RTM 19361 b

1    (b) Money in the Metropolitan Mobility Regional
2Transportation Authority Capital Improvement Fund shall be
3used exclusively for transportation-related purposes as
4described in Section 11 of Article IX of the Illinois
5Constitution of 1970.
6(Source: P.A. 101-30, eff. 6-28-19.)
 
7    (30 ILCS 105/8.3)
8    Sec. 8.3. Money in the Road Fund shall, if and when the
9State of Illinois incurs any bonded indebtedness for the
10construction of permanent highways, be set aside and used for
11the purpose of paying and discharging annually the principal
12and interest on that bonded indebtedness then due and payable,
13and for no other purpose. The surplus, if any, in the Road Fund
14after the payment of principal and interest on that bonded
15indebtedness then annually due shall be used as follows:
16        first -- to pay the cost of administration of Chapters
17    2 through 10 of the Illinois Vehicle Code, except the cost
18    of administration of Articles I and II of Chapter 3 of that
19    Code, and to pay the costs of the Executive Ethics
20    Commission for oversight and administration of the Chief
21    Procurement Officer appointed under paragraph (2) of
22    subsection (a) of Section 10-20 of the Illinois
23    Procurement Code for transportation; and
24        secondly -- for expenses of the Department of
25    Transportation for construction, reconstruction,

 

 

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1    improvement, repair, maintenance, operation, and
2    administration of highways in accordance with the
3    provisions of laws relating thereto, or for any purpose
4    related or incident to and connected therewith, including
5    the separation of grades of those highways with railroads
6    and with highways and including the payment of awards made
7    by the Illinois Workers' Compensation Commission under the
8    terms of the Workers' Compensation Act or Workers'
9    Occupational Diseases Act for injury or death of an
10    employee of the Division of Highways in the Department of
11    Transportation; or for the acquisition of land and the
12    erection of buildings for highway purposes, including the
13    acquisition of highway right-of-way or for investigations
14    to determine the reasonably anticipated future highway
15    needs; or for making of surveys, plans, specifications and
16    estimates for and in the construction and maintenance of
17    flight strips and of highways necessary to provide access
18    to military and naval reservations, to defense industries
19    and defense-industry sites, and to the sources of raw
20    materials and for replacing existing highways and highway
21    connections shut off from general public use at military
22    and naval reservations and defense-industry sites, or for
23    the purchase of right-of-way, except that the State shall
24    be reimbursed in full for any expense incurred in building
25    the flight strips; or for the operating and maintaining of
26    highway garages; or for patrolling and policing the public

 

 

HB1833- 297 -LRB104 09303 RTM 19361 b

1    highways and conserving the peace; or for the operating
2    expenses of the Department relating to the administration
3    of public transportation programs; or, during fiscal year
4    2024, for the purposes of a grant not to exceed $9,108,400
5    to the Regional Transportation Authority (now the
6    Metropolitan Mobility Transportation Authority) on behalf
7    of PACE for the purpose of ADA/Para-transit expenses; or,
8    during fiscal year 2025, for the purposes of a grant not to
9    exceed $10,020,000 to the Regional Transportation
10    Authority (now the Metropolitan Mobility Transportation
11    Authority) on behalf of PACE for the purpose of
12    ADA/Para-transit expenses; or for any of those purposes or
13    any other purpose that may be provided by law.
14    Appropriations for any of those purposes are payable from
15the Road Fund. Appropriations may also be made from the Road
16Fund for the administrative expenses of any State agency that
17are related to motor vehicles or arise from the use of motor
18vehicles.
19    Beginning with fiscal year 1980 and thereafter, no Road
20Fund monies shall be appropriated to the following Departments
21or agencies of State government for administration, grants, or
22operations; but this limitation is not a restriction upon
23appropriating for those purposes any Road Fund monies that are
24eligible for federal reimbursement:
25        1. Department of Public Health;
26        2. Department of Transportation, only with respect to

 

 

HB1833- 298 -LRB104 09303 RTM 19361 b

1    subsidies for one-half fare Student Transportation and
2    Reduced Fare for Elderly, except fiscal year 2024 when no
3    more than $19,063,500 may be expended and except fiscal
4    year 2025 when no more than $20,969,900 may be expended;
5        3. Department of Central Management Services, except
6    for expenditures incurred for group insurance premiums of
7    appropriate personnel;
8        4. Judicial Systems and Agencies.
9    Beginning with fiscal year 1981 and thereafter, no Road
10Fund monies shall be appropriated to the following Departments
11or agencies of State government for administration, grants, or
12operations; but this limitation is not a restriction upon
13appropriating for those purposes any Road Fund monies that are
14eligible for federal reimbursement:
15        1. Illinois State Police, except for expenditures with
16    respect to the Division of Patrol and Division of Criminal
17    Investigation;
18        2. Department of Transportation, only with respect to
19    Intercity Rail Subsidies, except fiscal year 2024 when no
20    more than $60,000,000 may be expended and except fiscal
21    year 2025 when no more than $67,000,000 may be expended,
22    and Rail Freight Services.
23    Beginning with fiscal year 1982 and thereafter, no Road
24Fund monies shall be appropriated to the following Departments
25or agencies of State government for administration, grants, or
26operations; but this limitation is not a restriction upon

 

 

HB1833- 299 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 300 -LRB104 09303 RTM 19361 b

1accordance with the provisions of this Section.
2    Money in the Road Fund shall, if and when the State of
3Illinois incurs any bonded indebtedness for the construction
4of permanent highways, be set aside and used for the purpose of
5paying and discharging during each fiscal year the principal
6and interest on that bonded indebtedness as it becomes due and
7payable as provided in the General Obligation Bond Act, and
8for no other purpose. The surplus, if any, in the Road Fund
9after the payment of principal and interest on that bonded
10indebtedness then annually due shall be used as follows:
11        first -- to pay the cost of administration of Chapters
12    2 through 10 of the Illinois Vehicle Code; and
13        secondly -- no Road Fund monies derived from fees,
14    excises, or license taxes relating to registration,
15    operation and use of vehicles on public highways or to
16    fuels used for the propulsion of those vehicles, shall be
17    appropriated or expended other than for costs of
18    administering the laws imposing those fees, excises, and
19    license taxes, statutory refunds and adjustments allowed
20    thereunder, administrative costs of the Department of
21    Transportation, including, but not limited to, the
22    operating expenses of the Department relating to the
23    administration of public transportation programs, payment
24    of debts and liabilities incurred in construction and
25    reconstruction of public highways and bridges, acquisition
26    of rights-of-way for and the cost of construction,

 

 

HB1833- 301 -LRB104 09303 RTM 19361 b

1    reconstruction, maintenance, repair, and operation of
2    public highways and bridges under the direction and
3    supervision of the State, political subdivision, or
4    municipality collecting those monies, or during fiscal
5    year 2024 for the purposes of a grant not to exceed
6    $9,108,400 to the Regional Transportation Authority (now
7    the Metropolitan Mobility Transportation Authority) on
8    behalf of PACE for the purpose of ADA/Para-transit
9    expenses, or during fiscal year 2025 for the purposes of a
10    grant not to exceed $10,020,000 to the Regional
11    Transportation Authority (now the Metropolitan Mobility
12    Transportation Authority) on behalf of PACE for the
13    purpose of ADA/Para-transit expenses, and the costs for
14    patrolling and policing the public highways (by the State,
15    political subdivision, or municipality collecting that
16    money) for enforcement of traffic laws. The separation of
17    grades of such highways with railroads and costs
18    associated with protection of at-grade highway and
19    railroad crossing shall also be permissible.
20    Appropriations for any of such purposes are payable from
21the Road Fund or the Grade Crossing Protection Fund as
22provided in Section 8 of the Motor Fuel Tax Law.
23    Except as provided in this paragraph, beginning with
24fiscal year 1991 and thereafter, no Road Fund monies shall be
25appropriated to the Illinois State Police for the purposes of
26this Section in excess of its total fiscal year 1990 Road Fund

 

 

HB1833- 302 -LRB104 09303 RTM 19361 b

1appropriations for those purposes unless otherwise provided in
2Section 5g of this Act. For fiscal years 2003, 2004, 2005,
32006, and 2007 only, no Road Fund monies shall be appropriated
4to the Department of State Police for the purposes of this
5Section in excess of $97,310,000. For fiscal year 2008 only,
6no Road Fund monies shall be appropriated to the Department of
7State Police for the purposes of this Section in excess of
8$106,100,000. For fiscal year 2009 only, no Road Fund monies
9shall be appropriated to the Department of State Police for
10the purposes of this Section in excess of $114,700,000.
11Beginning in fiscal year 2010, no Road Fund moneys shall be
12appropriated to the Illinois State Police. It shall not be
13lawful to circumvent this limitation on appropriations by
14governmental reorganization or other methods unless otherwise
15provided in Section 5g of this Act.
16    In fiscal year 1994, no Road Fund monies shall be
17appropriated to the Secretary of State for the purposes of
18this Section in excess of the total fiscal year 1991 Road Fund
19appropriations to the Secretary of State for those purposes,
20plus $9,800,000. It shall not be lawful to circumvent this
21limitation on appropriations by governmental reorganization or
22other method.
23    Beginning with fiscal year 1995 and thereafter, no Road
24Fund monies shall be appropriated to the Secretary of State
25for the purposes of this Section in excess of the total fiscal
26year 1994 Road Fund appropriations to the Secretary of State

 

 

HB1833- 303 -LRB104 09303 RTM 19361 b

1for those purposes. It shall not be lawful to circumvent this
2limitation on appropriations by governmental reorganization or
3other methods.
4    Beginning with fiscal year 2000, total Road Fund
5appropriations to the Secretary of State for the purposes of
6this Section shall not exceed the amounts specified for the
7following fiscal years:
8    Fiscal Year 2000$80,500,000;
9    Fiscal Year 2001$80,500,000;
10    Fiscal Year 2002$80,500,000;
11    Fiscal Year 2003$130,500,000;
12    Fiscal Year 2004$130,500,000;
13    Fiscal Year 2005$130,500,000;
14    Fiscal Year 2006 $130,500,000;
15    Fiscal Year 2007 $130,500,000;
16    Fiscal Year 2008$130,500,000;
17    Fiscal Year 2009 $130,500,000.
18    For fiscal year 2010, no road fund moneys shall be
19appropriated to the Secretary of State.
20    Beginning in fiscal year 2011, moneys in the Road Fund
21shall be appropriated to the Secretary of State for the
22exclusive purpose of paying refunds due to overpayment of fees
23related to Chapter 3 of the Illinois Vehicle Code unless
24otherwise provided for by law.
25    Beginning in fiscal year 2025, moneys in the Road Fund may
26be appropriated to the Environmental Protection Agency for the

 

 

HB1833- 304 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 305 -LRB104 09303 RTM 19361 b

1year that the General Revenue Fund has a positive budgetary
2balance, as determined by generally accepted accounting
3principles applicable to government.
4(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
5102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
66-7-23; 103-34, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605,
7eff. 7-1-24; 103-616, eff. 7-1-24; revised 8-5-24.)
 
8    (30 ILCS 105/8.25g)
9    Sec. 8.25g. The Civic and Transit Infrastructure Fund. The
10Civic and Transit Infrastructure Fund is created as a special
11fund in the State treasury Treasury. Money in the Civic and
12Transit Infrastructure Fund shall, when the State of Illinois
13incurs infrastructure indebtedness pursuant to the
14public-private partnership entered into by the public agency
15on behalf of the State of Illinois with private entity
16pursuant to the Public-Private Partnership for Civic and
17Transit Infrastructure Project Act, be used for the purpose of
18paying and discharging monthly the principal and interest on
19that infrastructure indebtedness then due and payable
20consistent with the term established in the public-private
21agreement entered into by the public agency on behalf of the
22State of Illinois. The public agency shall, pursuant to its
23authority under the Public-Private Partnership for Civic and
24Transit Infrastructure Project Act, annually certify to the
25State Comptroller and the State Treasurer the amount necessary

 

 

HB1833- 306 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 307 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 308 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 309 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 310 -LRB104 09303 RTM 19361 b

1Section 2a.1 of the Public Utilities Revenue Act, and the
2Water Company Invested Capital Tax Act. Any such moneys paid
3under protest shall bear simple interest at a rate equal to the
4average of the weekly rates at issuance on 13-week U.S.
5Treasury Bills from the date of deposit into the protest fund
6to the date of disbursement from the protest fund.
7    It is unlawful for the Clerk of a court, a bank or any
8person other than the State Treasurer to be appointed as
9trustee with respect to any purported payment under protest,
10or otherwise to be authorized by a court to hold any purported
11payment under protest, during the pendency of the litigation
12involving such purported payment under protest, it being the
13expressed intention of the General Assembly that no one is to
14act as custodian of any such purported payment under protest
15except the State Treasurer.
16    No payment under protest within the meaning of this Act
17has been made unless paid to an officer, board, commission,
18commissioner, department, institute, arm or agency brought
19within this Act by Section 1 and unless made in the form
20specified by Section 2a.1. No payment into court or to a
21circuit clerk or other court-appointed trustee is a payment
22under protest within the meaning of this Act.
23(Source: P.A. 87-950.)
 
24    Section 8.16. The Downstate Public Transportation Act is
25amended by changing Sections 2-2.02, 3-1.02, and 4-1.7 as

 

 

HB1833- 311 -LRB104 09303 RTM 19361 b

1follows:
 
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
5local mass transit district organized under the Local Mass
6Transit District Act (a) serving an urbanized area of over
750,000 population or (b) serving a nonurbanized area; or
8    (2) any Metro-East Transit District established pursuant
9to Section 3 of the Local Mass Transit District Act and serving
10one or more of the Counties of Madison, Monroe, and St. Clair
11during Fiscal Year 1989, all located outside the boundaries of
12the Metropolitan Mobility Regional Transportation Authority as
13established pursuant to the Metropolitan Mobility Regional
14Transportation 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
18outside the boundaries of the Metropolitan Mobility Regional
19Transportation Authority as established under the Metropolitan
20Mobility Regional Transportation Authority Act and outside the
21Bi-State Metropolitan Development District established under
22an Act approved July 26, 1949, except that beginning, July 1,
231987 the counties within the boundaries of the Bi-State
24Metropolitan Development District may be eligible for capital

 

 

HB1833- 312 -LRB104 09303 RTM 19361 b

1assistance only, or within such county any municipality with
220,000 or more population that is not included in an urbanized
3area or the boundaries of a local mass transit district; or
4within such county any municipality with 20,000 or less
5population receiving State mass transportation operating
6assistance under the Downstate Public Transportation Act
7during Fiscal Year 1979; or within such county or counties a
8local mass transit district organized under the Local local
9Mass Transit District Act which is not included in an
10urbanized area or the boundaries of a local mass transit
11district which includes an urbanized area; provided, however,
12that no such entity shall be eligible to participate unless it
13agrees to adhere to the regulations and requirements of the
14Secretary of Transportation of the federal Department of
15Transportation affecting Section 18 assistance or any other
16conditions as deemed reasonable and necessary by the Illinois
17Department 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
21incorporated town, or a local mass transit district organized
22under the Local Mass Transit District Act, that is named as a
23designated recipient by the Governor, or is eligible to
24receive federal UMTA Section 9 funds, or (2) the recipient
25designated by the Governor within the Bi-State Metropolitan

 

 

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1Development District; provided that such entity is all located
2outside the boundaries of the Metropolitan Mobility Regional
3Transportation Authority as established pursuant to the
4Metropolitan Mobility Regional Transportation Authority Act,
5as amended, and has formally requested to participate in the
6program defined in this Article. However, no such entity shall
7be eligible to participate unless it agrees to adhere to the
8regulations and requirements of the Secretary of
9Transportation of the federal Department of Transportation
10affecting UMTA Section 9 assistance or any other conditions
11that are deemed reasonable and necessary by the Illinois
12Department of Transportation.
13(Source: P.A. 86-16.)
 
14    Section 8.17. The State Mandates Act is amended by
15changing Section 8.47 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
19reimbursement by the State is required for the implementation
20of any mandate created by Public Act 103-2, 103-110, 103-409,
21103-455, 103-529, 103-552, 103-553, 103-579, or 103-582.
22    (b) Notwithstanding Sections 6 and 8 of this Act, no
23reimbursement by the State is required for the implementation
24of any mandate created by the Decennial Committees on Local

 

 

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1Government Efficiency Act.
2    (c) Notwithstanding Sections 6 and 8 of this Act, no
3reimbursement by the State is required for the implementation
4of the mandate created by Section 2.10a of the Regional
5Transportation Authority Act (now Section 4.25 of the
6Metropolitan Mobility Authority Act) in Public Act 103-281.
7(Source: P.A. 102-1136, eff. 2-10-23; 103-2, eff. 5-10-23;
8103-110, eff. 6-29-23; 103-281, eff. 1-1-24; 103-409, eff.
91-1-24; 103-455, eff. 1-1-24; 103-529, eff. 8-11-23; 103-552,
10eff. 8-11-23; 103-553, eff. 8-11-23; 103-579, eff. 12-8-23;
11103-582, eff. 12-8-23; 103-605, eff. 7-1-24.)
 
12    Section 8.18. The Use Tax Act is amended by changing
13Sections 2b and 22 as follows:
 
14    (35 ILCS 105/2b)  (from Ch. 120, par. 439.2b)
15    Sec. 2b. "Selling price" does shall not include any
16amounts added to prices by sellers on account of the seller's
17duty to collect any tax imposed under the Metropolitan
18Mobility "Regional Transportation Authority Act", enacted by
19the 78th General Assembly.
20(Source: P.A. 78-3rd S.S.-12.)
 
21    (35 ILCS 105/22)  (from Ch. 120, par. 439.22)
22    Sec. 22. If it is determined that the Department should
23issue a credit or refund under this Act, the Department may

 

 

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

 

 

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1shall be issued to the person entitled thereto.
2    Any credit memorandum issued hereunder may be used by the
3authorized holder thereof to pay any tax or penalty or
4interest due or to become due under this Act or under the
5Retailers' Occupation Tax Act, the Service Occupation Tax Act,
6the Service Use Tax Act, any local occupation or use tax
7administered by the Department, Section 4 of the Water
8Commission Act of 1985, subsections (b), (c) and (d) of
9Section 5.01 of the Local Mass Transit District Act, or
10subsections (e), (m), and (r) of Section 6.02 of the
11Metropolitan Mobility Authority Act (e), (f) and (g) of
12Section 4.03 of the Regional Transportation Authority Act,
13from such holder. Subject to reasonable rules of the
14Department, a credit memorandum issued hereunder may be
15assigned by the holder thereof to any other person for use in
16paying tax or penalty or interest which may be due or become
17due under this Act or under the Retailers' Occupation Tax Act,
18the Service Occupation Tax Act or the Service Use Tax Act, from
19the assignee.
20    In any case in which there has been an erroneous refund of
21tax payable under this Act, a notice of tax liability may be
22issued at any time within 3 years from the making of that
23refund, or within 5 years from the making of that refund if it
24appears that any part of the refund was induced by fraud or the
25misrepresentation of a material fact. The amount of any
26proposed assessment set forth in the notice shall be limited

 

 

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1to the amount of the erroneous refund.
2(Source: P.A. 91-901, eff. 1-1-01.)
 
3    Section 8.19. The Service Use Tax Act is amended by
4changing Section 20 as follows:
 
5    (35 ILCS 110/20)  (from Ch. 120, par. 439.50)
6    Sec. 20. If it is determined that the Department should
7issue a credit or refund hereunder, the Department may first
8apply the amount thereof against any amount of tax or penalty
9or interest due hereunder, or under the Service Occupation Tax
10Act, the Retailers' Occupation Tax Act, the Use Tax Act, any
11local occupation or use tax administered by the Department,
12Section 4 of the Water Commission Act of 1985, subsections
13(b), (c) and (d) of Section 5.01 of the Local Mass Transit
14District Act, or subsections (e), (m), and (r) of Section 6.02
15of the Metropolitan Mobility Authority Act (e), (f) and (g) of
16Section 4.03 of the Regional Transportation Authority Act,
17from the person entitled to such credit or refund. For this
18purpose, if proceedings are pending to determine whether or
19not any tax or penalty or interest is due hereunder, or under
20the Service Occupation Tax Act, the Retailers' Occupation Tax
21Act, the Use Tax Act, any local occupation or use tax
22administered by the Department, Section 4 of the Water
23Commission Act of 1985, subsections (b), (c) and (d) of
24Section 5.01 of the Local Mass Transit District Act, or

 

 

HB1833- 318 -LRB104 09303 RTM 19361 b

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

 

 

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14 of the Water Commission Act of 1985, subsections (b), (c) and
2(d) of Section 5.01 of the Local Mass Transit District Act, or
3subsections (e), (m), and (r) of Section 6.02 of the
4Metropolitan Mobility Authority Act (e), (f) and (g) of
5Section 4.03 of the Regional Transportation Authority Act,
6from the assignee.
7    In any case which there has been an erroneous refund of tax
8payable under this Act, a notice of tax liability may be issued
9at any time within 3 years from the making of that refund, or
10within 5 years from the making of that refund if it appears
11that any part of the refund was induced by fraud or the
12misrepresentation of a material fact. The amount of any
13proposed assessment set forth in the notice shall be limited
14to the amount of the erroneous refund.
15(Source: P.A. 91-901, eff. 1-1-01.)
 
16    Section 8.20. The Service Occupation Tax Act is amended by
17changing Section 20 as follows:
 
18    (35 ILCS 115/20)  (from Ch. 120, par. 439.120)
19    Sec. 20. If it is determined that the Department should
20issue a credit or refund hereunder, the Department may first
21apply the amount thereof against any amount of tax or penalty
22or interest due hereunder, or under the Service Use Tax Act,
23the Retailers' Occupation Tax Act, the Use Tax Act, any local
24occupation or use tax administered by the Department, Section

 

 

HB1833- 320 -LRB104 09303 RTM 19361 b

14 of the Water Commission Act of 1985, subsections (b), (c) and
2(d) of Section 5.01 of the Local Mass Transit District Act, or
3subsections (e), (m), and (r) of Section 6.02 of the
4Metropolitan Mobility Authority Act (e), (f) and (g) of
5Section 4.03 of the Regional Transportation Authority Act,
6from the person entitled to such credit or refund. For this
7purpose, if proceedings are pending to determine whether or
8not any tax or penalty or interest is due hereunder, or under
9the Service Use Tax Act, the Retailers' Occupation Tax Act,
10the Use Tax Act, any local occupation or use tax administered
11by the Department, Section 4 of the Water Commission Act of
121985, subsections (b), (c) and (d) of Section 5.01 of the Local
13Mass Transit District Act, or subsections (e), (m), and (r) of
14Section 6.02 of the Metropolitan Mobility Authority Act (e),
15(f) and (g) of Section 4.03 of the Regional Transportation
16Authority Act, from such person, the Department may withhold
17issuance of the credit or refund pending the final disposition
18of such proceedings and may apply such credit or refund
19against any amount found to be due to the Department as a
20result of such proceedings. The balance, if any, of the credit
21or refund shall be issued to the person entitled thereto.
22    Any credit memorandum issued hereunder may be used by the
23authorized holder thereof to pay any tax or penalty or
24interest due or to become due under this Act, or under the
25Service Use Tax Act, the Retailers' Occupation Tax Act, the
26Use Tax Act, any local occupation or use tax administered by

 

 

HB1833- 321 -LRB104 09303 RTM 19361 b

1the Department, Section 4 of the Water Commission Act of 1985,
2subsections (b), (c) and (d) of Section 5.01 of the Local Mass
3Transit District Act, or subsections (e), (m), and (r) of
4Section 6.02 of the Metropolitan Mobility Authority Act (e),
5(f) and (g) of Section 4.03 of the Regional Transportation
6Authority Act, from such holder. Subject to reasonable rules
7of the Department, a credit memorandum issued hereunder may be
8assigned by the holder thereof to any other person for use in
9paying tax or penalty or interest which may be due or become
10due under this Act, the Service Use Tax Act, the Retailers'
11Occupation Tax Act, the Use Tax Act, any local occupation or
12use tax administered by the Department, Section 4 of the Water
13Commission Act of 1985, subsections (b), (c) and (d) of
14Section 5.01 of the Local Mass Transit District Act, or
15subsections (e), (m), and (r) of Section 6.02 of the
16Metropolitan Mobility Authority Act (e), (f) and (g) of
17Section 4.03 of the Regional Transportation Authority Act,
18from the assignee.
19    In any case in which there has been an erroneous refund of
20tax payable under this Act, a notice of tax liability may be
21issued at any time within 3 years from the making of that
22refund, or within 5 years from the making of that refund if it
23appears that any part of the refund was induced by fraud or the
24misrepresentation of a material fact. The amount of any
25proposed assessment set forth in the notice shall be limited
26to the amount of the erroneous refund.

 

 

HB1833- 322 -LRB104 09303 RTM 19361 b

1(Source: P.A. 91-901, eff. 1-1-01.)
 
2    Section 8.21. The Retailers' Occupation Tax Act is amended
3by changing Section 6 as follows:
 
4    (35 ILCS 120/6)  (from Ch. 120, par. 445)
5    Sec. 6. Credit memorandum or refund. If it appears, after
6claim therefor filed with the Department, that an amount of
7tax or penalty or interest has been paid which was not due
8under this Act, whether as the result of a mistake of fact or
9an error of law, except as hereinafter provided, then the
10Department shall issue a credit memorandum or refund to the
11person who made the erroneous payment or, if that person died
12or became a person under legal disability, to his or her legal
13representative, as such. For purposes of this Section, the tax
14is deemed to be erroneously paid by a retailer when the
15manufacturer of a motor vehicle sold by the retailer accepts
16the return of that automobile and refunds to the purchaser the
17selling price of that vehicle as provided in the New Vehicle
18Buyer Protection Act. When a motor vehicle is returned for a
19refund of the purchase price under the New Vehicle Buyer
20Protection Act, the Department shall issue a credit memorandum
21or a refund for the amount of tax paid by the retailer under
22this Act attributable to the initial sale of that vehicle.
23Claims submitted by the retailer are subject to the same
24restrictions and procedures provided for in this Act. If it is

 

 

HB1833- 323 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 324 -LRB104 09303 RTM 19361 b

1Section 4.03 of the Regional Transportation Authority Act, and
2the amount thereof applied by the Department against any tax
3or penalty or interest due or to become due under this Act or
4under the Use Tax Act, the Service Occupation Tax Act, the
5Service Use Tax Act, any local occupation or use tax
6administered by the Department, Section 4 of the Water
7Commission Act of 1985, subsections (b), (c) and (d) of
8Section 5.01 of the Local Mass Transit District Act, or
9subsections (e), (m), and (r) of Section 6.02 of the
10Metropolitan Mobility Authority Act (e), (f) and (g) of
11Section 4.03 of the Regional Transportation Authority Act,
12from such assignee. However, as to any claim for credit or
13refund filed with the Department on and after each January 1
14and July 1 no amount of tax or penalty or interest erroneously
15paid (either in total or partial liquidation of a tax or
16penalty or amount of interest under this Act) more than 3 years
17prior to such January 1 and July 1, respectively, shall be
18credited or refunded, except that if both the Department and
19the taxpayer have agreed to an extension of time to issue a
20notice of tax liability as provided in Section 4 of this Act,
21such claim may be filed at any time prior to the expiration of
22the period agreed upon. Notwithstanding any other provision of
23this Act to the contrary, for any period included in a claim
24for credit or refund for which the statute of limitations for
25issuing a notice of tax liability under this Act will expire
26less than 6 months after the date a taxpayer files the claim

 

 

HB1833- 325 -LRB104 09303 RTM 19361 b

1for credit or refund, the statute of limitations is
2automatically extended for 6 months from the date it would
3have otherwise expired.
4    No claim may be allowed for any amount paid to the
5Department, whether paid voluntarily or involuntarily, if paid
6in total or partial liquidation of an assessment which had
7become final before the claim for credit or refund to recover
8the amount so paid is filed with the Department, or if paid in
9total or partial liquidation of a judgment or order of court.
10No credit may be allowed or refund made for any amount paid by
11or collected from any claimant unless it appears (a) that the
12claimant bore the burden of such amount and has not been
13relieved thereof nor reimbursed therefor and has not shifted
14such burden directly or indirectly through inclusion of such
15amount in the price of the tangible personal property sold by
16him or her or in any manner whatsoever; and that no
17understanding or agreement, written or oral, exists whereby he
18or she or his or her legal representative may be relieved of
19the burden of such amount, be reimbursed therefor or may shift
20the burden thereof; or (b) that he or she or his or her legal
21representative has repaid unconditionally such amount to his
22or her vendee (1) who bore the burden thereof and has not
23shifted such burden directly or indirectly, in any manner
24whatsoever; (2) who, if he or she has shifted such burden, has
25repaid unconditionally such amount to his own vendee; and (3)
26who is not entitled to receive any reimbursement therefor from

 

 

HB1833- 326 -LRB104 09303 RTM 19361 b

1any other source than from his or her vendor, nor to be
2relieved of such burden in any manner whatsoever. No credit
3may be allowed or refund made for any amount paid by or
4collected from any claimant unless it appears that the
5claimant has unconditionally repaid, to the purchaser, any
6amount collected from the purchaser and retained by the
7claimant with respect to the same transaction under the Use
8Tax Act.
9    Any credit or refund that is allowed under this Section
10shall bear interest at the rate and in the manner specified in
11the Uniform Penalty and Interest Act.
12    In case the Department determines that the claimant is
13entitled to a refund, such refund shall be made only from the
14Aviation Fuel Sales Tax Refund Fund or from such appropriation
15as may be available for that purpose, as appropriate. If it
16appears unlikely that the amount available would permit
17everyone having a claim allowed during the period covered by
18such appropriation or from the Aviation Fuel Sales Tax Refund
19Fund, as appropriate, to elect to receive a cash refund, the
20Department, by rule or regulation, shall provide for the
21payment of refunds in hardship cases and shall define what
22types of cases qualify as hardship cases.
23    If a retailer who has failed to pay retailers' occupation
24tax on gross receipts from retail sales is required by the
25Department to pay such tax, such retailer, without filing any
26formal claim with the Department, shall be allowed to take

 

 

HB1833- 327 -LRB104 09303 RTM 19361 b

1credit against such retailers' occupation tax liability to the
2extent, if any, to which such retailer has paid an amount
3equivalent to retailers' occupation tax or has paid use tax in
4error to his or her vendor or vendors of the same tangible
5personal property which such retailer bought for resale and
6did not first use before selling it, and no penalty or interest
7shall be charged to such retailer on the amount of such credit.
8However, when such credit is allowed to the retailer by the
9Department, the vendor is precluded from refunding any of that
10tax to the retailer and filing a claim for credit or refund
11with respect thereto with the Department. The provisions of
12this amendatory Act shall be applied retroactively, regardless
13of the date of the transaction.
14(Source: P.A. 101-10, eff. 6-5-19; 102-40, eff. 6-25-21.)
 
15    Section 8.22. The Governmental Tax Reform Validation Act
16is amended by changing Section 10 as follows:
 
17    (35 ILCS 165/10)
18    Sec. 10. Re-enactment; findings; purpose; validation.
19    (a) The General Assembly finds and declares that:
20        (1) The amendatory provisions of this Act were first
21    enacted by Public Act 85-1135 and all related to taxation.
22            (A) Article I of Public Act 85-1135, effective
23        July 28, 1988, contained provisions stating
24        legislative intent.

 

 

HB1833- 328 -LRB104 09303 RTM 19361 b

1            (B) Article II of Public Act 85-1135, effective
2        January 1, 1990, contained provisions amending or
3        creating Sections 8-11-1, 8-11-1.1, 8-11-1.2,
4        8-11-1.3, 8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16,
5        and 11-74.4-8a of the Illinois Municipal Code;
6        Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of "An
7        Act to revise the law in relation to counties";
8        Section 4 of the Water Commission Act of 1985; Section
9        5.01 of the Local Mass Transit District Act; Sections
10        5.12, 6.02, 6.05, and 6.08 of the Metropolitan
11        Mobility Authority Act Sections 4.01, 4.03, 4.04, and
12        4.09 of the Regional Transportation Authority Act;
13        Sections 3, 9, and 10b of the Use Tax Act; Sections 2,
14        3, 3d, 7a, 9, 10, 10b, and 15 of the Service Use Tax
15        Act; Sections 2, 3, 9, 13, 15, and 20.1 of the Service
16        Occupation Tax Act; Sections 2, 3, 5k, and 6d of the
17        Retailers' Occupation Tax Act; and Sections 5.240,
18        5.241, 6z-16, and 6z-17 of the State Finance Act.
19        Article II of Public Act 85-1135, effective January 1,
20        1990, also contained provisions repealing Sections
21        25.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a,
22        25.05-10, 25.05-10a, and 25.05-10.1 of "An Act to
23        revise the law in relation to counties" and Sections
24        10 and 14 of the Service Occupation Tax Act.
25            (C) Article III of Public Act 85-1135, effective
26        September 1, 1988, contained provisions further

 

 

HB1833- 329 -LRB104 09303 RTM 19361 b

1        amending Sections 3 and 9 of the Use Tax Act; Sections
2        2, 3, and 9 of the Service Use Tax Act; Sections 2, 3,
3        and 9 of the Service Occupation Tax Act; and Sections 2
4        and 3 of the Retailers' Occupation Tax Act; and
5        amending Section 2 of the State Revenue Sharing Act.
6            (D) Article IV of Public Act 85-1135, effective
7        July 28, 1988, contained provisions amending Section
8        6z-9 of the State Finance Act and creating Section .01
9        of the State Revenue Sharing Act.
10            (E) Article V of Public Act 85-1135, effective
11        July 28, 1988, contained provisions precluding any
12        effect on a pre-existing right, remedy, or liability
13        and authorizing enactment of home rule municipality
14        ordinances.
15        (2) Public Act 85-1135 also contained provisions
16    relating to State bonds and creating the Water Pollution
17    Control Revolving Fund loan program.
18        (3) On August 26, 1998, the Cook County Circuit Court
19    entered an order in the case of Oak Park Arms Associates v.
20    Whitley (No. 92 L 51045), in which it found that Public Act
21    85-1135 violates the single subject clause of the Illinois
22    Constitution (Article IV, Section 8(d)). As of the time
23    this Act was prepared, the order declaring P.A. 85-1135
24    invalid has been vacated but the case is subject to
25    appeal.
26        (4) The tax provisions of Public Act 85-1135 affect

 

 

HB1833- 330 -LRB104 09303 RTM 19361 b

1    many areas of vital concern to the people of this State.
2    The disruption of the tax reform contained in those
3    provisions could constitute a grave threat to the
4    continued health, safety, and welfare of the people of
5    this State.
6    (b) It is the purpose of this Act to prevent or minimize
7any problems relating to taxation that may result from
8challenges to the constitutional validity of Public Act
985-1135, by (1) re-enacting provisions from Public Act 85-1135
10and (2) validating all actions taken in reliance on those
11provisions from Public Act 85-1135.
12    (c) Because Public Act 86-962, effective January 1, 1990,
13renumbered Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of
14the Counties Code, this Act contains those provisions as
15renumbered under Sections 5-1006, 5-1007, 5-1008, 5-1009, and
165-1024 of the Counties Code. Because Public Act 86-1475,
17effective January 10, 1991, resectioned Section 3 of the Use
18Tax Act, Section 3 of the Service Use Tax Act, Section 3 of the
19Service Occupation Tax Act, and Section 2 of the Retailers'
20Occupation Tax Act, this Act contains those provisions as
21resectioned under Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25,
223-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75,
23and 3-80 of the Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20,
243-25, 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, and 3-65 of the
25Service Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25,
263-30, 3-35, 3-40, 3-45, and 3-50 of the Service Occupation Tax

 

 

HB1833- 331 -LRB104 09303 RTM 19361 b

1Act; and Sections 2, 2-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35,
22-40, 2-45, 2-50, 2-55, 2-60, 2-65 of the Retailers'
3Occupation Tax Act. Because Public Act 85-1440, effective
4February 1, 1989, renumbered Section 6z-16 of the State
5Finance Act and Section .01 of the State Revenue Sharing Act,
6this Act contains those provisions as renumbered under Section
76z-18 of the State Finance Act and Section 0.1 of the State
8Revenue Sharing Act. Sections 10b of the Use Tax Act, 10b of
9the Service Use Tax Act, 20.1 of the Service Occupation Tax
10Act, and 6d of the Retailers' Occupation Tax Act have been
11omitted from this Act because they were repealed by Public Act
1287-1258, effective January 7, 1993.
13    (d) This Act re-enacts Section 1 of Article I of Public Act
1485-1135; Sections 8-11-1, 8-11-1.1, 8-11-1.2, 8-11-1.3,
158-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16, and 11-74.4-8a of
16the Illinois Municipal Code; Sections 5-1006, 5-1007, 5-1008,
175-1009, and 5-1024 of the Counties Code; Section 4 of the Water
18Commission Act of 1985; Section 5.01 of the Local Mass Transit
19District Act; Sections 5.12, 6.02, 6.05, and 6.08 of the
20Metropolitan Mobility Authority Act Sections 4.01, 4.03, 4.04,
21and 4.09 of the Regional Transportation Authority Act;
22Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40,
233-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75, 3-80, 9, and 10b of
24the Use Tax Act; Sections 2, 3, 3-5, 3-10, 3-15, 3-20, 3-25,
253-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3d, 7a, 9, 10,
2610b, and 15 of the Service Use Tax Act; Sections 2, 3, 3-5,

 

 

HB1833- 332 -LRB104 09303 RTM 19361 b

13-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 9, 13,
215, and 20.1 of the Service Occupation Tax Act; Sections 2,
32-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35, 2-40, 2-45, 2-50,
42-55, 2-60, 2-65, 3, 5k, and 6d of the Retailers' Occupation
5Tax Act; Sections 5.240, 5.241, 6z-9, 6z-17, and 6z-18 of the
6State Finance Act; Sections 0.1 and 2 of the State Revenue
7Sharing Act; and Sections 1 and 2 of Article V of Public Act
885-1135 as they have been amended. It also re-repeals Sections
925.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a, 25.05-10,
1025.05-10a, and 25.05-10.1 of "An Act to revise the law in
11relation to counties" and Sections 10 and 14 of the Service
12Occupation Tax Act. This re-enactment and re-repeal is
13intended to remove any questions as to the validity or content
14of those Sections; it is not intended to supersede any other
15Public Act that amends the text of a Section as set forth in
16this Act. The re-enacted material in this Act is shown as
17existing text (i.e., without underscoring) because, as of the
18time this Act was prepared, the order declaring P.A. 85-1135
19invalid has been vacated.
20    (e) In Sections 100 and 900 of this Act, references to
21"this amendatory Act of 1988" mean Public Act 85-1135, as
22re-enacted by this Act.
23    (f) The re-enactment or re-repeal of Sections of Public
24Act 85-1135 by this Act is not intended, and shall not be
25construed, to imply that Public Act 85-1135 is invalid or to
26limit or impair any legal argument (1) upholding the validity

 

 

HB1833- 333 -LRB104 09303 RTM 19361 b

1of Public Act 85-1135 or (2) concerning whether the provisions
2of Public Act 85-1135 were substantially re-enacted by other
3Public Acts.
4    (g) All otherwise lawful actions taken in reasonable
5reliance on or pursuant to the Sections re-enacted by this
6Act, as set forth in Public Act 85-1135 or subsequently
7amended, by any officer, employee, agency, or unit of State or
8local government or by any other person or entity, are hereby
9validated.
10    With respect to actions taken in relation to matters
11arising under the Sections re-enacted by this Act, as set
12forth in Public Act 85-1135 or subsequently amended, a person
13is rebuttably presumed to have acted in reasonable reliance on
14and pursuant to the provisions of Public Act 85-1135, as those
15provisions had been amended at the time the action was taken.
16    (h) With respect to its administration of matters arising
17under the Sections re-enacted by this Act, the Department of
18Revenue shall continue to apply the provisions of Public Act
1985-1135, as those provisions had been amended at the relevant
20time.
21    (i) This Act applies, without limitation, to proceedings
22pending on or after the effective date of this Act.
23(Source: P.A. 91-51, eff. 6-30-99.)
 
24    Section 8.23. The Simplified Sales and Use Tax
25Administration Act is amended by changing Section 2 as

 

 

HB1833- 334 -LRB104 09303 RTM 19361 b

1follows:
 
2    (35 ILCS 171/2)
3    Sec. 2. Definitions. As used in this Act:
4    (a) "Agreement" means the Streamlined Sales and Use Tax
5Agreement as amended and adopted on January 27, 2001.
6    (b) "Certified Automated System" means software certified
7jointly by the states that are signatories to the Agreement to
8calculate the tax imposed by each jurisdiction on a
9transaction, determine the amount of tax to remit to the
10appropriate state, and maintain a record of the transaction.
11    (c) "Certified Service Provider" means an agent certified
12jointly by the states that are signatories to the Agreement to
13perform all of the seller's sales tax functions.
14    (d) "Person" means an individual, trust, estate,
15fiduciary, partnership, limited liability company, limited
16liability partnership, corporation, or any other legal entity.
17    (e) "Sales Tax" means the tax levied under the Service
18Occupation Tax Act (35 ILCS 115/) and the Retailers'
19Occupation Tax Act (35 ILCS 120/). "Sales tax" also means any
20local sales tax levied under the Home Rule Municipal
21Retailers' Occupation Tax Act (65 ILCS 5/8-11-1), the Non-Home
22Rule Municipal Retailers' Occupation Tax Act (65 ILCS
235/8-11-1.3), the Non-Home Rule Municipal Service Occupation
24Tax Act (65 ILCS 5/8-11-1.4), the Home Rule Municipal Service
25Occupation Tax (65 ILCS 5/8-11-5), the Home Rule County

 

 

HB1833- 335 -LRB104 09303 RTM 19361 b

1Retailers' Occupation Tax Law (55 ILCS 5/5-1006), the Special
2County Occupation Tax for Public Safety, Public Facilities,
3Mental Health, Substance Abuse, or Transportation Law (55 ILCS
45/5-1006.5), the Home Rule County Service Occupation Tax Law
5(55 ILCS 5/5-1007), subsection (b) of the Rock Island County
6Use and Occupation Tax Law (55 ILCS 5/5-1008.5(b)), the Metro
7East Mass Transit District Retailers' Occupation Tax (70 ILCS
83610/5.01(b)), the Metro East Mass Transit District Service
9Occupation Tax (70 ILCS 3610/5.01(c)), the Metropolitan
10Mobility Regional Transportation Authority Retailers'
11Occupation Tax (subsection (e) of Section 6.02 of the
12Metropolitan Mobility Authority Act) 70 ILCS 3615/4.03(e) ),
13the Metropolitan Mobility Regional Transportation Authority
14Service Occupation Tax (70 ILCS 3615/4.03(f)), the County
15Water Commission Retailers' Occupation Tax (70 ILCS
163720/4(b)), or the County Water Commission Service Occupation
17Tax (70 ILCS 3720/4(c)).
18    (f) "Seller" means any person making sales of personal
19property or services.
20    (g) "State" means any state of the United States and the
21District of Columbia.
22    (h) "Use tax" means the tax levied under the Use Tax Act
23(35 ILCS 105/) and the Service Use Tax Act (35 ILCS 110/). "Use
24tax" also means any local use tax levied under the Home Rule
25Municipal Use Tax Act (65 ILCS 5/8-11-6(b)), provided that the
26State and the municipality have entered into an agreement that

 

 

HB1833- 336 -LRB104 09303 RTM 19361 b

1provides for administration of the tax by the State.
2(Source: P.A. 100-1167, eff. 1-4-19.)
 
3    Section 8.24. The Property Tax Code is amended by changing
4Section 15-100 as follows:
 
5    (35 ILCS 200/15-100)
6    Sec. 15-100. Public transportation systems.
7    (a) All property belonging to any municipal corporation
8created for the sole purpose of owning and operating a
9transportation system for public service is exempt.
10    (b) Property owned by (i) a municipal corporation of
11500,000 or more inhabitants, used for public transportation
12purposes, and operated by the Metropolitan Mobility Chicago
13Transit Authority; (ii) the Metropolitan Mobility Regional
14Transportation Authority; (iii) (blank); or any service board
15or division of the Regional Transportation Authority; (iv) the
16Northeast Illinois Regional Commuter Railroad Corporation; or
17(v) the Chicago Transit Authority shall be exempt. For
18purposes of this Section alone, the Metropolitan Mobility
19Authority Regional Transportation Authority, any service board
20or division of the Regional Transportation Authority, the
21Northeast Illinois Regional Commuter Railroad Corporation, the
22Chicago Transit Authority, or a municipal corporation, as
23defined in item (i), shall be deemed an "eligible
24transportation authority". The exemption provided in this

 

 

HB1833- 337 -LRB104 09303 RTM 19361 b

1subsection shall not be affected by any transaction in which,
2for the purpose of obtaining financing, the eligible
3transportation authority, directly or indirectly, leases or
4otherwise transfers such property to another whose property is
5not exempt and immediately thereafter enters into a leaseback
6or other agreement that directly or indirectly gives the
7eligible transportation authority a right to use, control, and
8possess the property. In the case of a conveyance of such
9property, the eligible transportation authority must retain an
10option to purchase the property at a future date or, within the
11limitations period for reverters, the property must revert
12back to the eligible transportation authority.
13    (c) If such property has been conveyed as described in
14subsection (b), the property will no longer be exempt pursuant
15to this Section as of the date when:
16        (1) the right of the eligible transportation authority
17    to use, control, and possess the property has been
18    terminated;
19        (2) the eligible transportation authority no longer
20    has an option to purchase or otherwise acquire the
21    property; and
22        (3) there is no provision for a reverter of the
23    property to the eligible transportation authority within
24    the limitations period for reverters.
25    (d) Pursuant to Sections 15-15 and 15-20 of this Code, the
26eligible transportation authority shall notify the chief

 

 

HB1833- 338 -LRB104 09303 RTM 19361 b

1county assessment officer of any transaction under subsection
2(b) of this Section. The chief county assessment officer shall
3determine initial and continuing compliance with the
4requirements of this Section for tax exemption. Failure to
5notify the chief county assessment officer of a transaction
6under this Section or to otherwise comply with the
7requirements of Sections 15-15 and 15-20 of this Code shall,
8in the discretion of the chief county assessment officer,
9constitute cause to terminate the exemption, notwithstanding
10any other provision of this Code.
11    (e) No provision of this Section shall be construed to
12affect the obligation of the eligible transportation authority
13to which an exemption certificate has been issued under this
14Section from its obligation under Section 15-10 of this Code
15to file an annual certificate of status or to notify the chief
16county assessment officer of transfers of interest or other
17changes in the status of the property as required by this Code.
18    (f) The changes made by this amendatory Act of 1997 are
19declarative of existing law and shall not be construed as a new
20enactment.
21(Source: P.A. 90-562, eff. 12-16-97.)
 
22    Section 8.25. The Motor Fuel Tax Law is amended by
23changing Section 8b as follows:
 
24    (35 ILCS 505/8b)

 

 

HB1833- 339 -LRB104 09303 RTM 19361 b

1    Sec. 8b. Transportation Renewal Fund; creation;
2distribution of proceeds.
3    (a) The Transportation Renewal Fund is hereby created as a
4special fund in the State treasury. Moneys in the Fund shall be
5used as provided in this Section:
6        (1) 80% of the moneys in the Fund shall be used for
7    highway maintenance, highway construction, bridge repair,
8    congestion relief, and construction of aviation
9    facilities; of that 80%:
10            (A) the State Comptroller shall order transferred
11        and the State Treasurer shall transfer 60% to the
12        State Construction Account Fund; those moneys shall be
13        used solely for construction, reconstruction,
14        improvement, repair, maintenance, operation, and
15        administration of highways and are limited to payments
16        made pursuant to design and construction contracts
17        awarded by the Department of Transportation;
18            (B) 40% shall be distributed by the Department of
19        Transportation to municipalities, counties, and road
20        districts of the State using the percentages set forth
21        in subdivisions (A), (B), (C), and (D) of paragraph
22        (2) of subsection (e) of Section 8; distributions to
23        particular municipalities, counties, and road
24        districts under this subdivision (B) shall be made
25        according to the allocation procedures described for
26        municipalities, counties, and road districts in

 

 

HB1833- 340 -LRB104 09303 RTM 19361 b

1        subsection (e) of Section 8 and shall be subject to the
2        same requirements and limitations described in that
3        subsection; and
4        (2) 20% of the moneys in the Fund shall be used for
5    projects related to rail facilities and mass transit
6    facilities, as defined in Section 2705-305 of the
7    Department of Transportation Law of the Civil
8    Administrative Code of Illinois, including rapid transit,
9    rail, high-speed rail, bus and other equipment in
10    connection with the State or a unit of local government,
11    special district, municipal corporation, or other public
12    agency authorized to provide and promote public
13    transportation within the State; of that 20%:
14            (A) 90% shall be deposited into the Metropolitan
15        Mobility Regional Transportation Authority Capital
16        Improvement Fund, a special fund created in the State
17        treasury Treasury; moneys in the Metropolitan Mobility
18        Regional Transportation Authority Capital Improvement
19        Fund shall be used by the Metropolitan Mobility
20        Regional Transportation Authority for construction,
21        improvements, and deferred maintenance on mass transit
22        facilities and acquisition of buses and other
23        equipment; and
24            (B) 10% shall be deposited into the Downstate Mass
25        Transportation Capital Improvement Fund, a special
26        fund created in the State treasury Treasury; moneys in

 

 

HB1833- 341 -LRB104 09303 RTM 19361 b

1        the Downstate Mass Transportation Capital Improvement
2        Fund shall be used by local mass transit districts
3        other than the Metropolitan Mobility Regional
4        Transportation Authority for construction,
5        improvements, and deferred maintenance on mass transit
6        facilities and acquisition of buses and other
7        equipment.
8    (b) (Blank).
9(Source: P.A. 103-866, eff. 8-9-24.)
 
10    Section 8.26. The Postage Stamp Vending Machine Act is
11amended by changing Section 1 as follows:
 
12    (35 ILCS 815/1)  (from Ch. 121 1/2, par. 911)
13    Sec. 1. Vending machines which vend only United States
14postage stamps are exempt from license fees or any excise or
15license tax levied by the State of Illinois or any county or
16municipality or other taxing district thereof, but are not
17exempt from State, county, municipal, or Metropolitan Mobility
18Regional Transportation Authority occupation and use taxes.
19(Source: P.A. 82-985.)
 
20    Section 8.27. The Illinois Pension Code is amended by
21changing Sections 8-230.1, 11-221.1, 18-112, 22-101, 22-101B,
2222-103, and 22-105 as follows:
 

 

 

HB1833- 342 -LRB104 09303 RTM 19361 b

1    (40 ILCS 5/8-230.1)  (from Ch. 108 1/2, par. 8-230.1)
2    Sec. 8-230.1. Right of employees to contribute for certain
3other service. Any employee in the service, after having made
4contributions covering a period of 10 or more years to the
5annuity and benefit fund herein provided for, may elect to pay
6for and receive credit for all annuity purposes for service
7theretofore rendered by the employee to the Chicago Transit
8Authority created by the Metropolitan Transit Authority Act
9(repealed) or its predecessor public utilities; provided that
10the last 5 years of service prior to retirement on annuity
11shall have been as an employee of the City and a contributor to
12this Fund. Such service credit may be paid for and granted on
13the same basis and conditions as are applicable in the case of
14employees who make payment for past service under the
15provisions of Section 8-230, but on the assumption that the
16employee's salary throughout all of his or her service with
17the Authority or its predecessor public utilities was at the
18rate of the employee's salary at the later of the date of his
19or her entrance or reentrance into the service as a municipal
20employee, as applicable. In no event, however, shall such
21service be credited if the employee has not forfeited and
22relinquished pension credit for service covering such period
23under any pension or retirement plan applicable to the
24Authority or its predecessor public utilities and instituted
25and maintained by the Authority or its predecessor public
26utilities for the benefit of its employees.

 

 

HB1833- 343 -LRB104 09303 RTM 19361 b

1(Source: P.A. 103-455, eff. 1-1-24.)
 
2    (40 ILCS 5/11-221.1)  (from Ch. 108 1/2, par. 11-221.1)
3    Sec. 11-221.1. Right of employees to contribute for
4certain other service. Any employee in the service, after
5having made contributions covering a period of 10 or more
6years to the annuity and benefit fund herein provided for, may
7elect to pay for and receive credit for all annuity purposes
8for service theretofore rendered by the employee to the
9Chicago Transit Authority created by the Metropolitan Transit
10Authority Act (repealed); provided that if the employee has
11more than 10 years of such service, only the last 10 years of
12such service shall be credited. Such service credit may be
13paid for and granted on the same basis and conditions as are
14applicable in the case of employees who make payment for past
15service under the provisions of Section 11-221, but on the
16assumption that the employee's salary throughout all of his or
17her service with the Authority was at the rate of the
18employee's salary at the date of his or her entrance into the
19service as an employee. In no event, however, shall such
20service be credited if the employee has not forfeited and
21relinquished pension credit for service covering such period
22under any pension or retirement plan applicable to the
23Authority and instituted and maintained by the Authority for
24the benefit of its employees.
25(Source: P.A. 90-655, eff. 7-30-98.)
 

 

 

HB1833- 344 -LRB104 09303 RTM 19361 b

1    (40 ILCS 5/18-112)  (from Ch. 108 1/2, par. 18-112)
2    Sec. 18-112. Service. "Service": The period beginning on
3the day a person first became a judge, whether prior or
4subsequent to the effective date, and ending on the date under
5consideration, excluding all intervening periods during which
6he or she was not a judge following resignation or expiration
7of any term of election or appointment.
8    Service also includes the following: (a) Any period prior
9to January 1, 1964 during which a judge served as a justice of
10the peace, police magistrate or master in chancery, or as a
11civil referee, commissioner or trial assistant to the chief
12judge in the Municipal Court of Chicago, or performed judicial
13duties as an assistant to the judge of the Probate Court of
14Cook County. A judge shall be entitled to credit for all or as
15much as the judge may desire of such service, not exceeding 8
16years, upon payment of the participant's contribution covering
17such service at the contribution rates in effect on July 1,
181969, together with interest at 4% per annum compounded
19annually, from the dates the service was rendered to the date
20of payment, provided credit for such service had not been
21granted in any public pension fund or retirement system in the
22State. The required contributions shall be based upon the rate
23of salary in effect for the judge on the date he or she entered
24the system or on January 1, 1964, whichever is later.
25    (b) Service rendered after January 1, 1964, as a holdover

 

 

HB1833- 345 -LRB104 09303 RTM 19361 b

1magistrate or master in chancery of the Circuit Court. A judge
2shall be entitled to credit for any period of such service, not
3exceeding a total of 8 years, together with the period of
4service taken into account in paragraph (a). Service credit
5under this paragraph is subject to the same contribution
6requirements and other limitations that are prescribed for
7service credit under paragraph (a).
8    (c) Any period that a participant served as a member of the
9General Assembly, subject to the following conditions:
10    (1) He or she has been a participant in this system for at
11least 4 years and has contributed to the system for service
12rendered as a member of the General Assembly subsequent to
13November 1, 1941, at the contribution rates in effect for a
14judge on the date of becoming a participant, including
15interest at 3% per annum compounded annually from the date
16such service was rendered to the date of payment, based on the
17salary in effect during such period of service; and
18    (2) The participant is not entitled to credit for such
19service in any other public retirement system in the State.
20    (d) Any period a participant served as a judge or
21commissioner of the Court of Claims of this State after
22November 1, 1941, provided he or she contributes to the system
23at the contribution rates in effect on the date of becoming a
24participant, based on salary received during such service,
25including interest at 3% per annum compounded annually from
26the date such service was rendered to the date of payment.

 

 

HB1833- 346 -LRB104 09303 RTM 19361 b

1    (e) Any period that a participant served as State's
2Attorney or Public Defender of any county of this State,
3subject to the following conditions: (1) such service was not
4credited under any public pension fund or retirement system;
5(2) the maximum service to be credited in this system shall be
68 years; (3) the participant must have at least 6 years of
7service as a judge and as a participant of this system; and (4)
8the participant has made contributions to the system for such
9service at the contribution rates in effect on the date of
10becoming a participant in this system based upon the salary of
11the judge on such date, including interest at 4% per annum
12compounded annually from such date to the date of payment.
13    A judge who terminated service before January 26, 1988 and
14whose retirement annuity began after January 1, 1988 may
15establish credit for service as a Public Defender in
16accordance with the other provisions of this subsection by
17making application and paying the required contributions to
18the Board not later than 30 days after August 23, 1989. In such
19cases, the Board shall recalculate the retirement annuity,
20effective on the first day of the next calendar month
21beginning at least 30 days after the application is received.
22    (f) Any period as a participating policeman, employee or
23teacher under Article 5, 14 or 16 of this Code, subject to the
24following conditions: (1) the credits accrued under Article 5,
2514 or 16 have been transferred to this system; and (2) the
26participant has contributed to the system an amount equal to

 

 

HB1833- 347 -LRB104 09303 RTM 19361 b

1(A) contributions at the rate in effect for participants at
2the date of membership in this system based upon the salary of
3the judge on such date, (B) the employer's share of the normal
4cost under this system for each year that credit is being
5established, based on the salary in effect at the date of
6membership in this system, and (C) interest at 6% per annum,
7compounded annually, from the date of membership to the date
8of payment; less (D) the amount transferred on behalf of the
9participant from Article 5, 14 or 16.
10    (g) Any period that a participant served as the
11Administrative Director of the Circuit Court of Cook County,
12as Executive Director of the Home Rule Commission, as
13assistant corporation counsel in the Chicago Law Department,
14or as an employee of the Cook County Treasurer, subject to the
15following conditions: (1) the maximum amount of such service
16which may be credited is 10 years; (2) in order to qualify for
17such credit in this system, a judge must have at least 6 years
18of service as a judge and participant of this system; (3) the
19last 6 years of service credited in this system shall be as a
20judge and a participant in this system; (4) credits accrued to
21the participant under any other public pension fund or public
22retirement system in the State, if any, by reason of the
23service to be established under this paragraph (g) has been
24transferred to this system; and (5) the participant has
25contributed to this system the amount, if any, by which the
26amount transferred pursuant to subdivision (4) of this

 

 

HB1833- 348 -LRB104 09303 RTM 19361 b

1paragraph, if any, is less than the amount which the
2participant would have contributed to the system during the
3period of time being counted as service under this paragraph
4had the participant been a judge participating in this system
5during that time, based on the rate of contribution in effect
6and the salary earned by the participant on the date he or she
7became a participant, with interest accruing on such
8deficiency at a rate of 5% per annum from the date he or she
9became a participant through the date on which such deficiency
10is paid.
11    (h) Any period that a participant served as a full-time
12attorney employed by the Chicago Transit Authority created by
13the Metropolitan Transit Authority Act (repealed), subject to
14the following conditions: (1) any credit received for such
15service in the pension fund established under Section 22-101
16has been terminated; (2) the maximum amount of such service to
17be credited in this system shall be 10 years; (3) the
18participant must have at least 6 years of service as a judge
19and as a participant of this system; and (4) the participant
20has made contributions to the system for such service at the
21contribution rates in effect on the date of becoming a
22participant in this system based upon the salary of the judge
23on such date, including interest at 5% per annum compounded
24annually from such date to the date of payment.
25    (i) Any period during which a participant received
26temporary total disability benefit payments, as provided in

 

 

HB1833- 349 -LRB104 09303 RTM 19361 b

1Section 18-126.1.
2    Service during a fraction of a month shall be considered a
3month of service, but no more than one month of service shall
4be credited for all service during any calendar month.
5(Source: P.A. 86-272; 86-273; 86-1028; 87-1265.)
 
6    (40 ILCS 5/22-101)  (from Ch. 108 1/2, par. 22-101)
7    Sec. 22-101. Retirement Plan for Chicago Transit Authority
8Employees.
9    (a) There shall be established and maintained by the
10Metropolitan Mobility Authority created by the Metropolitan
11Mobility Authority Act the Authority created by the
12"Metropolitan Transit Authority Act", approved April 12, 1945,
13as amended, (referred to in this Section as the "Authority") a
14financially sound pension and retirement system adequate to
15provide for all payments when due under such established
16system or as modified from time to time by ordinance of the
17Authority Chicago Transit Board or collective bargaining
18agreement. For this purpose, the Metropolitan Mobility
19Authority Board must make contributions to the established
20system as required under this Section and may make any
21additional contributions provided for by Board ordinance or
22collective bargaining agreement. The participating employees
23shall make such periodic payments to the established system as
24required under this Section and may make any additional
25contributions provided for by Board ordinance or collective

 

 

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1bargaining agreement.
2    Provisions shall be made by the Board for all officers,
3except those who first become members on or after January 1,
42012, and employees of the Authority appointed pursuant to the
5"Metropolitan Transit Authority Act" (repealed) to become,
6subject to reasonable rules and regulations, participants of
7the pension or retirement system with uniform rights,
8privileges, obligations and status as to the class in which
9such officers and employees belong. The terms, conditions and
10provisions of any pension or retirement system or of any
11amendment or modification thereof affecting employees who are
12members of any labor organization may be established, amended
13or modified by agreement with such labor organization,
14provided the terms, conditions and provisions must be
15consistent with this Act, the annual funding levels for the
16retirement system established by law must be met and the
17benefits paid to future participants in the system may not
18exceed the benefit ceilings set for future participants under
19this Act and the contribution levels required by the Authority
20and its employees may not be less than the contribution levels
21established under this Act.
22    (b) The Board of Trustees shall consist of 11 members
23appointed as follows: (i) 6 5 trustees shall be appointed by
24the Metropolitan Mobility Authority Board Chicago Transit
25Board; (ii) 3 trustees shall be appointed by an organization
26representing the highest number of Chicago Transit Authority

 

 

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1participants; (iii) one trustee shall be appointed by an
2organization representing the second-highest number of Chicago
3Transit Authority participants; and (iv) one trustee shall be
4appointed by the recognized coalition representatives of
5participants who are not represented by an organization with
6the highest or second-highest number of Chicago Transit
7Authority participants; and (v) one trustee shall be selected
8by the Regional Transportation Authority Board of Directors,
9and the trustee shall be a professional fiduciary who has
10experience in the area of collectively bargained pension
11plans. Those trustees serving on the effective date of this
12amendatory Act of the 104th General Assembly appointed by the
13Chicago Transit Board and the Regional Transportation
14Authority Board of Directors shall continue serving until
15their terms end or they are replaced by the Metropolitan
16Mobility Authority Board. Trustees shall serve until a
17successor has been appointed and qualified, or until
18resignation, death, incapacity, or disqualification.
19    Any person appointed as a trustee of the board shall
20qualify by taking an oath of office that he or she will
21diligently and honestly administer the affairs of the system
22and will not knowingly violate or willfully permit the
23violation of any of the provisions of law applicable to the
24Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110,
251-111, 1-114, and 1-115 of the Illinois Pension Code.
26    Each trustee shall cast individual votes, and a majority

 

 

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1vote shall be final and binding upon all interested parties,
2provided that the Board of Trustees may require a
3supermajority vote with respect to the investment of the
4assets of the Retirement Plan, and may set forth that
5requirement in the Retirement Plan documents, by-laws, or
6rules of the Board of Trustees. Each trustee shall have the
7rights, privileges, authority, and obligations as are usual
8and customary for such fiduciaries.
9    The Board of Trustees may cause amounts on deposit in the
10Retirement Plan to be invested in those investments that are
11permitted investments for the investment of moneys held under
12any one or more of the pension or retirement systems of the
13State, any unit of local government or school district, or any
14agency or instrumentality thereof. The Board, by a vote of at
15least two-thirds of the trustees, may transfer investment
16management to the Illinois State Board of Investment, which is
17hereby authorized to manage these investments when so
18requested by the Board of Trustees.
19    Notwithstanding any other provision of this Article or any
20law to the contrary, any person who first became becomes a
21member of the Chicago Transit Board on or after January 1, 2012
22shall not be eligible to participate in this Retirement Plan.
23    (c) All individuals who were previously participants in
24the Retirement Plan for Chicago Transit Authority Employees
25shall remain participants, and shall receive the same benefits
26established by the Retirement Plan for Chicago Transit

 

 

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1Authority Employees, except as provided in this amendatory Act
2or by subsequent legislative enactment or amendment to the
3Retirement Plan. For Authority employees hired on or after the
4effective date of this amendatory Act of the 95th General
5Assembly, the Retirement Plan for Chicago Transit Authority
6Employees shall be the exclusive retirement plan and such
7employees shall not be eligible for any supplemental plan,
8except for a deferred compensation plan funded only by
9employee contributions.
10    For all Authority employees who are first hired on or
11after the effective date of this amendatory Act of the 95th
12General Assembly and are participants in the Retirement Plan
13for Chicago Transit Authority Employees, the following terms,
14conditions and provisions with respect to retirement shall be
15applicable:
16        (1) Such participant shall be eligible for an
17    unreduced retirement allowance for life upon the
18    attainment of age 64 with 25 years of continuous service.
19        (2) Such participant shall be eligible for a reduced
20    retirement allowance for life upon the attainment of age
21    55 with 10 years of continuous service.
22        (3) For the purpose of determining the retirement
23    allowance to be paid to a retiring employee, the term
24    "Continuous Service" as used in the Retirement Plan for
25    Chicago Transit Authority Employees shall also be deemed
26    to include all pension credit for service with any

 

 

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1    retirement system established under Article 8 or Article
2    11 of this Code, provided that the employee forfeits and
3    relinquishes all pension credit under Article 8 or Article
4    11 of this Code, and the contribution required under this
5    subsection is made by the employee. The Retirement Plan's
6    actuary shall determine the contribution paid by the
7    employee as an amount equal to the normal cost of the
8    benefit accrued, had the service been rendered as an
9    employee, plus interest per annum from the time such
10    service was rendered until the date the payment is made.
11    (d) From the effective date of this amendatory Act through
12December 31, 2008, all participating employees shall
13contribute to the Retirement Plan in an amount not less than 6%
14of compensation, and the Authority shall contribute to the
15Retirement Plan in an amount not less than 12% of
16compensation.
17    (e)(1) Beginning January 1, 2009 the Authority shall make
18contributions to the Retirement Plan in an amount equal to
19twelve percent (12%) of compensation and participating
20employees shall make contributions to the Retirement Plan in
21an amount equal to six percent (6%) of compensation. These
22contributions may be paid by the Authority and participating
23employees on a payroll or other periodic basis, but shall in
24any case be paid to the Retirement Plan at least monthly.
25    (2) For the period ending December 31, 2040, the amount
26paid by the Authority in any year with respect to debt service

 

 

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1on bonds issued for the purposes of funding a contribution to
2the Retirement Plan under Section 12c of the Metropolitan
3Transit Authority Act (repealed), other than debt service paid
4with the proceeds of bonds or notes issued by the Authority for
5any year after calendar year 2008, shall be treated as a credit
6against the amount of required contribution to the Retirement
7Plan by the Authority under subsection (e)(1) for the
8following year up to an amount not to exceed 6% of compensation
9paid by the Authority in that following year.
10    (3) By September 15 of each year beginning in 2009 and
11ending on December 31, 2039, on the basis of a report prepared
12by an enrolled actuary retained by the Plan, the Board of
13Trustees of the Retirement Plan shall determine the estimated
14funded ratio of the total assets of the Retirement Plan to its
15total actuarially determined liabilities. A report containing
16that determination and the actuarial assumptions on which it
17is based shall be filed with the Authority, the
18representatives of its participating employees, the Auditor
19General of the State of Illinois, and the Metropolitan
20Mobility Regional Transportation Authority. If the funded
21ratio is projected to decline below 60% in any year before
222040, the Board of Trustees shall also determine the increased
23contribution required each year as a level percentage of
24payroll over the years remaining until 2040 using the
25projected unit credit actuarial cost method so the funded
26ratio does not decline below 60% and include that

 

 

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1determination in its report. If the actual funded ratio
2declines below 60% in any year prior to 2040, the Board of
3Trustees shall also determine the increased contribution
4required each year as a level percentage of payroll during the
5years after the then current year using the projected unit
6credit actuarial cost method so the funded ratio is projected
7to reach at least 60% no later than 10 years after the then
8current year and include that determination in its report.
9Within 60 days after receiving the report, the Auditor General
10shall review the determination and the assumptions on which it
11is based, and if he finds that the determination and the
12assumptions on which it is based are unreasonable in the
13aggregate, he shall issue a new determination of the funded
14ratio, the assumptions on which it is based and the increased
15contribution required each year as a level percentage of
16payroll over the years remaining until 2040 using the
17projected unit credit actuarial cost method so the funded
18ratio does not decline below 60%, or, in the event of an actual
19decline below 60%, so the funded ratio is projected to reach
2060% by no later than 10 years after the then current year. If
21the Board of Trustees or the Auditor General determine that an
22increased contribution is required to meet the funded ratio
23required by the subsection, effective January 1 following the
24determination or 30 days after such determination, whichever
25is later, one-third of the increased contribution shall be
26paid by participating employees and two-thirds by the

 

 

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1Authority, in addition to the contributions required by this
2subsection (1).
3    (4) For the period beginning 2040, the minimum
4contribution to the Retirement Plan for each fiscal year shall
5be an amount determined by the Board of Trustees of the
6Retirement Plan to be sufficient to bring the total assets of
7the Retirement Plan up to 90% of its total actuarial
8liabilities by the end of 2059. Participating employees shall
9be responsible for one-third of the required contribution and
10the Authority shall be responsible for two-thirds of the
11required contribution. In making these determinations, the
12Board of Trustees shall calculate the required contribution
13each year as a level percentage of payroll over the years
14remaining to and including fiscal year 2059 using the
15projected unit credit actuarial cost method. A report
16containing that determination and the actuarial assumptions on
17which it is based shall be filed by September 15 of each year
18with the Authority, the representatives of its participating
19employees, the Auditor General of the State of Illinois and
20the Metropolitan Mobility Regional Transportation Authority.
21If the funded ratio is projected to fail to reach 90% by
22December 31, 2059, the Board of Trustees shall also determine
23the increased contribution required each year as a level
24percentage of payroll over the years remaining until December
2531, 2059 using the projected unit credit actuarial cost method
26so the funded ratio will meet 90% by December 31, 2059 and

 

 

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1include that determination in its report. Within 60 days after
2receiving the report, the Auditor General shall review the
3determination and the assumptions on which it is based and if
4he finds that the determination and the assumptions on which
5it is based are unreasonable in the aggregate, he shall issue a
6new determination of the funded ratio, the assumptions on
7which it is based and the increased contribution required each
8year as a level percentage of payroll over the years remaining
9until December 31, 2059 using the projected unit credit
10actuarial cost method so the funded ratio reaches no less than
1190% by December 31, 2059. If the Board of Trustees or the
12Auditor General determine that an increased contribution is
13required to meet the funded ratio required by this subsection,
14effective January 1 following the determination or 30 days
15after such determination, whichever is later, one-third of the
16increased contribution shall be paid by participating
17employees and two-thirds by the Authority, in addition to the
18contributions required by subsection (e)(1).
19    (5) Beginning in 2060, the minimum contribution for each
20year shall be the amount needed to maintain the total assets of
21the Retirement Plan at 90% of the total actuarial liabilities
22of the Plan, and the contribution shall be funded two-thirds
23by the Authority and one-third by the participating employees
24in accordance with this subsection.
25    (f) The Authority shall take the steps necessary to comply
26with Section 414(h)(2) of the Internal Revenue Code of 1986,

 

 

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1as amended, to permit the pick-up of employee contributions
2under subsections (d) and (e) on a tax-deferred basis.
3    (g) The Board of Trustees shall certify to the Governor,
4the General Assembly, the Auditor General, the Board of the
5Metropolitan Mobility Regional Transportation Authority, and
6the Authority at least 90 days prior to the end of each fiscal
7year the amount of the required contributions to the
8retirement system for the next retirement system fiscal year
9under this Section. The certification shall include a copy of
10the actuarial recommendations upon which it is based. In
11addition, copies of the certification shall be sent to the
12Commission on Government Forecasting and Accountability and
13the Mayor of Chicago.
14    (h)(1) As to an employee who first becomes entitled to a
15retirement allowance commencing on or after November 30, 1989,
16the retirement allowance shall be the amount determined in
17accordance with the following formula:
18        (A) One percent (1%) of his "Average Annual
19    Compensation in the highest four (4) completed Plan Years"
20    for each full year of continuous service from the date of
21    original employment to the effective date of the Plan;
22    plus
23        (B) One and seventy-five hundredths percent (1.75%) of
24    his "Average Annual Compensation in the highest four (4)
25    completed Plan Years" for each year (including fractions
26    thereof to completed calendar months) of continuous

 

 

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1    service as provided for in the Retirement Plan for Chicago
2    Transit Authority Employees.
3Provided, however that:
4    (2) As to an employee who first becomes entitled to a
5retirement allowance commencing on or after January 1, 1993,
6the retirement allowance shall be the amount determined in
7accordance with the following formula:
8        (A) One percent (1%) of his "Average Annual
9    Compensation in the highest four (4) completed Plan Years"
10    for each full year of continuous service from the date of
11    original employment to the effective date of the Plan;
12    plus
13        (B) One and eighty hundredths percent (1.80%) of his
14    "Average Annual Compensation in the highest four (4)
15    completed Plan Years" for each year (including fractions
16    thereof to completed calendar months) of continuous
17    service as provided for in the Retirement Plan for Chicago
18    Transit Authority Employees.
19Provided, however that:
20    (3) As to an employee who first becomes entitled to a
21retirement allowance commencing on or after January 1, 1994,
22the retirement allowance shall be the amount determined in
23accordance with the following formula:
24        (A) One percent (1%) of his "Average Annual
25    Compensation in the highest four (4) completed Plan Years"
26    for each full year of continuous service from the date of

 

 

HB1833- 361 -LRB104 09303 RTM 19361 b

1    original employment to the effective date of the Plan;
2    plus
3        (B) One and eighty-five hundredths percent (1.85%) of
4    his "Average Annual Compensation in the highest four (4)
5    completed Plan Years" for each year (including fractions
6    thereof to completed calendar months) of continuous
7    service as provided for in the Retirement Plan for Chicago
8    Transit Authority Employees.
9Provided, however that:
10    (4) As to an employee who first becomes entitled to a
11retirement allowance commencing on or after January 1, 2000,
12the retirement allowance shall be the amount determined in
13accordance with the following formula:
14        (A) One percent (1%) of his "Average Annual
15    Compensation in the highest four (4) completed Plan Years"
16    for each full year of continuous service from the date of
17    original employment to the effective date of the Plan;
18    plus
19        (B) Two percent (2%) of his "Average Annual
20    Compensation in the highest four (4) completed Plan Years"
21    for each year (including fractions thereof to completed
22    calendar months) of continuous service as provided for in
23    the Retirement Plan for Chicago Transit Authority
24    Employees.
25Provided, however that:
26    (5) As to an employee who first becomes entitled to a

 

 

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1retirement allowance commencing on or after January 1, 2001,
2the retirement allowance shall be the amount determined in
3accordance with the following formula:
4        (A) One percent (1%) of his "Average Annual
5    Compensation in the highest four (4) completed Plan Years"
6    for each full year of continuous service from the date of
7    original employment to the effective date of the Plan;
8    plus
9        (B) Two and fifteen hundredths percent (2.15%) of his
10    "Average Annual Compensation in the highest four (4)
11    completed Plan Years" for each year (including fractions
12    thereof to completed calendar months) of continuous
13    service as provided for in the Retirement Plan for Chicago
14    Transit Authority Employees.
15    The changes made by this amendatory Act of the 95th
16General Assembly, to the extent that they affect the rights or
17privileges of Authority employees that are currently the
18subject of collective bargaining, have been agreed to between
19the authorized representatives of these employees and of the
20Authority prior to enactment of this amendatory Act, as
21evidenced by a Memorandum of Understanding between these
22representatives that will be filed with the Secretary of State
23Index Department and designated as "95-GA-C05". The General
24Assembly finds and declares that those changes are consistent
25with 49 U.S.C. 5333(b) (also known as Section 13(c) of the
26Federal Transit Act) because of this agreement between

 

 

HB1833- 363 -LRB104 09303 RTM 19361 b

1authorized representatives of these employees and of the
2Authority, and that any future amendments to the provisions of
3this amendatory Act of the 95th General Assembly, to the
4extent those amendments would affect the rights and privileges
5of Authority employees that are currently the subject of
6collective bargaining, would be consistent with 49 U.S.C.
75333(b) if and only if those amendments were agreed to between
8these authorized representatives prior to enactment.
9    (i) Early retirement incentive plan; funded ratio.
10        (1) Beginning on the effective date of this Section,
11    no early retirement incentive shall be offered to
12    participants of the Plan unless the Funded Ratio of the
13    Plan is at least 80% or more.
14        (2) For the purposes of this Section, the Funded Ratio
15    shall be the Adjusted Assets divided by the Actuarial
16    Accrued Liability developed in accordance with Statement
17    #25 promulgated by the Government Accounting Standards
18    Board and the actuarial assumptions described in the Plan.
19    The Adjusted Assets shall be calculated based on the
20    methodology described in the Plan.
21    (j) Nothing in this amendatory Act of the 95th General
22Assembly shall impair the rights or privileges of Authority
23employees under any other law.
24    (k) Any individual who, on or after August 19, 2011 (the
25effective date of Public Act 97-442), first becomes a
26participant of the Retirement Plan shall not be paid any of the

 

 

HB1833- 364 -LRB104 09303 RTM 19361 b

1benefits provided under this Code if he or she is convicted of
2a felony relating to, arising out of, or in connection with his
3or her service as a participant.
4    This subsection (k) shall not operate to impair any
5contract or vested right acquired before August 19, 2011 (the
6effective date of Public Act 97-442) under any law or laws
7continued in this Code, and it shall not preclude the right to
8refund.
9(Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12;
1097-813, eff. 7-13-12.)
 
11    (40 ILCS 5/22-101B)
12    Sec. 22-101B. Health Care Benefits.
13    (a) The Metropolitan Mobility Chicago Transit Authority
14(hereinafter referred to in this Section as the "Authority")
15shall take all actions lawfully available to it to separate
16the funding of health care benefits for retirees and their
17dependents and survivors from the funding for its retirement
18system. The Authority shall endeavor to achieve this
19separation as soon as possible, and in any event no later than
20July 1, 2009.
21    (b) Effective 90 days after the effective date of this
22amendatory Act of the 95th General Assembly, a Retiree Health
23Care Trust is established for the purpose of providing health
24care benefits to eligible retirees and their dependents and
25survivors in accordance with the terms and conditions set

 

 

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1forth in this Section 22-101B. The Retiree Health Care Trust
2shall be solely responsible for providing health care benefits
3to eligible retirees and their dependents and survivors upon
4the exhaustion of the account established by the Retirement
5Plan for Chicago Transit Authority Employees pursuant to
6Section 401(h) of the Internal Revenue Code of 1986, but no
7earlier than January 1, 2009 and no later than July 1, 2009.
8        (1) The Board of Trustees shall consist of 7 members
9    appointed as follows: (i) 4 3 trustees shall be appointed
10    by the Metropolitan Mobility Authority Board Chicago
11    Transit Board; (ii) one trustee shall be appointed by an
12    organization representing the highest number of former
13    Chicago Transit Authority participants; (iii) one trustee
14    shall be appointed by an organization representing the
15    second-highest number of former Chicago Transit Authority
16    participants; and (iv) one trustee shall be appointed by
17    the recognized coalition representatives of participants
18    who are not represented by an organization with the
19    highest or second-highest number of former Chicago Transit
20    Authority participants; and (v) one trustee shall be
21    selected by the Regional Transportation Authority Board of
22    Directors, and the trustee shall be a professional
23    fiduciary who has experience in the area of collectively
24    bargained retiree health plans. Those trustees serving on
25    the effective date of this amendatory Act of the 104th
26    General Assembly appointed by the Chicago Transit Board

 

 

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1    and the Regional Transportation Authority Board of
2    Directors shall continue serving until their terms end or
3    they are replaced by the Metropolitan Mobility Authority
4    Board. Trustees shall serve until a successor has been
5    appointed and qualified, or until resignation, death,
6    incapacity, or disqualification.
7        Any person appointed as a trustee of the board shall
8    qualify by taking an oath of office that he or she will
9    diligently and honestly administer the affairs of the
10    system, and will not knowingly violate or willfully permit
11    the violation of any of the provisions of law applicable
12    to the Plan, including Sections 1-109, 1-109.1, 1-109.2,
13    1-110, 1-111, 1-114, and 1-115 of Article 1 of the
14    Illinois Pension Code.
15        Each trustee shall cast individual votes, and a
16    majority vote shall be final and binding upon all
17    interested parties, provided that the Board of Trustees
18    may require a supermajority vote with respect to the
19    investment of the assets of the Retiree Health Care Trust,
20    and may set forth that requirement in the trust agreement
21    or by-laws of the Board of Trustees. Each trustee shall
22    have the rights, privileges, authority and obligations as
23    are usual and customary for such fiduciaries.
24        (2) The Board of Trustees shall establish and
25    administer a health care benefit program for eligible
26    retirees and their dependents and survivors. Any health

 

 

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1    care benefit program established by the Board of Trustees
2    for eligible retirees and their dependents and survivors
3    effective on or after July 1, 2009 shall not contain any
4    plan which provides for more than 90% coverage for
5    in-network services or 70% coverage for out-of-network
6    services after any deductible has been paid, except that
7    coverage through a health maintenance organization ("HMO")
8    may be provided at 100%.
9        (2.5) The Board of Trustees may also establish and
10    administer a health reimbursement arrangement for retirees
11    and for former employees of the Authority or the
12    Retirement Plan, and their survivors, who have contributed
13    to the Retiree Health Care Trust but do not satisfy the
14    years of service requirement of subdivision (b)(4) and the
15    terms of the retiree health care plan; or for those who do
16    satisfy the requirements of subdivision (b)(4) and the
17    terms of the retiree health care plan but who decline
18    coverage under the plan prior to retirement. Any such
19    health reimbursement arrangement may provide that: the
20    retirees or former employees of the Authority or the
21    Retirement Plan, and their survivors, must have reached
22    age 65 to be eligible to participate in the health
23    reimbursement arrangement; contributions by the retirees
24    or former employees of the Authority or the Retirement
25    Plan to the Retiree Health Care Trust shall be considered
26    assets of the Retiree Health Care Trust only;

 

 

HB1833- 368 -LRB104 09303 RTM 19361 b

1    contributions shall not accrue interest for the benefit of
2    the retiree or former employee of the Authority or the
3    Retirement Plan or survivor; benefits shall be payable in
4    accordance with the Internal Revenue Code of 1986; the
5    amounts paid to or on account of the retiree or former
6    employee of the Authority or the Retirement Plan or
7    survivor shall not exceed the total amount which the
8    retiree or former employee of the Authority or the
9    Retirement Plan contributed to the Retiree Health Care
10    Trust; the Retiree Health Care Trust may charge a
11    reasonable administrative fee for processing the benefits.
12    The Board of Trustees of the Retiree Health Care Trust may
13    establish such rules, limitations and requirements as the
14    Board of Trustees deems appropriate.
15        (3) The Retiree Health Care Trust shall be
16    administered by the Board of Trustees according to the
17    following requirements:
18            (i) The Board of Trustees may cause amounts on
19        deposit in the Retiree Health Care Trust to be
20        invested in those investments that are permitted
21        investments for the investment of moneys held under
22        any one or more of the pension or retirement systems of
23        the State, any unit of local government or school
24        district, or any agency or instrumentality thereof.
25        The Board, by a vote of at least two-thirds of the
26        trustees, may transfer investment management to the

 

 

HB1833- 369 -LRB104 09303 RTM 19361 b

1        Illinois State Board of Investment, which is hereby
2        authorized to manage these investments when so
3        requested by the Board of Trustees.
4            (ii) The Board of Trustees shall establish and
5        maintain an appropriate funding reserve level which
6        shall not be less than the amount of incurred and
7        unreported claims plus 12 months of expected claims
8        and administrative expenses.
9            (iii) The Board of Trustees shall make an annual
10        assessment of the funding levels of the Retiree Health
11        Care Trust and shall submit a report to the Auditor
12        General at least 90 days prior to the end of the fiscal
13        year. The report shall provide the following:
14                (A) the actuarial present value of projected
15            benefits expected to be paid to current and future
16            retirees and their dependents and survivors;
17                (B) the actuarial present value of projected
18            contributions and trust income plus assets;
19                (C) the reserve required by subsection
20            (b)(3)(ii); and
21                (D) an assessment of whether the actuarial
22            present value of projected benefits expected to be
23            paid to current and future retirees and their
24            dependents and survivors exceeds or is less than
25            the actuarial present value of projected
26            contributions and trust income plus assets in

 

 

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

 

 

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1        contribution levels, increases in benefit levels, or
2        other plan changes, or any combination thereof, to the
3        extent of the surplus.
4            (iv) The Auditor General shall review the report
5        and plan provided in subsection (b)(3)(iii) and issue
6        a determination within 90 days after receiving the
7        report and plan, with a copy of such determination
8        provided to the General Assembly and the Metropolitan
9        Mobility Regional Transportation Authority, as
10        follows:
11                (A) In the event of a projected shortfall, if
12            the Auditor General determines that the
13            assumptions stated in the report are not
14            unreasonable in the aggregate and that the plan of
15            increases in employee, retiree, dependent, or
16            survivor contribution levels, decreases in benefit
17            levels, or other plan changes, or any combination
18            thereof, to be implemented over a period of not
19            more than 10 years from each valuation date, is
20            reasonably projected to make the actuarial present
21            value of projected contributions and trust income
22            plus assets equal to or in excess of the actuarial
23            present value of projected benefits expected to be
24            paid to current and future retirees and their
25            dependents and survivors, then the Board of
26            Trustees shall implement the plan. If the Auditor

 

 

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

 

 

HB1833- 373 -LRB104 09303 RTM 19361 b

1            implement the plan. If the Auditor General
2            determines that the assumptions stated in the
3            report are unreasonable in the aggregate, or that
4            the plan of decreases in employee, retiree,
5            dependent, or survivor contribution levels,
6            increases in benefit levels, or both, is
7            unreasonable in the aggregate, then the Board of
8            Trustees shall not implement the plan, the Auditor
9            General shall explain the basis for such
10            determination to the Board of Trustees, and the
11            Auditor General may make recommendations as to an
12            alternative report and plan.
13                (C) The Board of Trustees shall submit an
14            alternative report and plan within 45 days after
15            receiving a rejection determination by the Auditor
16            General. A determination by the Auditor General on
17            any alternative report and plan submitted by the
18            Board of Trustees shall be made within 90 days
19            after receiving the alternative report and plan,
20            and shall be accepted or rejected according to the
21            requirements of this subsection (b)(3)(iv). The
22            Board of Trustees shall continue to submit
23            alternative reports and plans to the Auditor
24            General, as necessary, until a favorable
25            determination is made by the Auditor General.
26        (4) For any retiree who first retires effective on or

 

 

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1    after January 18, 2008, to be eligible for retiree health
2    care benefits upon retirement, the retiree must be at
3    least 55 years of age, retire with 10 or more years of
4    continuous service and satisfy the preconditions
5    established by Public Act 95-708 in addition to any rules
6    or regulations promulgated by the Board of Trustees.
7    Notwithstanding the foregoing, any retiree hired on or
8    before September 5, 2001 who retires with 25 years or more
9    of continuous service shall be eligible for retiree health
10    care benefits upon retirement in accordance with any rules
11    or regulations adopted by the Board of Trustees; provided
12    he or she retires prior to the full execution of the
13    successor collective bargaining agreement to the
14    collective bargaining agreement that became effective
15    January 1, 2007 between the Authority and the
16    organizations representing the highest and second-highest
17    number of former Chicago Transit Authority participants.
18    This paragraph (4) shall not apply to a disability
19    allowance.
20        (5) Effective January 1, 2009, the aggregate amount of
21    retiree, dependent and survivor contributions to the cost
22    of their health care benefits shall not exceed more than
23    45% of the total cost of such benefits. The Board of
24    Trustees shall have the discretion to provide different
25    contribution levels for retirees, dependents and survivors
26    based on their years of service, level of coverage or

 

 

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1    Medicare eligibility, provided that the total contribution
2    from all retirees, dependents, and survivors shall be not
3    more than 45% of the total cost of such benefits. The term
4    "total cost of such benefits" for purposes of this
5    subsection shall be the total amount expended by the
6    retiree health benefit program in the prior plan year, as
7    calculated and certified in writing by the Retiree Health
8    Care Trust's enrolled actuary to be appointed and paid for
9    by the Board of Trustees.
10        (6) Effective January 1, 2022, all employees of the
11    Authority shall contribute to the Retiree Health Care
12    Trust in an amount not less than 1% of compensation.
13        (7) No earlier than January 1, 2009 and no later than
14    July 1, 2009 as the Retiree Health Care Trust becomes
15    solely responsible for providing health care benefits to
16    eligible retirees and their dependents and survivors in
17    accordance with subsection (b) of this Section 22-101B,
18    the Authority shall not have any obligation to provide
19    health care to current or future retirees and their
20    dependents or survivors. Employees, retirees, dependents,
21    and survivors who are required to make contributions to
22    the Retiree Health Care Trust shall make contributions at
23    the level set by the Board of Trustees pursuant to the
24    requirements of this Section 22-101B.
25(Source: P.A. 102-415, eff. 1-1-22.)
 

 

 

HB1833- 376 -LRB104 09303 RTM 19361 b

1    (40 ILCS 5/22-103)
2    Sec. 22-103. Metropolitan Mobility Regional Transportation
3Authority and related pension plans.
4    (a) As used in this Section:
5    "Affected pension plan" means a defined-benefit pension
6plan supported in whole or in part by employer contributions
7and maintained by the Metropolitan Mobility Authority, the
8former Regional Transportation Authority, the former Suburban
9Bus Division or Commuter Rail Division of the former Regional
10Transportation Authority, or any combination thereof Regional
11Transportation Authority, the Suburban Bus Division, or the
12Commuter Rail Division, or any combination thereof, under the
13general authority of the Regional Transportation Authority
14Act, including but not limited to any such plan that has been
15established under or is subject to a collective bargaining
16agreement or is limited to employees covered by a collective
17bargaining agreement. "Affected pension plan" does not include
18any pension fund or retirement system subject to Section
1922-101 of this Section.
20    "Authority" means the Metropolitan Mobility Regional
21Transportation Authority created under the Metropolitan
22Mobility Regional Transportation Authority Act.
23    "Contributing employer" means an employer that is required
24to make contributions to an affected pension plan under the
25terms of that plan.
26    "Funding ratio" means the ratio of an affected pension

 

 

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1plan's assets to the present value of its actuarial
2liabilities, as determined at its latest actuarial valuation
3in accordance with applicable actuarial assumptions and
4recommendations.
5    "Under-funded pension plan" or "under-funded" means an
6affected pension plan that, at the time of its last actuarial
7valuation, has a funding ratio of less than 90%.
8    (b) The contributing employers of each affected pension
9plan have a general duty to make the required employer
10contributions to the affected pension plan in a timely manner
11in accordance with the terms of the plan. A contributing
12employer must make contributions to the affected pension plan
13as required under this subsection and, if applicable,
14subsection (c); a contributing employer may make any
15additional contributions provided for by the board of the
16employer or collective bargaining agreement.
17    (c) In the case of an affected pension plan that is
18under-funded on January 1, 2009 or becomes under-funded at any
19time after that date, the contributing employers shall
20contribute to the affected pension plan, in addition to all
21amounts otherwise required, amounts sufficient to bring the
22funding ratio of the affected pension plan up to 90% in
23accordance with an amortization schedule adopted jointly by
24the contributing employers and the trustee of the affected
25pension plan. The amortization schedule may extend for any
26period up to a maximum of 50 years and shall provide for

 

 

HB1833- 378 -LRB104 09303 RTM 19361 b

1additional employer contributions in substantially equal
2annual amounts over the selected period. If the contributing
3employers and the trustee of the affected pension plan do not
4agree on an appropriate period for the amortization schedule
5within 6 months of the date of determination that the plan is
6under-funded, then the amortization schedule shall be based on
7a period of 50 years.
8    In the case of an affected pension plan that has more than
9one contributing employer, each contributing employer's share
10of the total additional employer contributions required under
11this subsection shall be determined: (i) in proportion to the
12amounts, if any, by which the respective contributing
13employers have failed to meet their contribution obligations
14under the terms of the affected pension plan; or (ii) if all of
15the contributing employers have met their contribution
16obligations under the terms of the affected pension plan, then
17in the same proportion as they are required to contribute
18under the terms of that plan. In the case of an affected
19pension plan that has only one contributing employer, that
20contributing employer is responsible for all of the additional
21employer contributions required under this subsection.
22    If an under-funded pension plan is determined to have
23achieved a funding ratio of at least 90% during the period when
24an amortization schedule is in force under this Section, the
25contributing employers and the trustee of the affected pension
26plan, acting jointly, may cancel the amortization schedule and

 

 

HB1833- 379 -LRB104 09303 RTM 19361 b

1the contributing employers may cease making additional
2contributions under this subsection for as long as the
3affected pension plan retains a funding ratio of at least 90%.
4    (d) Beginning January 1, 2009, if the Authority fails to
5pay to an affected pension fund within 30 days after it is due
6(i) any employer contribution that it is required to make as a
7contributing employer, (ii) any additional employer
8contribution that it is required to pay under subsection (c),
9or (iii) any payment that it is required to make under
10subsection (d) of Section 3.03 of the Metropolitan Mobility
11Authority Act as a result of Section 4.02a or 4.02b of the
12Regional Transportation Authority Act (repealed), the trustee
13of the affected pension fund shall promptly so notify the
14Commission on Government Forecasting and Accountability, the
15Mayor of Chicago, the Governor, and the General Assembly.
16    (e) For purposes of determining employer contributions,
17assets, and actuarial liabilities under this subsection,
18contributions, assets, and liabilities relating to health care
19benefits shall not be included.
20    (f) This amendatory Act of the 94th General Assembly does
21not affect or impair the right of any contributing employer or
22its employees to collectively bargain the amount or level of
23employee contributions to an affected pension plan, to the
24extent that the plan includes employees subject to collective
25bargaining.
26    (g) Any individual who, on or after August 19, 2011 (the

 

 

HB1833- 380 -LRB104 09303 RTM 19361 b

1effective date of Public Act 97-442), first becomes a
2participant of an affected pension plan shall not be paid any
3of the benefits provided under this Code if he or she is
4convicted of a felony relating to, arising out of, or in
5connection with his or her service as a participant.
6    This subsection shall not operate to impair any contract
7or vested right acquired before August 19, 2011 (the effective
8date of Public Act 97-442) under any law or laws continued in
9this Code, and it shall not preclude the right to refund.
10    (h) Notwithstanding any other provision of this Article or
11any law to the contrary, a person who, on or after January 1,
122012 (the effective date of Public Act 97-609), first becomes
13a director on the Suburban Bus Board, the Commuter Rail Board,
14or the Board of Directors of the Regional Transportation
15Authority, or the Board of Directors of the Metropolitan
16Mobility Authority shall not be eligible to participate in an
17affected pension plan.
18(Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12;
1997-813, eff. 7-13-12.)
 
20    (40 ILCS 5/22-105)
21    Sec. 22-105. Application to Metropolitan Mobility Regional
22Transportation Authority Board members. This Code does not
23apply to any individual who first becomes a member of the
24Regional Transportation Authority Board on or after the
25effective date of this amendatory Act of the 98th General

 

 

HB1833- 381 -LRB104 09303 RTM 19361 b

1Assembly with respect to service on that Board or the
2Metropolitan Mobility Authority Board on or after the
3effective date of this amendatory Act of the 104th General
4Assembly with respect to service on that Board.
5(Source: P.A. 98-108, eff. 7-23-13.)
 
6    Section 8.28. The Illinois Municipal Budget Law is amended
7by changing Section 2 as follows:
 
8    (50 ILCS 330/2)  (from Ch. 85, par. 802)
9    Sec. 2. The following terms, unless the context otherwise
10indicates, have the following meaning:
11    (1) "Municipality" means and includes all municipal
12corporations and political subdivisions of this State, or any
13such unit or body hereafter created by authority of law,
14except the following: (a) The State of Illinois; (b) counties;
15(c) cities, villages and incorporated towns; (d) sanitary
16districts created under "An Act to create sanitary districts
17and to remove obstructions in the Des Plaines and Illinois
18Rivers", approved May 29, 1889, as amended; (e) forest
19preserve districts having a population of 500,000 or more,
20created under "An Act to provide for the creation and
21management of forest preserve districts and repealing certain
22Acts therein named", approved June 27, 1913, as amended; (f)
23school districts; (g) the Chicago Park District created under
24"An Act in relation to the creation, maintenance, operation

 

 

HB1833- 382 -LRB104 09303 RTM 19361 b

1and improvement of the Chicago Park District", approved, June
210, 1933, as amended; (h) park districts created under "The
3Park District Code", approved July 8, 1947, as amended; (i)
4the Metropolitan Mobility Regional Transportation Authority
5created under the Metropolitan Mobility "Regional
6Transportation Authority Act", enacted by the 78th General
7Assembly; and (j) the Illinois Sports Facilities Authority.
8    (2) "Governing body" means the corporate authorities,
9body, or other officer of the municipality authorized by law
10to raise revenue, appropriate funds, or levy taxes for the
11operation and maintenance thereof.
12    (3) "Department" means the Department of Commerce and
13Economic Opportunity.
14(Source: P.A. 94-793, eff. 5-19-06.)
 
15    Section 8.29. The Counties Code is amended by changing
16Section 6-34000 as follows:
 
17    (55 ILCS 5/6-34000)
18    Sec. 6-34000. Report on funds received under the
19Metropolitan Mobility Regional Transportation Authority Act.
20If the Board of the Metropolitan Mobility Regional
21Transportation Authority adopts an ordinance under Section
226.02 4.03 of the Metropolitan Mobility Regional Transportation
23Authority Act imposing a retailers' occupation tax and a
24service occupation tax at the rate of 0.75% in the counties of

 

 

HB1833- 383 -LRB104 09303 RTM 19361 b

1DuPage, Kane, Lake, McHenry, and Will, then the County Boards
2of DuPage, Kane, Lake, McHenry, and Will counties shall each
3report to the General Assembly and the Commission on
4Government Forecasting and Accountability by March 1 of the
5year following the adoption of the ordinance and March 1 of
6each year thereafter. That report shall include the total
7amounts received by the County under subsection (cc) of
8Section 6.02 (n) of Section 4.03 of the Metropolitan Mobility
9Regional Transportation Authority Act and the expenditures and
10obligations of the County using those funds during the
11previous calendar year.
12(Source: P.A. 95-906, eff. 8-26-08.)
 
13    Section 8.30. The Illinois Municipal Code is amended by
14changing Sections 11-1-11, 11-74.4-3 and 11-122.2-1 and
15changing the heading of Division 122.2 of Article 11 as
16follows:
 
17    (65 ILCS 5/11-1-11)  (from Ch. 24, par. 11-1-11)
18    Sec. 11-1-11. Agreement with another entity to enforce
19traffic ordinances. The corporate authorities of a
20municipality with a population greater than 1,000,000 may
21enter into an agreement with the Metropolitan Mobility Chicago
22Transit Authority, created under the Metropolitan Mobility
23Metropolitan Transit Authority Act, whereby Chicago Transit
24Authority supervisory employees are empowered to enforce

 

 

HB1833- 384 -LRB104 09303 RTM 19361 b

1certain traffic ordinances enacted by the municipality.
2(Source: P.A. 87-597.)
 
3    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
4    Sec. 11-74.4-3. Definitions. The following terms, wherever
5used or referred to in this Division 74.4 shall have the
6following respective meanings, unless in any case a different
7meaning clearly appears from the context.
8    (a) For any redevelopment project area that has been
9designated pursuant to this Section by an ordinance adopted
10prior to November 1, 1999 (the effective date of Public Act
1191-478), "blighted area" shall have the meaning set forth in
12this Section prior to that date.
13    On and after November 1, 1999, "blighted area" means any
14improved or vacant area within the boundaries of a
15redevelopment project area located within the territorial
16limits of the municipality where:
17        (1) If improved, industrial, commercial, and
18    residential buildings or improvements are detrimental to
19    the public safety, health, or welfare because of a
20    combination of 5 or more of the following factors, each of
21    which is (i) present, with that presence documented, to a
22    meaningful extent so that a municipality may reasonably
23    find that the factor is clearly present within the intent
24    of the Act and (ii) reasonably distributed throughout the
25    improved part of the redevelopment project area:

 

 

HB1833- 385 -LRB104 09303 RTM 19361 b

1            (A) Dilapidation. An advanced state of disrepair
2        or neglect of necessary repairs to the primary
3        structural components of buildings or improvements in
4        such a combination that a documented building
5        condition analysis determines that major repair is
6        required or the defects are so serious and so
7        extensive that the buildings must be removed.
8            (B) Obsolescence. The condition or process of
9        falling into disuse. Structures have become ill-suited
10        for the original use.
11            (C) Deterioration. With respect to buildings,
12        defects including, but not limited to, major defects
13        in the secondary building components such as doors,
14        windows, porches, gutters and downspouts, and fascia.
15        With respect to surface improvements, that the
16        condition of roadways, alleys, curbs, gutters,
17        sidewalks, off-street parking, and surface storage
18        areas evidence deterioration, including, but not
19        limited to, surface cracking, crumbling, potholes,
20        depressions, loose paving material, and weeds
21        protruding through paved surfaces.
22            (D) Presence of structures below minimum code
23        standards. All structures that do not meet the
24        standards of zoning, subdivision, building, fire, and
25        other governmental codes applicable to property, but
26        not including housing and property maintenance codes.

 

 

HB1833- 386 -LRB104 09303 RTM 19361 b

1            (E) Illegal use of individual structures. The use
2        of structures in violation of applicable federal,
3        State, or local laws, exclusive of those applicable to
4        the presence of structures below minimum code
5        standards.
6            (F) Excessive vacancies. The presence of buildings
7        that are unoccupied or under-utilized and that
8        represent an adverse influence on the area because of
9        the frequency, extent, or duration of the vacancies.
10            (G) Lack of ventilation, light, or sanitary
11        facilities. The absence of adequate ventilation for
12        light or air circulation in spaces or rooms without
13        windows, or that require the removal of dust, odor,
14        gas, smoke, or other noxious airborne materials.
15        Inadequate natural light and ventilation means the
16        absence of skylights or windows for interior spaces or
17        rooms and improper window sizes and amounts by room
18        area to window area ratios. Inadequate sanitary
19        facilities refers to the absence or inadequacy of
20        garbage storage and enclosure, bathroom facilities,
21        hot water and kitchens, and structural inadequacies
22        preventing ingress and egress to and from all rooms
23        and units within a building.
24            (H) Inadequate utilities. Underground and overhead
25        utilities such as storm sewers and storm drainage,
26        sanitary sewers, water lines, and gas, telephone, and

 

 

HB1833- 387 -LRB104 09303 RTM 19361 b

1        electrical services that are shown to be inadequate.
2        Inadequate utilities are those that are: (i) of
3        insufficient capacity to serve the uses in the
4        redevelopment project area, (ii) deteriorated,
5        antiquated, obsolete, or in disrepair, or (iii)
6        lacking within the redevelopment project area.
7            (I) Excessive land coverage and overcrowding of
8        structures and community facilities. The
9        over-intensive use of property and the crowding of
10        buildings and accessory facilities onto a site.
11        Examples of problem conditions warranting the
12        designation of an area as one exhibiting excessive
13        land coverage are: (i) the presence of buildings
14        either improperly situated on parcels or located on
15        parcels of inadequate size and shape in relation to
16        present-day standards of development for health and
17        safety and (ii) the presence of multiple buildings on
18        a single parcel. For there to be a finding of excessive
19        land coverage, these parcels must exhibit one or more
20        of the following conditions: insufficient provision
21        for light and air within or around buildings,
22        increased threat of spread of fire due to the close
23        proximity of buildings, lack of adequate or proper
24        access to a public right-of-way, lack of reasonably
25        required off-street parking, or inadequate provision
26        for loading and service.

 

 

HB1833- 388 -LRB104 09303 RTM 19361 b

1            (J) Deleterious land use or layout. The existence
2        of incompatible land-use relationships, buildings
3        occupied by inappropriate mixed-uses, or uses
4        considered to be noxious, offensive, or unsuitable for
5        the surrounding area.
6            (K) Environmental clean-up. The proposed
7        redevelopment project area has incurred Illinois
8        Environmental Protection Agency or United States
9        Environmental Protection Agency remediation costs for,
10        or a study conducted by an independent consultant
11        recognized as having expertise in environmental
12        remediation has determined a need for, the clean-up of
13        hazardous waste, hazardous substances, or underground
14        storage tanks required by State or federal law,
15        provided that the remediation costs constitute a
16        material impediment to the development or
17        redevelopment of the redevelopment project area.
18            (L) Lack of community planning. The proposed
19        redevelopment project area was developed prior to or
20        without the benefit or guidance of a community plan.
21        This means that the development occurred prior to the
22        adoption by the municipality of a comprehensive or
23        other community plan or that the plan was not followed
24        at the time of the area's development. This factor
25        must be documented by evidence of adverse or
26        incompatible land-use relationships, inadequate street

 

 

HB1833- 389 -LRB104 09303 RTM 19361 b

1        layout, improper subdivision, parcels of inadequate
2        shape and size to meet contemporary development
3        standards, or other evidence demonstrating an absence
4        of effective community planning.
5            (M) The total equalized assessed value of the
6        proposed redevelopment project area has declined for 3
7        of the last 5 calendar years prior to the year in which
8        the redevelopment project area is designated or is
9        increasing at an annual rate that is less than the
10        balance of the municipality for 3 of the last 5
11        calendar years for which information is available or
12        is increasing at an annual rate that is less than the
13        Consumer Price Index for All Urban Consumers published
14        by the United States Department of Labor or successor
15        agency for 3 of the last 5 calendar years prior to the
16        year in which the redevelopment project area is
17        designated.
18        (2) If vacant, the sound growth of the redevelopment
19    project area is impaired by a combination of 2 or more of
20    the following factors, each of which is (i) present, with
21    that presence documented, to a meaningful extent so that a
22    municipality may reasonably find that the factor is
23    clearly present within the intent of the Act and (ii)
24    reasonably distributed throughout the vacant part of the
25    redevelopment project area to which it pertains:
26            (A) Obsolete platting of vacant land that results

 

 

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1        in parcels of limited or narrow size or configurations
2        of parcels of irregular size or shape that would be
3        difficult to develop on a planned basis and in a manner
4        compatible with contemporary standards and
5        requirements, or platting that failed to create
6        rights-of-ways for streets or alleys or that created
7        inadequate right-of-way widths for streets, alleys, or
8        other public rights-of-way or that omitted easements
9        for public utilities.
10            (B) Diversity of ownership of parcels of vacant
11        land sufficient in number to retard or impede the
12        ability to assemble the land for development.
13            (C) Tax and special assessment delinquencies exist
14        or the property has been the subject of tax sales under
15        the Property Tax Code within the last 5 years.
16            (D) Deterioration of structures or site
17        improvements in neighboring areas adjacent to the
18        vacant land.
19            (E) The area has incurred Illinois Environmental
20        Protection Agency or United States Environmental
21        Protection Agency remediation costs for, or a study
22        conducted by an independent consultant recognized as
23        having expertise in environmental remediation has
24        determined a need for, the clean-up of hazardous
25        waste, hazardous substances, or underground storage
26        tanks required by State or federal law, provided that

 

 

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1        the remediation costs constitute a material impediment
2        to the development or redevelopment of the
3        redevelopment project area.
4            (F) The total equalized assessed value of the
5        proposed redevelopment project area has declined for 3
6        of the last 5 calendar years prior to the year in which
7        the redevelopment project area is designated or is
8        increasing at an annual rate that is less than the
9        balance of the municipality for 3 of the last 5
10        calendar years for which information is available or
11        is increasing at an annual rate that is less than the
12        Consumer Price Index for All Urban Consumers published
13        by the United States Department of Labor or successor
14        agency for 3 of the last 5 calendar years prior to the
15        year in which the redevelopment project area is
16        designated.
17        (3) If vacant, the sound growth of the redevelopment
18    project area is impaired by one of the following factors
19    that (i) is present, with that presence documented, to a
20    meaningful extent so that a municipality may reasonably
21    find that the factor is clearly present within the intent
22    of the Act and (ii) is reasonably distributed throughout
23    the vacant part of the redevelopment project area to which
24    it pertains:
25            (A) The area consists of one or more unused
26        quarries, mines, or strip mine ponds.

 

 

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1            (B) The area consists of unused rail yards, rail
2        tracks, or railroad rights-of-way.
3            (C) The area, prior to its designation, is subject
4        to (i) chronic flooding that adversely impacts on real
5        property in the area as certified by a registered
6        professional engineer or appropriate regulatory agency
7        or (ii) surface water that discharges from all or a
8        part of the area and contributes to flooding within
9        the same watershed, but only if the redevelopment
10        project provides for facilities or improvements to
11        contribute to the alleviation of all or part of the
12        flooding.
13            (D) The area consists of an unused or illegal
14        disposal site containing earth, stone, building
15        debris, or similar materials that were removed from
16        construction, demolition, excavation, or dredge sites.
17            (E) Prior to November 1, 1999, the area is not less
18        than 50 nor more than 100 acres and 75% of which is
19        vacant (notwithstanding that the area has been used
20        for commercial agricultural purposes within 5 years
21        prior to the designation of the redevelopment project
22        area), and the area meets at least one of the factors
23        itemized in paragraph (1) of this subsection, the area
24        has been designated as a town or village center by
25        ordinance or comprehensive plan adopted prior to
26        January 1, 1982, and the area has not been developed

 

 

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1        for that designated purpose.
2            (F) The area qualified as a blighted improved area
3        immediately prior to becoming vacant, unless there has
4        been substantial private investment in the immediately
5        surrounding area.
6    (b) For any redevelopment project area that has been
7designated pursuant to this Section by an ordinance adopted
8prior to November 1, 1999 (the effective date of Public Act
991-478), "conservation area" shall have the meaning set forth
10in this Section prior to that date.
11    On and after November 1, 1999, "conservation area" means
12any improved area within the boundaries of a redevelopment
13project area located within the territorial limits of the
14municipality in which 50% or more of the structures in the area
15have an age of 35 years or more. Such an area is not yet a
16blighted area but because of a combination of 3 or more of the
17following factors is detrimental to the public safety, health,
18morals or welfare and such an area may become a blighted area:
19        (1) Dilapidation. An advanced state of disrepair or
20    neglect of necessary repairs to the primary structural
21    components of buildings or improvements in such a
22    combination that a documented building condition analysis
23    determines that major repair is required or the defects
24    are so serious and so extensive that the buildings must be
25    removed.
26        (2) Obsolescence. The condition or process of falling

 

 

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

 

 

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

 

 

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1    exhibiting excessive land coverage are: the presence of
2    buildings either improperly situated on parcels or located
3    on parcels of inadequate size and shape in relation to
4    present-day standards of development for health and safety
5    and the presence of multiple buildings on a single parcel.
6    For there to be a finding of excessive land coverage,
7    these parcels must exhibit one or more of the following
8    conditions: insufficient provision for light and air
9    within or around buildings, increased threat of spread of
10    fire due to the close proximity of buildings, lack of
11    adequate or proper access to a public right-of-way, lack
12    of reasonably required off-street parking, or inadequate
13    provision for loading and service.
14        (10) Deleterious land use or layout. The existence of
15    incompatible land-use relationships, buildings occupied by
16    inappropriate mixed-uses, or uses considered to be
17    noxious, offensive, or unsuitable for the surrounding
18    area.
19        (11) Lack of community planning. The proposed
20    redevelopment project area was developed prior to or
21    without the benefit or guidance of a community plan. This
22    means that the development occurred prior to the adoption
23    by the municipality of a comprehensive or other community
24    plan or that the plan was not followed at the time of the
25    area's development. This factor must be documented by
26    evidence of adverse or incompatible land-use

 

 

HB1833- 397 -LRB104 09303 RTM 19361 b

1    relationships, inadequate street layout, improper
2    subdivision, parcels of inadequate shape and size to meet
3    contemporary development standards, or other evidence
4    demonstrating an absence of effective community planning.
5        (12) The area has incurred Illinois Environmental
6    Protection Agency or United States Environmental
7    Protection Agency remediation costs for, or a study
8    conducted by an independent consultant recognized as
9    having expertise in environmental remediation has
10    determined a need for, the clean-up of hazardous waste,
11    hazardous substances, or underground storage tanks
12    required by State or federal law, provided that the
13    remediation costs constitute a material impediment to the
14    development or redevelopment of the redevelopment project
15    area.
16        (13) The total equalized assessed value of the
17    proposed redevelopment project area has declined for 3 of
18    the last 5 calendar years for which information is
19    available or is increasing at an annual rate that is less
20    than the balance of the municipality for 3 of the last 5
21    calendar years for which information is available or is
22    increasing at an annual rate that is less than the
23    Consumer Price Index for All Urban Consumers published by
24    the United States Department of Labor or successor agency
25    for 3 of the last 5 calendar years for which information is
26    available.

 

 

HB1833- 398 -LRB104 09303 RTM 19361 b

1    (c) "Industrial park" means an area in a blighted or
2conservation area suitable for use by any manufacturing,
3industrial, research or transportation enterprise, of
4facilities to include but not be limited to factories, mills,
5processing plants, assembly plants, packing plants,
6fabricating plants, industrial distribution centers,
7warehouses, repair overhaul or service facilities, freight
8terminals, research facilities, test facilities or railroad
9facilities.
10    (d) "Industrial park conservation area" means an area
11within the boundaries of a redevelopment project area located
12within the territorial limits of a municipality that is a
13labor surplus municipality or within 1 1/2 miles of the
14territorial limits of a municipality that is a labor surplus
15municipality if the area is annexed to the municipality; which
16area is zoned as industrial no later than at the time the
17municipality by ordinance designates the redevelopment project
18area, and which area includes both vacant land suitable for
19use as an industrial park and a blighted area or conservation
20area contiguous to such vacant land.
21    (e) "Labor surplus municipality" means a municipality in
22which, at any time during the 6 months before the municipality
23by ordinance designates an industrial park conservation area,
24the unemployment rate was over 6% and was also 100% or more of
25the national average unemployment rate for that same time as
26published in the United States Department of Labor Bureau of

 

 

HB1833- 399 -LRB104 09303 RTM 19361 b

1Labor Statistics publication entitled "The Employment
2Situation" or its successor publication. For the purpose of
3this subsection, if unemployment rate statistics for the
4municipality are not available, the unemployment rate in the
5municipality shall be deemed to be the same as the
6unemployment rate in the principal county in which the
7municipality is located.
8    (f) "Municipality" shall mean a city, village,
9incorporated town, or a township that is located in the
10unincorporated portion of a county with 3 million or more
11inhabitants, if the county adopted an ordinance that approved
12the township's redevelopment plan.
13    (g) "Initial Sales Tax Amounts" means the amount of taxes
14paid under the Retailers' Occupation Tax Act, Use Tax Act,
15Service Use Tax Act, the Service Occupation Tax Act, the
16Municipal Retailers' Occupation Tax Act, and the Municipal
17Service Occupation Tax Act by retailers and servicemen on
18transactions at places located in a State Sales Tax Boundary
19during the calendar year 1985.
20    (g-1) "Revised Initial Sales Tax Amounts" means the amount
21of taxes paid under the Retailers' Occupation Tax Act, Use Tax
22Act, Service Use Tax Act, the Service Occupation Tax Act, the
23Municipal Retailers' Occupation Tax Act, and the Municipal
24Service Occupation Tax Act by retailers and servicemen on
25transactions at places located within the State Sales Tax
26Boundary revised pursuant to Section 11-74.4-8a(9) of this

 

 

HB1833- 400 -LRB104 09303 RTM 19361 b

1Act.
2    (h) "Municipal Sales Tax Increment" means an amount equal
3to the increase in the aggregate amount of taxes paid to a
4municipality from the Local Government Tax Fund arising from
5sales by retailers and servicemen within the redevelopment
6project area or State Sales Tax Boundary, as the case may be,
7for as long as the redevelopment project area or State Sales
8Tax Boundary, as the case may be, exist over and above the
9aggregate amount of taxes as certified by the Illinois
10Department of Revenue and paid under the Municipal Retailers'
11Occupation Tax Act and the Municipal Service Occupation Tax
12Act by retailers and servicemen, on transactions at places of
13business located in the redevelopment project area or State
14Sales Tax Boundary, as the case may be, during the base year
15which shall be the calendar year immediately prior to the year
16in which the municipality adopted tax increment allocation
17financing. For purposes of computing the aggregate amount of
18such taxes for base years occurring prior to 1985, the
19Department of Revenue shall determine the Initial Sales Tax
20Amounts for such taxes and deduct therefrom an amount equal to
214% of the aggregate amount of taxes per year for each year the
22base year is prior to 1985, but not to exceed a total deduction
23of 12%. The amount so determined shall be known as the
24"Adjusted Initial Sales Tax Amounts". For purposes of
25determining the Municipal Sales Tax Increment, the Department
26of Revenue shall for each period subtract from the amount paid

 

 

HB1833- 401 -LRB104 09303 RTM 19361 b

1to the municipality from the Local Government Tax Fund arising
2from sales by retailers and servicemen on transactions located
3in the redevelopment project area or the State Sales Tax
4Boundary, as the case may be, the certified Initial Sales Tax
5Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
6Initial Sales Tax Amounts for the Municipal Retailers'
7Occupation Tax Act and the Municipal Service Occupation Tax
8Act. For the State Fiscal Year 1989, this calculation shall be
9made by utilizing the calendar year 1987 to determine the tax
10amounts received. For the State Fiscal Year 1990, this
11calculation shall be made by utilizing the period from January
121, 1988, until September 30, 1988, to determine the tax
13amounts received from retailers and servicemen pursuant to the
14Municipal Retailers' Occupation Tax and the Municipal Service
15Occupation Tax Act, which shall have deducted therefrom
16nine-twelfths of the certified Initial Sales Tax Amounts, the
17Adjusted Initial Sales Tax Amounts or the Revised Initial
18Sales Tax Amounts as appropriate. For the State Fiscal Year
191991, this calculation shall be made by utilizing the period
20from October 1, 1988, to June 30, 1989, to determine the tax
21amounts received from retailers and servicemen pursuant to the
22Municipal Retailers' Occupation Tax and the Municipal Service
23Occupation Tax Act which shall have deducted therefrom
24nine-twelfths of the certified Initial Sales Tax Amounts,
25Adjusted Initial Sales Tax Amounts or the Revised Initial
26Sales Tax Amounts as appropriate. For every State Fiscal Year

 

 

HB1833- 402 -LRB104 09303 RTM 19361 b

1thereafter, the applicable period shall be the 12 months
2beginning July 1 and ending June 30 to determine the tax
3amounts received which shall have deducted therefrom the
4certified Initial Sales Tax Amounts, the Adjusted Initial
5Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
6the case may be.
7    (i) "Net State Sales Tax Increment" means the sum of the
8following: (a) 80% of the first $100,000 of State Sales Tax
9Increment annually generated within a State Sales Tax
10Boundary; (b) 60% of the amount in excess of $100,000 but not
11exceeding $500,000 of State Sales Tax Increment annually
12generated within a State Sales Tax Boundary; and (c) 40% of all
13amounts in excess of $500,000 of State Sales Tax Increment
14annually generated within a State Sales Tax Boundary. If,
15however, a municipality established a tax increment financing
16district in a county with a population in excess of 3,000,000
17before January 1, 1986, and the municipality entered into a
18contract or issued bonds after January 1, 1986, but before
19December 31, 1986, to finance redevelopment project costs
20within a State Sales Tax Boundary, then the Net State Sales Tax
21Increment means, for the fiscal years beginning July 1, 1990,
22and July 1, 1991, 100% of the State Sales Tax Increment
23annually generated within a State Sales Tax Boundary; and
24notwithstanding any other provision of this Act, for those
25fiscal years the Department of Revenue shall distribute to
26those municipalities 100% of their Net State Sales Tax

 

 

HB1833- 403 -LRB104 09303 RTM 19361 b

1Increment before any distribution to any other municipality
2and regardless of whether or not those other municipalities
3will receive 100% of their Net State Sales Tax Increment. For
4Fiscal Year 1999, and every year thereafter until the year
52007, for any municipality that has not entered into a
6contract or has not issued bonds prior to June 1, 1988 to
7finance redevelopment project costs within a State Sales Tax
8Boundary, the Net State Sales Tax Increment shall be
9calculated as follows: By multiplying the Net State Sales Tax
10Increment by 90% in the State Fiscal Year 1999; 80% in the
11State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
12in the State Fiscal Year 2002; 50% in the State Fiscal Year
132003; 40% in the State Fiscal Year 2004; 30% in the State
14Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
15the State Fiscal Year 2007. No payment shall be made for State
16Fiscal Year 2008 and thereafter.
17    Municipalities that issued bonds in connection with a
18redevelopment project in a redevelopment project area within
19the State Sales Tax Boundary prior to July 29, 1991, or that
20entered into contracts in connection with a redevelopment
21project in a redevelopment project area before June 1, 1988,
22shall continue to receive their proportional share of the
23Illinois Tax Increment Fund distribution until the date on
24which the redevelopment project is completed or terminated.
25If, however, a municipality that issued bonds in connection
26with a redevelopment project in a redevelopment project area

 

 

HB1833- 404 -LRB104 09303 RTM 19361 b

1within the State Sales Tax Boundary prior to July 29, 1991
2retires the bonds prior to June 30, 2007 or a municipality that
3entered into contracts in connection with a redevelopment
4project in a redevelopment project area before June 1, 1988
5completes the contracts prior to June 30, 2007, then so long as
6the redevelopment project is not completed or is not
7terminated, the Net State Sales Tax Increment shall be
8calculated, beginning on the date on which the bonds are
9retired or the contracts are completed, as follows: By
10multiplying the Net State Sales Tax Increment by 60% in the
11State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
12in the State Fiscal Year 2004; 30% in the State Fiscal Year
132005; 20% in the State Fiscal Year 2006; and 10% in the State
14Fiscal Year 2007. No payment shall be made for State Fiscal
15Year 2008 and thereafter. Refunding of any bonds issued prior
16to July 29, 1991, shall not alter the Net State Sales Tax
17Increment.
18    (j) "State Utility Tax Increment Amount" means an amount
19equal to the aggregate increase in State electric and gas tax
20charges imposed on owners and tenants, other than residential
21customers, of properties located within the redevelopment
22project area under Section 9-222 of the Public Utilities Act,
23over and above the aggregate of such charges as certified by
24the Department of Revenue and paid by owners and tenants,
25other than residential customers, of properties within the
26redevelopment project area during the base year, which shall

 

 

HB1833- 405 -LRB104 09303 RTM 19361 b

1be the calendar year immediately prior to the year of the
2adoption of the ordinance authorizing tax increment allocation
3financing.
4    (k) "Net State Utility Tax Increment" means the sum of the
5following: (a) 80% of the first $100,000 of State Utility Tax
6Increment annually generated by a redevelopment project area;
7(b) 60% of the amount in excess of $100,000 but not exceeding
8$500,000 of the State Utility Tax Increment annually generated
9by a redevelopment project area; and (c) 40% of all amounts in
10excess of $500,000 of State Utility Tax Increment annually
11generated by a redevelopment project area. For the State
12Fiscal Year 1999, and every year thereafter until the year
132007, for any municipality that has not entered into a
14contract or has not issued bonds prior to June 1, 1988 to
15finance redevelopment project costs within a redevelopment
16project area, the Net State Utility Tax Increment shall be
17calculated as follows: By multiplying the Net State Utility
18Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
19State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
20in the State Fiscal Year 2002; 50% in the State Fiscal Year
212003; 40% in the State Fiscal Year 2004; 30% in the State
22Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
23the State Fiscal Year 2007. No payment shall be made for the
24State Fiscal Year 2008 and thereafter.
25    Municipalities that issue bonds in connection with the
26redevelopment project during the period from June 1, 1988

 

 

HB1833- 406 -LRB104 09303 RTM 19361 b

1until 3 years after the effective date of this Amendatory Act
2of 1988 shall receive the Net State Utility Tax Increment,
3subject to appropriation, for 15 State Fiscal Years after the
4issuance of such bonds. For the 16th through the 20th State
5Fiscal Years after issuance of the bonds, the Net State
6Utility Tax Increment shall be calculated as follows: By
7multiplying the Net State Utility Tax Increment by 90% in year
816; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
9year 20. Refunding of any bonds issued prior to June 1, 1988,
10shall not alter the revised Net State Utility Tax Increment
11payments set forth above.
12    (l) "Obligations" mean bonds, loans, debentures, notes,
13special certificates or other evidence of indebtedness issued
14by the municipality to carry out a redevelopment project or to
15refund outstanding obligations.
16    (m) "Payment in lieu of taxes" means those estimated tax
17revenues from real property in a redevelopment project area
18derived from real property that has been acquired by a
19municipality which according to the redevelopment project or
20plan is to be used for a private use which taxing districts
21would have received had a municipality not acquired the real
22property and adopted tax increment allocation financing and
23which would result from levies made after the time of the
24adoption of tax increment allocation financing to the time the
25current equalized value of real property in the redevelopment
26project area exceeds the total initial equalized value of real

 

 

HB1833- 407 -LRB104 09303 RTM 19361 b

1property in said area.
2    (n) "Redevelopment plan" means the comprehensive program
3of the municipality for development or redevelopment intended
4by the payment of redevelopment project costs to reduce or
5eliminate those conditions the existence of which qualified
6the redevelopment project area as a "blighted area" or
7"conservation area" or combination thereof or "industrial park
8conservation area," and thereby to enhance the tax bases of
9the taxing districts which extend into the redevelopment
10project area, provided that, with respect to redevelopment
11project areas described in subsections (p-1) and (p-2),
12"redevelopment plan" means the comprehensive program of the
13affected municipality for the development of qualifying
14transit facilities. On and after November 1, 1999 (the
15effective date of Public Act 91-478), no redevelopment plan
16may be approved or amended that includes the development of
17vacant land (i) with a golf course and related clubhouse and
18other facilities or (ii) designated by federal, State, county,
19or municipal government as public land for outdoor
20recreational activities or for nature preserves and used for
21that purpose within 5 years prior to the adoption of the
22redevelopment plan. For the purpose of this subsection,
23"recreational activities" is limited to mean camping and
24hunting. Each redevelopment plan shall set forth in writing
25the program to be undertaken to accomplish the objectives and
26shall include but not be limited to:

 

 

HB1833- 408 -LRB104 09303 RTM 19361 b

1        (A) an itemized list of estimated redevelopment
2    project costs;
3        (B) evidence indicating that the redevelopment project
4    area on the whole has not been subject to growth and
5    development through investment by private enterprise,
6    provided that such evidence shall not be required for any
7    redevelopment project area located within a transit
8    facility improvement area established pursuant to Section
9    11-74.4-3.3;
10        (C) an assessment of any financial impact of the
11    redevelopment project area on or any increased demand for
12    services from any taxing district affected by the plan and
13    any program to address such financial impact or increased
14    demand;
15        (D) the sources of funds to pay costs;
16        (E) the nature and term of the obligations to be
17    issued;
18        (F) the most recent equalized assessed valuation of
19    the redevelopment project area;
20        (G) an estimate as to the equalized assessed valuation
21    after redevelopment and the general land uses to apply in
22    the redevelopment project area;
23        (H) a commitment to fair employment practices and an
24    affirmative action plan;
25        (I) if it concerns an industrial park conservation
26    area, the plan shall also include a general description of

 

 

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1    any proposed developer, user and tenant of any property, a
2    description of the type, structure and general character
3    of the facilities to be developed, a description of the
4    type, class and number of new employees to be employed in
5    the operation of the facilities to be developed; and
6        (J) if property is to be annexed to the municipality,
7    the plan shall include the terms of the annexation
8    agreement.
9    The provisions of items (B) and (C) of this subsection (n)
10shall not apply to a municipality that before March 14, 1994
11(the effective date of Public Act 88-537) had fixed, either by
12its corporate authorities or by a commission designated under
13subsection (k) of Section 11-74.4-4, a time and place for a
14public hearing as required by subsection (a) of Section
1511-74.4-5. No redevelopment plan shall be adopted unless a
16municipality complies with all of the following requirements:
17        (1) The municipality finds that the redevelopment
18    project area on the whole has not been subject to growth
19    and development through investment by private enterprise
20    and would not reasonably be anticipated to be developed
21    without the adoption of the redevelopment plan, provided,
22    however, that such a finding shall not be required with
23    respect to any redevelopment project area located within a
24    transit facility improvement area established pursuant to
25    Section 11-74.4-3.3.
26        (2) The municipality finds that the redevelopment plan

 

 

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1    and project conform to the comprehensive plan for the
2    development of the municipality as a whole, or, for
3    municipalities with a population of 100,000 or more,
4    regardless of when the redevelopment plan and project was
5    adopted, the redevelopment plan and project either: (i)
6    conforms to the strategic economic development or
7    redevelopment plan issued by the designated planning
8    authority of the municipality, or (ii) includes land uses
9    that have been approved by the planning commission of the
10    municipality.
11        (3) The redevelopment plan establishes the estimated
12    dates of completion of the redevelopment project and
13    retirement of obligations issued to finance redevelopment
14    project costs. Those dates may not be later than the dates
15    set forth under Section 11-74.4-3.5.
16        A municipality may by municipal ordinance amend an
17    existing redevelopment plan to conform to this paragraph
18    (3) as amended by Public Act 91-478, which municipal
19    ordinance may be adopted without further hearing or notice
20    and without complying with the procedures provided in this
21    Act pertaining to an amendment to or the initial approval
22    of a redevelopment plan and project and designation of a
23    redevelopment project area.
24        (3.5) The municipality finds, in the case of an
25    industrial park conservation area, also that the
26    municipality is a labor surplus municipality and that the

 

 

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1    implementation of the redevelopment plan will reduce
2    unemployment, create new jobs and by the provision of new
3    facilities enhance the tax base of the taxing districts
4    that extend into the redevelopment project area.
5        (4) If any incremental revenues are being utilized
6    under Section 8(a)(1) or 8(a)(2) of this Act in
7    redevelopment project areas approved by ordinance after
8    January 1, 1986, the municipality finds: (a) that the
9    redevelopment project area would not reasonably be
10    developed without the use of such incremental revenues,
11    and (b) that such incremental revenues will be exclusively
12    utilized for the development of the redevelopment project
13    area.
14        (5) If: (a) the redevelopment plan will not result in
15    displacement of residents from 10 or more inhabited
16    residential units, and the municipality certifies in the
17    plan that such displacement will not result from the plan;
18    or (b) the redevelopment plan is for a redevelopment
19    project area or a qualifying transit facility located
20    within a transit facility improvement area established
21    pursuant to Section 11-74.4-3.3, and the applicable
22    project is subject to the process for evaluation of
23    environmental effects under the National Environmental
24    Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
25    impact study need not be performed. If, however, the
26    redevelopment plan would result in the displacement of

 

 

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1    residents from 10 or more inhabited residential units, or
2    if the redevelopment project area contains 75 or more
3    inhabited residential units and no certification is made,
4    then the municipality shall prepare, as part of the
5    separate feasibility report required by subsection (a) of
6    Section 11-74.4-5, a housing impact study.
7        Part I of the housing impact study shall include (i)
8    data as to whether the residential units are single family
9    or multi-family units, (ii) the number and type of rooms
10    within the units, if that information is available, (iii)
11    whether the units are inhabited or uninhabited, as
12    determined not less than 45 days before the date that the
13    ordinance or resolution required by subsection (a) of
14    Section 11-74.4-5 is passed, and (iv) data as to the
15    racial and ethnic composition of the residents in the
16    inhabited residential units. The data requirement as to
17    the racial and ethnic composition of the residents in the
18    inhabited residential units shall be deemed to be fully
19    satisfied by data from the most recent federal census.
20        Part II of the housing impact study shall identify the
21    inhabited residential units in the proposed redevelopment
22    project area that are to be or may be removed. If inhabited
23    residential units are to be removed, then the housing
24    impact study shall identify (i) the number and location of
25    those units that will or may be removed, (ii) the
26    municipality's plans for relocation assistance for those

 

 

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1    residents in the proposed redevelopment project area whose
2    residences are to be removed, (iii) the availability of
3    replacement housing for those residents whose residences
4    are to be removed, and shall identify the type, location,
5    and cost of the housing, and (iv) the type and extent of
6    relocation assistance to be provided.
7        (6) On and after November 1, 1999, the housing impact
8    study required by paragraph (5) shall be incorporated in
9    the redevelopment plan for the redevelopment project area.
10        (7) On and after November 1, 1999, no redevelopment
11    plan shall be adopted, nor an existing plan amended, nor
12    shall residential housing that is occupied by households
13    of low-income and very low-income persons in currently
14    existing redevelopment project areas be removed after
15    November 1, 1999 unless the redevelopment plan provides,
16    with respect to inhabited housing units that are to be
17    removed for households of low-income and very low-income
18    persons, affordable housing and relocation assistance not
19    less than that which would be provided under the federal
20    Uniform Relocation Assistance and Real Property
21    Acquisition Policies Act of 1970 and the regulations under
22    that Act, including the eligibility criteria. Affordable
23    housing may be either existing or newly constructed
24    housing. For purposes of this paragraph (7), "low-income
25    households", "very low-income households", and "affordable
26    housing" have the meanings set forth in the Illinois

 

 

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1    Affordable Housing Act. The municipality shall make a good
2    faith effort to ensure that this affordable housing is
3    located in or near the redevelopment project area within
4    the municipality.
5        (8) On and after November 1, 1999, if, after the
6    adoption of the redevelopment plan for the redevelopment
7    project area, any municipality desires to amend its
8    redevelopment plan to remove more inhabited residential
9    units than specified in its original redevelopment plan,
10    that change shall be made in accordance with the
11    procedures in subsection (c) of Section 11-74.4-5.
12        (9) For redevelopment project areas designated prior
13    to November 1, 1999, the redevelopment plan may be amended
14    without further joint review board meeting or hearing,
15    provided that the municipality shall give notice of any
16    such changes by mail to each affected taxing district and
17    registrant on the interested party registry, to authorize
18    the municipality to expend tax increment revenues for
19    redevelopment project costs defined by paragraphs (5) and
20    (7.5), subparagraphs (E) and (F) of paragraph (11), and
21    paragraph (11.5) of subsection (q) of Section 11-74.4-3,
22    so long as the changes do not increase the total estimated
23    redevelopment project costs set out in the redevelopment
24    plan by more than 5% after adjustment for inflation from
25    the date the plan was adopted.
26    (o) "Redevelopment project" means any public and private

 

 

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1development project in furtherance of the objectives of a
2redevelopment plan. On and after November 1, 1999 (the
3effective date of Public Act 91-478), no redevelopment plan
4may be approved or amended that includes the development of
5vacant land (i) with a golf course and related clubhouse and
6other facilities or (ii) designated by federal, State, county,
7or municipal government as public land for outdoor
8recreational activities or for nature preserves and used for
9that purpose within 5 years prior to the adoption of the
10redevelopment plan. For the purpose of this subsection,
11"recreational activities" is limited to mean camping and
12hunting.
13    (p) "Redevelopment project area" means an area designated
14by the municipality, which is not less in the aggregate than 1
151/2 acres and in respect to which the municipality has made a
16finding that there exist conditions which cause the area to be
17classified as an industrial park conservation area or a
18blighted area or a conservation area, or a combination of both
19blighted areas and conservation areas.
20    (p-1) Notwithstanding any provision of this Act to the
21contrary, on and after August 25, 2009 (the effective date of
22Public Act 96-680), a redevelopment project area may include
23areas within a one-half mile radius of an existing or proposed
24Metropolitan Mobility Regional Transportation Authority
25Suburban Transit Access Route (STAR Line) station without a
26finding that the area is classified as an industrial park

 

 

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1conservation area, a blighted area, a conservation area, or a
2combination thereof, but only if the municipality receives
3unanimous consent from the joint review board created to
4review the proposed redevelopment project area.
5    (p-2) Notwithstanding any provision of this Act to the
6contrary, on and after the effective date of this amendatory
7Act of the 99th General Assembly, a redevelopment project area
8may include areas within a transit facility improvement area
9that has been established pursuant to Section 11-74.4-3.3
10without a finding that the area is classified as an industrial
11park conservation area, a blighted area, a conservation area,
12or any combination thereof.
13    (q) "Redevelopment project costs", except for
14redevelopment project areas created pursuant to subsection
15(p-1) or (p-2), means and includes the sum total of all
16reasonable or necessary costs incurred or estimated to be
17incurred, and any such costs incidental to a redevelopment
18plan and a redevelopment project. Such costs include, without
19limitation, the following:
20        (1) Costs of studies, surveys, development of plans,
21    and specifications, implementation and administration of
22    the redevelopment plan including but not limited to staff
23    and professional service costs for architectural,
24    engineering, legal, financial, planning or other services,
25    provided however that no charges for professional services
26    may be based on a percentage of the tax increment

 

 

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1    collected; except that on and after November 1, 1999 (the
2    effective date of Public Act 91-478), no contracts for
3    professional services, excluding architectural and
4    engineering services, may be entered into if the terms of
5    the contract extend beyond a period of 3 years. In
6    addition, "redevelopment project costs" shall not include
7    lobbying expenses. After consultation with the
8    municipality, each tax increment consultant or advisor to
9    a municipality that plans to designate or has designated a
10    redevelopment project area shall inform the municipality
11    in writing of any contracts that the consultant or advisor
12    has entered into with entities or individuals that have
13    received, or are receiving, payments financed by tax
14    increment revenues produced by the redevelopment project
15    area with respect to which the consultant or advisor has
16    performed, or will be performing, service for the
17    municipality. This requirement shall be satisfied by the
18    consultant or advisor before the commencement of services
19    for the municipality and thereafter whenever any other
20    contracts with those individuals or entities are executed
21    by the consultant or advisor;
22        (1.5) After July 1, 1999, annual administrative costs
23    shall not include general overhead or administrative costs
24    of the municipality that would still have been incurred by
25    the municipality if the municipality had not designated a
26    redevelopment project area or approved a redevelopment

 

 

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1    plan;
2        (1.6) The cost of marketing sites within the
3    redevelopment project area to prospective businesses,
4    developers, and investors;
5        (2) Property assembly costs, including but not limited
6    to acquisition of land and other property, real or
7    personal, or rights or interests therein, demolition of
8    buildings, site preparation, site improvements that serve
9    as an engineered barrier addressing ground level or below
10    ground environmental contamination, including, but not
11    limited to parking lots and other concrete or asphalt
12    barriers, and the clearing and grading of land;
13        (3) Costs of rehabilitation, reconstruction or repair
14    or remodeling of existing public or private buildings,
15    fixtures, and leasehold improvements; and the cost of
16    replacing an existing public building if pursuant to the
17    implementation of a redevelopment project the existing
18    public building is to be demolished to use the site for
19    private investment or devoted to a different use requiring
20    private investment; including any direct or indirect costs
21    relating to Green Globes or LEED certified construction
22    elements or construction elements with an equivalent
23    certification;
24        (4) Costs of the construction of public works or
25    improvements, including any direct or indirect costs
26    relating to Green Globes or LEED certified construction

 

 

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1    elements or construction elements with an equivalent
2    certification, except that on and after November 1, 1999,
3    redevelopment project costs shall not include the cost of
4    constructing a new municipal public building principally
5    used to provide offices, storage space, or conference
6    facilities or vehicle storage, maintenance, or repair for
7    administrative, public safety, or public works personnel
8    and that is not intended to replace an existing public
9    building as provided under paragraph (3) of subsection (q)
10    of Section 11-74.4-3 unless either (i) the construction of
11    the new municipal building implements a redevelopment
12    project that was included in a redevelopment plan that was
13    adopted by the municipality prior to November 1, 1999,
14    (ii) the municipality makes a reasonable determination in
15    the redevelopment plan, supported by information that
16    provides the basis for that determination, that the new
17    municipal building is required to meet an increase in the
18    need for public safety purposes anticipated to result from
19    the implementation of the redevelopment plan, or (iii) the
20    new municipal public building is for the storage,
21    maintenance, or repair of transit vehicles and is located
22    in a transit facility improvement area that has been
23    established pursuant to Section 11-74.4-3.3;
24        (5) Costs of job training and retraining projects,
25    including the cost of "welfare to work" programs
26    implemented by businesses located within the redevelopment

 

 

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1    project area;
2        (6) Financing costs, including but not limited to all
3    necessary and incidental expenses related to the issuance
4    of obligations and which may include payment of interest
5    on any obligations issued hereunder including interest
6    accruing during the estimated period of construction of
7    any redevelopment project for which such obligations are
8    issued and for not exceeding 36 months thereafter and
9    including reasonable reserves related thereto;
10        (7) To the extent the municipality by written
11    agreement accepts and approves the same, all or a portion
12    of a taxing district's capital costs resulting from the
13    redevelopment project necessarily incurred or to be
14    incurred within a taxing district in furtherance of the
15    objectives of the redevelopment plan and project;
16        (7.5) For redevelopment project areas designated (or
17    redevelopment project areas amended to add or increase the
18    number of tax-increment-financing assisted housing units)
19    on or after November 1, 1999, an elementary, secondary, or
20    unit school district's increased costs attributable to
21    assisted housing units located within the redevelopment
22    project area for which the developer or redeveloper
23    receives financial assistance through an agreement with
24    the municipality or because the municipality incurs the
25    cost of necessary infrastructure improvements within the
26    boundaries of the assisted housing sites necessary for the

 

 

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1    completion of that housing as authorized by this Act, and
2    which costs shall be paid by the municipality from the
3    Special Tax Allocation Fund when the tax increment revenue
4    is received as a result of the assisted housing units and
5    shall be calculated annually as follows:
6            (A) for foundation districts, excluding any school
7        district in a municipality with a population in excess
8        of 1,000,000, by multiplying the district's increase
9        in attendance resulting from the net increase in new
10        students enrolled in that school district who reside
11        in housing units within the redevelopment project area
12        that have received financial assistance through an
13        agreement with the municipality or because the
14        municipality incurs the cost of necessary
15        infrastructure improvements within the boundaries of
16        the housing sites necessary for the completion of that
17        housing as authorized by this Act since the
18        designation of the redevelopment project area by the
19        most recently available per capita tuition cost as
20        defined in Section 10-20.12a of the School Code less
21        any increase in general State aid as defined in
22        Section 18-8.05 of the School Code or evidence-based
23        funding as defined in Section 18-8.15 of the School
24        Code attributable to these added new students subject
25        to the following annual limitations:
26                (i) for unit school districts with a district

 

 

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1            average 1995-96 Per Capita Tuition Charge of less
2            than $5,900, no more than 25% of the total amount
3            of property tax increment revenue produced by
4            those housing units that have received tax
5            increment finance assistance under this Act;
6                (ii) for elementary school districts with a
7            district average 1995-96 Per Capita Tuition Charge
8            of less than $5,900, no more than 17% of the total
9            amount of property tax increment revenue produced
10            by those housing units that have received tax
11            increment finance assistance under this Act; and
12                (iii) for secondary school districts with a
13            district average 1995-96 Per Capita Tuition Charge
14            of less than $5,900, no more than 8% of the total
15            amount of property tax increment revenue produced
16            by those housing units that have received tax
17            increment finance assistance under this Act.
18            (B) For alternate method districts, flat grant
19        districts, and foundation districts with a district
20        average 1995-96 Per Capita Tuition Charge equal to or
21        more than $5,900, excluding any school district with a
22        population in excess of 1,000,000, by multiplying the
23        district's increase in attendance resulting from the
24        net increase in new students enrolled in that school
25        district who reside in housing units within the
26        redevelopment project area that have received

 

 

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1        financial assistance through an agreement with the
2        municipality or because the municipality incurs the
3        cost of necessary infrastructure improvements within
4        the boundaries of the housing sites necessary for the
5        completion of that housing as authorized by this Act
6        since the designation of the redevelopment project
7        area by the most recently available per capita tuition
8        cost as defined in Section 10-20.12a of the School
9        Code less any increase in general state aid as defined
10        in Section 18-8.05 of the School Code or
11        evidence-based funding as defined in Section 18-8.15
12        of the School Code attributable to these added new
13        students subject to the following annual limitations:
14                (i) for unit school districts, no more than
15            40% of the total amount of property tax increment
16            revenue produced by those housing units that have
17            received tax increment finance assistance under
18            this Act;
19                (ii) for elementary school districts, no more
20            than 27% of the total amount of property tax
21            increment revenue produced by those housing units
22            that have received tax increment finance
23            assistance under this Act; and
24                (iii) for secondary school districts, no more
25            than 13% of the total amount of property tax
26            increment revenue produced by those housing units

 

 

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1            that have received tax increment finance
2            assistance under this Act.
3            (C) For any school district in a municipality with
4        a population in excess of 1,000,000, the following
5        restrictions shall apply to the reimbursement of
6        increased costs under this paragraph (7.5):
7                (i) no increased costs shall be reimbursed
8            unless the school district certifies that each of
9            the schools affected by the assisted housing
10            project is at or over its student capacity;
11                (ii) the amount reimbursable shall be reduced
12            by the value of any land donated to the school
13            district by the municipality or developer, and by
14            the value of any physical improvements made to the
15            schools by the municipality or developer; and
16                (iii) the amount reimbursed may not affect
17            amounts otherwise obligated by the terms of any
18            bonds, notes, or other funding instruments, or the
19            terms of any redevelopment agreement.
20        Any school district seeking payment under this
21        paragraph (7.5) shall, after July 1 and before
22        September 30 of each year, provide the municipality
23        with reasonable evidence to support its claim for
24        reimbursement before the municipality shall be
25        required to approve or make the payment to the school
26        district. If the school district fails to provide the

 

 

HB1833- 425 -LRB104 09303 RTM 19361 b

1        information during this period in any year, it shall
2        forfeit any claim to reimbursement for that year.
3        School districts may adopt a resolution waiving the
4        right to all or a portion of the reimbursement
5        otherwise required by this paragraph (7.5). By
6        acceptance of this reimbursement the school district
7        waives the right to directly or indirectly set aside,
8        modify, or contest in any manner the establishment of
9        the redevelopment project area or projects;
10        (7.7) For redevelopment project areas designated (or
11    redevelopment project areas amended to add or increase the
12    number of tax-increment-financing assisted housing units)
13    on or after January 1, 2005 (the effective date of Public
14    Act 93-961), a public library district's increased costs
15    attributable to assisted housing units located within the
16    redevelopment project area for which the developer or
17    redeveloper receives financial assistance through an
18    agreement with the municipality or because the
19    municipality incurs the cost of necessary infrastructure
20    improvements within the boundaries of the assisted housing
21    sites necessary for the completion of that housing as
22    authorized by this Act shall be paid to the library
23    district by the municipality from the Special Tax
24    Allocation Fund when the tax increment revenue is received
25    as a result of the assisted housing units. This paragraph
26    (7.7) applies only if (i) the library district is located

 

 

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1    in a county that is subject to the Property Tax Extension
2    Limitation Law or (ii) the library district is not located
3    in a county that is subject to the Property Tax Extension
4    Limitation Law but the district is prohibited by any other
5    law from increasing its tax levy rate without a prior
6    voter referendum.
7        The amount paid to a library district under this
8    paragraph (7.7) shall be calculated by multiplying (i) the
9    net increase in the number of persons eligible to obtain a
10    library card in that district who reside in housing units
11    within the redevelopment project area that have received
12    financial assistance through an agreement with the
13    municipality or because the municipality incurs the cost
14    of necessary infrastructure improvements within the
15    boundaries of the housing sites necessary for the
16    completion of that housing as authorized by this Act since
17    the designation of the redevelopment project area by (ii)
18    the per-patron cost of providing library services so long
19    as it does not exceed $120. The per-patron cost shall be
20    the Total Operating Expenditures Per Capita for the
21    library in the previous fiscal year. The municipality may
22    deduct from the amount that it must pay to a library
23    district under this paragraph any amount that it has
24    voluntarily paid to the library district from the tax
25    increment revenue. The amount paid to a library district
26    under this paragraph (7.7) shall be no more than 2% of the

 

 

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1    amount produced by the assisted housing units and
2    deposited into the Special Tax Allocation Fund.
3        A library district is not eligible for any payment
4    under this paragraph (7.7) unless the library district has
5    experienced an increase in the number of patrons from the
6    municipality that created the tax-increment-financing
7    district since the designation of the redevelopment
8    project area.
9        Any library district seeking payment under this
10    paragraph (7.7) shall, after July 1 and before September
11    30 of each year, provide the municipality with convincing
12    evidence to support its claim for reimbursement before the
13    municipality shall be required to approve or make the
14    payment to the library district. If the library district
15    fails to provide the information during this period in any
16    year, it shall forfeit any claim to reimbursement for that
17    year. Library districts may adopt a resolution waiving the
18    right to all or a portion of the reimbursement otherwise
19    required by this paragraph (7.7). By acceptance of such
20    reimbursement, the library district shall forfeit any
21    right to directly or indirectly set aside, modify, or
22    contest in any manner whatsoever the establishment of the
23    redevelopment project area or projects;
24        (8) Relocation costs to the extent that a municipality
25    determines that relocation costs shall be paid or is
26    required to make payment of relocation costs by federal or

 

 

HB1833- 428 -LRB104 09303 RTM 19361 b

1    State law or in order to satisfy subparagraph (7) of
2    subsection (n);
3        (9) Payment in lieu of taxes;
4        (10) Costs of job training, retraining, advanced
5    vocational education or career education, including but
6    not limited to courses in occupational, semi-technical or
7    technical fields leading directly to employment, incurred
8    by one or more taxing districts, provided that such costs
9    (i) are related to the establishment and maintenance of
10    additional job training, advanced vocational education or
11    career education programs for persons employed or to be
12    employed by employers located in a redevelopment project
13    area; and (ii) when incurred by a taxing district or
14    taxing districts other than the municipality, are set
15    forth in a written agreement by or among the municipality
16    and the taxing district or taxing districts, which
17    agreement describes the program to be undertaken,
18    including but not limited to the number of employees to be
19    trained, a description of the training and services to be
20    provided, the number and type of positions available or to
21    be available, itemized costs of the program and sources of
22    funds to pay for the same, and the term of the agreement.
23    Such costs include, specifically, the payment by community
24    college districts of costs pursuant to Sections 3-37,
25    3-38, 3-40 and 3-40.1 of the Public Community College Act
26    and by school districts of costs pursuant to Sections

 

 

HB1833- 429 -LRB104 09303 RTM 19361 b

1    10-22.20a and 10-23.3a of the School Code;
2        (11) Interest cost incurred by a redeveloper related
3    to the construction, renovation or rehabilitation of a
4    redevelopment project provided that:
5            (A) such costs are to be paid directly from the
6        special tax allocation fund established pursuant to
7        this Act;
8            (B) such payments in any one year may not exceed
9        30% of the annual interest costs incurred by the
10        redeveloper with regard to the redevelopment project
11        during that year;
12            (C) if there are not sufficient funds available in
13        the special tax allocation fund to make the payment
14        pursuant to this paragraph (11) then the amounts so
15        due shall accrue and be payable when sufficient funds
16        are available in the special tax allocation fund;
17            (D) the total of such interest payments paid
18        pursuant to this Act may not exceed 30% of the total
19        (i) cost paid or incurred by the redeveloper for the
20        redevelopment project plus (ii) redevelopment project
21        costs excluding any property assembly costs and any
22        relocation costs incurred by a municipality pursuant
23        to this Act;
24            (E) the cost limits set forth in subparagraphs (B)
25        and (D) of paragraph (11) shall be modified for the
26        financing of rehabilitated or new housing units for

 

 

HB1833- 430 -LRB104 09303 RTM 19361 b

1        low-income households and very low-income households,
2        as defined in Section 3 of the Illinois Affordable
3        Housing Act. The percentage of 75% shall be
4        substituted for 30% in subparagraphs (B) and (D) of
5        paragraph (11); and
6            (F) instead of the eligible costs provided by
7        subparagraphs (B) and (D) of paragraph (11), as
8        modified by this subparagraph, and notwithstanding any
9        other provisions of this Act to the contrary, the
10        municipality may pay from tax increment revenues up to
11        50% of the cost of construction of new housing units to
12        be occupied by low-income households and very
13        low-income households as defined in Section 3 of the
14        Illinois Affordable Housing Act. The cost of
15        construction of those units may be derived from the
16        proceeds of bonds issued by the municipality under
17        this Act or other constitutional or statutory
18        authority or from other sources of municipal revenue
19        that may be reimbursed from tax increment revenues or
20        the proceeds of bonds issued to finance the
21        construction of that housing.
22            The eligible costs provided under this
23        subparagraph (F) of paragraph (11) shall be an
24        eligible cost for the construction, renovation, and
25        rehabilitation of all low and very low-income housing
26        units, as defined in Section 3 of the Illinois

 

 

HB1833- 431 -LRB104 09303 RTM 19361 b

1        Affordable Housing Act, within the redevelopment
2        project area. If the low and very low-income units are
3        part of a residential redevelopment project that
4        includes units not affordable to low and very
5        low-income households, only the low and very
6        low-income units shall be eligible for benefits under
7        this subparagraph (F) of paragraph (11). The standards
8        for maintaining the occupancy by low-income households
9        and very low-income households, as defined in Section
10        3 of the Illinois Affordable Housing Act, of those
11        units constructed with eligible costs made available
12        under the provisions of this subparagraph (F) of
13        paragraph (11) shall be established by guidelines
14        adopted by the municipality. The responsibility for
15        annually documenting the initial occupancy of the
16        units by low-income households and very low-income
17        households, as defined in Section 3 of the Illinois
18        Affordable Housing Act, shall be that of the then
19        current owner of the property. For ownership units,
20        the guidelines will provide, at a minimum, for a
21        reasonable recapture of funds, or other appropriate
22        methods designed to preserve the original
23        affordability of the ownership units. For rental
24        units, the guidelines will provide, at a minimum, for
25        the affordability of rent to low and very low-income
26        households. As units become available, they shall be

 

 

HB1833- 432 -LRB104 09303 RTM 19361 b

1        rented to income-eligible tenants. The municipality
2        may modify these guidelines from time to time; the
3        guidelines, however, shall be in effect for as long as
4        tax increment revenue is being used to pay for costs
5        associated with the units or for the retirement of
6        bonds issued to finance the units or for the life of
7        the redevelopment project area, whichever is later;
8        (11.5) If the redevelopment project area is located
9    within a municipality with a population of more than
10    100,000, the cost of day care services for children of
11    employees from low-income families working for businesses
12    located within the redevelopment project area and all or a
13    portion of the cost of operation of day care centers
14    established by redevelopment project area businesses to
15    serve employees from low-income families working in
16    businesses located in the redevelopment project area. For
17    the purposes of this paragraph, "low-income families"
18    means families whose annual income does not exceed 80% of
19    the municipal, county, or regional median income, adjusted
20    for family size, as the annual income and municipal,
21    county, or regional median income are determined from time
22    to time by the United States Department of Housing and
23    Urban Development.
24        (12) Costs relating to the development of urban
25    agricultural areas under Division 15.2 of the Illinois
26    Municipal Code.

 

 

HB1833- 433 -LRB104 09303 RTM 19361 b

1    Unless explicitly stated herein the cost of construction
2of new privately-owned buildings shall not be an eligible
3redevelopment project cost.
4    After November 1, 1999 (the effective date of Public Act
591-478), none of the redevelopment project costs enumerated in
6this subsection shall be eligible redevelopment project costs
7if those costs would provide direct financial support to a
8retail entity initiating operations in the redevelopment
9project area while terminating operations at another Illinois
10location within 10 miles of the redevelopment project area but
11outside the boundaries of the redevelopment project area
12municipality. For purposes of this paragraph, termination
13means a closing of a retail operation that is directly related
14to the opening of the same operation or like retail entity
15owned or operated by more than 50% of the original ownership in
16a redevelopment project area, but it does not mean closing an
17operation for reasons beyond the control of the retail entity,
18as documented by the retail entity, subject to a reasonable
19finding by the municipality that the current location
20contained inadequate space, had become economically obsolete,
21or was no longer a viable location for the retailer or
22serviceman.
23    No cost shall be a redevelopment project cost in a
24redevelopment project area if used to demolish, remove, or
25substantially modify a historic resource, after August 26,
262008 (the effective date of Public Act 95-934), unless no

 

 

HB1833- 434 -LRB104 09303 RTM 19361 b

1prudent and feasible alternative exists. "Historic resource"
2for the purpose of this paragraph means (i) a place or
3structure that is included or eligible for inclusion on the
4National Register of Historic Places or (ii) a contributing
5structure in a district on the National Register of Historic
6Places. This paragraph does not apply to a place or structure
7for which demolition, removal, or modification is subject to
8review by the preservation agency of a Certified Local
9Government designated as such by the National Park Service of
10the United States Department of the Interior.
11    If a special service area has been established pursuant to
12the Special Service Area Tax Act or Special Service Area Tax
13Law, then any tax increment revenues derived from the tax
14imposed pursuant to the Special Service Area Tax Act or
15Special Service Area Tax Law may be used within the
16redevelopment project area for the purposes permitted by that
17Act or Law as well as the purposes permitted by this Act.
18    (q-1) For redevelopment project areas created pursuant to
19subsection (p-1), redevelopment project costs are limited to
20those costs in paragraph (q) that are related to the existing
21or proposed Metropolitan Mobility Regional Transportation
22Authority Suburban Transit Access Route (STAR Line) station.
23    (q-2) For a transit facility improvement area established
24prior to, on, or after the effective date of this amendatory
25Act of the 102nd General Assembly: (i) "redevelopment project
26costs" means those costs described in subsection (q) that are

 

 

HB1833- 435 -LRB104 09303 RTM 19361 b

1related to the construction, reconstruction, rehabilitation,
2remodeling, or repair of any existing or proposed transit
3facility, whether that facility is located within or outside
4the boundaries of a redevelopment project area established
5within that transit facility improvement area (and, to the
6extent a redevelopment project cost is described in subsection
7(q) as incurred or estimated to be incurred with respect to a
8redevelopment project area, then it shall apply with respect
9to such transit facility improvement area); and (ii) the
10provisions of Section 11-74.4-8 regarding tax increment
11allocation financing for a redevelopment project area located
12in a transit facility improvement area shall apply only to the
13lots, blocks, tracts and parcels of real property that are
14located within the boundaries of that redevelopment project
15area and not to the lots, blocks, tracts, and parcels of real
16property that are located outside the boundaries of that
17redevelopment project area.
18    (r) "State Sales Tax Boundary" means the redevelopment
19project area or the amended redevelopment project area
20boundaries which are determined pursuant to subsection (9) of
21Section 11-74.4-8a of this Act. The Department of Revenue
22shall certify pursuant to subsection (9) of Section 11-74.4-8a
23the appropriate boundaries eligible for the determination of
24State Sales Tax Increment.
25    (s) "State Sales Tax Increment" means an amount equal to
26the increase in the aggregate amount of taxes paid by

 

 

HB1833- 436 -LRB104 09303 RTM 19361 b

1retailers and servicemen, other than retailers and servicemen
2subject to the Public Utilities Act, on transactions at places
3of business located within a State Sales Tax Boundary pursuant
4to the Retailers' Occupation Tax Act, the Use Tax Act, the
5Service Use Tax Act, and the Service Occupation Tax Act,
6except such portion of such increase that is paid into the
7State and Local Sales Tax Reform Fund, the Local Government
8Distributive Fund, the Local Government Tax Fund and the
9County and Mass Transit District Fund, for as long as State
10participation exists, over and above the Initial Sales Tax
11Amounts, Adjusted Initial Sales Tax Amounts or the Revised
12Initial Sales Tax Amounts for such taxes as certified by the
13Department of Revenue and paid under those Acts by retailers
14and servicemen on transactions at places of business located
15within the State Sales Tax Boundary during the base year which
16shall be the calendar year immediately prior to the year in
17which the municipality adopted tax increment allocation
18financing, less 3.0% of such amounts generated under the
19Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
20Act and the Service Occupation Tax Act, which sum shall be
21appropriated to the Department of Revenue to cover its costs
22of administering and enforcing this Section. For purposes of
23computing the aggregate amount of such taxes for base years
24occurring prior to 1985, the Department of Revenue shall
25compute the Initial Sales Tax Amount for such taxes and deduct
26therefrom an amount equal to 4% of the aggregate amount of

 

 

HB1833- 437 -LRB104 09303 RTM 19361 b

1taxes per year for each year the base year is prior to 1985,
2but not to exceed a total deduction of 12%. The amount so
3determined shall be known as the "Adjusted Initial Sales Tax
4Amount". For purposes of determining the State Sales Tax
5Increment the Department of Revenue shall for each period
6subtract from the tax amounts received from retailers and
7servicemen on transactions located in the State Sales Tax
8Boundary, the certified Initial Sales Tax Amounts, Adjusted
9Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
10for the Retailers' Occupation Tax Act, the Use Tax Act, the
11Service Use Tax Act and the Service Occupation Tax Act. For the
12State Fiscal Year 1989 this calculation shall be made by
13utilizing the calendar year 1987 to determine the tax amounts
14received. For the State Fiscal Year 1990, this calculation
15shall be made by utilizing the period from January 1, 1988,
16until September 30, 1988, to determine the tax amounts
17received from retailers and servicemen, which shall have
18deducted therefrom nine-twelfths of the certified Initial
19Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
20Revised Initial Sales Tax Amounts as appropriate. For the
21State Fiscal Year 1991, this calculation shall be made by
22utilizing the period from October 1, 1988, until June 30,
231989, to determine the tax amounts received from retailers and
24servicemen, which shall have deducted therefrom nine-twelfths
25of the certified Initial State Sales Tax Amounts, Adjusted
26Initial Sales Tax Amounts or the Revised Initial Sales Tax

 

 

HB1833- 438 -LRB104 09303 RTM 19361 b

1Amounts as appropriate. For every State Fiscal Year
2thereafter, the applicable period shall be the 12 months
3beginning July 1 and ending on June 30, to determine the tax
4amounts received which shall have deducted therefrom the
5certified Initial Sales Tax Amounts, Adjusted Initial Sales
6Tax Amounts or the Revised Initial Sales Tax Amounts.
7Municipalities intending to receive a distribution of State
8Sales Tax Increment must report a list of retailers to the
9Department of Revenue by October 31, 1988 and by July 31, of
10each year thereafter.
11    (t) "Taxing districts" means counties, townships, cities
12and incorporated towns and villages, school, road, park,
13sanitary, mosquito abatement, forest preserve, public health,
14fire protection, river conservancy, tuberculosis sanitarium
15and any other municipal corporations or districts with the
16power to levy taxes.
17    (u) "Taxing districts' capital costs" means those costs of
18taxing districts for capital improvements that are found by
19the municipal corporate authorities to be necessary and
20directly result from the redevelopment project.
21    (v) As used in subsection (a) of Section 11-74.4-3 of this
22Act, "vacant land" means any parcel or combination of parcels
23of real property without industrial, commercial, and
24residential buildings which has not been used for commercial
25agricultural purposes within 5 years prior to the designation
26of the redevelopment project area, unless the parcel is

 

 

HB1833- 439 -LRB104 09303 RTM 19361 b

1included in an industrial park conservation area or the parcel
2has been subdivided; provided that if the parcel was part of a
3larger tract that has been divided into 3 or more smaller
4tracts that were accepted for recording during the period from
51950 to 1990, then the parcel shall be deemed to have been
6subdivided, and all proceedings and actions of the
7municipality taken in that connection with respect to any
8previously approved or designated redevelopment project area
9or amended redevelopment project area are hereby validated and
10hereby declared to be legally sufficient for all purposes of
11this Act. For purposes of this Section and only for land
12subject to the subdivision requirements of the Plat Act, land
13is subdivided when the original plat of the proposed
14Redevelopment Project Area or relevant portion thereof has
15been properly certified, acknowledged, approved, and recorded
16or filed in accordance with the Plat Act and a preliminary
17plat, if any, for any subsequent phases of the proposed
18Redevelopment Project Area or relevant portion thereof has
19been properly approved and filed in accordance with the
20applicable ordinance of the municipality.
21    (w) "Annual Total Increment" means the sum of each
22municipality's annual Net Sales Tax Increment and each
23municipality's annual Net Utility Tax Increment. The ratio of
24the Annual Total Increment of each municipality to the Annual
25Total Increment for all municipalities, as most recently
26calculated by the Department, shall determine the proportional

 

 

HB1833- 440 -LRB104 09303 RTM 19361 b

1shares of the Illinois Tax Increment Fund to be distributed to
2each municipality.
3    (x) "LEED certified" means any certification level of
4construction elements by a qualified Leadership in Energy and
5Environmental Design Accredited Professional as determined by
6the U.S. Green Building Council.
7    (y) "Green Globes certified" means any certification level
8of construction elements by a qualified Green Globes
9Professional as determined by the Green Building Initiative.
10(Source: P.A. 102-627, eff. 8-27-21.)
 
11    (65 ILCS 5/Art. 11 Div. 122.2 heading)
12
DIVISION 122.2. METROPOLITAN MOBILITY REGIONAL TRANSPORTATION
13
AUTHORITY

 
14    (65 ILCS 5/11-122.2-1)  (from Ch. 24, par. 11-122.2-1)
15    Sec. 11-122.2-1. In addition to all its other powers,
16every municipality shall, in all its dealings with the
17Metropolitan Mobility Regional Transportation Authority
18established by the Metropolitan Mobility "Regional
19Transportation Authority Act", enacted by the 78th General
20Assembly, have the following powers:
21    (a) to cooperate with the Metropolitan Mobility Regional
22Transportation Authority in the exercise by the Metropolitan
23Mobility Regional Transportation Authority of all the powers
24granted it by the Act;

 

 

HB1833- 441 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 442 -LRB104 09303 RTM 19361 b

1subject to such conditions, restrictions, liens or security or
2other interests of other parties as the municipality may deem
3appropriate and in each case the municipality may acquire a
4joint, leasehold, easement, license or other partial interest
5in such property;
6    (e) to sell, sell by installment contract, lease (or
7sublease) as lessor, or transfer to, or grant to or provide for
8the use by the Metropolitan Mobility Authority any public
9transportation facility Regional Transportation Authority or a
10Service Board any Public Transportation Facility, as defined
11in the Metropolitan Mobility "Regional Transportation
12Authority Act, " upon such terms and for such consideration, or
13for no consideration, as the municipality may deem proper;
14    (f) to cooperate with the Metropolitan Mobility Regional
15Transportation Authority or a Service Board for the protection
16of employees and users of public transportation facilities
17against crime and also to protect such facilities; such
18cooperation may include, without limitation, agreements for
19the coordination of police or security forces;
20    (g) to file such reports with and transfer such records,
21papers or documents to the Metropolitan Mobility Authority
22Regional Transportation Authority or a Service Board as may be
23agreed upon with, or required by, the Metropolitan Mobility
24Regional Transportation Authority or a Service Board.
25    In exercising any of the powers granted in this Section
26the municipality shall not be subject to the provisions of

 

 

HB1833- 443 -LRB104 09303 RTM 19361 b

1this Code or any Act making public bidding or notice a
2requirement for any purchase or sale by a municipality.
3Notwithstanding any provision of this Code to the contrary,
4every municipality may enter into purchase of service
5agreements, grant agreements Purchase of Service Agreements,
6grant contracts, other contracts, agreements or leases, as
7provided in this Section, and may incur obligations and
8expenses thereunder without making a previous appropriation
9therefor.
10(Source: P.A. 83-886.)
 
11    Section 8.31. The Regional Planning Act is amended by
12changing Section 10 as follows:
 
13    (70 ILCS 1707/10)
14    Sec. 10. Definitions.
15    "Board" means the Board of the Chicago Metropolitan Agency
16for Planning.
17    "CMAP" means the Chicago Metropolitan Agency for Planning.
18    "Chief elected county official" means the Board Chair in
19DuPage, Kane, Kendall, Lake, and McHenry Counties and the
20County Executive in Will County.
21    "Fiscal year" means the fiscal year of the State.
22    "IDOT" means the Illinois Department of Transportation.
23    "MPO" means the metropolitan planning organization
24designated under 23 U.S.C. 134.

 

 

HB1833- 444 -LRB104 09303 RTM 19361 b

1    "Members" means the members of the Board.
2    "Person" means an individual, partnership, firm, public or
3private corporation, State agency, transportation agency, or
4unit of local government.
5    "Policy Committee" means the decision-making body of the
6MPO.
7    "Region" or "northeastern Illinois region" means Cook,
8DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
9    "State agency" means "agency" as defined in Section 1-20
10of the Illinois Administrative Procedure Act.
11    "Transportation agency" means the Metropolitan Mobility
12Regional Transportation Authority and its Service Boards; the
13Illinois State Toll Highway Authority; the Illinois Department
14of Transportation; and the transportation functions of units
15of local government.
16    "Unit of local government" means a unit of local
17government, as defined in Section 1 of Article VII of the
18Illinois Constitution, that is located within the jurisdiction
19and area of operation of the Board.
20    "USDOT" means the United States Department of
21Transportation.
22(Source: P.A. 103-986, eff. 1-1-25.)
 
23    (70 ILCS 3605/Act rep.)
24    Section 8.32. The Metropolitan Transit Authority Act is
25repealed.
 

 

 

HB1833- 445 -LRB104 09303 RTM 19361 b

1    Section 8.33. The Local Mass Transit District Act is
2amended by changing Sections 3.1, 5.05, and 8.5 as follows:
 
3    (70 ILCS 3610/3.1)  (from Ch. 111 2/3, par. 353.1)
4    Sec. 3.1. Also in the manner provided in this Act as
5amended, a "Local Mass Transit District" may be created with
6boundary to enclose a unit area of contiguous land, to be known
7as the "participating area". Such a "participating area" may
8be organized as a district under this Act without regard to
9boundaries of counties or other political subdivisions or
10municipal corporations.
11    (a) Any 500 or more legal voters who are residents within
12such "participating area" may file a petition in the circuit
13court of the county where the proposed district or a major part
14thereof is located, asking that the question of creating such
15district be submitted under this Act by referendum to the
16voters residing within the proposed district. By their power
17of attorney signed by them and filed in the cause the
18petitioners may authorize a committee of their number named by
19the petitioners, to conduct and pursue the cause for them to a
20conclusion. Such petition shall define the boundaries of the
21proposed district, shall indicate distances to nearest mass
22transportation lines in each direction, naming them, shall
23have attached a fair map of the proposed district, and shall
24suggest a name for the proposed district.

 

 

HB1833- 446 -LRB104 09303 RTM 19361 b

1    (b) The circuit clerk shall present to the circuit judge
2any petition so filed in the court. The judge shall enter an
3order of record to set a date, hour and place for judicial
4hearing on the petition. That order shall include instructions
5to the circuit clerk to give notice by newspaper publication
6to be made and completed at least 20 days before the hearing is
7to be held, in 2 or more newspapers published or circulating
8generally among the people residing within the proposed
9district. The circuit clerk shall prepare that notice and
10cause such publication notice to be given as directed.
11    (c) After proof of such newspaper publication of notice
12has been made and filed in the cause and shown to the court in
13full accord with the prior order, the circuit judge shall hear
14all persons who attend and so request, as to location and
15boundary and name for the proposed district. After the hearing
16on such petition is completed, the circuit court by an order of
17record, shall determine and establish the location, name and
18boundary for such proposed district, and shall order the
19proposition submitted at an election in accordance with the
20general election law to the voters resident within such
21proposed district. The circuit clerk shall certify the
22proposition to the proper election officials who shall submit
23the proposition in accordance with the general election law.
24    (d) The county clerk shall canvass the ballots and other
25returns from such referendum, and prepare a full certification
26of the result and shall file same in the cause pending in the

 

 

HB1833- 447 -LRB104 09303 RTM 19361 b

1circuit court. When the vote is in favor of the creation of
2such district as determined by the court order, a true map of
3such district shall be filed with such report in the circuit
4court.
5    (e) When the vote is in favor of creation of such district,
6the circuit court by an order of record shall confirm the
7result of election. If the district is wholly contained within
8a single county the presiding officer of the county board with
9the advice and consent of the county board shall appoint 5
10trustees, not more than 3 of whom shall be affiliated with the
11same political party, to govern the district and serve one
12each for 1, 2, 3, 4 and 5 years respectively; upon the
13expiration of the term of a trustee who is in office on the
14effective date of this amendatory Act of 1989, the successor
15shall, at the time of the appointment, and thereafter at all
16times while serving as trustee, be a resident of the Mass
17Transit District for which such person is appointed as
18trustee. If a trustee removes his residence to a place outside
19of the District, a trustee shall be appointed in the same
20manner as herein provided to take the place of the trustee who
21so removed his residence. If however the district is located
22in more than one county, the number of trustees who are
23residents of a county shall be in proportion, as nearly as
24practicable, to the number of residents of the district who
25reside in that county in relation to the total population of
26the district.

 

 

HB1833- 448 -LRB104 09303 RTM 19361 b

1    Upon the expiration of the term of a trustee who is in
2office on the effective date of this amendatory Act of 1975,
3the successor shall be a resident of whichever county is
4entitled to such representation in order to bring about the
5proportional representation required herein, and he shall be
6appointed by the county board of that county, or in the case of
7a home rule county as defined by Article VII, Section 6 of the
8Constitution of 1970, the chief executive officer of that
9county, with the advice and consent of the county board in
10accordance with the provisions previously enumerated.
11Successors shall serve 5 year overlapping terms.
12    Thereafter, each trustee shall be succeeded by a resident
13of the same county who shall be appointed by the same
14appointing authority; however, the provisions of the preceding
15paragraph shall apply to the appointment of the successor to
16each trustee who is in office at the time of the publication of
17each decennial Federal census of population.
18    (f) Upon the creation of such district, the circuit clerk
19shall prepare and certify a copy of the final court order
20confirming the referendum creating the district, and a
21duplicate of the map of such district, from the record of the
22circuit court, and shall file the same with the county clerk
23for recording in his office as "Certificate of Incorporation"
24for the district. The county clerk shall cause a duplicate of
25such "Certificate of Incorporation" to be filed in the office
26of the Secretary of State of Illinois.

 

 

HB1833- 449 -LRB104 09303 RTM 19361 b

1    (g) The Board of Trustees of such "Local Mass Transit
2District" shall have and exercise all the powers and shall
3perform all the duties of any Board of Trustees of any district
4created under this Act, as now or hereafter amended.
5    (h) The circuit court shall require the petitioners to
6post a surety bond for the payment of all costs and expenses of
7such proceeding and such referendum. When a district is
8created, the circuit court shall order the district to pay or
9reimburse others for all such costs and expenses. The surety
10bond shall not be released until complete receipts for all
11such costs and expenses have been filed in the cause and fully
12audited by the circuit and county clerks.
13    (i) If the District is wholly contained within a single
14county, the County Board of such county may, by resolution,
15provide that, effective upon the next appointment of a
16Trustee, after the effective date of this amendatory Act of
171989, that the Board of Trustees of such Mass Transit District
18shall be comprised of 7 Trustees, with no more than 4 members
19of the same political party. This Subsection shall not apply
20to any Mass Transit District in the State which receives
21funding in whole or in part from the Metropolitan Mobility
22Authority Regional Transportation Authority or any of its
23service boards.
24(Source: P.A. 86-472.)
 
25    (70 ILCS 3610/5.05)  (from Ch. 111 2/3, par. 355.05)

 

 

HB1833- 450 -LRB104 09303 RTM 19361 b

1    Sec. 5.05. In addition to all its other powers, each
2District shall, in all its dealings with the Metropolitan
3Mobility Regional Transportation Authority established by the
4Metropolitan Mobility "Regional Transportation Authority Act",
5enacted by the 78th General Assembly, have the following
6powers:
7    (a) to cooperate with the Metropolitan Mobility Regional
8Transportation Authority in the exercise by the Metropolitan
9Mobility Regional Transportation Authority of all the powers
10granted it by such Act;
11    (b) to receive funds from the Metropolitan Mobility
12Regional Transportation Authority upon such terms and
13conditions as shall be set forth in an agreement between the
14District and the Metropolitan Mobility Regional Transportation
15Authority, which contract or agreement may be for such number
16of years or duration as the Authority and the District may
17agree, all as provided in the Metropolitan Mobility "Regional
18Transportation Authority Act";
19    (c) (blank); to receive financial grants from a Service
20Board, as defined in the "Regional Transportation Authority
21Act", upon such terms and conditions as shall be set forth in a
22Purchase of Service Agreement or other grant contact between
23the District and the Service Board, which contract or
24agreement may be for such number of years or duration as the
25Service Board and the District may agree, all as provided in
26the "Regional Transportation Authority Act";

 

 

HB1833- 451 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 452 -LRB104 09303 RTM 19361 b

1transportation facilities against crime and also to protect
2such facilities, but neither the District, the member of its
3Board nor its officers or employees shall be held liable for
4failure to provide a security or police force, or, if a
5security or police force is provided, for failure to provide
6adequate police protection or security, failure to prevent the
7commission of crimes by fellow passengers or other third
8persons or for the failure to apprehend criminals; and
9    (g) to file such reports with and transfer such records,
10papers or documents to the Metropolitan Mobility Authority
11Regional Transportation Authority or a Service Board as may be
12agreed upon with, or required by, the Metropolitan Mobility
13Authority Regional Transportation Authority or a Service
14Board.
15    In exercising any of the powers granted in this Section,
16the District shall not be subject to the provisions of any Act
17making public bidding or notice a requirement of any purchase
18or sale by a District.
19(Source: P.A. 84-939.)
 
20    (70 ILCS 3610/8.5)  (from Ch. 111 2/3, par. 358.5)
21    Sec. 8.5. In addition to any other method provided for
22annexation under this Act, any territory, except property
23classified as farmland, which (1) lies within the corporate
24limits of a municipality as defined in this Act, (2) is
25contiguous to a local mass transit district organized under

 

 

HB1833- 453 -LRB104 09303 RTM 19361 b

1this Act, and (3) is not a part of another local mass transit
2district, may be annexed by the contiguous local mass transit
3district, by ordinance, after a public hearing has been held
4thereon by the board of trustees of the district at a location
5within the territory sought to be annexed, or within 1 mile of
6any part of the territory sought to be annexed. The annexing
7district shall cause to be published three times in a
8newspaper having general circulation within the area
9considered for annexation, at least 30 days prior to the
10public hearing thereon, a notice that the local mass transit
11district is considering the annexation of the territory
12specified. The notice shall also state the date, time and
13place of the public hearing. The annexing district shall cause
14to be delivered to each owner of a parcel of land which is 5 or
15more acres, which land is proposed to be annexed in whole or in
16part, a written notice containing the information required to
17be included in the published notice. The notice shall be
18delivered by first class mail so that said notice arrives 30
19days in advance of the public hearing. The board of trustees of
20the district shall give due consideration to all testimony.
21For the purposes of this Section "property classified as
22farmland" shall mean property classified as farmland for
23assessment purposes pursuant to the Property Tax Code. This
24Section shall not apply to any mass transit district in the
25State which receives funding in whole or in part from the
26Metropolitan Mobility Authority Regional Transportation

 

 

HB1833- 454 -LRB104 09303 RTM 19361 b

1Authority or any of its service boards.
2(Source: P.A. 88-670, eff. 12-2-94.)
 
3    (70 ILCS 3615/Act rep.)
4    Section 8.34. The Regional Transportation Authority Act is
5repealed.
 
6    Section 8.35. The Water Commission Act of 1985 is amended
7by changing Section 4 as follows:
 
8    (70 ILCS 3720/4)  (from Ch. 111 2/3, par. 254)
9    Sec. 4. Taxes.
10    (a) The board of commissioners of any county water
11commission may, by ordinance, impose throughout the territory
12of the commission any or all of the taxes provided in this
13Section for its corporate purposes. However, no county water
14commission may impose any such tax unless the commission
15certifies the proposition of imposing the tax to the proper
16election officials, who shall submit the proposition to the
17voters residing in the territory at an election in accordance
18with the general election law, and the proposition has been
19approved by a majority of those voting on the proposition.
20    The proposition shall be in the form provided in Section 5
21or shall be substantially in the following form:
22-------------
23    Shall the (insert corporate

 

 

HB1833- 455 -LRB104 09303 RTM 19361 b

1name of county water commission)           YES
2impose (state type of tax or         ------------------------
3taxes to be imposed) at the                NO
4rate of 1/4%?
5-------------------------------------------------------------
6    Taxes imposed under this Section and civil penalties
7imposed incident thereto shall be collected and enforced by
8the State Department of Revenue. The Department shall have the
9power to administer and enforce the taxes and to determine all
10rights for refunds for erroneous payments of the taxes.
11    (b) The board of commissioners may impose a County Water
12Commission Retailers' Occupation Tax upon all persons engaged
13in the business of selling tangible personal property at
14retail in the territory of the commission at a rate of 1/4% of
15the gross receipts from the sales made in the course of such
16business within the territory. Beginning January 1, 2021, this
17tax is not imposed on sales of aviation fuel for so long as the
18revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
1947133 are binding on the District.
20    The tax imposed under this paragraph and all civil
21penalties that may be assessed as an incident thereof shall be
22collected and enforced by the State Department of Revenue. The
23Department shall have full power to administer and enforce
24this paragraph; to collect all taxes and penalties due
25hereunder; to dispose of taxes and penalties so collected in
26the manner hereinafter provided; and to determine all rights

 

 

HB1833- 456 -LRB104 09303 RTM 19361 b

1to credit memoranda arising on account of the erroneous
2payment of tax or penalty hereunder. In the administration of,
3and compliance with, this paragraph, the Department and
4persons who are subject to this paragraph shall have the same
5rights, remedies, privileges, immunities, powers and duties,
6and be subject to the same conditions, restrictions,
7limitations, penalties, exclusions, exemptions and definitions
8of terms, and employ the same modes of procedure, as are
9prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2
10through 2-65 (in respect to all provisions therein other than
11the State rate of tax except that tangible personal property
12taxed at the 1% rate under the Retailers' Occupation Tax Act
13shall not be subject to tax hereunder), 2c, 3 (except as to the
14disposition of taxes and penalties collected, and except that
15the retailer's discount is not allowed for taxes paid on
16aviation fuel sold on or after December 1, 2019 and through
17December 31, 2020), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
185j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of
19the Retailers' Occupation Tax Act and Section 3-7 of the
20Uniform Penalty and Interest Act, as fully as if those
21provisions were set forth herein.
22    Persons subject to any tax imposed under the authority
23granted in this paragraph may reimburse themselves for their
24seller's tax liability hereunder by separately stating the tax
25as an additional charge, which charge may be stated in
26combination, in a single amount, with State taxes that sellers

 

 

HB1833- 457 -LRB104 09303 RTM 19361 b

1are required to collect under the Use Tax Act and under
2subsection (e) of Section 6.02 4.03 of the Metropolitan
3Mobility Regional Transportation Authority Act, in accordance
4with such bracket schedules as the Department may prescribe.
5    Whenever the Department determines that a refund should be
6made under this paragraph to a claimant instead of issuing a
7credit memorandum, the Department shall notify the State
8Comptroller, who shall cause the warrant to be drawn for the
9amount specified, and to the person named, in the notification
10from the Department. The refund shall be paid by the State
11Treasurer out of a county water commission tax fund
12established under subsection (g) of this Section.
13    For the purpose of determining whether a tax authorized
14under this paragraph is applicable, a retail sale by a
15producer of coal or other mineral mined in Illinois is a sale
16at retail at the place where the coal or other mineral mined in
17Illinois is extracted from the earth. This paragraph does not
18apply to coal or other mineral when it is delivered or shipped
19by the seller to the purchaser at a point outside Illinois so
20that the sale is exempt under the Federal Constitution as a
21sale in interstate or foreign commerce.
22    If a tax is imposed under this subsection (b), a tax shall
23also be imposed under subsections (c) and (d) of this Section.
24    No tax shall be imposed or collected under this subsection
25on the sale of a motor vehicle in this State to a resident of
26another state if that motor vehicle will not be titled in this

 

 

HB1833- 458 -LRB104 09303 RTM 19361 b

1State.
2    Nothing in this paragraph shall be construed to authorize
3a county water commission to impose a tax upon the privilege of
4engaging in any business which under the Constitution of the
5United States may not be made the subject of taxation by this
6State.
7    (c) If a tax has been imposed under subsection (b), a
8County Water Commission Service Occupation Tax shall also be
9imposed upon all persons engaged, in the territory of the
10commission, in the business of making sales of service, who,
11as an incident to making the sales of service, transfer
12tangible personal property within the territory. The tax rate
13shall be 1/4% of the selling price of tangible personal
14property so transferred within the territory. Beginning
15January 1, 2021, this tax is not imposed on sales of aviation
16fuel for so long as the revenue use requirements of 49 U.S.C.
1747107(b) and 49 U.S.C. 47133 are binding on the District.
18    The tax imposed under this paragraph and all civil
19penalties that may be assessed as an incident thereof shall be
20collected and enforced by the State Department of Revenue. The
21Department shall have full power to administer and enforce
22this paragraph; to collect all taxes and penalties due
23hereunder; to dispose of taxes and penalties so collected in
24the manner hereinafter provided; and to determine all rights
25to credit memoranda arising on account of the erroneous
26payment of tax or penalty hereunder. In the administration of,

 

 

HB1833- 459 -LRB104 09303 RTM 19361 b

1and compliance with, this paragraph, the Department and
2persons who are subject to this paragraph shall have the same
3rights, remedies, privileges, immunities, powers and duties,
4and be subject to the same conditions, restrictions,
5limitations, penalties, exclusions, exemptions and definitions
6of terms, and employ the same modes of procedure, as are
7prescribed in Sections 1a-1, 2 (except that the reference to
8State in the definition of supplier maintaining a place of
9business in this State shall mean the territory of the
10commission), 2a, 3 through 3-50 (in respect to all provisions
11therein other than the State rate of tax except that tangible
12personal property taxed at the 1% rate under the Service
13Occupation Tax Act shall not be subject to tax hereunder), 4
14(except that the reference to the State shall be to the
15territory of the commission), 5, 7, 8 (except that the
16jurisdiction to which the tax shall be a debt to the extent
17indicated in that Section 8 shall be the commission), 9
18(except as to the disposition of taxes and penalties collected
19and except that the returned merchandise credit for this tax
20may not be taken against any State tax, and except that the
21retailer's discount is not allowed for taxes paid on aviation
22fuel sold on or after December 1, 2019 and through December 31,
232020), 10, 11, 12 (except the reference therein to Section 2b
24of the Retailers' Occupation Tax Act), 13 (except that any
25reference to the State shall mean the territory of the
26commission), the first paragraph of Section 15, 15.5, 16, 17,

 

 

HB1833- 460 -LRB104 09303 RTM 19361 b

118, 19, and 20 of the Service Occupation Tax Act as fully as if
2those provisions were set forth herein.
3    Persons subject to any tax imposed under the authority
4granted in this paragraph may reimburse themselves for their
5serviceman's tax liability hereunder by separately stating the
6tax as an additional charge, which charge may be stated in
7combination, in a single amount, with State tax that
8servicemen are authorized to collect under the Service Use Tax
9Act, and any tax for which servicemen may be liable under
10subsection (m) of Section 6.02 (f) of Section 4.03 of the
11Metropolitan Mobility Regional Transportation Authority Act,
12in accordance with such bracket schedules as the Department
13may prescribe.
14    Whenever the Department determines that a refund should be
15made under this paragraph to a claimant instead of issuing a
16credit memorandum, the Department shall notify the State
17Comptroller, who shall cause the warrant to be drawn for the
18amount specified, and to the person named, in the notification
19from the Department. The refund shall be paid by the State
20Treasurer out of a county water commission tax fund
21established under subsection (g) of this Section.
22    Nothing in this paragraph shall be construed to authorize
23a county water commission to impose a tax upon the privilege of
24engaging in any business which under the Constitution of the
25United States may not be made the subject of taxation by the
26State.

 

 

HB1833- 461 -LRB104 09303 RTM 19361 b

1    (d) If a tax has been imposed under subsection (b), a tax
2shall also be imposed upon the privilege of using, in the
3territory of the commission, any item of tangible personal
4property that is purchased outside the territory at retail
5from a retailer, and that is titled or registered with an
6agency of this State's government, at a rate of 1/4% of the
7selling price of the tangible personal property within the
8territory, as "selling price" is defined in the Use Tax Act.
9The tax shall be collected from persons whose Illinois address
10for titling or registration purposes is given as being in the
11territory. The tax shall be collected by the Department of
12Revenue for a county water commission. The tax must be paid to
13the State, or an exemption determination must be obtained from
14the Department of Revenue, before the title or certificate of
15registration for the property may be issued. The tax or proof
16of exemption may be transmitted to the Department by way of the
17State agency with which, or the State officer with whom, the
18tangible personal property must be titled or registered if the
19Department and the State agency or State officer determine
20that this procedure will expedite the processing of
21applications for title or registration.
22    The Department shall have full power to administer and
23enforce this paragraph; to collect all taxes, penalties, and
24interest due hereunder; to dispose of taxes, penalties, and
25interest so collected in the manner hereinafter provided; and
26to determine all rights to credit memoranda or refunds arising

 

 

HB1833- 462 -LRB104 09303 RTM 19361 b

1on account of the erroneous payment of tax, penalty, or
2interest hereunder. In the administration of and compliance
3with this paragraph, the Department and persons who are
4subject to this paragraph shall have the same rights,
5remedies, privileges, immunities, powers, and duties, and be
6subject to the same conditions, restrictions, limitations,
7penalties, exclusions, exemptions, and definitions of terms
8and employ the same modes of procedure, as are prescribed in
9Sections 2 (except the definition of "retailer maintaining a
10place of business in this State"), 3 through 3-80 (except
11provisions pertaining to the State rate of tax, and except
12provisions concerning collection or refunding of the tax by
13retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions
14pertaining to claims by retailers and except the last
15paragraph concerning refunds), 20, 21, and 22 of the Use Tax
16Act and Section 3-7 of the Uniform Penalty and Interest Act
17that are not inconsistent with this paragraph, as fully as if
18those provisions were set forth herein.
19    Whenever the Department determines that a refund should be
20made under this paragraph to a claimant instead of issuing a
21credit memorandum, the Department shall notify the State
22Comptroller, who shall cause the order to be drawn for the
23amount specified, and to the person named, in the notification
24from the Department. The refund shall be paid by the State
25Treasurer out of a county water commission tax fund
26established under subsection (g) of this Section.

 

 

HB1833- 463 -LRB104 09303 RTM 19361 b

1    (e) A certificate of registration issued by the State
2Department of Revenue to a retailer under the Retailers'
3Occupation Tax Act or under the Service Occupation Tax Act
4shall permit the registrant to engage in a business that is
5taxed under the tax imposed under subsection (b), (c), or (d)
6of this Section and no additional registration shall be
7required under the tax. A certificate issued under the Use Tax
8Act or the Service Use Tax Act shall be applicable with regard
9to any tax imposed under subsection (c) of this Section.
10    (f) Any ordinance imposing or discontinuing any tax under
11this Section shall be adopted and a certified copy thereof
12filed with the Department on or before June 1, whereupon the
13Department of Revenue shall proceed to administer and enforce
14this Section on behalf of the county water commission as of
15September 1 next following the adoption and filing. Beginning
16January 1, 1992, an ordinance or resolution imposing or
17discontinuing the tax hereunder shall be adopted and a
18certified copy thereof filed with the Department on or before
19the first day of July, whereupon the Department shall proceed
20to administer and enforce this Section as of the first day of
21October next following such adoption and filing. Beginning
22January 1, 1993, an ordinance or resolution imposing or
23discontinuing the tax hereunder shall be adopted and a
24certified copy thereof filed with the Department on or before
25the first day of October, whereupon the Department shall
26proceed to administer and enforce this Section as of the first

 

 

HB1833- 464 -LRB104 09303 RTM 19361 b

1day of January next following such adoption and filing.
2    (g) The State Department of Revenue shall, upon collecting
3any taxes as provided in this Section, pay the taxes over to
4the State Treasurer as trustee for the commission. The taxes
5shall be held in a trust fund outside the State treasury
6Treasury.
7    As soon as possible after the first day of each month,
8beginning January 1, 2011, upon certification of the
9Department of Revenue, the Comptroller shall order
10transferred, and the Treasurer shall transfer, to the STAR
11Bonds Revenue Fund the local sales tax increment, as defined
12in the Innovation Development and Economy Act, collected under
13this Section during the second preceding calendar month for
14sales within a STAR bond district.
15    After the monthly transfer to the STAR Bonds Revenue Fund,
16on or before the 25th day of each calendar month, the State
17Department of Revenue shall prepare and certify to the
18Comptroller of the State of Illinois the amount to be paid to
19the commission, which shall be the amount (not including
20credit memoranda) collected under this Section during the
21second preceding calendar month by the Department plus an
22amount the Department determines is necessary to offset any
23amounts that were erroneously paid to a different taxing body,
24and not including any amount equal to the amount of refunds
25made during the second preceding calendar month by the
26Department on behalf of the commission, and not including any

 

 

HB1833- 465 -LRB104 09303 RTM 19361 b

1amount that the Department determines is necessary to offset
2any amounts that were payable to a different taxing body but
3were erroneously paid to the commission, and less any amounts
4that are transferred to the STAR Bonds Revenue Fund, less 1.5%
5of the remainder, which shall be transferred into the Tax
6Compliance and Administration Fund. The Department, at the
7time of each monthly disbursement to the commission, shall
8prepare and certify to the State Comptroller the amount to be
9transferred into the Tax Compliance and Administration Fund
10under this subsection. Within 10 days after receipt by the
11Comptroller of the certification of the amount to be paid to
12the commission and the Tax Compliance and Administration Fund,
13the Comptroller shall cause an order to be drawn for the
14payment for the amount in accordance with the direction in the
15certification.
16    (h) Beginning June 1, 2016, any tax imposed pursuant to
17this Section may no longer be imposed or collected, unless a
18continuation of the tax is approved by the voters at a
19referendum as set forth in this Section.
20(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
21100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, eff.
226-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19.)
 
23    Section 8.36. The School Code is amended by changing
24Sections 29-5 and 34-4 as follows:
 

 

 

HB1833- 466 -LRB104 09303 RTM 19361 b

1    (105 ILCS 5/29-5)  (from Ch. 122, par. 29-5)
2    Sec. 29-5. Reimbursement by State for transportation. Any
3school district or State-authorized charter school,
4maintaining a school, transporting resident pupils to another
5school district's vocational program, offered through a joint
6agreement approved by the State Board of Education, as
7provided in Section 10-22.22 or transporting its resident
8pupils to a school which meets the standards for recognition
9as established by the State Board of Education which provides
10transportation meeting the standards of safety, comfort,
11convenience, efficiency and operation prescribed by the State
12Board of Education for resident pupils in kindergarten or any
13of grades 1 through 12 who: (a) reside at least 1 1/2 miles as
14measured by the customary route of travel, from the school
15attended; or (b) reside in areas where conditions are such
16that walking constitutes a hazard to the safety of the child
17when determined under Section 29-3; and (c) are transported to
18the school attended from pick-up points at the beginning of
19the school day and back again at the close of the school day or
20transported to and from their assigned attendance centers
21during the school day shall be reimbursed by the State as
22hereinafter provided in this Section.
23    The State will pay the prorated allowable cost of
24transporting eligible pupils less the real equalized assessed
25valuation as computed under paragraph (3) of subsection (d) of
26Section 18-8.15 in a dual school district maintaining

 

 

HB1833- 467 -LRB104 09303 RTM 19361 b

1secondary grades 9 to 12 inclusive times a qualifying rate of
2.05%; in elementary school districts maintaining grades K to 8
3times a qualifying rate of .06%; and in unit districts
4maintaining grades K to 12, including partial elementary unit
5districts formed pursuant to Article 11E, times a qualifying
6rate of .07%. For a State-authorized charter school, the State
7shall pay the prorated allowable cost of transporting eligible
8pupils less a real equalized assessed valuation calculated
9pursuant to this Section times a qualifying rate. For purposes
10of calculating the real equalized assessed valuation for a
11State-authorized charter school whose resident district is not
12a school district organized under Article 34 of this Code, the
13State Board of Education shall calculate the average of the
14number of students in grades kindergarten through 12 reported
15as enrolled in the charter school in the State Board's Student
16Information System on October 1 and March 1 of the immediately
17preceding school year. That value shall be divided by the
18average of the number of students in grades kindergarten
19through 12 reported as enrolled in the charter school's
20resident district on October 1 and March 1 of the immediately
21preceding school year. That proportion shall be multiplied by
22the real equalized assessed valuation as computed under
23paragraph (3) of subsection (d) of Section 18-8.15 for each
24State-authorized charter school's applicable resident
25district. A State-authorized charter school whose resident
26district is organized under Article 34 of this Code shall have

 

 

HB1833- 468 -LRB104 09303 RTM 19361 b

1a real equalized assessed valuation equal to the real
2equalized assessed valuation of its resident district as
3computed under paragraph (3) of subsection (d) of Section
418-8.15. A State-authorized charter school's qualifying rate
5shall be the same as the rate that applies to the charter
6school's resident district.
7    To be eligible to receive reimbursement in excess of 4/5
8of the cost to transport eligible pupils, a school district or
9partial elementary unit district formed pursuant to Article
1011E shall have a Transportation Fund tax rate of at least .12%.
11The Transportation Fund tax rate for a partial elementary unit
12district formed pursuant Article 11E shall be the combined
13elementary and high school rates pursuant to paragraph (4) of
14subsection (a) of Section 18-8.15.
15    If a school district or partial elementary unit district
16formed pursuant to Article 11E does not have a .12%
17Transportation Fund tax rate, the amount of its claim in
18excess of 4/5 of the cost of transporting pupils shall be
19reduced by the sum arrived at by subtracting the
20Transportation Fund tax rate from .12% and multiplying that
21amount by the district's real equalized assessed valuation as
22computed under paragraph (3) of subsection (d) of Section
2318-8.15, provided that in no case shall said reduction result
24in reimbursement of less than 4/5 of the cost to transport
25eligible pupils. No such adjustment may be applied to a claim
26filed by a State-authorized charter school.

 

 

HB1833- 469 -LRB104 09303 RTM 19361 b

1    Subject to the calculation of equalized assessed
2valuation, an adjustment for an insufficient tax rate, and the
3use of a qualifying rate as provided in this Section, a
4State-authorized charter school may make a claim for
5reimbursement by the State that is calculated in the same
6manner as a school district.
7    The minimum amount to be received by a district is $16
8times the number of eligible pupils transported.
9    When calculating the reimbursement for transportation
10costs, the State Board of Education may not deduct the number
11of pupils enrolled in early education programs from the number
12of pupils eligible for reimbursement if the pupils enrolled in
13the early education programs are transported at the same time
14as other eligible pupils.
15    Any such district transporting resident pupils during the
16school day to an area vocational school or another school
17district's vocational program more than 1 1/2 miles from the
18school attended, as provided in Sections 10-22.20a and
1910-22.22, shall be reimbursed by the State for 4/5 of the cost
20of transporting eligible pupils.
21    School day means that period of time during which the
22pupil is required to be in attendance for instructional
23purposes.
24    If a pupil is at a location within the school district
25other than his residence for child care purposes at the time
26for transportation to school, that location may be considered

 

 

HB1833- 470 -LRB104 09303 RTM 19361 b

1for purposes of determining the 1 1/2 miles from the school
2attended.
3    Claims for reimbursement that include children who attend
4any school other than a public school shall show the number of
5such children transported.
6    Claims for reimbursement under this Section shall not be
7paid for the transportation of pupils for whom transportation
8costs are claimed for payment under other Sections of this
9Act.
10    The allowable direct cost of transporting pupils for
11regular, vocational, and special education pupil
12transportation shall be limited to the sum of the cost of
13physical examinations required for employment as a school bus
14driver; the salaries of full-time or part-time drivers and
15school bus maintenance personnel; employee benefits excluding
16Illinois municipal retirement payments, social security
17payments, unemployment insurance payments and workers'
18compensation insurance premiums; expenditures to independent
19carriers who operate school buses; payments to other school
20districts for pupil transportation services; pre-approved
21contractual expenditures for computerized bus scheduling;
22expenditures for housing assistance and homeless prevention
23under Sections 1-17 and 1-18 of the Education for Homeless
24Children Act that are not in excess of the school district's
25actual costs for providing transportation services and are not
26otherwise claimed in another State or federal grant that

 

 

HB1833- 471 -LRB104 09303 RTM 19361 b

1permits those costs to a parent, a legal guardian, any other
2person who enrolled a pupil, or a homeless assistance agency
3that is part of the federal McKinney-Vento Homeless Assistance
4Act's continuum of care for the area in which the district is
5located; the cost of gasoline, oil, tires, and other supplies
6necessary for the operation of school buses; the cost of
7converting buses' gasoline engines to more fuel efficient
8engines or to engines which use alternative energy sources;
9the cost of travel to meetings and workshops conducted by the
10regional superintendent or the State Superintendent of
11Education pursuant to the standards established by the
12Secretary of State under Section 6-106 of the Illinois Vehicle
13Code to improve the driving skills of school bus drivers; the
14cost of maintenance of school buses including parts and
15materials used; expenditures for leasing transportation
16vehicles, except interest and service charges; the cost of
17insurance and licenses for transportation vehicles;
18expenditures for the rental of transportation equipment; plus
19a depreciation allowance of 20% for 5 years for school buses
20and vehicles approved for transporting pupils to and from
21school and a depreciation allowance of 10% for 10 years for
22other transportation equipment so used. Each school year, if a
23school district has made expenditures to the Metropolitan
24Mobility Authority Regional Transportation Authority or any of
25its service boards, a mass transit district, or an urban
26transportation district under an intergovernmental agreement

 

 

HB1833- 472 -LRB104 09303 RTM 19361 b

1with the district to provide for the transportation of pupils
2and if the public transit carrier received direct payment for
3services or passes from a school district within its service
4area during the 2000-2001 school year, then the allowable
5direct cost of transporting pupils for regular, vocational,
6and special education pupil transportation shall also include
7the expenditures that the district has made to the public
8transit carrier. In addition to the above allowable costs,
9school districts shall also claim all transportation
10supervisory salary costs, including Illinois municipal
11retirement payments, and all transportation related building
12and building maintenance costs without limitation.
13    Special education allowable costs shall also include
14expenditures for the salaries of attendants or aides for that
15portion of the time they assist special education pupils while
16in transit and expenditures for parents and public carriers
17for transporting special education pupils when pre-approved by
18the State Superintendent of Education.
19    Indirect costs shall be included in the reimbursement
20claim for districts which own and operate their own school
21buses. Such indirect costs shall include administrative costs,
22or any costs attributable to transporting pupils from their
23attendance centers to another school building for
24instructional purposes. No school district which owns and
25operates its own school buses may claim reimbursement for
26indirect costs which exceed 5% of the total allowable direct

 

 

HB1833- 473 -LRB104 09303 RTM 19361 b

1costs for pupil transportation.
2    The State Board of Education shall prescribe uniform
3regulations for determining the above standards and shall
4prescribe forms of cost accounting and standards of
5determining reasonable depreciation. Such depreciation shall
6include the cost of equipping school buses with the safety
7features required by law or by the rules, regulations and
8standards promulgated by the State Board of Education, and the
9Department of Transportation for the safety and construction
10of school buses provided, however, any equipment cost
11reimbursed by the Department of Transportation for equipping
12school buses with such safety equipment shall be deducted from
13the allowable cost in the computation of reimbursement under
14this Section in the same percentage as the cost of the
15equipment is depreciated.
16    On or before August 15, annually, the chief school
17administrator for the district shall certify to the State
18Superintendent of Education the district's claim for
19reimbursement for the school year ending on June 30 next
20preceding. The State Superintendent of Education shall check
21and approve the claims and prepare the vouchers showing the
22amounts due for district reimbursement claims. Each fiscal
23year, the State Superintendent of Education shall prepare and
24transmit the first 3 vouchers to the Comptroller on the 30th
25day of September, December and March, respectively, and the
26final voucher, no later than June 20.

 

 

HB1833- 474 -LRB104 09303 RTM 19361 b

1    If the amount appropriated for transportation
2reimbursement is insufficient to fund total claims for any
3fiscal year, the State Board of Education shall reduce each
4school district's allowable costs and flat grant amount
5proportionately to make total adjusted claims equal the total
6amount appropriated.
7    For purposes of calculating claims for reimbursement under
8this Section for any school year beginning July 1, 2016, the
9equalized assessed valuation for a school district or partial
10elementary unit district formed pursuant to Article 11E used
11to compute reimbursement shall be the real equalized assessed
12valuation as computed under paragraph (3) of subsection (d) of
13Section 18-8.15.
14    All reimbursements received from the State shall be
15deposited into the district's transportation fund or into the
16fund from which the allowable expenditures were made.
17    Notwithstanding any other provision of law, any school
18district receiving a payment under this Section or under
19Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
20classify all or a portion of the funds that it receives in a
21particular fiscal year or from State aid pursuant to Section
2218-8.15 of this Code as funds received in connection with any
23funding program for which it is entitled to receive funds from
24the State in that fiscal year (including, without limitation,
25any funding program referenced in this Section), regardless of
26the source or timing of the receipt. The district may not

 

 

HB1833- 475 -LRB104 09303 RTM 19361 b

1classify more funds as funds received in connection with the
2funding program than the district is entitled to receive in
3that fiscal year for that program. Any classification by a
4district must be made by a resolution of its board of
5education. The resolution must identify the amount of any
6payments or general State aid to be classified under this
7paragraph and must specify the funding program to which the
8funds are to be treated as received in connection therewith.
9This resolution is controlling as to the classification of
10funds referenced therein. A certified copy of the resolution
11must be sent to the State Superintendent of Education. The
12resolution shall still take effect even though a copy of the
13resolution has not been sent to the State Superintendent of
14Education in a timely manner. No classification under this
15paragraph by a district shall affect the total amount or
16timing of money the district is entitled to receive under this
17Code. No classification under this paragraph by a district
18shall in any way relieve the district from or affect any
19requirements that otherwise would apply with respect to that
20funding program, including any accounting of funds by source,
21reporting expenditures by original source and purpose,
22reporting requirements, or requirements of providing services.
23    Any school district with a population of not more than
24500,000 must deposit all funds received under this Article
25into the transportation fund and use those funds for the
26provision of transportation services.

 

 

HB1833- 476 -LRB104 09303 RTM 19361 b

1(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22;
2103-588, eff. 1-1-25.)
 
3    (105 ILCS 5/34-4)  (from Ch. 122, par. 34-4)
4    Sec. 34-4. Eligibility. To be eligible for election or
5appointment to the Board, a person shall be a citizen of the
6United States, shall be a registered voter as provided in the
7Election Code, shall have been, for a period of one year
8immediately before election or appointment, a resident of the
9city, district, and subdistrict that the member represents,
10and shall not be a child sex offender as defined in Section
1111-9.3 of the Criminal Code of 2012. A person is ineligible for
12election or appointment to the Board if that person is not in
13compliance with the provisions of Section 10-9 as referenced
14in Section 34-3. For the 2024 general election, all persons
15eligible for election to the Board shall be nominated by a
16petition signed by at least 1,000 but not more than 3,000 of
17the voters residing within the electoral district on a
18petition in order to be placed on the ballot. For the 2026
19general election and general elections thereafter, persons
20eligible for election to the Board shall be nominated by a
21petition signed by at least 500 but no more than 1,500 voters
22residing within the subdistrict on a petition in order to be
23placed on the ballot, except that persons eligible for
24election to the Board at large shall be nominated by a petition
25signed by no less than 2,500 voters residing within the city.

 

 

HB1833- 477 -LRB104 09303 RTM 19361 b

1Any registered voter may sign a nominating petition,
2irrespective of any partisan petition the voter signs or may
3sign. For the 2024 general election only, the petition
4circulation period shall begin on March 26, 2024, and the
5filing period shall be from June 17, 2024 to June 24, 2024.
6Permanent removal from the city by any member of the Board
7during the member's term of office constitutes a resignation
8therefrom and creates a vacancy in the Board. Board members
9shall serve without any compensation; however, members of the
10Board shall be reimbursed for expenses incurred while in the
11performance of their duties upon submission of proper receipts
12or upon submission of a signed voucher in the case of an
13expense allowance evidencing the amount of such reimbursement
14or allowance to the President of the Board for verification
15and approval. Board members shall not hold other public office
16under the Federal, State or any local government other than
17that of Director of the Metropolitan Mobility Regional
18Transportation Authority, member of the economic development
19commission of a city having a population exceeding 500,000,
20notary public or member of the National Guard, and by
21accepting any such office while members of the Board, or by not
22resigning any such office held at the time of being elected or
23appointed to the Board within 30 days after such election or
24appointment, shall be deemed to have vacated their membership
25in the Board.
26(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21;

 

 

HB1833- 478 -LRB104 09303 RTM 19361 b

1103-584, eff. 3-18-24.)
 
2    Section 8.37. The Public Utilities Act is amended by
3changing Section 4-302 as follows:
 
4    (220 ILCS 5/4-302)  (from Ch. 111 2/3, par. 4-302)
5    Sec. 4-302. The Commission shall cooperate with the
6Metropolitan Mobility Regional Transportation Authority
7created pursuant to the Metropolitan Mobility "Regional
8Transportation Authority Act", enacted by the 78th General
9Assembly, in the exercise of the powers of the Authority as
10provided in that Act.
11    Transportation agencies Agencies which have any purchase
12of service agreement with the Authority a Service Board as
13provided in the Metropolitan Mobility "Regional Transportation
14Authority Act" shall not be subject to this Act as to any
15public transportation which is the subject of such agreement.
16Any service and business exempted from this Act pursuant to
17this Section shall not be considered "intrastate public
18utility business" as defined in Section 3-120 of this Act.
19    No contract between any transportation agency
20Transportation Agency and the Authority or a Service Board or
21acquisition by the Authority or a Service Board of any
22property, including property of a transportation agency
23Transportation Agency pursuant to and as defined in the
24Metropolitan Mobility Regional Transportation Authority Act,

 

 

HB1833- 479 -LRB104 09303 RTM 19361 b

1shall, except as provided in such Act, be subject to the
2supervision, regulation or approval of the Commission.
3    If the Metropolitan Mobility Authority determines In the
4event a Service Board shall determine that any Public
5Transportation service provided by any transportation agency
6Transportation Agency with which that Authority Service Board
7has a purchase of service agreement Purchase of Service
8Agreement is not necessary for the public interest and shall
9for that reason decline to enter into any Purchase of Service
10Agreement for such particular service, all pursuant to and as
11defined in such Metropolitan Mobility Regional Transportation
12Authority Act, then the discontinuation of such service by
13such transportation agency Transportation Agency shall not be
14subject to the supervision, regulation or approval of the
15Commission.
16(Source: P.A. 84-617; 84-1025.)
 
17    Section 8.38. The Telecommunication Devices for the Deaf
18Act is amended by changing Section 2 as follows:
 
19    (410 ILCS 55/2)  (from Ch. 111 1/2, par. 4202)
20    Sec. 2. As used in this Act, unless the context otherwise
21requires:
22    (a) "Telecommunication device for the deaf" means a
23teletypewriter or other instrument for telecommunication in
24which speaking or hearing is not required for communication.

 

 

HB1833- 480 -LRB104 09303 RTM 19361 b

1    (b) "Public Safety Agency" means any unit of local
2government or special purpose district within the State which
3has authority to provide firefighting, police, or other
4emergency services.
5    (c) "Department" means the Department of Human Services.
6    (d) "Major public transportation site" means any airport
7or railroad station in the State providing commercial rail or
8airline service to the general public, that serves and is
9located within 20 miles of a municipality with a population of
1025,000 or more, except for any facility under the jurisdiction
11of the Metropolitan Mobility Authority Commuter Rail Division
12created by the Regional Transportation Authority Act or the
13Chicago Transit Authority created by the Metropolitan Transit
14Authority Act.
15    (e) "General traveling public" are individuals making use
16of the commercial rail and airline services which are provided
17at major public transportation sites.
18(Source: P.A. 89-507, eff. 7-1-97.)
 
19    Section 8.39. The Illinois Highway Code is amended by
20changing Sections 5-701.8, 6-411.5, and 7-202.14 as follows:
 
21    (605 ILCS 5/5-701.8)  (from Ch. 121, par. 5-701.8)
22    Sec. 5-701.8. Any county board may also turn over a
23portion of the motor fuel tax funds allotted to it to:
24    (a) a local Mass Transit District if the county created

 

 

HB1833- 481 -LRB104 09303 RTM 19361 b

1such District pursuant to the "Local Mass Transit District
2Act", approved July 21, 1959, as now or hereafter amended;
3    (b) a local Transit Commission if such commission is
4created pursuant to Section 14-101 of The Public Utilities
5Act; or
6    (c) the Metropolitan Mobility Chicago Transit Authority
7established pursuant to the Metropolitan Mobility
8"Metropolitan Transit Authority Act", approved April 12, 1945,
9as now or hereafter amended.
10(Source: P.A. 85-1209.)
 
11    (605 ILCS 5/6-411.5)
12    Sec. 6-411.5. Contracts for public transportation. The
13highway commissioner of each road district within the
14territory of the Metropolitan Mobility Regional Transportation
15Authority shall have authority, with the approval of the
16township board of trustees, to contract with the Metropolitan
17Mobility Regional Transportation Authority or a Service Board,
18as defined in the Regional Transportation Authority Act, for
19the purchase of public transportation services within the
20district, upon such terms and conditions as may be mutually
21agreed upon. The expenditure of road funds, collected under a
22road district tax, to purchase public transportation services
23constitutes a road purpose under this Code.
24(Source: P.A. 89-347, eff. 1-1-96.)
 

 

 

HB1833- 482 -LRB104 09303 RTM 19361 b

1    (605 ILCS 5/7-202.14)  (from Ch. 121, par. 7-202.14)
2    Sec. 7-202.14. Any municipality may by ordinance of the
3corporate authorities turn over a portion of its allotment to:
4    (a) a local Mass Transit District if the municipality
5created such a District pursuant to the "Local Mass Transit
6District Act", approved July 21, 1959, as now or hereafter
7amended;
8    (b) a local Transit Commission if the municipality
9established such commission pursuant to Section 14-101 of The
10Public Utilities Act; or
11    (c) the Metropolitan Mobility Chicago Transit Authority
12established pursuant to the Metropolitan Mobility
13"Metropolitan Transit Authority Act", approved April 12, 1945,
14as now or hereafter amended.
15(Source: P.A. 85-1209.)
 
16    Section 8.40. The Toll Highway Act is amended by changing
17Sections 3 and 19 as follows:
 
18    (605 ILCS 10/3)  (from Ch. 121, par. 100-3)
19    Sec. 3. There is hereby created an Authority to be known as
20The Illinois State Toll Highway Authority, which is hereby
21constituted an instrumentality and an administrative agency of
22the State of Illinois. The said Authority shall consist of the
23following 11 directors: ; the Governor, and the Secretary of
24the Department of Transportation, and the Chair of the

 

 

HB1833- 483 -LRB104 09303 RTM 19361 b

1Metropolitan Mobility Authority as nonvoting directors ex
2officio, and 9 voting directors appointed by the Governor with
3the advice and consent of the Senate, from the State at large,
4which said directors and their successors are hereby
5authorized to carry out the provisions of this Act, and to
6exercise the powers herein conferred. Of the 9 directors
7appointed by the Governor, no more than 5 shall be members of
8the same political party.
9    Notwithstanding any provision of law to the contrary, the
10term of office of each director of the Authority serving on the
11effective date of this amendatory Act of the 100th General
12Assembly, other than the Governor and the Secretary of the
13Department of Transportation, is abolished and a vacancy in
14each office is created on the effective date of this
15amendatory Act of the 100th General Assembly. The Governor
16shall appoint directors to the Authority for the vacancies
17created under this amendatory Act of the 100th General
18Assembly by February 28, 2019. Directors whose terms are
19abolished under this amendatory Act of the 100th General
20Assembly shall be eligible for reappointment.
21    Vacancies shall be filled for the unexpired term in the
22same manner as original appointments. All appointments shall
23be in writing and filed with the Secretary of State as a public
24record. It is the intention of this section that the
25Governor's appointments shall be made with due consideration
26to the location of proposed toll highway routes so that

 

 

HB1833- 484 -LRB104 09303 RTM 19361 b

1maximum geographic representation from the areas served by
2said toll highway routes may be accomplished insofar as
3practicable. The said Authority shall have the power to
4contract and be contracted with, to acquire, hold and convey
5personal and real property or any interest therein including
6rights-of-way rights of way, franchises and easements; to have
7and use a common seal, and to alter the same at will; to make
8and establish resolutions, by-laws, rules, rates and
9regulations, and to alter or repeal the same as the Authority
10shall deem necessary and expedient for the construction,
11operation, relocation, regulation and maintenance of a system
12of toll highways within and through the State of Illinois.
13    Appointment of the additional directors provided for by
14this amendatory Act of 1980 shall be made within 30 days after
15the effective date of this amendatory Act of 1980.
16(Source: P.A. 100-1180, eff. 2-28-19.)
 
17    (605 ILCS 10/19)  (from Ch. 121, par. 100-19)
18    Sec. 19. Toll rates. The Authority shall fix and revise
19from time to time, tolls or charges or rates for the privilege
20of using each of the toll highways constructed pursuant to
21this Act. Such tolls shall be so fixed and adjusted at rates
22calculated to provide the lowest reasonable toll rates that
23will provide funds sufficient with other revenues of the
24Authority to pay, (a) the cost of the construction of a toll
25highway authorized by joint resolution of the General Assembly

 

 

HB1833- 485 -LRB104 09303 RTM 19361 b

1pursuant to Section 14.1 and the reconstruction, major repairs
2or improvements of toll highways, (b) the cost of maintaining,
3repairing, regulating and operating the toll highways
4including only the necessary expenses of the Authority, and
5(c) the principal of all bonds, interest thereon and all
6sinking fund requirements and other requirements provided by
7resolutions authorizing the issuance of the bonds as they
8shall become due. In fixing the toll rates pursuant to this
9Section 19 and Section 10(c) of this Act, the Authority shall
10take into account the effect of the provisions of this Section
1119 permitting the use of the toll highway system without
12payment of the covenants of the Authority contained in the
13resolutions and trust indentures authorizing the issuance of
14bonds of the Authority. No such provision permitting the use
15of the toll highway system without payment of tolls after the
16date of this amendatory Act of the 95th General Assembly shall
17be applied in a manner that impairs the rights of bondholders
18pursuant to any resolution or trust indentures authorizing the
19issuance of bonds of the Authority. The use and disposition of
20any sinking or reserve fund shall be subject to such
21regulation as may be provided in the resolution or trust
22indenture authorizing the issuance of the bonds. Subject to
23the provisions of any resolution or trust indenture
24authorizing the issuance of bonds any moneys in any such
25sinking fund in excess of an amount equal to one year's
26interest on the bonds then outstanding secured by such sinking

 

 

HB1833- 486 -LRB104 09303 RTM 19361 b

1fund may be applied to the purchase or redemption of bonds. All
2such bonds so redeemed or purchased shall forthwith be
3cancelled and shall not again be issued. No person shall be
4permitted to use any toll highway without paying the toll
5established under this Section except when on official Toll
6Highway Authority business which includes police and other
7emergency vehicles. However, any law enforcement agency
8vehicle, fire department vehicle, public or private ambulance
9service vehicle engaged in the performance of an emergency
10service or duty that necessitates the use of the toll highway
11system, or other emergency vehicle that is plainly marked
12shall not be required to pay a toll to use a toll highway. A
13law enforcement, fire protection, or emergency services
14officer driving a law enforcement, fire protection, emergency
15services agency vehicle, or public or private ambulance
16service vehicle engaging in the performance of emergency
17services or duties that is not plainly marked must present an
18Official Permit Card which the law enforcement, fire
19protection, or emergency services officer receives from his or
20her law enforcement, fire protection, emergency services
21agency, or public or private ambulance service in order to use
22a toll highway without paying the toll. A law enforcement,
23fire protection, emergency services agency, or public or
24private ambulance service engaging in the performance of
25emergency services or duties must apply to the Authority to
26receive a permit, and the Authority shall adopt rules for the

 

 

HB1833- 487 -LRB104 09303 RTM 19361 b

1issuance of a permit, that allows public or private ambulance
2service vehicles engaged in the performance of emergency
3services or duties that necessitate the use of the toll
4highway system and all law enforcement, fire protection, or
5emergency services agency vehicles of the law enforcement,
6fire protection, or emergency services agency to use any toll
7highway without paying the toll established under this
8Section. The Authority shall maintain in its office a list of
9all persons that are authorized to use any toll highway
10without charge when on official business of the Authority and
11such list shall be open to the public for inspection. In
12recognition of the unique role of public transportation in
13providing effective transportation in the Authority's service
14region, and to give effect to the exemption set forth in
15subsection (b) of Section 4.06 2.06 of the Metropolitan
16Mobility Regional Transportation Authority Act, the following
17vehicles may use any toll highway without paying the toll: (1)
18a vehicle owned or operated by the Suburban Bus Division of the
19Metropolitan Mobility Regional Transportation Authority that
20is being used to transport passengers for hire; and (2) any
21revenue vehicle that is owned or operated by a Mass Transit
22District created under Section 3 of the Local Mass Transit
23District Act and running regular scheduled service.
24    Among other matters, this amendatory Act of 1990 is
25intended to clarify and confirm the prior intent of the
26General Assembly to allow toll revenues from the toll highway

 

 

HB1833- 488 -LRB104 09303 RTM 19361 b

1system to be used to pay a portion of the cost of the
2construction of the North-South Toll Highway authorized by
3Senate Joint Resolution 122 of the 83rd General Assembly in
41984.
5(Source: P.A. 100-739, eff. 1-1-19.)
 
6    Section 8.41. The Illinois Aeronautics Act is amended by
7changing Section 49.1 as follows:
 
8    (620 ILCS 5/49.1)  (from Ch. 15 1/2, par. 22.49a)
9    Sec. 49.1. Creation of hazards. No person may create or
10construct any airport hazard which obstructs a restricted
11landing area or residential airport that (1) serves 20 or more
12based aircraft, and (2) is located within the "metropolitan
13region" as that term is defined in the Metropolitan Mobility
14Regional Transportation Authority Act. For the purpose of this
15Section, "based aircraft" are aircraft that are regularly
16hangared or tied-down at the restricted landing area or
17residential airport, or that use it as their primary base of
18operation. As used in this Section 49.1, "restricted landing
19area" or "residential airport" shall have the meaning set
20forth in regulations of the Department in effect on the
21effective date of this amendatory Act of 1989, but shall not
22include amendments of the regulations adopted by the
23Department thereafter.
24(Source: P.A. 86-963.)
 

 

 

HB1833- 489 -LRB104 09303 RTM 19361 b

1    Section 8.42. The Illinois Vehicle Code is amended by
2changing Sections 1-209.3, 8-102, 11-709.2, and 18c-7402 as
3follows:
 
4    (625 ILCS 5/1-209.3)
5    Sec. 1-209.3. Transit bus. A bus engaged in public
6transportation as defined by the Metropolitan Mobility
7Regional Transportation Authority Act and authorized by the
8Department to be used on specifically designated roadway
9shoulders.
10(Source: P.A. 97-292, eff. 8-11-11.)
 
11    (625 ILCS 5/8-102)  (from Ch. 95 1/2, par. 8-102)
12    Sec. 8-102. Alternate methods of giving proof.
13    (a) Except as provided in subsection (b), proof of
14financial responsibility, when required under Section 8-101 or
158-101.1, may be given by filing with the Secretary of State one
16of the following:
17        1. A bond as provided in Section 8-103;
18        2. An insurance policy or other proof of insurance in
19    a form to be prescribed by the Secretary as provided in
20    Section 8-108;
21        3. A certificate of self-insurance issued by the
22    Director;
23        4. A certificate of self-insurance issued to the

 

 

HB1833- 490 -LRB104 09303 RTM 19361 b

1    Metropolitan Mobility Regional Transportation Authority by
2    the Director naming municipal or non-municipal public
3    carriers included therein;
4        5. A certificate of coverage issued by an
5    intergovernmental risk management association evidencing
6    coverages which meet or exceed the amounts required under
7    this Code.
8    (b) Beginning January 1, 2020, in lieu of filing the
9documents required by subsection (a), each owner of a vehicle
10required to obtain minimum liability insurance under Section
118-101 or 8-101.1 shall attest that the vehicle is insured in at
12least the minimum required amount.
13        (1) The Secretary shall create a form on which the
14    vehicle owner shall attest that the vehicle is insured in
15    at least the minimum required amount. The attestation form
16    shall be submitted with each registration application.
17        (2) The attestation form shall be valid for the full
18    registration period; however, if at any time the Secretary
19    has reason to believe that the owner does not have the
20    minimum required amount of insurance for a vehicle, the
21    Secretary may require the owner to file with the Secretary
22    documentation as set forth in subsection (a) of this
23    Section.
24        (3) If the owner fails to provide the required
25    documentation within 7 calendar days after the request is
26    made, the Secretary may suspend the vehicle registration.

 

 

HB1833- 491 -LRB104 09303 RTM 19361 b

1    The registration shall remain suspended until such time as
2    the required documentation is provided to and reviewed by
3    the Secretary.
4        (4) The owner of a vehicle that is self-insured shall
5    attest that the funds available to pay liability claims
6    related to the operation of the vehicle are equivalent to
7    or greater than the minimum liability insurance
8    requirements under Section 8-101 or 8-101.1.
9    (c) The Secretary of State may adopt rules to implement
10this Section.
11(Source: P.A. 100-986, eff. 1-1-21.)
 
12    (625 ILCS 5/11-709.2)
13    Sec. 11-709.2. Bus on shoulder program.
14    (a) The use of specifically designated shoulders of
15roadways by transit buses may be authorized by the Department
16in cooperation with the Metropolitan Mobility Regional
17Transportation Authority and the Suburban Bus Division of the
18Regional Transportation Authority. The Department shall
19prescribe by rule which transit buses are authorized to
20operate on shoulders, as well as times and locations. The
21Department may erect signage to indicate times and locations
22of designated shoulder usage.
23    (b) (Blank).
24    (c) (Blank).
25(Source: P.A. 98-756, eff. 7-16-14; 98-871, eff. 8-11-14;

 

 

HB1833- 492 -LRB104 09303 RTM 19361 b

199-78, eff. 7-20-15.)
 
2    (625 ILCS 5/18c-7402)  (from Ch. 95 1/2, par. 18c-7402)
3    Sec. 18c-7402. Safety requirements for railroad
4operations.
5    (1) Obstruction of crossings.
6        (a) Obstruction of emergency vehicles. Every railroad
7    shall be operated in such a manner as to minimize
8    obstruction of emergency vehicles at crossings. Where such
9    obstruction occurs and the train crew is aware of the
10    obstruction, the train crew shall immediately take any
11    action, consistent with safe operating procedure,
12    necessary to remove the obstruction. In the Chicago and
13    St. Louis switching districts, every railroad dispatcher
14    or other person responsible for the movement of railroad
15    equipment in a specific area who receives notification
16    that railroad equipment is obstructing the movement of an
17    emergency vehicle at any crossing within such area shall
18    immediately notify the train crew through use of existing
19    communication facilities. Upon notification, the train
20    crew shall take immediate action in accordance with this
21    paragraph.
22        (b) Obstruction of highway at-grade at grade crossing
23    prohibited. It is unlawful for a rail carrier to permit
24    any train, railroad car or engine to obstruct public
25    travel at a railroad-highway grade crossing for a period

 

 

HB1833- 493 -LRB104 09303 RTM 19361 b

1    in excess of 10 minutes, except where such train or
2    railroad car is continuously moving or cannot be moved by
3    reason of circumstances over which the rail carrier has no
4    reasonable control.
5        In a county with a population of greater than
6    1,000,000, as determined by the most recent federal
7    census, during the hours of 7:00 a.m. through 9:00 a.m.
8    and 4:00 p.m. through 6:00 p.m. it is unlawful for a rail
9    carrier to permit any single train or railroad car to
10    obstruct public travel at a railroad-highway grade
11    crossing in excess of a total of 10 minutes during a
12    30-minute 30 minute period, except where the train or
13    railroad car cannot be moved by reason or circumstances
14    over which the rail carrier has no reasonable control.
15    Under no circumstances will a moving train be stopped for
16    the purposes of issuing a citation related to this
17    Section.
18        However, no employee acting under the rules or orders
19    of the rail carrier or its supervisory personnel may be
20    prosecuted for a violation of this subsection (b).
21        (c) Punishment for obstruction of grade crossing. Any
22    rail carrier violating paragraph (b) of this subsection
23    shall be guilty of a petty offense and fined not less than
24    $200 nor more than $500 if the duration of the obstruction
25    is in excess of 10 minutes but no longer than 15 minutes.
26    If the duration of the obstruction exceeds 15 minutes the

 

 

HB1833- 494 -LRB104 09303 RTM 19361 b

1    violation shall be a business offense and the following
2    fines shall be imposed: if the duration of the obstruction
3    is in excess of 15 minutes but no longer than 20 minutes,
4    the fine shall be $500; if the duration of the obstruction
5    is in excess of 20 minutes but no longer than 25 minutes,
6    the fine shall be $700; if the duration of the obstruction
7    is in excess of 25 minutes, but no longer than 30 minutes,
8    the fine shall be $900; if the duration of the obstruction
9    is in excess of 30 minutes but no longer than 35 minutes,
10    the fine shall be $1,000; if the duration of the
11    obstruction is in excess of 35 minutes, the fine shall be
12    $1,000 plus an additional $500 for each 5 minutes of
13    obstruction in excess of 25 minutes of obstruction.
14    (2) Other operational requirements.
15        (a) Bell and whistle-crossings. Every rail carrier
16    shall cause a bell, and a whistle or horn to be placed and
17    kept on each locomotive, and shall cause the same to be
18    rung or sounded by the engineer or fireman, at the
19    distance of at least 1,320 feet, from the place where the
20    railroad crosses or intersects any public highway, and
21    shall be kept ringing or sounding until the highway is
22    reached; provided that at crossings where the Commission
23    shall by order direct, only after a hearing has been held
24    to determine the public is reasonably and sufficiently
25    protected, the rail carrier may be excused from giving
26    warning provided by this paragraph.

 

 

HB1833- 495 -LRB104 09303 RTM 19361 b

1        (a-5) The requirements of paragraph (a) of this
2    subsection (2) regarding ringing a bell and sounding a
3    whistle or horn do not apply at a railroad crossing that
4    has a permanently installed automated audible warning
5    device authorized by the Commission under Section
6    18c-7402.1 that sounds automatically when an approaching
7    train is at least 1,320 feet from the crossing and that
8    keeps sounding until the lead locomotive has crossed the
9    highway. The engineer or fireman may ring the bell or
10    sound the whistle or horn at a railroad crossing that has a
11    permanently installed audible warning device.
12        (b) Speed limits. Each rail carrier shall operate its
13    trains in compliance with speed limits set by the
14    Commission. The Commission may set train speed limits only
15    where such limits are necessitated by extraordinary
16    circumstances affecting the public safety, and shall
17    maintain such train speed limits in effect only for such
18    time as the extraordinary circumstances prevail.
19        The Commission and the Department of Transportation
20    shall conduct a study of the relation between train speeds
21    and railroad-highway grade crossing safety. The Commission
22    shall report the findings of the study to the General
23    Assembly no later than January 5, 1997.
24        (c) Special speed limit; pilot project. The Commission
25    and the Board of the Metropolitan Mobility Authority
26    Commuter Rail Division of the Regional Transportation

 

 

HB1833- 496 -LRB104 09303 RTM 19361 b

1    Authority shall conduct a pilot project in the Village of
2    Fox River Grove, the site of the fatal school bus crash at
3    a railroad crossing on October 25, 1995, in order to
4    improve railroad crossing safety. For this project, the
5    Commission is directed to set the maximum train speed
6    limit for Metropolitan Mobility Regional Transportation
7    Authority trains at 50 miles per hour at intersections on
8    that portion of the intrastate rail line located in the
9    Village of Fox River Grove. If the Metropolitan Mobility
10    Regional Transportation Authority deliberately fails to
11    comply with this maximum speed limit, then any entity,
12    governmental or otherwise, that provides capital or
13    operational funds to the Metropolitan Mobility Regional
14    Transportation Authority shall appropriately reduce or
15    eliminate that funding. The Commission shall report to the
16    Governor and the General Assembly on the results of this
17    pilot project in January 1999, January 2000, and January
18    2001. The Commission shall also submit a final report on
19    the pilot project to the Governor and the General Assembly
20    in January 2001. The provisions of this subsection (c),
21    other than this sentence, are inoperative after February
22    1, 2001.
23        (d) Freight train crew size. No rail carrier shall
24    operate or cause to operate a train or light engine used in
25    connection with the movement of freight unless it has an
26    operating crew consisting of at least 2 individuals. The

 

 

HB1833- 497 -LRB104 09303 RTM 19361 b

1    minimum freight train crew size indicated in this
2    subsection (d) shall remain in effect until a federal law
3    or rule encompassing the subject matter has been adopted.
4    The Commission, with respect to freight train crew member
5    size under this subsection (d), has the power to conduct
6    evidentiary hearings, make findings, and issue and enforce
7    orders, including sanctions under Section 18c-1704 of this
8    Chapter. As used in this subsection (d), "train or light
9    engine" does not include trains operated by a hostler
10    service or utility employees.
11    (3) Report and investigation of rail accidents.
12        (a) Reports. Every rail carrier shall report to the
13    Commission, by the speediest means possible, whether
14    telephone, telegraph, or otherwise, every accident
15    involving its equipment, track, or other property which
16    resulted in loss of life to any person. In addition, such
17    carriers shall file a written report with the Commission.
18    Reports submitted under this paragraph shall be strictly
19    confidential, shall be specifically prohibited from
20    disclosure, and shall not be admissible in any
21    administrative or judicial proceeding relating to the
22    accidents reported.
23        (b) Investigations. The Commission may investigate all
24    railroad accidents reported to it or of which it acquires
25    knowledge independent of reports made by rail carriers,
26    and shall have the power, consistent with standards and

 

 

HB1833- 498 -LRB104 09303 RTM 19361 b

1    procedures established under the Federal Railroad Safety
2    Act, as amended, to enter such temporary orders as will
3    minimize the risk of future accidents pending notice,
4    hearing, and final action by the Commission.
5(Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23.)
 
6    Section 8.43. The Criminal Code of 2012 is amended by
7changing Section 21-5 as follows:
 
8    (720 ILCS 5/21-5)  (from Ch. 38, par. 21-5)
9    Sec. 21-5. Criminal trespass to State supported land.
10    (a) A person commits criminal trespass to State supported
11land when he or she enters upon land supported in whole or in
12part with State funds, or federal funds administered or
13granted through State agencies or any building on the land,
14after receiving, prior to the entry, notice from the State or
15its representative that the entry is forbidden, or remains
16upon the land or in the building after receiving notice from
17the State or its representative to depart, and who thereby
18interferes with another person's lawful use or enjoyment of
19the building or land.
20    A person has received notice from the State within the
21meaning of this subsection if he or she has been notified
22personally, either orally or in writing, or if a printed or
23written notice forbidding entry to him or her or a group of
24which he or she is a part, has been conspicuously posted or

 

 

HB1833- 499 -LRB104 09303 RTM 19361 b

1exhibited at the main entrance to the land or the forbidden
2part thereof.
3    (a-5) A person commits criminal trespass to State
4supported land when he or she enters upon a right-of-way right
5of way, including facilities and improvements thereon, owned,
6leased, or otherwise used by a public body or district
7organized under the Metropolitan Transit Authority Act, the
8Local Mass Transit District Act, or the Metropolitan Mobility
9Regional Transportation Authority Act, after receiving, prior
10to the entry, notice from the public body or district, or its
11representative, that the entry is forbidden, or the person
12remains upon the right-of-way right of way after receiving
13notice from the public body or district, or its
14representative, to depart, and in either of these instances
15intends to compromise public safety by causing a delay in
16transit service lasting more than 15 minutes or destroying
17property.
18    A person has received notice from the public body or
19district within the meaning of this subsection if he or she has
20been notified personally, either orally or in writing, or if a
21printed or written notice forbidding entry to him or her has
22been conspicuously posted or exhibited at any point of
23entrance to the right-of-way right of way or the forbidden
24part of the right-of-way right of way.
25    As used in this subsection (a-5), "right-of-way right of
26way" has the meaning ascribed to it in Section 18c-7502 of the

 

 

HB1833- 500 -LRB104 09303 RTM 19361 b

1Illinois Vehicle Code.
2    (b) A person commits criminal trespass to State supported
3land when he or she enters upon land supported in whole or in
4part with State funds, or federal funds administered or
5granted through State agencies or any building on the land by
6presenting false documents or falsely representing his or her
7identity orally to the State or its representative in order to
8obtain permission from the State or its representative to
9enter the building or land; or remains upon the land or in the
10building by presenting false documents or falsely representing
11his or her identity orally to the State or its representative
12in order to remain upon the land or in the building, and who
13thereby interferes with another person's lawful use or
14enjoyment of the building or land.
15    This subsection does not apply to a peace officer or other
16official of a unit of government who enters upon land
17supported in whole or in part with State funds, or federal
18funds administered or granted through State agencies or any
19building on the land in the performance of his or her official
20duties.
21    (c) Sentence. Criminal trespass to State supported land is
22a Class A misdemeanor, except a violation of subsection (a-5)
23of this Section is a Class A misdemeanor for a first violation
24and a Class 4 felony for a second or subsequent violation.
25(Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15.)
 

 

 

HB1833- 501 -LRB104 09303 RTM 19361 b

1    Section 8.44. The Eminent Domain Act is amended by
2changing Section 15-5-15 and adding Section 15-5-49 as
3follows:
 
4    (735 ILCS 30/15-5-15)
5    Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
6through 75. The following provisions of law may include
7express grants of the power to acquire property by
8condemnation or eminent domain:
 
9(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
10    authorities; for public airport facilities.
11(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
12    authorities; for removal of airport hazards.
13(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
14    authorities; for reduction of the height of objects or
15    structures.
16(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
17    airport authorities; for general purposes.
18(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
19    Act; Kankakee River Valley Area Airport Authority; for
20    acquisition of land for airports.
21(70 ILCS 200/2-20); Civic Center Code; civic center
22    authorities; for grounds, centers, buildings, and parking.
23(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
24    Authority; for grounds, centers, buildings, and parking.

 

 

HB1833- 502 -LRB104 09303 RTM 19361 b

1(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
2    Exposition, Auditorium and Office Building Authority; for
3    grounds, centers, buildings, and parking.
4(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
5    Authority; for grounds, centers, buildings, and parking.
6(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
7    Center Authority; for grounds, centers, buildings, and
8    parking.
9(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
10    District Civic Center Authority; for grounds, centers,
11    buildings, and parking.
12(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic
13    Center Authority; for grounds, centers, buildings, and
14    parking.
15(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
16    Center Authority; for grounds, centers, buildings, and
17    parking.
18(70 ILCS 200/60-30); Civic Center Code; Collinsville
19    Metropolitan Exposition, Auditorium and Office Building
20    Authority; for grounds, centers, buildings, and parking.
21(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
22    Center Authority; for grounds, centers, buildings, and
23    parking.
24(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
25    Exposition, Auditorium and Office Building Authority; for
26    grounds, centers, buildings, and parking.

 

 

HB1833- 503 -LRB104 09303 RTM 19361 b

1(70 ILCS 200/80-15); Civic Center Code; DuPage County
2    Metropolitan Exposition, Auditorium and Office Building
3    Authority; for grounds, centers, buildings, and parking.
4(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
5    Exposition, Auditorium and Office Building Authority; for
6    grounds, centers, buildings, and parking.
7(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
8    Exposition, Auditorium and Office Building Authority; for
9    grounds, centers, buildings, and parking.
10(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
11    Center Authority; for grounds, centers, buildings, and
12    parking.
13(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
14    Center Authority; for grounds, centers, buildings, and
15    parking.
16(70 ILCS 200/120-25); Civic Center Code; Jefferson County
17    Metropolitan Exposition, Auditorium and Office Building
18    Authority; for grounds, centers, buildings, and parking.
19(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
20    Civic Center Authority; for grounds, centers, buildings,
21    and parking.
22(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
23    Metropolitan Exposition, Auditorium and Office Building
24    Authority; for grounds, centers, buildings, and parking.
25(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
26    Authority; for grounds, centers, buildings, and parking.

 

 

HB1833- 504 -LRB104 09303 RTM 19361 b

1(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
2    Center Authority; for grounds, centers, buildings, and
3    parking.
4(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
5    Civic Center Authority; for grounds, centers, buildings,
6    and parking.
7(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
8    Authority; for grounds, centers, buildings, and parking.
9(70 ILCS 200/165-35); Civic Center Code; Melrose Park
10    Metropolitan Exposition Auditorium and Office Building
11    Authority; for grounds, centers, buildings, and parking.
12(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
13    Exposition, Auditorium and Office Building Authorities;
14    for general purposes.
15(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
16    Authority; for grounds, centers, buildings, and parking.
17(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
18    Authority; for grounds, centers, buildings, and parking.
19(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
20    Authority; for grounds, centers, buildings, and parking.
21(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
22    Authority; for grounds, centers, buildings, and parking.
23(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
24    Authority; for grounds, centers, buildings, and parking.
25(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
26    Authority; for grounds, centers, buildings, and parking.

 

 

HB1833- 505 -LRB104 09303 RTM 19361 b

1(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
2    Civic Center Authority; for grounds, centers, buildings,
3    and parking.
4(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
5    Exposition, Auditorium and Office Building Authority; for
6    grounds, centers, buildings, and parking.
7(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
8    Center Authority; for grounds, centers, buildings, and
9    parking.
10(70 ILCS 200/230-35); Civic Center Code; River Forest
11    Metropolitan Exposition, Auditorium and Office Building
12    Authority; for grounds, centers, buildings, and parking.
13(70 ILCS 200/235-40); Civic Center Code; Riverside Civic
14    Center Authority; for grounds, centers, buildings, and
15    parking.
16(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
17    Authority; for grounds, centers, buildings, and parking.
18(70 ILCS 200/255-20); Civic Center Code; Springfield
19    Metropolitan Exposition and Auditorium Authority; for
20    grounds, centers, and parking.
21(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
22    Exposition, Auditorium and Office Building Authority; for
23    grounds, centers, buildings, and parking.
24(70 ILCS 200/265-20); Civic Center Code; Vermilion County
25    Metropolitan Exposition, Auditorium and Office Building
26    Authority; for grounds, centers, buildings, and parking.

 

 

HB1833- 506 -LRB104 09303 RTM 19361 b

1(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
2    Authority; for grounds, centers, buildings, and parking.
3(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
4    Center Authority; for grounds, centers, buildings, and
5    parking.
6(70 ILCS 200/280-20); Civic Center Code; Will County
7    Metropolitan Exposition and Auditorium Authority; for
8    grounds, centers, and parking.
9(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
10    Act; Metropolitan Pier and Exposition Authority; for
11    general purposes, including quick-take power.
12(70 ILCS 405/22.04); Soil and Water Conservation Districts
13    Act; soil and water conservation districts; for general
14    purposes.
15(70 ILCS 410/10 and 410/12); Conservation District Act;
16    conservation districts; for open space, wildland, scenic
17    roadway, pathway, outdoor recreation, or other
18    conservation benefits.
19(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
20    Redevelopment Commission Act; Chanute-Rantoul National
21    Aviation Center Redevelopment Commission; for general
22    purposes.
23(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
24    Fort Sheridan Redevelopment Commission; for general
25    purposes or to carry out comprehensive or redevelopment
26    plans.

 

 

HB1833- 507 -LRB104 09303 RTM 19361 b

1(70 ILCS 520/8); Southwestern Illinois Development Authority
2    Act; Southwestern Illinois Development Authority; for
3    general purposes, including quick-take power.
4(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
5    drainage districts; for general purposes.
6(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
7    corporate authorities; for construction and maintenance of
8    works.
9(70 ILCS 705/10); Fire Protection District Act; fire
10    protection districts; for general purposes.
11(70 ILCS 750/20); Flood Prevention District Act; flood
12    prevention districts; for general purposes.
13(70 ILCS 805/6); Downstate Forest Preserve District Act;
14    certain forest preserve districts; for general purposes.
15(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
16    certain forest preserve districts; for recreational and
17    cultural facilities.
18(70 ILCS 810/8); Cook County Forest Preserve District Act;
19    Forest Preserve District of Cook County; for general
20    purposes.
21(70 ILCS 810/38); Cook County Forest Preserve District Act;
22    Forest Preserve District of Cook County; for recreational
23    facilities.
24(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
25    districts; for hospitals or hospital facilities.
26(70 ILCS 915/3); Illinois Medical District Act; Illinois

 

 

HB1833- 508 -LRB104 09303 RTM 19361 b

1    Medical District Commission; for general purposes.
2(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
3    Medical District Commission; quick-take power for the
4    Illinois State Police Forensic Science Laboratory
5    (obsolete).
6(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
7    tuberculosis sanitarium districts; for tuberculosis
8    sanitariums.
9(70 ILCS 925/20); Mid-Illinois Medical District Act;
10    Mid-Illinois Medical District; for general purposes.
11(70 ILCS 930/20); Mid-America Medical District Act;
12    Mid-America Medical District Commission; for general
13    purposes.
14(70 ILCS 935/20); Roseland Community Medical District Act;
15    medical district; for general purposes.
16(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
17    abatement districts; for general purposes.
18(70 ILCS 1105/8); Museum District Act; museum districts; for
19    general purposes.
20(70 ILCS 1205/7-1); Park District Code; park districts; for
21    streets and other purposes.
22(70 ILCS 1205/8-1); Park District Code; park districts; for
23    parks.
24(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
25    districts; for airports and landing fields.
26(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park

 

 

HB1833- 509 -LRB104 09303 RTM 19361 b

1    districts; for State land abutting public water and
2    certain access rights.
3(70 ILCS 1205/11.1-3); Park District Code; park districts; for
4    harbors.
5(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
6    park districts; for street widening.
7(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water
8    Control Act; park districts; for parks, boulevards,
9    driveways, parkways, viaducts, bridges, or tunnels.
10(70 ILCS 1250/2); Park Commissioners Street Control (1889)
11    Act; park districts; for boulevards or driveways.
12(70 ILCS 1290/1); Park District Aquarium and Museum Act;
13    municipalities or park districts; for aquariums or
14    museums.
15(70 ILCS 1305/2); Park District Airport Zoning Act; park
16    districts; for restriction of the height of structures.
17(70 ILCS 1310/5); Park District Elevated Highway Act; park
18    districts; for elevated highways.
19(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
20    District; for parks and other purposes.
21(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
22    District; for parking lots or garages.
23(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
24    District; for harbors.
25(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
26    Act; Lincoln Park Commissioners; for land and interests in

 

 

HB1833- 510 -LRB104 09303 RTM 19361 b

1    land, including riparian rights.
2(70 ILCS 1801/30); Alexander-Cairo Port District Act;
3    Alexander-Cairo Port District; for general purposes.
4(70 ILCS 1805/8); Havana Regional Port District Act; Havana
5    Regional Port District; for general purposes.
6(70 ILCS 1810/7); Illinois International Port District Act;
7    Illinois International Port District; for general
8    purposes.
9(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
10    Illinois Valley Regional Port District; for general
11    purposes.
12(70 ILCS 1820/4); Jackson-Union Counties Regional Port
13    District Act; Jackson-Union Counties Regional Port
14    District; for removal of airport hazards or reduction of
15    the height of objects or structures.
16(70 ILCS 1820/5); Jackson-Union Counties Regional Port
17    District Act; Jackson-Union Counties Regional Port
18    District; for general purposes.
19(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
20    Regional Port District; for removal of airport hazards.
21(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
22    Regional Port District; for reduction of the height of
23    objects or structures.
24(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
25    Regional Port District; for removal of hazards from ports
26    and terminals.

 

 

HB1833- 511 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 512 -LRB104 09303 RTM 19361 b

1(70 ILCS 1850/4); Shawneetown Regional Port District Act;
2    Shawneetown Regional Port District; for removal of airport
3    hazards or reduction of the height of objects or
4    structures.
5(70 ILCS 1850/5); Shawneetown Regional Port District Act;
6    Shawneetown Regional Port District; for general purposes.
7(70 ILCS 1855/4); Southwest Regional Port District Act;
8    Southwest Regional Port District; for removal of airport
9    hazards or reduction of the height of objects or
10    structures.
11(70 ILCS 1855/5); Southwest Regional Port District Act;
12    Southwest Regional Port District; for general purposes.
13(70 ILCS 1860/4); Tri-City Regional Port District Act;
14    Tri-City Regional Port District; for removal of airport
15    hazards.
16(70 ILCS 1860/5); Tri-City Regional Port District Act;
17    Tri-City Regional Port District; for the development of
18    facilities.
19(70 ILCS 1863/11); Upper Mississippi River International Port
20    District Act; Upper Mississippi River International Port
21    District; for general purposes.
22(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
23    District; for removal of airport hazards.
24(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
25    District; for restricting the height of objects or
26    structures.

 

 

HB1833- 513 -LRB104 09303 RTM 19361 b

1(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
2    District; for the development of facilities.
3(70 ILCS 1870/8); White County Port District Act; White County
4    Port District; for the development of facilities.
5(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
6    Terminal Authority (Chicago); for general purposes.
7(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
8    Act; Grand Avenue Railroad Relocation Authority; for
9    general purposes, including quick-take power (now
10    obsolete).
11(70 ILCS 1935/25); Elmwood Park Grade Separation Authority
12    Act; Elmwood Park Grade Separation Authority; for general
13    purposes.
14(70 ILCS 2105/9b); River Conservancy Districts Act; river
15    conservancy districts; for general purposes.
16(70 ILCS 2105/10a); River Conservancy Districts Act; river
17    conservancy districts; for corporate purposes.
18(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
19    districts; for corporate purposes.
20(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
21    districts; for improvements and works.
22(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
23    districts; for access to property.
24(70 ILCS 2305/8); North Shore Water Reclamation District Act;
25    North Shore Water Reclamation District; for corporate
26    purposes.

 

 

HB1833- 514 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 515 -LRB104 09303 RTM 19361 b

1(70 ILCS 2605/35); Metropolitan Water Reclamation District
2    Act; Metropolitan Water Reclamation District; for widening
3    and deepening a navigable stream.
4(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
5    districts; for corporate purposes.
6(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
7    districts; for improvements.
8(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of
9    1936; sanitary districts; for drainage systems.
10(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
11    districts; for dams or other structures to regulate water
12    flow.
13(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
14    districts; for water supply.
15(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
16    districts; for waterworks.
17(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
18    Metro-East Sanitary District; for corporate purposes.
19(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
20    Metro-East Sanitary District; for access to property.
21(70 ILCS 3010/10); Sanitary District Revenue Bond Act;
22    sanitary districts; for sewerage systems.
23(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
24    Illinois Sports Facilities Authority; quick-take power for
25    its corporate purposes (obsolete).
26(70 ILCS 3405/16); Surface Water Protection District Act;

 

 

HB1833- 516 -LRB104 09303 RTM 19361 b

1    surface water protection districts; for corporate
2    purposes.
3    (70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
4    Transit Authority; for transportation systems.
5    (70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
6    Transit Authority; for general purposes.
7    (70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
8    Transit Authority; for general purposes, including
9    railroad property.
10(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
11    local mass transit districts; for general purposes.
12    (70 ILCS 3615/2.13); Regional Transportation Authority Act;
13    Regional Transportation Authority; for general purposes.
14(70 ILCS 3705/8 and 3705/12); Public Water District Act;
15    public water districts; for waterworks.
16(70 ILCS 3705/23a); Public Water District Act; public water
17    districts; for sewerage properties.
18(70 ILCS 3705/23e); Public Water District Act; public water
19    districts; for combined waterworks and sewerage systems.
20(70 ILCS 3715/6); Water Authorities Act; water authorities;
21    for facilities to ensure adequate water supply.
22(70 ILCS 3715/27); Water Authorities Act; water authorities;
23    for access to property.
24(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
25    trustees; for library buildings.
26(75 ILCS 16/30-55.80); Public Library District Act of 1991;

 

 

HB1833- 517 -LRB104 09303 RTM 19361 b

1    public library districts; for general purposes.
2(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
3    authorities of city or park district, or board of park
4    commissioners; for free public library buildings.
5(Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff.
67-16-14; 99-669, eff. 7-29-16.)
 
7    (735 ILCS 30/15-5-49 new)
8    Sec. 15-5-49. Eminent domain powers in new Acts. The
9following provisions of law may include express grants of the
10power to acquire property by condemnation or eminent domain:
 
11    Metropolitan Mobility Authority Act; Metropolitan Mobility
12    Authority; for general purposes.
 
13    Section 8.45. The Local Governmental and Governmental
14Employees Tort Immunity Act is amended by changing Section
152-101 as follows:
 
16    (745 ILCS 10/2-101)  (from Ch. 85, par. 2-101)
17    Sec. 2-101. Nothing in this Act affects the right to
18obtain relief other than damages against a local public entity
19or public employee. Nothing in this Act affects the liability,
20if any, of a local public entity or public employee, based on:
21    a contract;
22    b operation as a common carrier; and this Act does not

 

 

HB1833- 518 -LRB104 09303 RTM 19361 b

1apply to any entity organized under or subject to the
2Metropolitan Mobility "Metropolitan Transit Authority Act",
3approved April 12, 1945, as amended;
4    c The "Workers' Compensation Act", approved July 9, 1951,
5as heretofore or hereafter amended;
6    d The "Workers' Occupational Diseases Act", approved July
79, 1951, as heretofore or hereafter amended;
8    e Section 1-4-7 of the "Illinois Municipal Code", approved
9May 29, 1961, as heretofore or hereafter amended.
10    f The "Illinois Uniform Conviction Information Act",
11enacted by the 85th General Assembly, as heretofore or
12hereafter amended.
13(Source: P.A. 85-922.)
 
14    Section 8.46. The Illinois Wage Payment and Collection Act
15is amended by changing Section 9 as follows:
 
16    (820 ILCS 115/9)  (from Ch. 48, par. 39m-9)
17    Sec. 9. Except as hereinafter provided, deductions by
18employers from wages or final compensation are prohibited
19unless such deductions are (1) required by law; (2) to the
20benefit of the employee; (3) in response to a valid wage
21assignment or wage deduction order; (4) made with the express
22written consent of the employee, given freely at the time the
23deduction is made; (5) made by a municipality with a
24population of 500,000 or more, a county with a population of

 

 

HB1833- 519 -LRB104 09303 RTM 19361 b

13,000,000 or more, a community college district in a city with
2a population of 500,000 or more, a housing authority in a
3municipality with a population of 500,000 or more, the Chicago
4Park District, the Metropolitan Mobility Metropolitan Transit
5Authority, the Chicago Board of Education, the Cook County
6Forest Preserve District, or the Metropolitan Water
7Reclamation District to pay a debt owed by the employee to a
8municipality with a population of 500,000 or more, a county
9with a population of 3,000,000 or more, the Cook County Forest
10Preserve, the Chicago Park District, the Metropolitan Water
11Reclamation District, the Chicago Transit Authority, the
12Chicago Board of Education, or a housing authority of a
13municipality with a population of 500,000 or more; provided,
14however, that the amount deducted from any one salary or wage
15payment shall not exceed 25% of the net amount of the payment;
16or (6) made by a housing authority in a municipality with a
17population of 500,000 or more or a municipality with a
18population of 500,000 or more to pay a debt owed by the
19employee to a housing authority in a municipality with a
20population of 500,000 or more; provided, however, that the
21amount deducted from any one salary or wage payment shall not
22exceed 25% of the net amount of the payment. Before the
23municipality with a population of 500,000 or more, the
24community college district in a city with a population of
25500,000 or more, the Chicago Park District, the Metropolitan
26Mobility Metropolitan Transit Authority, a housing authority

 

 

HB1833- 520 -LRB104 09303 RTM 19361 b

1in a municipality with a population of 500,000 or more, the
2Chicago Board of Education, the county with a population of
33,000,000 or more, the Cook County Forest Preserve District,
4or the Metropolitan Water Reclamation District deducts any
5amount from any salary or wage of an employee to pay a debt
6owed to a municipality with a population of 500,000 or more, a
7county with a population of 3,000,000 or more, the Cook County
8Forest Preserve District, the Chicago Park District, the
9Metropolitan Water Reclamation District, the Chicago Transit
10Authority, the Chicago Board of Education, or a housing
11authority of a municipality with a population of 500,000 or
12more under this Section, the municipality, the county, the
13Cook County Forest Preserve District, the Chicago Park
14District, the Metropolitan Water Reclamation District, the
15Chicago Transit Authority, the Chicago Board of Education, or
16a housing authority of a municipality with a population of
17500,000 or more shall certify that (i) the employee has been
18afforded an opportunity for a hearing to dispute the debt that
19is due and owing the municipality, the county, the Cook County
20Forest Preserve District, the Chicago Park District, the
21Metropolitan Water Reclamation District, the Chicago Transit
22Authority, the Chicago Board of Education, or a housing
23authority of a municipality with a population of 500,000 or
24more and (ii) the employee has received notice of a wage
25deduction order and has been afforded an opportunity for a
26hearing to object to the order. Before a housing authority in a

 

 

HB1833- 521 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 522 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 523 -LRB104 09303 RTM 19361 b

1expired, or (ii) a specified sum of money owed to the
2municipality pursuant to a court order or order of an
3administrative hearing officer after the exhaustion of, or the
4failure to exhaust, judicial review. Where the legitimacy of
5any deduction from wages is in dispute, the amount in question
6may be withheld if the employer notifies the Department of
7Labor on the date the payment is due in writing of the amount
8that is being withheld and stating the reasons for which the
9payment is withheld. Upon such notification the Department of
10Labor shall conduct an investigation and render a judgment as
11promptly as possible, and shall complete such investigation
12within 30 days of receipt of the notification by the employer
13that wages have been withheld. The employer shall pay the
14wages due upon order of the Department of Labor within 15
15calendar days of issuance of a judgment on the dispute.
16    The Department shall establish rules to protect the
17interests of both parties in cases of disputed deductions from
18wages. Such rules shall include reasonable limitations on the
19amount of deductions beyond those required by law which may be
20made during any pay period by any employer.
21    In case of a dispute over wages, the employer shall pay,
22without condition and within the time set by this Act, all
23wages or parts thereof, conceded by him to be due, leaving to
24the employee all remedies to which he may otherwise be
25entitled as to any balance claimed. The acceptance by an
26employee of a disputed paycheck shall not constitute a release

 

 

HB1833- 524 -LRB104 09303 RTM 19361 b

1as to the balance of his claim and any release or restrictive
2endorsement required by an employer as a condition to payment
3shall be a violation of this Act and shall be void.
4(Source: P.A. 97-120, eff. 1-1-12.)
 
5    Section 8.47. The Transportation Benefits Program Act is
6amended by changing Sections 5, 10, and 15 as follows:
 
7    (820 ILCS 63/5)
8    Sec. 5. Definitions. As used in this Act:
9    "Covered employee" means any person who performs an
10average of at least 35 hours of work per week for compensation
11on a full-time basis.
12    "Covered employer" means any individual, partnership,
13association, corporation, limited liability company,
14government, non-profit organization, or business trust that
15directly or indirectly, or through an agent or any other
16person, employs or exercises control over wages, hours, or
17working conditions of an employee, and that:
18        (1) is located in: Cook County; Warren Township in
19    Lake County; Grant Township in Lake County; Frankfort
20    Township in Will County; Wheatland Township in Will
21    County; Addison Township; Bloomingdale Township; York
22    Township; Milton Township; Winfield Township; Downers
23    Grove Township; Lisle Township; Naperville Township;
24    Dundee Township; Elgin Township; St. Charles Township;

 

 

HB1833- 525 -LRB104 09303 RTM 19361 b

1    Geneva Township; Batavia Township; Aurora Township; Zion
2    Township; Benton Township; Waukegan Township; Avon
3    Township; Libertyville Township; Shields Township; Vernon
4    Township; West Deerfield Township; Deerfield Township;
5    McHenry Township; Nunda Township; Algonquin Township;
6    DuPage Township; Homer Township; Lockport Township;
7    Plainfield Township; New Lenox Township; Joliet Township;
8    or Troy Township; and
9        (2) employs 50 or more covered employees in a
10    geographic area specified in paragraph (1) at an address
11    that is located within one mile of fixed-route transit
12    service.
13    "Public transit" means any transportation system within
14the authority and jurisdiction of the Metropolitan Mobility
15Regional Transportation Authority.
16    "Transit pass" means any pass, token, fare card, voucher,
17or similar item entitling a person to transportation on public
18transit.
19(Source: P.A. 103-291, eff. 1-1-24.)
 
20    (820 ILCS 63/10)
21    Sec. 10. Transportation benefits program. All covered
22employers shall provide a pre-tax commuter benefit to covered
23employees. The pre-tax commuter benefit shall allow employees
24to use pre-tax dollars for the purchase of a transit pass, via
25payroll deduction, such that the costs for such purchases may

 

 

HB1833- 526 -LRB104 09303 RTM 19361 b

1be excluded from the employee's taxable wages and compensation
2up to the maximum amount permitted by federal tax law,
3consistent with 26 U.S.C. 132(f) and the rules and regulations
4promulgated thereunder. A covered employer may comply with
5this Section by participating in a program offered by the
6Metropolitan Mobility Chicago Transit Authority or the
7Regional Transportation Authority.
8    This benefit must be offered to all employees starting on
9the employees' first full pay period after 120 days of
10employment. All transit agencies shall market the existence of
11this program and this Act to their riders in order to inform
12affected employees and their employers.
13(Source: P.A. 103-291, eff. 1-1-24.)
 
14    (820 ILCS 63/15)
15    Sec. 15. Regional Transit Authority map. The Metropolitan
16Mobility Regional Transportation Authority shall make publicly
17available a searchable map of addresses that are located
18within one mile of fixed-route transit service.
19(Source: P.A. 103-291, eff. 1-1-24.)
 
20    Section 8.48. No acceleration or delay. Where this Act
21makes changes in a statute that is represented in this Act by
22text that is not yet or no longer in effect (for example, a
23Section represented by multiple versions), the use of that
24text does not accelerate or delay the taking effect of (i) the

 

 

HB1833- 527 -LRB104 09303 RTM 19361 b

1changes made by this Act or (ii) provisions derived from any
2other Public Act.

 

 

HB1833- 528 -LRB104 09303 RTM 19361 b

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

 

 

HB1833- 529 -LRB104 09303 RTM 19361 b

1    20 ILCS 3501/820-50
2    30 ILCS 5/3-1from Ch. 15, par. 303-1
3    30 ILCS 5/3-2.3 rep.
4    30 ILCS 105/5.277from Ch. 127, par. 141.277
5    30 ILCS 105/5.918
6    30 ILCS 105/5.1030 new
7    30 ILCS 105/5.1031 new
8    30 ILCS 105/6z-17from Ch. 127, par. 142z-17
9    30 ILCS 105/6z-20from Ch. 127, par. 142z-20
10    30 ILCS 105/6z-27
11    30 ILCS 105/6z-109
12    30 ILCS 105/8.3
13    30 ILCS 105/8.25g
14    30 ILCS 230/2afrom Ch. 127, par. 172
15    30 ILCS 740/2-2.02from Ch. 111 2/3, par. 662.02
16    30 ILCS 740/3-1.02from Ch. 111 2/3, par. 683
17    30 ILCS 740/4-1.7from Ch. 111 2/3, par. 699.7
18    30 ILCS 805/8.47
19    35 ILCS 105/2bfrom Ch. 120, par. 439.2b
20    35 ILCS 105/22from Ch. 120, par. 439.22
21    35 ILCS 110/20from Ch. 120, par. 439.50
22    35 ILCS 115/20from Ch. 120, par. 439.120
23    35 ILCS 120/6from Ch. 120, par. 445
24    35 ILCS 165/10
25    35 ILCS 171/2
26    35 ILCS 200/15-100

 

 

HB1833- 530 -LRB104 09303 RTM 19361 b

1    35 ILCS 505/8b
2    35 ILCS 815/1from Ch. 121 1/2, par. 911
3    40 ILCS 5/8-230.1from Ch. 108 1/2, par. 8-230.1
4    40 ILCS 5/11-221.1from Ch. 108 1/2, par. 11-221.1
5    40 ILCS 5/18-112from Ch. 108 1/2, par. 18-112
6    40 ILCS 5/22-101from Ch. 108 1/2, par. 22-101
7    40 ILCS 5/22-101B
8    40 ILCS 5/22-103
9    40 ILCS 5/22-105
10    50 ILCS 330/2from Ch. 85, par. 802
11    55 ILCS 5/6-34000
12    65 ILCS 5/11-1-11from Ch. 24, par. 11-1-11
13    65 ILCS 5/11-74.4-3from Ch. 24, par. 11-74.4-3
14    65 ILCS 5/Art. 11 Div.
15    122.2 heading
16    65 ILCS 5/11-122.2-1from Ch. 24, par. 11-122.2-1
17    70 ILCS 1707/10
18    70 ILCS 3605/Act rep.
19    70 ILCS 3610/3.1from Ch. 111 2/3, par. 353.1
20    70 ILCS 3610/5.05from Ch. 111 2/3, par. 355.05
21    70 ILCS 3610/8.5from Ch. 111 2/3, par. 358.5
22    70 ILCS 3615/Act rep.
23    70 ILCS 3720/4from Ch. 111 2/3, par. 254
24    105 ILCS 5/29-5from Ch. 122, par. 29-5
25    105 ILCS 5/34-4from Ch. 122, par. 34-4
26    220 ILCS 5/4-302from Ch. 111 2/3, par. 4-302

 

 

HB1833- 531 -LRB104 09303 RTM 19361 b

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