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1 | AN ACT concerning local government. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Article I. METROPOLITAN MOBILITY AUTHORITY | |||||||||||||||||||
5 | Section 1.01. Short title. Articles I through VI of this | |||||||||||||||||||
6 | Act may be cited as the Metropolitan Mobility Authority Act. | |||||||||||||||||||
7 | References to "this Act" in Articles I through VII of this Act | |||||||||||||||||||
8 | mean 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 | ||||||
24 | assist public transportation in the metropolitan region | ||||||
25 | without impairing the overall quality of existing public | ||||||
26 | transportation by providing for the creation of a single |
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1 | authority responsive to the people and elected officials of | ||||||
2 | the area with the power and competence to operate the regional | ||||||
3 | transportation system; develop, implement, and enforce plans | ||||||
4 | that promote adequate, efficient, equitable, and coordinated | ||||||
5 | public transportation; provide responsible financial | ||||||
6 | stewardship of the public transportation system in the | ||||||
7 | metropolitan region; and facilitate the delivery of public | ||||||
8 | transportation that is attractive and safe for passengers and | ||||||
9 | employees, comprehensive and coordinated among its various | ||||||
10 | elements, economic and efficient, and coordinated among local, | ||||||
11 | regional, and State programs, plans, and projects. | ||||||
12 | Section 1.03. Definitions. As used in this Act: | ||||||
13 | "Authority" means the Metropolitan Mobility Authority, the | ||||||
14 | successor to the Regional Transportation Authority and the | ||||||
15 | Chicago Transit Authority. | ||||||
16 | "Board" means the Board of Directors of the Metropolitan | ||||||
17 | Mobility Authority. | ||||||
18 | "Consolidated entities" means the Chicago Transit | ||||||
19 | Authority, the Commuter Rail Division and the Suburban Bus | ||||||
20 | Division of the Regional Transportation Authority, the | ||||||
21 | Regional Transportation Authority, and all of their | ||||||
22 | subsidiaries and affiliates. | ||||||
23 | "Construct or acquire" means to plan, design, construct, | ||||||
24 | reconstruct, improve, modify, extend, landscape, expand, or | ||||||
25 | acquire. |
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1 | "Fare capping" means the action of no longer charging a | ||||||
2 | rider for any additional fares for the duration of a daily, | ||||||
3 | weekly, monthly, or 30-day pass once the rider has purchased | ||||||
4 | enough regular one-way fares to reach the cost of the | ||||||
5 | applicable pass. | ||||||
6 | "Metropolitan region" means all territory included within | ||||||
7 | the territory of the Authority as provided in this Act, and | ||||||
8 | such territory as may be annexed to the Authority. | ||||||
9 | "Municipality", "county", and "unit of local government" | ||||||
10 | have the meanings given to those terms in Section 1 of Article | ||||||
11 | VII of the Illinois Constitution. | ||||||
12 | "Operate" means operate, maintain, administer, repair, | ||||||
13 | promote, and any other acts necessary or proper with regard to | ||||||
14 | such matters. | ||||||
15 | "Operating Division" means the Suburban Bus, Commuter | ||||||
16 | Rail, and Chicago Transit Operating Divisions and any public | ||||||
17 | transportation operating division formed by the Authority | ||||||
18 | after the effective date of this Act. | ||||||
19 | "Public transportation" means the transportation or | ||||||
20 | conveyance of persons within the metropolitan region by means | ||||||
21 | available to the general public, including groups of the | ||||||
22 | general public with special needs. "Public transportation" | ||||||
23 | does not include transportation by automobiles not used for | ||||||
24 | conveyance of the general public as passengers. | ||||||
25 | "Public transportation facility" means the equipment or | ||||||
26 | property, real or personal, or rights therein, useful or |
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1 | necessary for providing, maintaining or administering public | ||||||
2 | transportation within the metropolitan region or otherwise | ||||||
3 | useful for carrying out or meeting the purposes or powers of | ||||||
4 | the Authority. Except as otherwise provided by this Act, | ||||||
5 | "public transportation facility" does not include a road, | ||||||
6 | street, highway, bridge, toll highway, or toll bridge for | ||||||
7 | general public use. | ||||||
8 | "Regional rail" means a commuter rail service pattern that | ||||||
9 | emphasizes more frequent off-peak service, simplified | ||||||
10 | schedules, and non-downtown trips. "Regional rail" may include | ||||||
11 | other elements, such as running trains through multiple | ||||||
12 | downtown stations to improve regional connectivity. | ||||||
13 | "Service Boards" means the boards of the Commuter Rail | ||||||
14 | Division, the Suburban Bus Division, and the Chicago Transit | ||||||
15 | Authority of the former Regional Transportation Authority. | ||||||
16 | "Service Standards" means quantitative and qualitative | ||||||
17 | attributes of public transit service as well as the | ||||||
18 | appropriate level of service to be provided across the | ||||||
19 | metropolitan region. | ||||||
20 | "Transportation agency" means any individual, firm, | ||||||
21 | partnership, corporation, association, body politic, municipal | ||||||
22 | corporation, public authority, unit of local government, or | ||||||
23 | other person, other than the Authority and the Operating | ||||||
24 | Divisions, that provides public transportation in the | ||||||
25 | metropolitan region pursuant to an agreement with the | ||||||
26 | Authority. |
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1 | Article II. CREATION AND ORGANIZATION | ||||||
2 | Section 2.01. Establishment of the Authority. The | ||||||
3 | Metropolitan Mobility Authority is established upon the | ||||||
4 | effective date of this Act. The Authority is a unit of local | ||||||
5 | government, body politic, political subdivision, and municipal | ||||||
6 | corporation. | ||||||
7 | Section 2.02. Territory and annexation. | ||||||
8 | (a) The initial territory of the Authority is Cook, | ||||||
9 | DuPage, Kane, Lake, McHenry, and Will counties. Any other | ||||||
10 | county or portion thereof in Illinois contiguous to the | ||||||
11 | metropolitan region may be annexed to the Authority on such | ||||||
12 | conditions as the Authority shall by ordinance prescribe, by | ||||||
13 | ordinance adopted by the county board of such county, and by | ||||||
14 | approval by the Authority. Upon such annexation, a certificate | ||||||
15 | of such action shall be filed by the Secretary of the Authority | ||||||
16 | with the county clerk of the county so annexing to the | ||||||
17 | Authority and with the Secretary of State and the Department | ||||||
18 | of Revenue. | ||||||
19 | (b) No area may be annexed to the Authority except upon the | ||||||
20 | approval of a majority of the electors of such area voting on | ||||||
21 | the proposition so to annex, which proposition may be | ||||||
22 | presented at any regular election as provided by the county | ||||||
23 | board or boards of the county or counties in which the area in |
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1 | question is located. Such county board or boards shall cause | ||||||
2 | certification of such proposition to be given in accordance | ||||||
3 | with the general election law to the proper election officers, | ||||||
4 | who shall submit the proposition at an election in accordance | ||||||
5 | with the general election law. | ||||||
6 | Section 2.03. Extraterritorial authority. To provide or | ||||||
7 | assist any transportation of members of the general public | ||||||
8 | between points in the metropolitan region and points outside | ||||||
9 | the metropolitan region, whether in this State, Wisconsin, or | ||||||
10 | Indiana, the Authority may enter into agreements with any unit | ||||||
11 | of local government, individual, corporation or other business | ||||||
12 | entity, or other person or public agency in or of any such | ||||||
13 | state or any private entity for such service. Such agreements | ||||||
14 | may provide for participation by the Authority in providing | ||||||
15 | such service and for grants by the Authority in connection | ||||||
16 | with any such service, and may, subject to federal and State | ||||||
17 | law, set forth any terms relating to such service, including | ||||||
18 | coordinating such service with public transportation in the | ||||||
19 | metropolitan region. Such agreement may be for such number of | ||||||
20 | years or duration as the parties may agree. In regard to any | ||||||
21 | such agreements or grants, the Authority shall consider the | ||||||
22 | benefit to the metropolitan region and the financial | ||||||
23 | contribution with regard to such service made or to be made | ||||||
24 | from public funds in such areas served outside the | ||||||
25 | metropolitan region. |
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1 | Section 2.04. Board of Directors. | ||||||
2 | (a) The corporate authorities and governing body of the | ||||||
3 | Authority shall be a Board consisting of voting Directors and | ||||||
4 | nonvoting 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 | ||||||
12 | region except for those Directors appointed pursuant to | ||||||
13 | paragraph (1) of subsection (a) and subparagraphs (A) and (B) | ||||||
14 | of paragraph (5) of subsection (a), who shall be residents of | ||||||
15 | the State of Illinois. | ||||||
16 | (c) Nonvoting Directors shall have the same rights to | ||||||
17 | access Board-related materials and to participate in Board | ||||||
18 | meetings as Directors with voting rights. | ||||||
19 | (d) Nonvoting Directors shall be subject to the same | ||||||
20 | conflict of interest restrictions applicable to other | ||||||
21 | Directors, are subject to all ethics requirements applicable | ||||||
22 | to the other Directors, and must comply with the public | ||||||
23 | transportation system usage and meeting attendance | ||||||
24 | requirements 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 | ||||||
2 | officer, a member of the board of directors, a trustee, or an | ||||||
3 | employee of a transportation agency that has an agreement with | ||||||
4 | or grant from the Authority. | ||||||
5 | (b) Each appointment made under this Section shall be | ||||||
6 | certified by the appointing authority to the Board, which | ||||||
7 | shall maintain the certifications as part of the official | ||||||
8 | records of the Authority. | ||||||
9 | (c) Directors shall have diverse and substantial relevant | ||||||
10 | experience and expertise for overseeing the planning, | ||||||
11 | operation, and funding of a regional public transportation | ||||||
12 | system, including, but not limited to, backgrounds in urban | ||||||
13 | and regional planning, management of large capital projects, | ||||||
14 | labor relations, business management, public administration, | ||||||
15 | transportation, and community organizations. | ||||||
16 | Section 2.06. Director decision-making. Directors must | ||||||
17 | make decisions on behalf of the Authority based on the | ||||||
18 | Director's assessment of how best to build an integrated, | ||||||
19 | equitable, and efficient regional public transit system for | ||||||
20 | the 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 | ||||||
23 | Directors for a term of 5 years. The Chair shall not be | ||||||
24 | appointed from among the other Directors. The Chair shall be a |
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1 | resident of the metropolitan region. The Chair may be replaced | ||||||
2 | at any time by the Directors. | ||||||
3 | (b) The Chair shall preside at Board meetings and shall be | ||||||
4 | entitled to vote on all matters. | ||||||
5 | (c) The Board shall select a Secretary and a Treasurer and | ||||||
6 | may select persons to fill such other offices of the Board and | ||||||
7 | to perform such duties as it shall from time to time determine. | ||||||
8 | The Secretary, Treasurer, and other officers of the Board may | ||||||
9 | be, but need not be, members of the Board. | ||||||
10 | (d) The Chair of the Board shall serve as the Acting Chief | ||||||
11 | Executive Officer of the Authority until the appointment of | ||||||
12 | the initial Chief Executive Officer. While the Chair is | ||||||
13 | serving as the Acting Chief Executive Officer of the | ||||||
14 | Authority, the Chair shall be entitled to annual compensation | ||||||
15 | at least equal to the compensation paid to the most highly | ||||||
16 | compensated Chief Executive Officer of a Service Board as of | ||||||
17 | the effective date of this Act, subject to appropriate | ||||||
18 | adjustments made by the Board. When the Chair is no longer | ||||||
19 | serving as the Acting Chief Executive Officer of the | ||||||
20 | Authority, the Chair shall be compensated at the same rate as | ||||||
21 | the 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 | ||||||
24 | and until the Director's successor has been appointed and has | ||||||
25 | qualified. A vacancy shall occur upon resignation, death, |
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1 | conviction of a felony, or removal from office of a Director. A | ||||||
2 | Director may be removed from office (i) upon concurrence of a | ||||||
3 | majority of the Directors, on a formal finding of | ||||||
4 | incompetence, neglect of duty, or malfeasance in office or | ||||||
5 | (ii) by the Governor in response to a summary report received | ||||||
6 | from the Governor's Executive Inspector General in accordance | ||||||
7 | with Section 20-50 of the State Officials and Employees Ethics | ||||||
8 | Act if the Director has had an opportunity to be publicly heard | ||||||
9 | in person or by counsel prior to removal. As soon as feasible | ||||||
10 | after the office of a Director becomes vacant for any reason, | ||||||
11 | the appointing authority of the Director shall make an | ||||||
12 | appointment to fill the vacancy pursuant to Section 2.04. A | ||||||
13 | vacancy shall be filled for the unexpired term. | ||||||
14 | (b) The terms of the initial set of Directors selected to | ||||||
15 | the 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 | ||||||
2 | Directors no later than 270 days after the effective date of | ||||||
3 | this Act. | ||||||
4 | Section 2.09. Compensation. Each Director, including the | ||||||
5 | Chair of the Authority, shall be compensated at the rate of | ||||||
6 | $25,000 per year, but nonvoting Directors employed by a public | ||||||
7 | agency are not entitled to such compensation. Each Director | ||||||
8 | shall be reimbursed for actual expenses incurred in the | ||||||
9 | performance of the Director's duties. Officers of the | ||||||
10 | Authority shall not be required to comply with the | ||||||
11 | requirements of the Public Funds Statement Publication Act. | ||||||
12 | Section 2.10. Meetings. | ||||||
13 | (a) The Board shall prescribe the times and places for | ||||||
14 | meetings and the manner in which special meetings may be | ||||||
15 | called. Board meetings shall be held in a place easily | ||||||
16 | accessible by public transit. The Board shall comply in all | ||||||
17 | respects with the Open Meetings Act. All records, documents, | ||||||
18 | and papers of the Authority, other than those relating to | ||||||
19 | closed sessions of the Board, may be held and any redactions as | ||||||
20 | permitted or required by applicable law, shall be available | ||||||
21 | for public examination, subject to such reasonable regulations | ||||||
22 | as the Board may adopt. | ||||||
23 | (b) A majority of the whole number of members of the | ||||||
24 | Authority then in office shall constitute a quorum for the |
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1 | transaction of any business or the exercise of any power of the | ||||||
2 | Authority. Unless otherwise stated by this Act, actions of the | ||||||
3 | Authority shall require the affirmative vote of a majority of | ||||||
4 | the voting members of the Authority present and voting at the | ||||||
5 | meeting at which the action is taken. | ||||||
6 | (c) Open meetings of the Board shall be broadcast to the | ||||||
7 | public and maintained in real time on the Board's website | ||||||
8 | using a high-speed Internet connection. Recordings of each | ||||||
9 | meeting broadcast shall be posted to the Board's website | ||||||
10 | within a reasonable time after the meeting and shall be | ||||||
11 | maintained as public records to the extent practicable, as | ||||||
12 | determined by the Board. Compliance with these provisions does | ||||||
13 | not relieve the Board of its obligations under the Open | ||||||
14 | Meetings Act. | ||||||
15 | Section 2.11. Director liability. | ||||||
16 | (a) A Director of the Authority is not liable for any | ||||||
17 | injury resulting from any act or omission in determining | ||||||
18 | policy or exercising discretion, except: (1) for willful or | ||||||
19 | wanton misconduct; or (2) as otherwise provided by law. | ||||||
20 | (b) If any claim or action is instituted against a | ||||||
21 | Director of the Authority based on an injury allegedly arising | ||||||
22 | out of an act or omission of the Director occurring within the | ||||||
23 | scope of the Director's performance of duties on behalf of the | ||||||
24 | Authority, the Authority shall indemnify the Director for all | ||||||
25 | legal expenses and court costs incurred in defending against |
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1 | the claim or action and shall indemnify the Director for any | ||||||
2 | amount paid pursuant to any judgment on, or any good faith | ||||||
3 | settlement of, such claim, except for that portion of a | ||||||
4 | judgment awarded for willful or wanton misconduct. | ||||||
5 | (c) The Authority may purchase insurance to cover the | ||||||
6 | costs of any legal expenses, judgments, or settlements under | ||||||
7 | this Section. | ||||||
8 | Section 2.12. Citizen Advisory Board. There is established | ||||||
9 | a Citizen Advisory Board. The Board shall appoint at least 5 | ||||||
10 | and not more than 15 members to the Citizen Advisory Board. The | ||||||
11 | Board shall follow the selection process in Section 5.01 for | ||||||
12 | its appointments to the Citizen Advisory Board. The Board | ||||||
13 | should strive to assemble a Citizen Advisory Board that is | ||||||
14 | reflective of the diversity of the metropolitan region, the | ||||||
15 | users of the various modes of public transportation, and the | ||||||
16 | interests of the residents and institutions of the region in a | ||||||
17 | strong public transportation system. At least one member of | ||||||
18 | the Citizen Advisory Board shall represent transit riders with | ||||||
19 | disabilities. The Citizen Advisory Board shall meet at least | ||||||
20 | quarterly and shall advise the Board of the impact of its | ||||||
21 | policies and programs on the communities within the | ||||||
22 | metropolitan region. Members shall serve without compensation | ||||||
23 | but shall be entitled to reimbursement of reasonable and | ||||||
24 | necessary costs incurred in the performance of their duties. | ||||||
25 | Citizen Advisory Board members are subject to the public |
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1 | transportation system usage requirements applicable to | ||||||
2 | Authority 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 | ||||||
6 | the Board composed of a diverse subset of Directors. Directors | ||||||
7 | appointed to the Transition Committee shall devote substantial | ||||||
8 | time and effort to managing the transitions required by this | ||||||
9 | Act in addition to their regular responsibilities as | ||||||
10 | Directors. In recognition of this level of additional effort, | ||||||
11 | the Board may authorize additional compensation for the | ||||||
12 | Directors serving on the Transition Committee over the | ||||||
13 | Director compensation authorized by Section 2.09. Such | ||||||
14 | additional compensation shall be on a documented per hour | ||||||
15 | worked basis at a rate set by the Board up to $150,000 annually | ||||||
16 | per Director. | ||||||
17 | (b) The responsibilities of the Transition Committee, | ||||||
18 | subject 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; |
| |||||||
| |||||||
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 | ||||||
14 | the 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. |
| |||||||
| |||||||
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 | ||||||
6 | Act 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
14 | bargaining rights. | ||||||
15 | (a) The provisions of this Section establish the | ||||||
16 | procedures to be followed by the Authority in dealing with | ||||||
17 | employees of the consolidated entities in carrying out the | ||||||
18 | consolidation and reorganization of public transportation | ||||||
19 | provided for in this Act and to provide fair and equitable | ||||||
20 | protection for those employees. | ||||||
21 | (b) On the effective date of this Act, all persons | ||||||
22 | employed by the consolidated entities shall become employees | ||||||
23 | of the Authority. | ||||||
24 | (c) The Authority shall assume and observe all applicable | ||||||
25 | collective bargaining and other agreements between the |
| |||||||
| |||||||
1 | consolidated entities and their employees in effect on the | ||||||
2 | effective date of this Act. | ||||||
3 | (d) The Authority shall assume all pension obligations of | ||||||
4 | the consolidated entities and the employees of the | ||||||
5 | consolidated entities who are members or beneficiaries of any | ||||||
6 | existing pension or retirement system and shall continue to | ||||||
7 | have the rights, privileges, obligations, and status with | ||||||
8 | respect to such system or systems as prescribed by law. | ||||||
9 | Employees shall be given sick leave, vacation, insurance, and | ||||||
10 | pension credits in accordance with the records or labor | ||||||
11 | agreements of the consolidated entities provided to an | ||||||
12 | employee under an ordinance adopted or a contract executed by | ||||||
13 | a consolidated entity. The Authority shall determine the | ||||||
14 | number of employees necessary to provide public transportation | ||||||
15 | services on a consolidated basis and to carry out the | ||||||
16 | functions of the Authority and shall determine fair and | ||||||
17 | equitable arrangements for the employees of the Authority who | ||||||
18 | are affected by actions provided for by this Act. | ||||||
19 | (e) If the Authority and an accredited representative of | ||||||
20 | the employees of a consolidated entity fail to agree on a | ||||||
21 | matter covered by a collective bargaining agreement and | ||||||
22 | related to the implementation of this Act, either party may | ||||||
23 | request the assistance of a mediator appointed by either the | ||||||
24 | State or Federal Mediation and Conciliation Service who shall | ||||||
25 | seek to resolve the dispute. If the dispute is not resolved by | ||||||
26 | mediation within a 21-day period, the mediator shall certify |
| |||||||
| |||||||
1 | to the parties that an impasse exists. Upon receipt of the | ||||||
2 | mediator's certificate, the parties shall submit the dispute | ||||||
3 | to arbitration by a board composed of 3 persons, one appointed | ||||||
4 | by the Authority, one appointed by the labor organization | ||||||
5 | representing the employees, and a third member to be agreed | ||||||
6 | upon by the labor organization and the Authority. The member | ||||||
7 | agreed upon by the labor organization and the Authority shall | ||||||
8 | act as chair of the board. The determination of the majority of | ||||||
9 | the board of arbitration thus established shall be final and | ||||||
10 | binding on all matters in dispute. If, after a period of 10 | ||||||
11 | days from the date of the appointment of the 2 arbitrators | ||||||
12 | representing the Authority and the labor organization, the | ||||||
13 | third arbitrator has not been selected, then either arbitrator | ||||||
14 | may request the American Arbitration Association to furnish | ||||||
15 | from the current listing of the membership of the National | ||||||
16 | Academy of Arbitrators the names of 7 members of the National | ||||||
17 | Academy. The arbitrators appointed by the Authority and the | ||||||
18 | labor organization shall determine, promptly after the receipt | ||||||
19 | of the list, by that order alternatively eliminate one name | ||||||
20 | until only one name remains. The remaining person on the list | ||||||
21 | shall be the third arbitrator. Each party shall pay an equal | ||||||
22 | proportionate share of the impartial arbitrator's fees and | ||||||
23 | expenses. | ||||||
24 | Article IV. POWERS |
| |||||||
| |||||||
1 | Section 4.01. Responsibility for public transportation. As | ||||||
2 | the provider of public transportation in the metropolitan | ||||||
3 | region, 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 |
| |||||||
| |||||||
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 | ||||||
18 | by this Act, the Authority shall have all powers necessary to | ||||||
19 | meet its responsibilities and to carry out its purposes, | ||||||
20 | including, 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | Transit-Supportive Development Act. | ||||||
2 | Section 4.03. Purchase of transit services. | ||||||
3 | (a) The Authority may provide public transportation by | ||||||
4 | purchasing public transportation services from transportation | ||||||
5 | agencies through purchase of service agreements or grants. | ||||||
6 | (b) The Authority may make grants to or enter into | ||||||
7 | purchase of service agreements with a transportation agency | ||||||
8 | for operating and other expenses, developing or planning | ||||||
9 | public transportation, or for constructing or acquiring public | ||||||
10 | transportation facilities, all upon such terms and conditions | ||||||
11 | as the Authority shall prescribe. | ||||||
12 | (c) The Board shall adopt guidelines setting forth uniform | ||||||
13 | standards for the making of grants and purchase of service | ||||||
14 | agreements. The grants or purchase of service agreements may | ||||||
15 | be for a number of years or duration as the parties shall | ||||||
16 | agree. | ||||||
17 | (d) A transportation agency providing public | ||||||
18 | transportation pursuant to a purchase of service or grant | ||||||
19 | agreement with the Authority is subject to the Illinois Human | ||||||
20 | Rights Act and the remedies and procedures established under | ||||||
21 | that Act. The transportation agency shall file an affirmative | ||||||
22 | action program with regard to public transportation so | ||||||
23 | provided with the Department of Human Rights within one year | ||||||
24 | of the purchase of service or grant agreement to ensure that | ||||||
25 | applicants are employed and that employees are treated during |
| |||||||
| |||||||
1 | employment without unlawful discrimination. The affirmative | ||||||
2 | action program shall include provisions relating to hiring, | ||||||
3 | upgrading, demotion, transfer, recruitment, recruitment | ||||||
4 | advertising, selection for training, and rates of pay or other | ||||||
5 | forms of compensation. Unlawful discrimination, as defined and | ||||||
6 | prohibited in the Illinois Human Rights Act, may not be made in | ||||||
7 | any term or aspect of employment, and discrimination based | ||||||
8 | upon political reasons or factors is prohibited. | ||||||
9 | (e) The Authority is not subject to the Public Utilities | ||||||
10 | Act. Transportation agencies that have any purchase of service | ||||||
11 | or grant agreement with the Authority are not subject to that | ||||||
12 | Act as to any public transportation that is the subject of a | ||||||
13 | purchase of service or grant agreement. | ||||||
14 | (f) A contract or agreement entered into by a | ||||||
15 | transportation agency with the Authority and discontinuation | ||||||
16 | of the contract or agreement by the Authority are not subject | ||||||
17 | to approval of or regulation by the Illinois Commerce | ||||||
18 | Commission. | ||||||
19 | (g) The Authority shall assume all costs of rights, | ||||||
20 | benefits, and protective conditions to which an employee is | ||||||
21 | entitled under this Act from a transportation agency if the | ||||||
22 | inability of the transportation agency to meet its obligations | ||||||
23 | in relation thereto due to bankruptcy or insolvency, provided | ||||||
24 | that the Authority shall retain the right to proceed against | ||||||
25 | the bankrupt or insolvent transportation agency or its | ||||||
26 | successors, trustees, assigns or debtors for the costs |
| |||||||
| |||||||
1 | assumed. The Authority may mitigate its liability under this | ||||||
2 | subsection and under Section 2.11 to the extent of employment | ||||||
3 | and employment benefits which it tenders. | ||||||
4 | Section 4.04. Paratransit services. | ||||||
5 | (a) As used in this Section, "ADA paratransit services" | ||||||
6 | means those comparable or specialized transportation services | ||||||
7 | provided to individuals with disabilities who are unable to | ||||||
8 | use fixed-route transportation systems and who are determined | ||||||
9 | to be eligible, for some or all of their trips, for such | ||||||
10 | services under the Americans with Disabilities Act of 1990 and | ||||||
11 | its implementing regulations. | ||||||
12 | (b) The Authority is responsible for the funding, | ||||||
13 | financial review, and oversight of all ADA paratransit | ||||||
14 | services that are provided by the Authority or by any | ||||||
15 | transportation agency. | ||||||
16 | (c) The Authority shall develop plans for the provision of | ||||||
17 | ADA paratransit services and submit the plans to the Federal | ||||||
18 | Transit Administration for approval. The Authority shall | ||||||
19 | comply with the requirements of the Americans with | ||||||
20 | Disabilities Act of 1990 and its implementing regulations in | ||||||
21 | developing and approving the plans, including, without | ||||||
22 | limitation, consulting with individuals with disabilities and | ||||||
23 | groups representing them in the community and providing | ||||||
24 | adequate opportunity for public comment and public hearings. | ||||||
25 | The plans shall also include, without limitation, provisions |
| |||||||
| |||||||
1 | to: | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
19 | paratransit services plans developed pursuant to subsection | ||||||
20 | (c), or certifications of continued compliance in lieu of plan | ||||||
21 | updates, that are required to be provided to the Federal | ||||||
22 | Transit Administration shall be developed by the Authority and | ||||||
23 | the Authority shall submit the revision, update, or | ||||||
24 | certification to the Federal Transit Administration for | ||||||
25 | approval. | ||||||
26 | (e) The Department of Transportation, the Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services, and the Authority shall enter | ||||||
2 | into intergovernmental agreements as may be necessary to | ||||||
3 | provide funding and accountability for, and implementation of, | ||||||
4 | the requirements of this Section. | ||||||
5 | (f) In conjunction with its adoption of its Strategic | ||||||
6 | Plan, the Authority shall develop and submit to the General | ||||||
7 | Assembly and the Governor a funding plan for ADA paratransit | ||||||
8 | services. The funding plan shall, at a minimum, contain an | ||||||
9 | analysis of the current costs of providing ADA paratransit | ||||||
10 | services, projections of the long-term costs of providing ADA | ||||||
11 | paratransit services, identification of and recommendations | ||||||
12 | for possible cost efficiencies in providing ADA paratransit | ||||||
13 | services, and identification of and recommendations for | ||||||
14 | possible funding sources for providing ADA paratransit | ||||||
15 | services. The Department of Transportation, the Department of | ||||||
16 | Healthcare and Family Services, and other State and local | ||||||
17 | public agencies, as appropriate, shall cooperate with the | ||||||
18 | Authority in the preparation of the funding plan. | ||||||
19 | (g) Any funds derived from the federal Medicaid program | ||||||
20 | for reimbursement of the costs of providing ADA paratransit | ||||||
21 | services within the metropolitan region shall be directed to | ||||||
22 | the Authority and shall be used to pay for or reimburse the | ||||||
23 | costs 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 |
| |||||||
| |||||||
1 | and charges for public transportation services in the | ||||||
2 | metropolitan region, including public transportation provided | ||||||
3 | by transportation agencies pursuant to purchase of service or | ||||||
4 | grant agreements with the Authority, and for establishing the | ||||||
5 | nature and standards of public transportation to be so | ||||||
6 | provided in accordance with the Strategic Plan and Service | ||||||
7 | Standards. | ||||||
8 | (b) The Authority shall develop and implement a regionally | ||||||
9 | coordinated and consolidated fare collection system. | ||||||
10 | (c) Whenever the Authority provides any public | ||||||
11 | transportation pursuant to grants to transportation agencies | ||||||
12 | for operating expenses, other than with regard to experimental | ||||||
13 | programs, or pursuant to any purchase of service agreement, | ||||||
14 | the purchase of service or grant agreements shall provide for | ||||||
15 | the level and nature of fares or charges to be made for such | ||||||
16 | services and the nature and standards of public transportation | ||||||
17 | to be so provided. | ||||||
18 | (d) In so providing for the fares or charges and the nature | ||||||
19 | and standards of public transportation, any purchase of | ||||||
20 | service or grant agreements shall provide, among other | ||||||
21 | matters, for the terms and cost of transfers or | ||||||
22 | interconnections between different modes of transportation and | ||||||
23 | different public transportation providers. | ||||||
24 | (e) At least once every 2 years, the Authority shall | ||||||
25 | assess the need to make fare adjustments in light of | ||||||
26 | inflation, budgetary needs, and other relevant policy |
| |||||||
| |||||||
1 | considerations. The Board shall, by ordinance, retain the | ||||||
2 | existing fare structure or adopt a revised fare structure. The | ||||||
3 | Authority shall take reasonable steps to get public input as | ||||||
4 | part of its assessment, and the Board shall conduct a public | ||||||
5 | hearing before adopting its fare structure ordinance. | ||||||
6 | (f) By no later than 2 years after the effective date of | ||||||
7 | this 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 | ||||||
12 | by riders a universal fare instrument that may be used | ||||||
13 | interchangeably on all public transportation funded by the | ||||||
14 | Authority. | ||||||
15 | Section 4.06. Use of streets and roads. | ||||||
16 | (a) The Authority may, by ordinance, provide for special | ||||||
17 | lanes for exclusive or special use by public transportation | ||||||
18 | vehicles with regard to any roads, streets, ways, highways, | ||||||
19 | bridges, toll highways, or toll bridges in the metropolitan | ||||||
20 | region, notwithstanding any other law, ordinance, or | ||||||
21 | regulation to the contrary. | ||||||
22 | (b) The Authority may use and, by ordinance, authorize a | ||||||
23 | transportation agency to use without any franchise, charge, | ||||||
24 | permit, or license any public road, street, way, highway, | ||||||
25 | bridge, toll highway, or toll bridge within the metropolitan |
| |||||||
| |||||||
1 | region for the provision of public transportation. | ||||||
2 | Transportation agencies that have purchase of service or grant | ||||||
3 | agreements with the Authority as to any public transportation | ||||||
4 | are not, as to any aspect of the public transportation, | ||||||
5 | subject to any supervision, licensing, or regulation imposed | ||||||
6 | by a unit of local government in the metropolitan region, | ||||||
7 | except as may be specifically authorized by the Authority and | ||||||
8 | except for regular police supervision of vehicular traffic. | ||||||
9 | Section 4.07. Bus rapid transit and related technologies. | ||||||
10 | To improve public transportation service in the metropolitan | ||||||
11 | region, the Authority shall accelerate the implementation of | ||||||
12 | bus rapid transit services using the expressway, tollway, and | ||||||
13 | other roadway systems in the metropolitan region. The | ||||||
14 | Department of Transportation and the Illinois State Toll | ||||||
15 | Highway Authority shall collaborate with the Authority in the | ||||||
16 | implementation of bus rapid transit services. The Authority, | ||||||
17 | in cooperation with the Department of Transportation and the | ||||||
18 | Illinois State Toll Highway Authority, shall evaluate and | ||||||
19 | refine approaches to bus rapid transit operations and shall | ||||||
20 | investigate technology options that facilitate the shared use | ||||||
21 | of the bus rapid transit lanes and provide revenue for | ||||||
22 | financing construction and operation of public transportation | ||||||
23 | facilities. The Authority shall also research, evaluate, and, | ||||||
24 | where appropriate, implement vehicle, infrastructure, | ||||||
25 | intelligent transportation systems, and other technologies to |
| |||||||
| |||||||
1 | improve the quality and safety of public transportation on | ||||||
2 | roadway systems in the metropolitan region. | ||||||
3 | Section 4.08. Coordination with the Department of | ||||||
4 | Transportation. | ||||||
5 | (a) The Authority shall promptly review the Department of | ||||||
6 | Transportation's plans under Section 2705-594 of the | ||||||
7 | Department of Transportation Law of the Civil Administrative | ||||||
8 | Code of Illinois and provide the Department with | ||||||
9 | recommendations for any needed modifications to enhance the | ||||||
10 | operation and safety of public transportation on the highway. | ||||||
11 | The Department shall review the recommendations and respond to | ||||||
12 | the Authority's comments as set forth in that Section. | ||||||
13 | (b) The Department and the Authority shall jointly develop | ||||||
14 | and publish on their websites guidelines, timetables, and best | ||||||
15 | practices for how they will advance highway designs and | ||||||
16 | operations on highways under the Department's jurisdiction in | ||||||
17 | the metropolitan region to optimize the efficacy, safety, and | ||||||
18 | attractiveness of public transportation on such highways. | ||||||
19 | Section 4.09. Eminent domain. | ||||||
20 | (a) The Authority may take and acquire possession by | ||||||
21 | eminent domain of any property or interest in property which | ||||||
22 | the Authority may acquire under this Act. The power of eminent | ||||||
23 | domain may be exercised by ordinance of the Authority and | ||||||
24 | shall extend to all types of interests in property, both real |
| |||||||
| |||||||
1 | and personal, including, without limitation, easements for | ||||||
2 | access purposes to and rights of concurrent usage of existing | ||||||
3 | or planned public transportation facilities, whether the | ||||||
4 | property is public property or is devoted to public use and | ||||||
5 | whether the property is owned or held by a public | ||||||
6 | transportation agency, except as specifically limited by this | ||||||
7 | Act. | ||||||
8 | (b) The Authority shall exercise the power of eminent | ||||||
9 | domain granted in this Section in the manner provided for the | ||||||
10 | exercise of the right of eminent domain under the Eminent | ||||||
11 | Domain Act, except that the Authority may not exercise | ||||||
12 | quick-take authority provided in Article 20 of the Eminent | ||||||
13 | Domain Act providing for immediate possession in such | ||||||
14 | proceedings and except that those provisions of Section | ||||||
15 | 10-5-10 of the Eminent Domain Act requiring prior approval of | ||||||
16 | the Illinois Commerce Commission in certain instances shall | ||||||
17 | apply to eminent domain proceedings by the Authority only as | ||||||
18 | to any taking or damaging by the Authority of any real property | ||||||
19 | of a railroad not used for public transportation or of any real | ||||||
20 | property of other public utilities. | ||||||
21 | (c) The Authority may exercise the right of eminent domain | ||||||
22 | to acquire public property with the approval of the Board. In a | ||||||
23 | proceeding for the taking of public property by the Authority | ||||||
24 | through the exercise of the power of eminent domain, the venue | ||||||
25 | shall be in the circuit court of the county in which the | ||||||
26 | property is located. The right of eminent domain may be |
| |||||||
| |||||||
1 | exercised over property used for public park purposes, for | ||||||
2 | State forest purposes, or for forest preserve purposes with | ||||||
3 | the approval of the Board, after public hearing and a written | ||||||
4 | study done for the Authority, that such taking is necessary to | ||||||
5 | accomplish the purposes of this Act, that no feasible | ||||||
6 | alternatives to such taking exist, and that the advantages to | ||||||
7 | the public from such taking exceed the disadvantages to the | ||||||
8 | public of doing so. In a proceeding for the exercise of the | ||||||
9 | right of eminent domain for the taking by the Authority of | ||||||
10 | property used for public park, State forest, or forest | ||||||
11 | preserve purposes, the court shall not order the taking of | ||||||
12 | such property unless it has reviewed and concurred in the | ||||||
13 | findings required of the Authority by this paragraph. Property | ||||||
14 | dedicated as a nature preserve pursuant to the Illinois | ||||||
15 | Natural Areas Preservation Act may not be acquired by eminent | ||||||
16 | domain by the Authority. | ||||||
17 | (d) The acquisition by the Authority by eminent domain of | ||||||
18 | any property is not subject to the approval of or regulation by | ||||||
19 | the Illinois Commerce Commission, except that any requirement | ||||||
20 | in Section 10-5-10 of the Eminent Domain Act requiring in | ||||||
21 | certain instances prior approval of the Illinois Commerce | ||||||
22 | Commission for taking or damaging of property of railroads or | ||||||
23 | other public utilities shall continue to apply as to any | ||||||
24 | taking or damaging by the Authority of any real property of | ||||||
25 | such a railroad not used for public transportation or of any | ||||||
26 | real property of such other public utility. |
| |||||||
| |||||||
1 | (e) Notwithstanding any other provision of this Act, any | ||||||
2 | power granted under this Act to acquire property by | ||||||
3 | condemnation or eminent domain is subject to, and shall be | ||||||
4 | exercised in accordance with, the Eminent Domain Act. | ||||||
5 | (f) This Act does not exempt the Authority from complying | ||||||
6 | with land use regulations applicable to the property the | ||||||
7 | Authority acquires through condemnation or eminent domain. | ||||||
8 | Section 4.10. Acquisitions. | ||||||
9 | (a) The Authority may acquire any public transportation | ||||||
10 | facility for its use or for use by a transportation agency and | ||||||
11 | may acquire any such facilities from a transportation agency, | ||||||
12 | including, without limitation, reserve funds, employees' | ||||||
13 | pension or retirement funds, special funds, franchises, | ||||||
14 | licenses, patents, permits and papers, documents, and records | ||||||
15 | of the transportation agency. | ||||||
16 | (b) In connection with an acquisition under subsection (a) | ||||||
17 | from a transportation agency, the Authority may assume | ||||||
18 | obligations of the transportation agency with regard to such | ||||||
19 | facilities or property or public transportation operations of | ||||||
20 | such agency. | ||||||
21 | (c) In each case in which this Act gives the Authority the | ||||||
22 | power to construct or acquire real or personal property, the | ||||||
23 | Authority may acquire such property by contract, purchase, | ||||||
24 | gift, grant, exchange for other property or rights in | ||||||
25 | property, lease, sublease, or installment or conditional |
| |||||||
| |||||||
1 | purchase contracts. A lease or contract may provide for | ||||||
2 | consideration to be paid in annual installments during a | ||||||
3 | period not exceeding 40 years. Property may be acquired | ||||||
4 | subject to such conditions, restrictions, liens, or security | ||||||
5 | or other interests of other parties as the Authority deems | ||||||
6 | appropriate, and, in each case, the Authority may acquire a | ||||||
7 | joint, leasehold, easement, license, or other partial interest | ||||||
8 | in such property. Any such acquisition may provide for the | ||||||
9 | assumption of, or agreement to pay, perform, or discharge | ||||||
10 | outstanding or continuing duties, obligations, or liabilities | ||||||
11 | of the seller, lessor, donor, or other transferor of or of the | ||||||
12 | trustee with regard to such property. | ||||||
13 | (d) In connection with the acquisition of public | ||||||
14 | transportation equipment, including, but not limited to, | ||||||
15 | rolling stock, vehicles, locomotives, buses, or rapid transit | ||||||
16 | equipment, the Authority may also execute agreements | ||||||
17 | concerning such equipment leases, equipment trust | ||||||
18 | certificates, conditional purchase agreements, and other | ||||||
19 | security agreements and may make such agreements and covenants | ||||||
20 | as required in the form customarily used in such cases | ||||||
21 | appropriate to effect such acquisition. | ||||||
22 | (e) Obligations of the Authority incurred pursuant to this | ||||||
23 | Section shall not be considered bonds or notes within the | ||||||
24 | meaning of Section 6.05. | ||||||
25 | Section 4.11. Public bidding. |
| |||||||
| |||||||
1 | (a) The Board shall adopt rules to ensure that the | ||||||
2 | acquisition by the Authority of services or public | ||||||
3 | transportation facilities, other than real estate, involving a | ||||||
4 | cost of more than the small purchase threshold set by the | ||||||
5 | Federal Transit Administration and the disposition of all | ||||||
6 | property of the Authority shall be after public notice and | ||||||
7 | with public bidding. | ||||||
8 | (b) The Board shall adopt rules to ensure that the | ||||||
9 | construction, demolition, rehabilitation, renovation, and | ||||||
10 | building maintenance projects by the Authority for services or | ||||||
11 | public transportation facilities involving a cost of more than | ||||||
12 | $40,000 or such other amount set by the Board by ordinance | ||||||
13 | shall be after public notice and with public bidding. The | ||||||
14 | ordinance may provide exceptions to such requirements for | ||||||
15 | acquisition of repair parts, accessories, equipment, or | ||||||
16 | services previously furnished or contracted for; for the | ||||||
17 | immediate delivery of supplies, material, or equipment or | ||||||
18 | performance of service when it is determined by the | ||||||
19 | concurrence of a majority of the then Directors that an | ||||||
20 | emergency requires immediate delivery or supply thereof; for | ||||||
21 | goods or services that are economically procurable from only | ||||||
22 | one source; for contracts for the maintenance or servicing of | ||||||
23 | equipment which are made with the manufacturers or authorized | ||||||
24 | service agent of that equipment where the maintenance or | ||||||
25 | servicing can best be performed by the manufacturer or | ||||||
26 | authorized service agent or such a contract would be otherwise |
| |||||||
| |||||||
1 | advantageous to the Authority, except that the exceptions in | ||||||
2 | this clause shall not apply to contracts for plumbing, | ||||||
3 | heating, piping, refrigeration, and automatic temperature | ||||||
4 | control systems, ventilating, and distribution systems for | ||||||
5 | conditioned air, and electrical wiring; for goods or services | ||||||
6 | procured from another governmental agency; for purchases and | ||||||
7 | contracts for the use or purchase of data processing equipment | ||||||
8 | and data processing systems software; for the acquisition of | ||||||
9 | professional or utility services; and for the acquisition of | ||||||
10 | public transportation equipment, including, but not limited | ||||||
11 | to, rolling stock, locomotives, and buses if: (i) it is | ||||||
12 | determined by the Directors that a negotiated acquisition | ||||||
13 | offers opportunities with respect to the cost or financing of | ||||||
14 | the equipment, its delivery, or the performance of a portion | ||||||
15 | of the work within the State or the use of goods produced or | ||||||
16 | services provided within the State; (ii) a notice of intention | ||||||
17 | to negotiate for the acquisition of such public transportation | ||||||
18 | equipment is published in a newspaper of general circulation | ||||||
19 | within the metropolitan region inviting proposals from | ||||||
20 | qualified vendors; and (iii) any contract with respect to such | ||||||
21 | acquisition is authorized by the Directors. | ||||||
22 | (c) The requirements set forth in this Section do not | ||||||
23 | apply to purchase of service or grant agreements or other | ||||||
24 | contracts, purchases, or sales entered into by the Authority | ||||||
25 | with any transportation agency or unit of local government. | ||||||
26 | (d) The Authority may use a 2-phase design-build selection |
| |||||||
| |||||||
1 | procedure 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, | ||||||
16 | or other activity undertaken by or for the Authority or | ||||||
17 | pursuant to any purchase of service or grant agreement with | ||||||
18 | the Authority, a facility of a public utility, as defined in | ||||||
19 | the Public Utilities Act, is removed or relocated from its | ||||||
20 | then-existing site, all costs and expenses of such relocation | ||||||
21 | or removal, including the cost of installing such facilities | ||||||
22 | in a new location or locations, and the cost of any land or | ||||||
23 | lands, interest in land, or any rights required to accomplish | ||||||
24 | such relocation or removal, shall be paid by the Authority. If | ||||||
25 | any such facilities are so relocated onto the properties of | ||||||
26 | the Authority or onto properties made available for that |
| |||||||
| |||||||
1 | purpose by the Authority, there shall be no rent, fee, or other | ||||||
2 | charge of any kind imposed upon the public utility owning or | ||||||
3 | operating such facilities in excess of that imposed prior to | ||||||
4 | such relocation and such public utility, and its successors | ||||||
5 | and assigns, and the public utility shall be granted the right | ||||||
6 | to operate such facilities in the new location or locations | ||||||
7 | for as long a period and upon the same terms and conditions as | ||||||
8 | it had the right to maintain and operate such facilities in | ||||||
9 | their former location. Nothing in this subsection shall | ||||||
10 | prevent the Authority and a transportation agency from | ||||||
11 | agreeing in a purchase of service agreement or otherwise to | ||||||
12 | make different arrangements for such relocations or the costs | ||||||
13 | thereof. | ||||||
14 | Section 4.13. Appointment of officers and employees. | ||||||
15 | (a) The Authority may appoint, retain, and employ | ||||||
16 | officers, attorneys, agents, engineers, and employees. The | ||||||
17 | officers shall include an Executive Director, who shall be the | ||||||
18 | chief executive officer of the Authority, appointed by the | ||||||
19 | Chair with the concurrence of the Board. | ||||||
20 | (b) The Executive Director must be an individual of proven | ||||||
21 | transportation and management skills and may not be a member | ||||||
22 | of the Board, except as provided in subsection (d) of Section | ||||||
23 | 2.07. | ||||||
24 | (c) The Executive Director shall hire and organize the | ||||||
25 | staff of the Authority, shall allocate their functions and |
| |||||||
| |||||||
1 | duties, shall fix compensation and conditions of employment of | ||||||
2 | the staff of the Authority, and, consistent with the policies | ||||||
3 | of and direction from the Board, take all actions necessary to | ||||||
4 | achieve the Executive Director's purposes, fulfill the | ||||||
5 | Executive Director's responsibilities, and carry out the | ||||||
6 | Executive Director's powers. The Executive Director shall have | ||||||
7 | such other powers and responsibilities as the Board shall | ||||||
8 | determine. | ||||||
9 | (d) The Authority may employ its own professional | ||||||
10 | management personnel to provide professional and technical | ||||||
11 | expertise concerning its purposes and powers and to assist it | ||||||
12 | in assessing the performance of the Authority and the | ||||||
13 | transportation agencies in the metropolitan region. | ||||||
14 | (e) No employee, officer, or agent of the Authority may | ||||||
15 | receive a bonus that exceeds 10% of the employee's, officer's, | ||||||
16 | or agent's annual salary unless the Board has approved that | ||||||
17 | bonus. This subsection does not apply to usual and customary | ||||||
18 | salary adjustments or payments made under performance-based | ||||||
19 | compensation plans adopted pursuant to Section 5.04. | ||||||
20 | (f) Unlawful discrimination, as defined and prohibited in | ||||||
21 | the Illinois Human Rights Act, shall not be made in any term or | ||||||
22 | aspect of employment and there may not be discrimination based | ||||||
23 | upon political reasons or factors. The Authority shall | ||||||
24 | establish regulations to ensure that its discharges shall not | ||||||
25 | be arbitrary and that hiring and promotion are based on merit. | ||||||
26 | (g) The Authority is subject to the Illinois Human Rights |
| |||||||
| |||||||
1 | Act and the remedies and procedures established under that | ||||||
2 | Act. The Authority shall file an affirmative action program | ||||||
3 | for employment by it with the Department of Human Rights to | ||||||
4 | ensure that applicants are employed and that employees are | ||||||
5 | treated during employment, without regard to unlawful | ||||||
6 | discrimination. Such affirmative action program shall include | ||||||
7 | provisions relating to hiring, upgrading, demotion, transfer, | ||||||
8 | recruitment, recruitment advertising, selection for training, | ||||||
9 | and rates of pay or other forms of compensation. | ||||||
10 | Section 4.14. Policy with respect to protective | ||||||
11 | arrangements, collective bargaining, and labor relations. | ||||||
12 | (a) The Authority shall ensure that every employee of the | ||||||
13 | Authority or a transportation agency shall receive fair and | ||||||
14 | equitable protection against actions of the Authority, which | ||||||
15 | shall not be less than those established pursuant to Section | ||||||
16 | 13(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 | ||||||
18 | Service Act of 1970, as amended (45 U.S.C. 565(b)), and as | ||||||
19 | prescribed by the United States Secretary of Labor under those | ||||||
20 | Acts at the time of the protective agreement or arbitration | ||||||
21 | decision providing protection. | ||||||
22 | (b) There shall be no limitation on freedom of association | ||||||
23 | among employees of the Authority nor any denial of the right of | ||||||
24 | employees to join or support a labor organization and to | ||||||
25 | bargain collectively through representatives of their own |
| |||||||
| |||||||
1 | choosing. | ||||||
2 | (c) The Authority and the duly accredited representatives | ||||||
3 | of employees shall have the obligation to bargain collectively | ||||||
4 | in good faith, and the Authority shall enter into written | ||||||
5 | collective bargaining agreements with such representatives. | ||||||
6 | (d) As used in this Section, "actions of the Authority" | ||||||
7 | includes the Authority's acquisition and operation of public | ||||||
8 | transportation facilities, the execution of purchase of | ||||||
9 | service and grant agreements made under this Act and the | ||||||
10 | coordination, reorganization, combining, leasing, merging of | ||||||
11 | operations, or the expansion or curtailment of public | ||||||
12 | transportation services or facilities by the Authority. | ||||||
13 | "Actions of the Authority" does not include a failure or | ||||||
14 | refusal to enter into a purchase of service or grant | ||||||
15 | agreement. | ||||||
16 | Section 4.15. Employee protection. The Authority shall | ||||||
17 | negotiate or arrange for the negotiation of such fair and | ||||||
18 | equitable employee arrangements with the employees, through | ||||||
19 | their accredited representatives authorized to act for them. | ||||||
20 | If agreement cannot be reached on the terms of such protective | ||||||
21 | arrangement, any party may submit any matter in dispute to | ||||||
22 | arbitration. In such arbitration, each party shall have the | ||||||
23 | right to select nonvoting arbitration board members. The | ||||||
24 | impartial arbitrator shall be selected by the American | ||||||
25 | Arbitration Association and appointed from a current listing |
| |||||||
| |||||||
1 | of the membership of the National Academy of Arbitrators, upon | ||||||
2 | request of any party. The impartial arbitrator's decision | ||||||
3 | shall be final and binding on all parties. Each party shall pay | ||||||
4 | an equal proportionate share of the impartial arbitrator's | ||||||
5 | fees and expenses. | ||||||
6 | Section 4.16. Employee pensions. The Authority may | ||||||
7 | establish and maintain systems of pensions and retirement | ||||||
8 | benefits for officers and employees of the Authority as may be | ||||||
9 | designated or described by ordinance of the Authority; may fix | ||||||
10 | the classifications of the systems of pensions and retirement; | ||||||
11 | may take such steps as may be necessary to provide that persons | ||||||
12 | eligible for admission to the pension systems as officers and | ||||||
13 | employees of the Authority or of a transportation agency whose | ||||||
14 | operations are financed in whole or in part by the Authority, | ||||||
15 | including that the officers and employees shall retain | ||||||
16 | eligibility for admission to or continued coverage and | ||||||
17 | participation under Title II of the federal Social Security | ||||||
18 | Act, as amended, and the related provisions of the Federal | ||||||
19 | Insurance Contributions Act, as amended, the federal Railroad | ||||||
20 | Retirement Act, as amended, and the Railroad Retirement Tax | ||||||
21 | Act, as amended, as the case may be; and may provide, in | ||||||
22 | connection with the pension systems, a system of benefits | ||||||
23 | payable to the beneficiaries and dependents of a participant | ||||||
24 | in the pension systems after the death of the participant, | ||||||
25 | whether accidental or otherwise, whether occurring in the |
| |||||||
| |||||||
1 | actual performance of duty or otherwise, or both, subject to | ||||||
2 | exceptions, conditions, restrictions, and classifications as | ||||||
3 | may be provided by ordinance of the Authority. The pension | ||||||
4 | systems shall be financed or funded by means and in a manner as | ||||||
5 | may be determined by the Authority to be economically | ||||||
6 | feasible. | ||||||
7 | Section 4.17. Labor contracts. | ||||||
8 | (a) The Authority shall deal with and enter into written | ||||||
9 | contracts with employees of the Authority through accredited | ||||||
10 | representatives of the employees authorized to act for the | ||||||
11 | employees concerning wages, salaries, hours, working | ||||||
12 | conditions, and pension or retirement provisions. However, | ||||||
13 | nothing in this Act shall be construed to permit hours of labor | ||||||
14 | in excess of those prohibited by law or to permit working | ||||||
15 | conditions prohibited by law. | ||||||
16 | (b) If the Authority acquires the public transportation | ||||||
17 | facilities of a transportation agency and operates such | ||||||
18 | facilities, all employees actively engaged in the operation of | ||||||
19 | the facilities shall be transferred to and appointed as | ||||||
20 | employees of the Authority, subject to all the rights and | ||||||
21 | benefits of Sections 4.14 through 4.18, and the Authority | ||||||
22 | shall assume and observe all applicable labor contracts and | ||||||
23 | pension obligations. These employees shall be given seniority | ||||||
24 | credit and sick leave, vacation, insurance, and pension | ||||||
25 | credits in accordance with the records or labor agreements |
| |||||||
| |||||||
1 | from the acquired transportation system. Members and | ||||||
2 | beneficiaries of any pension or retirement system or other | ||||||
3 | benefits established by the acquired transportation system | ||||||
4 | shall continue to have rights, privileges, benefits, | ||||||
5 | obligations, and status with respect to the established | ||||||
6 | retirement or retirement system. The Authority shall assume | ||||||
7 | the obligations of any transportation system acquired by it | ||||||
8 | with regard to wages, salaries, hours, working conditions, | ||||||
9 | sick leave, health and welfare, and pension or retirement | ||||||
10 | provisions for these employees. The Authority and the | ||||||
11 | employees, through their representatives for collective | ||||||
12 | bargaining purposes, shall take whatever action may be | ||||||
13 | necessary to have pension trust funds presently under the | ||||||
14 | joint control of such transportation agency and the | ||||||
15 | participating employees through their representatives | ||||||
16 | transferred to the trust funds to be established, maintained, | ||||||
17 | and administered jointly by the Authority and the | ||||||
18 | participating employees through their representatives. | ||||||
19 | (c) If the Authority takes any of the actions specified in | ||||||
20 | subsection (d) of Section 4.14, it shall do so only after | ||||||
21 | meeting the requirements of subsection (a) of Section 4.14 and | ||||||
22 | Section 4.15. If the Authority acquires and operates the | ||||||
23 | public transportation facilities of a transportation agency | ||||||
24 | engaged in the transportation of persons by railroad, it shall | ||||||
25 | do so only in such manner as to ensure the continued | ||||||
26 | applicability to the railroad employees affected thereby of |
| |||||||
| |||||||
1 | the provisions of all federal statutes then applicable to them | ||||||
2 | and a continuation of their existing collective bargaining | ||||||
3 | agreements until the provisions of said agreements can be | ||||||
4 | renegotiated by representatives of the Authority and the | ||||||
5 | representatives of said employees duly designated as such | ||||||
6 | pursuant to the terms and provisions of the Railway Labor Act, | ||||||
7 | as amended (45 U.S.C. 151 et seq.). However, nothing in this | ||||||
8 | subsection shall prevent the abandonment of such facilities, | ||||||
9 | the discontinuance of such operations pursuant to applicable | ||||||
10 | law, or the substitution of other operations or facilities for | ||||||
11 | such operations or facilities, whether by merger, | ||||||
12 | consolidation, coordination, or otherwise. If new or | ||||||
13 | supplemental operations or facilities are substituted | ||||||
14 | therefore, the provisions of Section 4.18 shall be applicable, | ||||||
15 | and all questions concerning the selection of forces to | ||||||
16 | perform the work of such new or supplemental facilities or | ||||||
17 | operations and whether the Authority shall be required to | ||||||
18 | ensure the continued applicability of the federal statutes | ||||||
19 | applicable to such employees shall be negotiated and, if | ||||||
20 | necessary, arbitrated, in accordance with subsection (a) of | ||||||
21 | Section 4.18. | ||||||
22 | Section 4.18. Labor relations procedures. | ||||||
23 | (a) If the Authority proposes to operate or to enter into a | ||||||
24 | contract to operate any new public transportation facility | ||||||
25 | which may result in the displacement of employees or the |
| |||||||
| |||||||
1 | rearrangement of the working forces of the Authority or of a | ||||||
2 | transportation agency, the Authority shall give at least 90 | ||||||
3 | days' written notice of such proposed operations to the | ||||||
4 | representatives of the employees affected, and the Authority | ||||||
5 | shall provide for the selection of forces to perform the work | ||||||
6 | of that facility on the basis of agreement between the | ||||||
7 | Authority and the representatives of such employees. If there | ||||||
8 | is a failure to agree, the dispute may be submitted by the | ||||||
9 | Authority or by any representative of the employees affected | ||||||
10 | to final and binding arbitration by an impartial arbitrator to | ||||||
11 | be selected by the American Arbitration Association from a | ||||||
12 | current listing of arbitrators of the National Academy of | ||||||
13 | Arbitrators. | ||||||
14 | (b) If there is a labor dispute not otherwise governed by | ||||||
15 | this Act, by the Labor Management Relations Act of 1947, as | ||||||
16 | amended, by the Railway Labor Act, as amended, or by impasse | ||||||
17 | resolution provisions in a collective bargaining or protective | ||||||
18 | agreement involving the Authority or any transportation agency | ||||||
19 | financed, in whole or in part, by the Authority and the | ||||||
20 | employees of the Authority or of any such transportation | ||||||
21 | agency that is not settled by the parties thereto within 30 | ||||||
22 | days from the date of commencement of negotiations, either | ||||||
23 | party may request the assistance of a mediator appointed by | ||||||
24 | either the State or Federal Mediation and Conciliation | ||||||
25 | Service, who shall seek to resolve the dispute. If the dispute | ||||||
26 | is not resolved by mediation within a reasonable period, the |
| |||||||
| |||||||
1 | mediator shall certify to the parties that an impasse exists. | ||||||
2 | Upon receipt of the mediator's certification, any party to the | ||||||
3 | dispute may, within 7 days, submit the dispute to a | ||||||
4 | fact-finder who shall be selected by the parties pursuant to | ||||||
5 | the rules of the American Arbitration Association from a | ||||||
6 | current listing of members of the National Academy of | ||||||
7 | Arbitrators supplied by the American Arbitration Association. | ||||||
8 | The fact-finder shall have the duty to hold hearings, or | ||||||
9 | otherwise take evidence from the parties under such other | ||||||
10 | arrangements as they may agree. Upon completion of the | ||||||
11 | parties' submissions, the fact-finder may issue and make | ||||||
12 | public findings and recommendations or refer the dispute back | ||||||
13 | to the parties for such other appropriate action as the | ||||||
14 | fact-finder may recommend. If the parties do not reach | ||||||
15 | agreement after the issuance of the fact-finder's report and | ||||||
16 | recommendations, or, in cases where neither party requests | ||||||
17 | fact-finding, the Authority shall offer to submit the dispute | ||||||
18 | to arbitration by a board composed of 3 persons, one appointed | ||||||
19 | by the Authority, one appointed by the labor organization | ||||||
20 | representing the employees, and a third member to be agreed | ||||||
21 | upon by the labor organization and the Authority. The member | ||||||
22 | agreed upon by the labor organization and the Authority shall | ||||||
23 | act as Chair of the board. The determination of the majority of | ||||||
24 | the board of arbitration thus established shall be final and | ||||||
25 | binding on all matters in dispute. If, after a period of 10 | ||||||
26 | days from the date of the appointment of the 2 arbitrators |
| |||||||
| |||||||
1 | representing the Authority and the labor organization, the | ||||||
2 | third arbitrator has not been selected, then either arbitrator | ||||||
3 | may request the American Arbitration Association to furnish | ||||||
4 | from a current listing of the membership of the National | ||||||
5 | Academy of Arbitrators the names of 7 such members of the | ||||||
6 | National Academy from which the third arbitrator shall be | ||||||
7 | selected. The arbitrators appointed by the Authority and the | ||||||
8 | labor organization, promptly after the receipt of such list, | ||||||
9 | shall determine by lot the order of elimination, and, | ||||||
10 | thereafter, each shall in that order alternately eliminate one | ||||||
11 | name until only one name remains. The remaining person on the | ||||||
12 | list shall be the third arbitrator. Each party shall pay | ||||||
13 | one-half of the expenses of such arbitration. | ||||||
14 | As used in this subsection, "labor dispute" shall be | ||||||
15 | broadly construed and shall include any controversy concerning | ||||||
16 | wages, salaries, hours, working conditions, or benefits, | ||||||
17 | including health and welfare, sick leave, insurance, or | ||||||
18 | pension or retirement provisions, but not limited thereto. | ||||||
19 | "Labor dispute" includes any controversy concerning any | ||||||
20 | differences or questions that may arise between the parties, | ||||||
21 | including, but not limited to, the making or maintaining of | ||||||
22 | collective bargaining agreements, the terms to be included in | ||||||
23 | such agreements, and the interpretation or application of such | ||||||
24 | collective bargaining agreements and any grievance that may | ||||||
25 | arise. |
| |||||||
| |||||||
1 | Section 4.19. Workforce development. | ||||||
2 | (a) The Authority shall create or partner with a youth | ||||||
3 | jobs program to provide internship or employment opportunities | ||||||
4 | to youth and young adults to prepare them for careers in public | ||||||
5 | transportation. | ||||||
6 | (b) The Authority may participate in and provide funding | ||||||
7 | support for programs that prepare participants for careers in | ||||||
8 | public transportation. | ||||||
9 | Section 4.20. Disadvantaged business enterprise | ||||||
10 | contracting and equal employment opportunity programs. | ||||||
11 | (a) The Authority shall establish and maintain a | ||||||
12 | disadvantaged business enterprise contracting program designed | ||||||
13 | to ensure nondiscrimination in the award and administration of | ||||||
14 | contracts not covered under a federally mandated disadvantaged | ||||||
15 | business enterprise program. The program shall establish | ||||||
16 | narrowly tailored goals for the participation of disadvantaged | ||||||
17 | business enterprises as the Authority determines appropriate. | ||||||
18 | The goals shall be based on demonstrable evidence of the | ||||||
19 | availability of ready, willing, and able disadvantaged | ||||||
20 | business enterprises relative to all businesses ready, | ||||||
21 | willing, and able to participate in the program's contracts. | ||||||
22 | The program shall require the Authority to monitor the | ||||||
23 | progress of the contractors' obligations with respect to the | ||||||
24 | program's goals. Nothing in this program shall conflict with | ||||||
25 | or interfere with the maintenance or operation of, or |
| |||||||
| |||||||
1 | compliance with, any federally mandated disadvantaged business | ||||||
2 | enterprise program. | ||||||
3 | (b) The Authority shall establish and maintain a program | ||||||
4 | designed to promote equal employment opportunity. Each year, | ||||||
5 | no later than October 1, the Authority shall report to the | ||||||
6 | General Assembly on the number of the Authority's respective | ||||||
7 | employees and the number of the Authority's respective | ||||||
8 | employees who have designated themselves as members of a | ||||||
9 | minority group and minority gender. | ||||||
10 | (c) Each year, no later than October 1, and starting no | ||||||
11 | later than the first October 1 after the establishment of its | ||||||
12 | disadvantaged business enterprise contracting programs, the | ||||||
13 | Authority shall submit a report with respect to such program | ||||||
14 | to the General Assembly. | ||||||
15 | (d) Each year, no later than October 1, the Authority | ||||||
16 | shall submit a copy of its federally mandated semi-annual | ||||||
17 | Uniform Report of Disadvantaged Business Enterprises Awards or | ||||||
18 | Commitments and Payments to the General Assembly. | ||||||
19 | (e) The Authority shall use the Illinois Works Job Program | ||||||
20 | and other job training and job creation programs to the extent | ||||||
21 | allowed by law and operationally feasible. | ||||||
22 | Section 4.21. Research and development. The Authority | ||||||
23 | shall: | ||||||
24 | (1) study public transportation problems and | ||||||
25 | developments; encourage experimentation in developing new |
| |||||||
| |||||||
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 | ||||||
18 | steps to minimize environmental disruption and pollution | ||||||
19 | arising from its activities and from public transportation | ||||||
20 | activities of transportation agencies acting pursuant to | ||||||
21 | purchase of service or grant agreements. In carrying out its | ||||||
22 | purposes and powers under this Act, the Authority shall seek | ||||||
23 | to reduce environmental disruption and pollution arising from | ||||||
24 | all forms of transportation of persons within the metropolitan | ||||||
25 | region. The Authority shall employ persons with skills and |
| |||||||
| |||||||
1 | responsibilities for determining how to minimize such | ||||||
2 | disruption and pollution. | ||||||
3 | (b) In recognition of the fact that the transportation | ||||||
4 | sector accounts for approximately a third of the greenhouse | ||||||
5 | gases generated in the State and that public transportation | ||||||
6 | moves people with fewer such emissions, the Authority shall | ||||||
7 | work cooperatively with the Department of Transportation, the | ||||||
8 | Illinois State Toll Highway Authority, the Chicago | ||||||
9 | Metropolitan Agency for Planning, and other units of | ||||||
10 | government to assist them in using investments in public | ||||||
11 | transportation facilities and operations as a tool to help | ||||||
12 | them meet their greenhouse gas emissions reduction goals. To | ||||||
13 | the maximum extent allowed by law, the Authority is eligible | ||||||
14 | to receive funding and other assistance from local, state, and | ||||||
15 | federal sources so the Authority can assist in using improved | ||||||
16 | and expanded public transportation in the metropolitan region | ||||||
17 | to reduce greenhouse gas emissions and other pollution | ||||||
18 | generated by the transportation sector. | ||||||
19 | (c) Subject to all applicable laws, the Authority may | ||||||
20 | participate in market-based environmental remediation | ||||||
21 | programs, including, but not limited to, carbon emissions | ||||||
22 | markets, through which the Authority can realize revenue | ||||||
23 | reflecting the value of greenhouse gas emissions reductions it | ||||||
24 | delivers through public transportation services in the | ||||||
25 | metropolitan region. |
| |||||||
| |||||||
1 | Section 4.23. Bikeways and trails. The Authority may use | ||||||
2 | its funds, personnel, and other resources to acquire, | ||||||
3 | construct, operate, and maintain on-road and off-road | ||||||
4 | bikeways, bike lanes, sidewalks, and trails that connect | ||||||
5 | people to public transportation facilities and services. The | ||||||
6 | Authority shall cooperate with other governmental and private | ||||||
7 | agencies in bikeway, sidewalk, and trail programs. | ||||||
8 | Section 4.24. Clean, green, or alternative fuel vehicles. | ||||||
9 | Any vehicles purchased from funds made available to the | ||||||
10 | Authority from the Transportation Bond, Series B Fund, or the | ||||||
11 | Multi-modal Transportation Bond Fund must incorporate | ||||||
12 | technologies advancing energy commonly known as clean or green | ||||||
13 | energy and alternative fuel technologies, to the extent | ||||||
14 | practical. | ||||||
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 | ||||||
23 | vehicle that: | ||||||
24 | (1) is a motor vehicle; |
| |||||||
| |||||||
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 | ||||||
12 | into a new contract to purchase a bus that is not a | ||||||
13 | zero-emission bus for the purpose of the Authority's bus | ||||||
14 | fleet. | ||||||
15 | (c) For the purposes of determining compliance with this | ||||||
16 | Section, the Authority is not in violation of this Section | ||||||
17 | when 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. |
| |||||||
| |||||||
1 | Section 4.26. City-Suburban Mobility Innovations Program. | ||||||
2 | (a) The Authority may establish a City-Suburban Mobility | ||||||
3 | Innovations Program and deposit moneys into a City-Suburban | ||||||
4 | Mobility Innovations Fund. Amounts on deposit in the Fund and | ||||||
5 | interest and other earnings on those amounts may be used by the | ||||||
6 | Authority with the approval of the Board and, after a | ||||||
7 | competitive application and scoring process that includes an | ||||||
8 | opportunity for public participation, for operating or capital | ||||||
9 | grants or loans to transportation agencies or units of local | ||||||
10 | government 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 |
| |||||||
| |||||||
1 | determine their value and readiness for broader adoption. | ||||||
2 | (b) The Authority shall develop and publish scoring | ||||||
3 | criteria that it will use in making awards from the | ||||||
4 | City-Suburban Mobility Innovations Fund. | ||||||
5 | (c) Any grantee that receives funds under this Section | ||||||
6 | must (i) implement such programs within one year of receipt of | ||||||
7 | such funds and (ii) within 2 years following commencement of | ||||||
8 | any program using such funds, determine whether it is | ||||||
9 | desirable to continue the program, and upon such a | ||||||
10 | determination, either incorporate such program into its annual | ||||||
11 | operating budget and capital program or discontinue such | ||||||
12 | program. No additional funds under this Section may be | ||||||
13 | distributed to a grantee for any individual program beyond 2 | ||||||
14 | years unless the Board waives this limitation. Any such waiver | ||||||
15 | will be with regard to an individual program and with regard to | ||||||
16 | a one-year period, and any further waivers for such individual | ||||||
17 | program require a subsequent vote of the Board. | ||||||
18 | (d) The Authority may reallocate unused funds deposited | ||||||
19 | into the City-Suburban Mobility Innovations Fund to other | ||||||
20 | Authority purposes and programs. | ||||||
21 | Section 4.27. Transit-Supportive Development Incentive | ||||||
22 | Program. | ||||||
23 | (a) As used in this Section, "transit-supportive | ||||||
24 | development" means commercial or residential development that | ||||||
25 | is designed to expand the public transportation ridership base |
| |||||||
| |||||||
1 | or to effectively connect public transportation users to such | ||||||
2 | developments. "Transit-supportive development" includes, but | ||||||
3 | is not limited to, laws and policies that further these | ||||||
4 | objectives, capital improvements that foster communities with | ||||||
5 | high per capita transit ridership, and public transportation | ||||||
6 | operation improvements that support efforts to build | ||||||
7 | communities with high per capita transit ridership. | ||||||
8 | (b) The Authority may establish a Transit-Supportive | ||||||
9 | Development Incentive Program and authorize the deposit of | ||||||
10 | Authority moneys into a Transit-Supportive Development | ||||||
11 | Incentive Fund. Amounts on deposit in the fund and interest | ||||||
12 | and other earnings on those amounts may be used by the | ||||||
13 | Authority, with the approval of its Directors and after a | ||||||
14 | competitive application and scoring process that includes an | ||||||
15 | opportunity for public participation, for operating or capital | ||||||
16 | grants or loans to Service Boards, transportation agencies, or | ||||||
17 | units 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; |
| |||||||
| |||||||
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 | ||||||
7 | criteria that it will use in making awards from the | ||||||
8 | Transit-Supportive Development Incentive Fund. Such scoring | ||||||
9 | criteria shall prioritize high-density development in and in | ||||||
10 | the near vicinity of public transportation stations and routes | ||||||
11 | and shall prioritize projects that (i) are likely to increase | ||||||
12 | per capita public transportation ridership, (ii) serve | ||||||
13 | disadvantaged and transit populations, and (iii) are located | ||||||
14 | in jurisdictions that have land use and other policies that | ||||||
15 | encourage the level of residential density and concentration | ||||||
16 | of businesses in walkable districts accessible by public | ||||||
17 | transportation required to support financially viable public | ||||||
18 | transportation service with substantial ridership. | ||||||
19 | (d) Any grantee that receives funds under this Section | ||||||
20 | must (i) implement such programs within one year of receipt of | ||||||
21 | such funds and (ii) within 2 years following commencement of | ||||||
22 | any program utilizing such funds, determine whether it has | ||||||
23 | resulted in increased use of public transportation by those | ||||||
24 | residing in the area covered by the program or those accessing | ||||||
25 | the area from outside the area. No additional funds under this | ||||||
26 | Section may be distributed to a grantee for any individual |
| |||||||
| |||||||
1 | program beyond 2 years unless the Board of the Authority | ||||||
2 | waives this limitation. Any such waiver will be with regard to | ||||||
3 | an individual program and with regard to a one-year period, | ||||||
4 | and any further waivers for such individual program require a | ||||||
5 | subsequent vote of the Board. | ||||||
6 | (e) The Authority may reallocate unused funds deposited | ||||||
7 | into the Transit-Supportive Development Incentive Fund to | ||||||
8 | other Authority purposes and programs. | ||||||
9 | Section 4.28. Coordination with planning agencies. The | ||||||
10 | Authority shall cooperate with the various public agencies | ||||||
11 | charged with the responsibility for long-range or | ||||||
12 | comprehensive planning for the metropolitan region. The | ||||||
13 | Authority shall consider the forecasts and plans of the | ||||||
14 | Chicago Metropolitan Agency for Planning in developing the | ||||||
15 | Strategic Plan, Five-Year Capital Program, and Service | ||||||
16 | Standards. The Authority shall, prior to the adoption of a | ||||||
17 | Strategic Plan or Five-Year Capital Program, submit its | ||||||
18 | proposals to the Chicago Metropolitan Agency for Planning for | ||||||
19 | review and comment. The Authority may make use of existing | ||||||
20 | studies, surveys, plans, data, and other materials in the | ||||||
21 | possession of a State agency or department, a planning agency, | ||||||
22 | or a unit of local government. | ||||||
23 | Section 4.29. Planning activities. | ||||||
24 | (a) The Authority may adopt subregional or corridor plans |
| |||||||
| |||||||
1 | for specific geographic areas of the metropolitan region in | ||||||
2 | order to improve the adequacy, efficiency, equity, and | ||||||
3 | coordination of existing, or the delivery of new, public | ||||||
4 | transportation. Such plans may also address areas outside the | ||||||
5 | metropolitan region that may impact public transportation use | ||||||
6 | in the metropolitan region. | ||||||
7 | (b) In preparing a subregional or corridor plan, the | ||||||
8 | Authority may examine travel markets, demographic shifts, | ||||||
9 | changes in passenger behavior, preferences, or attitudes, and | ||||||
10 | other pertinent factors to identify changes in operating | ||||||
11 | practices or capital investment in the subregion or corridor | ||||||
12 | that could increase ridership, reduce costs, improve | ||||||
13 | coordination, or enhance transit-oriented development. | ||||||
14 | (c) The Authority shall have principal responsibility for | ||||||
15 | initiating any alternatives analysis and preliminary | ||||||
16 | environmental assessment required by federal or State law for | ||||||
17 | any new public transportation service or facility in the | ||||||
18 | metropolitan region in addition to conducting public and | ||||||
19 | stakeholder engagement activities to inform planning | ||||||
20 | decisions. | ||||||
21 | Section 4.30. Protection against crime; transit ambassador | ||||||
22 | program. | ||||||
23 | (a) The Authority shall cooperate with the various State, | ||||||
24 | municipal, county, and transportation agency police forces in | ||||||
25 | the metropolitan region for the protection of employees and |
| |||||||
| |||||||
1 | consumers of public transportation services and public | ||||||
2 | transportation facilities against crime. | ||||||
3 | (b) The Authority may provide by ordinance for an | ||||||
4 | Authority police force to aid, coordinate, and supplement | ||||||
5 | other police forces in protecting persons and property and | ||||||
6 | reducing the threats of crime with regard to public | ||||||
7 | transportation. Such police shall have the same powers with | ||||||
8 | regard to the protection of persons and property as those | ||||||
9 | exercised by police of municipalities and may include members | ||||||
10 | of other police forces in the metropolitan region. | ||||||
11 | (c) The Authority shall establish minimum standards for | ||||||
12 | selection and training of members of a police force employed | ||||||
13 | by the Authority. Training shall be accomplished at schools | ||||||
14 | certified by the Illinois Law Enforcement Training Standards | ||||||
15 | Board established pursuant to the Illinois Police Training | ||||||
16 | Act. Such training is subject to the rules and standards | ||||||
17 | adopted pursuant to Section 7 of that Act. The Authority may | ||||||
18 | participate in any training program conducted under that Act. | ||||||
19 | (d) The Authority may provide for the coordination or | ||||||
20 | consolidation of security services and police forces | ||||||
21 | maintained with regard to public transportation services and | ||||||
22 | facilities by various transportation agencies and may contract | ||||||
23 | with any municipality or county in the metropolitan region to | ||||||
24 | provide protection of persons or property with regard to | ||||||
25 | public transportation. Employees of the Authority or of any | ||||||
26 | transportation agency affected by any action of the Authority |
| |||||||
| |||||||
1 | under this Section are covered under the protections set forth | ||||||
2 | in Section 4.15. | ||||||
3 | (e) The Authority shall implement a transit ambassador | ||||||
4 | program following industry best practices to improve safety | ||||||
5 | and customer service in the public transportation system. | ||||||
6 | (f) The Authority shall evaluate the efficacy of policing | ||||||
7 | and transit ambassador programs on a regular basis, no less | ||||||
8 | than every 5 years in conjunction with its adoption of its | ||||||
9 | Strategic Plan, and make appropriate adjustments to such | ||||||
10 | programs. | ||||||
11 | (g) The Authority may perform fare inspections and issue | ||||||
12 | fare violation tickets using personnel other than law | ||||||
13 | enforcement, including transit ambassadors. | ||||||
14 | (h) Neither the Authority nor any of their Directors, | ||||||
15 | officers, or employees may be held liable for failure to | ||||||
16 | provide a security or police force or, if a security or police | ||||||
17 | force is provided, for failure to provide adequate police | ||||||
18 | protection or security, failure to prevent the commission of | ||||||
19 | crimes by fellow passengers or other third persons, or for the | ||||||
20 | failure to apprehend criminals. | ||||||
21 | Section 4.31. Traffic law enforcement. | ||||||
22 | (a) The Authority may cooperate with local governments and | ||||||
23 | law enforcement agencies in the metropolitan region on the | ||||||
24 | enforcement of laws designed to protect the quality and safety | ||||||
25 | of public transportation operations, such as laws prohibiting |
| |||||||
| |||||||
1 | unauthorized vehicles from blocking bus stops, bus lanes, or | ||||||
2 | other facilities designated for use by transit vehicles and | ||||||
3 | transit users. | ||||||
4 | (b) Local governments and law enforcement agencies in the | ||||||
5 | metropolitan region are authorized to accept photographic, | ||||||
6 | video, or other records derived from cameras and other sensors | ||||||
7 | on public transportation vehicles and facilities as prima | ||||||
8 | facie evidence of a violation of laws that protect the quality | ||||||
9 | and safety of public transportation operations. | ||||||
10 | (c) The Authority may establish by rule an enforcement | ||||||
11 | program that covers jurisdictions in the metropolitan region | ||||||
12 | that lack laws that protect the quality and safety of public | ||||||
13 | transportation operations or that, in the Authority's sole | ||||||
14 | discretion, fail to adequately enforce such laws. | ||||||
15 | (d) An enforcement program established under this Section | ||||||
16 | shall 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
5 | enforcement agencies on their enforcement programs, the | ||||||
6 | Authority shall strive for as much standardization as feasible | ||||||
7 | throughout the metropolitan region in enforcement programs | ||||||
8 | designed to improve the quality and safety of public | ||||||
9 | transportation operations. | ||||||
10 | Section 4.32. Suspension of riding privileges and | ||||||
11 | confiscation of fare media. | ||||||
12 | (a) As used in this Section, "demographic information" | ||||||
13 | includes, but is not limited to, age, race, ethnicity, gender, | ||||||
14 | and housing status, as that term is defined under Section 10 of | ||||||
15 | the Bill of Rights for the Homeless Act. | ||||||
16 | (b) Suspension of riding privileges and confiscation of | ||||||
17 | fare 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 |
| |||||||
| |||||||
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 | ||||||
8 | regarding the suspension of the individual's riding privileges | ||||||
9 | or confiscation of fare media. The notice shall be provided in | ||||||
10 | person at the time of the alleged violation, except that, if | ||||||
11 | providing notice in person at the time of the alleged | ||||||
12 | violation is not practicable, then the Authority shall make a | ||||||
13 | reasonable effort to provide notice to the individual by | ||||||
14 | personal service, by mailing a copy of the notice by certified | ||||||
15 | mail, return receipt requested, by first-class mail to the | ||||||
16 | person's current address, or by emailing a copy of the notice | ||||||
17 | to an email address on file, if available. If the person is | ||||||
18 | known to be detained in jail, service shall be made as provided | ||||||
19 | under Section 2-203.2 of the Code of Civil Procedure. The | ||||||
20 | written notice shall be sufficient to inform the individual | ||||||
21 | about 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 |
| |||||||
| |||||||
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 | ||||||
7 | riding privileges or confiscation of fare media is warranted | ||||||
8 | and the length of the suspension shall be concluded within 30 | ||||||
9 | business days after the individual receives notice of the | ||||||
10 | suspension or confiscation. | ||||||
11 | (e) Notwithstanding any other provision of this Section, a | ||||||
12 | person may not be denied the ability to contest or appeal a | ||||||
13 | suspension of riding privileges or confiscation of fare media | ||||||
14 | or to attend an in-person or virtual hearing to determine | ||||||
15 | whether a suspension or confiscation was warranted because the | ||||||
16 | person was detained in a jail. | ||||||
17 | (f) The Authority shall create an administrative | ||||||
18 | suspension 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 |
| |||||||
| |||||||
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 | ||||||
20 | reinstate ridership privileges. This information shall be | ||||||
21 | provided to the suspended rider at the time of the Authority's | ||||||
22 | findings. A suspended rider is entitled to an appeal after the | ||||||
23 | Authority's finding to suspend the person's ridership. A | ||||||
24 | suspended rider may petition the Authority to reinstate the | ||||||
25 | person's ridership privileges one calendar year after the | ||||||
26 | Authority's suspension finding if the length of the suspension |
| |||||||
| |||||||
1 | is more than one year. | ||||||
2 | (h) The Authority shall collect, report, and make publicly | ||||||
3 | available quarterly the number and demographic information of | ||||||
4 | people subject to suspension of riding privileges or | ||||||
5 | confiscation of fare media; the conduct leading to the | ||||||
6 | suspension or confiscation; and the location and description | ||||||
7 | of the location where the conduct occurred, such as | ||||||
8 | identifying the transit station or transit line, the date, and | ||||||
9 | the time of day of the conduct, a citation to the statutory | ||||||
10 | authority for which the accused person was arrested or | ||||||
11 | charged, the amount, if any, on the fare media, and the length | ||||||
12 | of the suspension. | ||||||
13 | Section 4.33. Domestic Violence and Sexual Assault | ||||||
14 | Transportation Assistance Program. | ||||||
15 | (a) The Authority shall continue the Domestic Violence and | ||||||
16 | Sexual Assault Regional Transit Authority Public | ||||||
17 | Transportation Assistance Program established by the Regional | ||||||
18 | Transportation Authority Act (repealed) to serve residents of | ||||||
19 | the metropolitan region. Through this Program, the Authority | ||||||
20 | shall issue monetarily preloaded mass transit cards to The | ||||||
21 | Network: Advocating Against Domestic Violence for survivor and | ||||||
22 | victim use of public transportation in the metropolitan | ||||||
23 | region. | ||||||
24 | (b) The Authority shall coordinate with The Network: | ||||||
25 | Advocating Against Domestic Violence to issue no less than |
| |||||||
| |||||||
1 | 25,000 monetarily preloaded mass transit cards with a value of | ||||||
2 | $20 per card for distribution to domestic violence and sexual | ||||||
3 | assault service providers throughout the Authority's | ||||||
4 | jurisdiction. | ||||||
5 | (c) The mass transit card shall be plastic or laminated | ||||||
6 | and wallet-sized, contain no information that would reference | ||||||
7 | domestic violence or sexual assault services, and have no | ||||||
8 | expiration date. The cards shall also be available | ||||||
9 | electronically and shall be distributed to domestic violence | ||||||
10 | and sexual assault direct service providers to distribute to | ||||||
11 | survivors. | ||||||
12 | (d) The creation of the Program shall include an | ||||||
13 | appointment of a domestic violence or sexual assault program | ||||||
14 | service provider or a representative of the service provider's | ||||||
15 | choosing to the Authority's Citizen Advisory Board. | ||||||
16 | (e) The Network: Advocating Against Domestic Violence | ||||||
17 | shall provide an annual report of the program, including a | ||||||
18 | list of service providers receiving the mass transit cards, | ||||||
19 | the total number of cards received by each service provider, | ||||||
20 | and an estimated number of survivors and victims of domestic | ||||||
21 | violence and sexual assault participating in the program. The | ||||||
22 | report shall also include survivor testimonies of the program | ||||||
23 | and shall include recommendations on improving implementation | ||||||
24 | of the Program. The first report shall be provided to the | ||||||
25 | Authority one calendar year after the creation of the Program. | ||||||
26 | (f) In partnership with The Network: Advocating Against |
| |||||||
| |||||||
1 | Domestic Violence, the Authority shall report this information | ||||||
2 | to the Board and the Citizen Advisory Board and compile an | ||||||
3 | annual report of the Program to the General Assembly and to | ||||||
4 | domestic violence and sexual assault service providers in the | ||||||
5 | service providers' jurisdiction and include recommendations | ||||||
6 | for improving implementation of the Program. | ||||||
7 | Section 4.34. Safety. | ||||||
8 | (a) The Authority shall establish, enforce, and facilitate | ||||||
9 | achievement and maintenance of standards of safety with | ||||||
10 | respect to public transportation provided by the Authority or | ||||||
11 | by transportation agencies pursuant to purchase of service or | ||||||
12 | grant agreements. | ||||||
13 | (b) In recognition of the fact that travel by public | ||||||
14 | transportation is significantly safer than travel by other | ||||||
15 | means of surface transportation, the Authority shall work | ||||||
16 | cooperatively with the Department of Transportation, the | ||||||
17 | Illinois State Toll Highway Authority, the Chicago | ||||||
18 | Metropolitan Agency for Planning, and other units of | ||||||
19 | government to assist them in using investments in public | ||||||
20 | transportation facilities and operations as a tool to help the | ||||||
21 | Department and units of local government meet their roadway | ||||||
22 | crash, fatality, and serious injury reduction goals. To the | ||||||
23 | maximum extent allowed by law, the Authority is eligible to | ||||||
24 | receive funding and other assistance from local, state, and | ||||||
25 | federal sources so the Authority can assist in using improved |
| |||||||
| |||||||
1 | and expanded public transportation in the metropolitan region | ||||||
2 | to improve safety in the surface transportation sector. | ||||||
3 | (c) The security portion of the system safety program, | ||||||
4 | investigation reports, surveys, schedules, lists, or data | ||||||
5 | compiled, collected, or prepared by or for the Authority under | ||||||
6 | this subsection is exempt from disclosure under the Freedom of | ||||||
7 | Information Act, shall not be subject to discovery or admitted | ||||||
8 | into evidence in federal or State court, or shall not be | ||||||
9 | considered for other purposes in any civil action for damages | ||||||
10 | arising from any matter mentioned or addressed in such | ||||||
11 | reports, surveys, schedules, lists, data, or information. | ||||||
12 | (d) Neither the Authority nor its directors, officers, or | ||||||
13 | employees may not be held liable in any civil action for any | ||||||
14 | injury to any person or property for any acts or omissions or | ||||||
15 | failure to act under this Section or pursuant to 49 CFR Part | ||||||
16 | 659. | ||||||
17 | (e) Nothing in this Section alleviates an individual's | ||||||
18 | duty to comply with the State Officials and Employees Ethics | ||||||
19 | Act. | ||||||
20 | Section 4.35. Competition. It is the policy of this State | ||||||
21 | that all powers granted, either expressly or by necessary | ||||||
22 | implication, by this Act or any other Illinois statute to the | ||||||
23 | Authority may be exercised by the Authority notwithstanding | ||||||
24 | effects on competition. It is the intention of the General | ||||||
25 | Assembly that the state action exemption to the application of |
| |||||||
| |||||||
1 | federal antitrust statutes be fully available to the Authority | ||||||
2 | to the extent its activities are authorized by law as stated | ||||||
3 | herein. | ||||||
4 | Section 4.36. Prompt payment. Purchases made pursuant to | ||||||
5 | this Act shall be made in compliance with the Local Government | ||||||
6 | Prompt Payment Act. | ||||||
7 | Article V. ACCOUNTABILITY | ||||||
8 | Section 5.01. Director selection process. The following | ||||||
9 | requirements apply to the appointing authorities for Directors | ||||||
10 | of 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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 | ||||||
7 | publish the number of trips taken by each Director by public | ||||||
8 | transportation in the metropolitan region. | ||||||
9 | (b) The Board may adopt rules governing system usage by | ||||||
10 | Directors consistent with the intention of this Act that the | ||||||
11 | Directors overseeing the public transportation system of the | ||||||
12 | metropolitan region should have substantial ridership | ||||||
13 | experience on that system. | ||||||
14 | (c) The Board may adopt public transportation system usage | ||||||
15 | requirements for the executives and staff of the Authority | ||||||
16 | that are no less demanding than public transportation system | ||||||
17 | ridership requirements applicable to Directors. System | ||||||
18 | ridership requirements may be included in performance-based | ||||||
19 | compensation systems established under Section 5.04. | ||||||
20 | (d) The Authority may incorporate public transportation | ||||||
21 | system usage requirements into its agreements with | ||||||
22 | transportation agencies and goods and services providers. | ||||||
23 | (e) The Authority shall put in place reasonable mechanisms | ||||||
24 | to ensure against efforts to evade public transportation | ||||||
25 | system ridership requirements imposed under this Section. |
| |||||||
| |||||||
1 | Section 5.03. Director attendance requirement. | ||||||
2 | (a) The Board shall adopt rules regarding the required | ||||||
3 | frequency of Director attendance at Board meetings. | ||||||
4 | (b) The failure of a Director to meet the Director | ||||||
5 | attendance requirement shall constitute sufficient grounds for | ||||||
6 | removal of that Director from the Board under subsection (a) | ||||||
7 | of Section 2.08. | ||||||
8 | Section 5.04. Employment agreements; performance-based | ||||||
9 | compensation. | ||||||
10 | (a) By no later than one year after the effective date of | ||||||
11 | this Act, after consideration of best practices for executive | ||||||
12 | compensation, the Authority shall enter into written | ||||||
13 | employment agreements with at least the 5 most senior staff | ||||||
14 | executives or officers of the Authority. | ||||||
15 | (b) The Authority may implement a performance-based | ||||||
16 | compensation system. A performance-based compensation system | ||||||
17 | established under this subsection must tie a significant | ||||||
18 | portion of senior executive compensation to the achievement or | ||||||
19 | nonachievement of performance standards that relate to the | ||||||
20 | quality of public transit services delivered to the public. | ||||||
21 | (c) Each senior executive participating in a | ||||||
22 | performance-based compensation system must enter into an | ||||||
23 | employment agreement with the Authority that describes the | ||||||
24 | performance-based compensation system and contains the other |
| |||||||
| |||||||
1 | terms and conditions of employment. | ||||||
2 | (d) If it implements a performance-based compensation | ||||||
3 | system, the Board shall annually review and approve | ||||||
4 | compensation adjustments, positive or negative, for senior | ||||||
5 | executives of the Authority under the performance-based | ||||||
6 | compensation system. | ||||||
7 | (e) Subject to any applicable collective bargaining | ||||||
8 | agreement, the Authority may extend the performance-based | ||||||
9 | compensation system to include more staff positions at the | ||||||
10 | Authority. | ||||||
11 | (f) The Authority may incorporate performance-based | ||||||
12 | compensation system requirements into its agreements with | ||||||
13 | transportation agencies and goods and services providers. | ||||||
14 | Section 5.05. Revolving door prohibition. A Director, | ||||||
15 | Citizen Advisory Board member, former Director, or former | ||||||
16 | Citizen Advisory Board member shall, during the Director's or | ||||||
17 | member's, or former Director's or former member's, term, and | ||||||
18 | for a period of one year immediately after the end of the | ||||||
19 | Director's or member's, or former Director's or former | ||||||
20 | member's, term, engage in business dealings with, knowingly | ||||||
21 | accept employment from, or receive compensation or fees for | ||||||
22 | services from the Authority. This prohibition does not apply | ||||||
23 | to any business dealings engaged in by the Director or member | ||||||
24 | in the course of the Director's or member's official duties or | ||||||
25 | responsibilities as a Director or member. |
| |||||||
| |||||||
1 | Section 5.06. Public plans. The Authority shall implement | ||||||
2 | its responsibilities in 5 public documents adopted by its | ||||||
3 | Directors: a Strategic Plan; a Five-Year Capital Program; an | ||||||
4 | Annual Capital Improvement Plan; an Annual Budget and Two-Year | ||||||
5 | Financial Plan; and Service Standards. | ||||||
6 | Section 5.07. Strategic Plan. | ||||||
7 | (a) The Authority shall adopt a Strategic Plan, no less | ||||||
8 | than every 5 years, after holding a minimum of one public | ||||||
9 | hearing in each of the counties in the metropolitan region. | ||||||
10 | (b) To the maximum extent feasible, the Authority shall | ||||||
11 | adopt its Strategic Plan on a similar schedule as the regional | ||||||
12 | comprehensive plan adopted by the Chicago Metropolitan Agency | ||||||
13 | for Planning. | ||||||
14 | (c) In developing the Strategic Plan, the Authority shall | ||||||
15 | rely on such demographic and other data, forecasts, and | ||||||
16 | assumptions developed by the Chicago Metropolitan Agency for | ||||||
17 | Planning with respect to the patterns of population density | ||||||
18 | and growth, projected commercial and residential development, | ||||||
19 | and environmental factors within the metropolitan region and | ||||||
20 | in areas outside the metropolitan region that may impact | ||||||
21 | public transportation use in the metropolitan region. | ||||||
22 | (d) The Authority shall also consult with the Department | ||||||
23 | of Transportation's Office of Planning and Programming, the | ||||||
24 | Illinois State Toll Highway Authority, and municipal and |
| |||||||
| |||||||
1 | county departments of transportation when developing the | ||||||
2 | Strategic Plan. | ||||||
3 | (e) Before adopting or amending a Strategic Plan, the | ||||||
4 | Authority shall consult with the Chicago Metropolitan Agency | ||||||
5 | for Planning regarding the consistency of the Strategic Plan | ||||||
6 | with the Regional Comprehensive Plan adopted pursuant to the | ||||||
7 | Regional Planning Act. | ||||||
8 | (f) The Authority may use staff of the Chicago | ||||||
9 | Metropolitan Agency for Planning for planning-related purposes | ||||||
10 | on terms and conditions acceptable to the Authority and the | ||||||
11 | Chicago Metropolitan Agency for Planning. | ||||||
12 | (g) The Strategic Plan shall describe the specific actions | ||||||
13 | to be taken by the Authority to provide adequate, efficient, | ||||||
14 | equitable, and coordinated public transportation. | ||||||
15 | (h) The Strategic Plan shall identify goals and objectives | ||||||
16 | with 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
8 | criteria by which proposals for capital improvements by the | ||||||
9 | Authority or a transportation agency shall be evaluated by the | ||||||
10 | Authority for inclusion in the Five-Year Capital Program, | ||||||
11 | which shall be in accordance with the prioritization process | ||||||
12 | set 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 |
| |||||||
| |||||||
1 | improve the delivery of public transportation and the | ||||||
2 | construction of public transportation facilities, including | ||||||
3 | new vehicle technologies, operational practices, financial | ||||||
4 | arrangements, and other innovations that may benefit the | ||||||
5 | metropolitan region. | ||||||
6 | (k) The Strategic Plan shall extend on the plans adopted | ||||||
7 | pursuant to Sections 5.09, 5.10, 5.11, and 5.12 and describe | ||||||
8 | the expected financial condition of public transportation in | ||||||
9 | the metropolitan region prospectively over a 10-year period, | ||||||
10 | which may include information about the cash position and all | ||||||
11 | known obligations of the Authority, including operating | ||||||
12 | expenditures, debt service, contributions for payment of | ||||||
13 | pension and other post-employment benefits, the expected | ||||||
14 | revenues from fares, tax receipts, grants from the federal, | ||||||
15 | State, and local governments for operating and capital | ||||||
16 | purposes and issuance of debt, the availability of working | ||||||
17 | capital, and the additional resources, if any, needed to | ||||||
18 | achieve the goals and objectives described in the Strategic | ||||||
19 | Plan. The Strategic Plan shall outline the Authority's plan | ||||||
20 | for dealing with any projected shortfall in financial | ||||||
21 | resources necessary to keep public transportation facilities | ||||||
22 | in a state of good repair and to deliver public transportation | ||||||
23 | services that meet Service Standards adopted pursuant to | ||||||
24 | Section 5.11. | ||||||
25 | (l) The Executive Director of the Authority shall review | ||||||
26 | the Strategic Plan on an ongoing basis and make |
| |||||||
| |||||||
1 | recommendations to the Board with respect to any update or | ||||||
2 | amendment of the Strategic Plan. | ||||||
3 | Section 5.08. Prioritization process for transit capital | ||||||
4 | projects. | ||||||
5 | (a) The Authority shall develop a transparent | ||||||
6 | prioritization process for metropolitan region transit capital | ||||||
7 | projects to identify projects that will most effectively | ||||||
8 | achieve the goals of the Strategic Plan and improve the | ||||||
9 | quality of public transportation services contemplated by the | ||||||
10 | Service Standards. | ||||||
11 | (b) The Authority shall use the prioritization process | ||||||
12 | when developing its Five-Year Capital Program pursuant to | ||||||
13 | Section 5.09 and for its other capital planning processes. | ||||||
14 | (c) The prioritization process must consider, at a | ||||||
15 | minimum: | ||||||
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. |
| |||||||
| |||||||
1 | (d) All capital funding awards shall be made by the | ||||||
2 | Authority in accordance with the prioritization process. An | ||||||
3 | appropriate public input process shall be established. The | ||||||
4 | Authority shall make a report to the General Assembly each | ||||||
5 | year describing the prioritization process and its use in | ||||||
6 | funding awards. | ||||||
7 | (e) A summary of the project evaluation process, measures, | ||||||
8 | program, and scores or prioritization criteria for all | ||||||
9 | candidate projects shall be published on the Authority's | ||||||
10 | website in a timely manner. | ||||||
11 | (f) No project shall be included in the Five-Year Capital | ||||||
12 | Program, or amendments to that Program, without being | ||||||
13 | evaluated under the selection process described in this | ||||||
14 | Section. | ||||||
15 | Section 5.09. Five-Year Capital Program. | ||||||
16 | (a) The Authority, after holding a minimum of one public | ||||||
17 | hearing in each of the counties in the metropolitan region, | ||||||
18 | shall each year adopt a Five-Year Capital Program that shall | ||||||
19 | include each capital improvement to be undertaken by the | ||||||
20 | Authority or on behalf of the Authority by a transportation | ||||||
21 | agency. | ||||||
22 | (b) The Authority shall prepare and publish its | ||||||
23 | preliminary Five-Year Capital Program by October 15 of each | ||||||
24 | year based on any criteria for capital improvements contained | ||||||
25 | in the Strategic Plan, the capital project prioritization |
| |||||||
| |||||||
1 | process established in Section 5.08, the Service Standards, | ||||||
2 | the transit asset management plans required by 49 CFR 625.25, | ||||||
3 | and other criteria determined by the Authority so long as the | ||||||
4 | improvements are not inconsistent with any subregional or | ||||||
5 | corridor plan adopted by the Authority and can be funded | ||||||
6 | within amounts available with respect to the capital and | ||||||
7 | operating costs of such improvement. | ||||||
8 | (c) The Authority shall give priority to improvements that | ||||||
9 | are intended to bring public transportation facilities into a | ||||||
10 | state of good repair. | ||||||
11 | (d) Before adopting a Five-Year Capital Program, the | ||||||
12 | Authority shall consult with the Chicago Metropolitan Agency | ||||||
13 | for Planning regarding the consistency of the Five-Year | ||||||
14 | Capital Program with the Regional Comprehensive Plan adopted | ||||||
15 | pursuant to the Regional Planning Act. | ||||||
16 | (e) The Authority shall adopt a final Five-Year Capital | ||||||
17 | Program 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 | ||||||
20 | Five-Year Capital Program an Annual Capital Improvement Plan, | ||||||
21 | which 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
19 | any calendar year, to the Governor on or before January 15 of | ||||||
20 | that year or as soon as possible thereafter. Any revision in | ||||||
21 | the projects approved shall require the Governor's approval. | ||||||
22 | (c) The Authority shall seek approval from the Governor | ||||||
23 | only through the Plan or an amendment to the Plan. The | ||||||
24 | Authority shall not request approval of the Plan from the | ||||||
25 | Governor in any calendar year in which it is unable to make the | ||||||
26 | certifications required under paragraphs (2), (3), and (4) of |
| |||||||
| |||||||
1 | subsection (a). The Authority may not seek approval of the | ||||||
2 | Plan from the Governor for projects in an aggregate amount | ||||||
3 | exceeding the proceeds of bonds or notes for Strategic Capital | ||||||
4 | Improvement Projects issued under Section 6.05. | ||||||
5 | (d) The Governor may approve the Plan for which approval | ||||||
6 | is requested. The Governor's approval is limited to the amount | ||||||
7 | of the project cost stated in the Plan. The Governor shall not | ||||||
8 | approve the Plan in a calendar year if the Authority is unable | ||||||
9 | to make the certifications required under paragraphs (2), (3), | ||||||
10 | and (4) of subsection (a). The Governor may not approve the | ||||||
11 | Plan for projects in an aggregate amount exceeding the | ||||||
12 | proceeds of bonds or notes for Strategic Capital Improvement | ||||||
13 | Projects issued under Section 6.05. | ||||||
14 | (e) With respect to capital improvements, only those | ||||||
15 | capital improvements which are in a Plan approved by the | ||||||
16 | Governor shall be financed with the proceeds of bonds or notes | ||||||
17 | issued for Strategic Capital Improvement Projects. | ||||||
18 | (f) Before the Authority obligates any funds for a project | ||||||
19 | for which the Authority intends to use the proceeds of bonds or | ||||||
20 | notes for Strategic Capital Improvement Projects, but which | ||||||
21 | project is not included in an approved Plan, the Authority | ||||||
22 | must notify the Governor of the intended obligation. Project | ||||||
23 | costs incurred prior to approval of the Plan, including that | ||||||
24 | project, may not be paid from the proceeds of bonds or notes | ||||||
25 | for Strategic Capital Improvement Projects issued under | ||||||
26 | Section 6.05. |
| |||||||
| |||||||
1 | Section 5.11. Service Standards. | ||||||
2 | (a) The Authority shall adopt Service Standards in | ||||||
3 | conjunction with its Strategic Plan and Five-Year Capital | ||||||
4 | Program. | ||||||
5 | (b) The Service Standards shall identify quantitative and | ||||||
6 | qualitative attributes of quality public transit service using | ||||||
7 | metrics drawn from the performance of high-quality transit | ||||||
8 | systems in global metropolitan areas with comparable | ||||||
9 | populations and metropolitan economies as the metropolitan | ||||||
10 | region. | ||||||
11 | (c) The Service Standards shall include a framework that | ||||||
12 | describes the appropriate characteristics for each type of | ||||||
13 | service or mode. These characteristics include, but are not | ||||||
14 | limited to, mode, frequency, time span, vehicle type, stop | ||||||
15 | spacing, vehicle and stop amenities, network connectivity, | ||||||
16 | route directness, route deviation, and coverage of service. | ||||||
17 | (d) The Service Standards shall include the transition of | ||||||
18 | commuter rail in the metropolitan region to a regional rail | ||||||
19 | service pattern or the retention of commuter rail with | ||||||
20 | additional regional rail service. | ||||||
21 | (e) The Service Standards shall cover the entire | ||||||
22 | metropolitan region and include the development of transit | ||||||
23 | propensity thresholds for each type of service or mode. | ||||||
24 | Transit propensity metrics shall include, but are not limited | ||||||
25 | to, population density, employment density, low-income |
| |||||||
| |||||||
1 | populations, disabled populations, zero-car households, | ||||||
2 | intersection density, and the presence of sidewalks. The | ||||||
3 | Authority shall develop weights for each metric and a scoring | ||||||
4 | system to determine transit propensity. The production of a | ||||||
5 | transit propensity assessment shall be conducted for any | ||||||
6 | proposed new or modified services and constrained to a service | ||||||
7 | or route estimated catchment area. Final determination of the | ||||||
8 | eligibility of each type of service or mode for an area is | ||||||
9 | subject to qualitative review by the Authority once the | ||||||
10 | propensity assessment is completed, reviewed, and evaluated. | ||||||
11 | (f) A local government or group of local governments may | ||||||
12 | petition the Authority to increase the level of transit | ||||||
13 | service provided above what would otherwise be provided | ||||||
14 | through the Service Standards. If a local government or group | ||||||
15 | of local governments demonstrates that the local government or | ||||||
16 | group of local governments have created a transit support | ||||||
17 | overlay district under the Transit-Supportive Development Act | ||||||
18 | or have adopted zoning and other changes that the Authority | ||||||
19 | determines has benefits to the transit system greater than or | ||||||
20 | equal to a transit support overlay district, the Authority | ||||||
21 | shall designate a preliminary amendment to the applicable | ||||||
22 | Service Standards for that area commensurate with the expected | ||||||
23 | increase in transit propensity. The Authority shall determine | ||||||
24 | the incremental cost of providing the service and present it | ||||||
25 | to the local government or group of local governments. Upon | ||||||
26 | execution of an agreement for the local government or group of |
| |||||||
| |||||||
1 | local governments to provide funding for 12 months to the | ||||||
2 | Authority equal to the incremental cost of providing the | ||||||
3 | additional service, the Authority shall finalize the Service | ||||||
4 | Standards amendment, and the Authority shall budget for and | ||||||
5 | provide the increased service. For service to be provided | ||||||
6 | within or substantially within Qualified Census Tracts as | ||||||
7 | identified by the U.S. Department of Housing and Urban | ||||||
8 | Development, the Office of Equitable Transit-Oriented | ||||||
9 | Development shall provide a 50% cost share to the Authority | ||||||
10 | for the increased transit service associated with the Service | ||||||
11 | Standards amendment. The Authority may develop plans to assist | ||||||
12 | local governments in identifying corridors where additional | ||||||
13 | service could be provided through the mechanism described in | ||||||
14 | this subsection. | ||||||
15 | (g) The Service Standards shall be adjusted as appropriate | ||||||
16 | to accommodate the addition of modes of public transportation | ||||||
17 | not currently being provided by the Authority, which may | ||||||
18 | include, but is not limited to: streetcar; light rail; | ||||||
19 | full-scale bus rapid transit; a transition from commuter rail | ||||||
20 | to regional rail or a combination of commuter and regional | ||||||
21 | rail; and electrified versions of current combustion engine | ||||||
22 | vehicle systems. | ||||||
23 | (h) The Service Standards shall be used to update or | ||||||
24 | otherwise inform the provision of the Authority's Title VI and | ||||||
25 | environmental justice policies. | ||||||
26 | (i) The Board shall review and make any necessary |
| |||||||
| |||||||
1 | adjustments to the Service Standards at least once every 5 | ||||||
2 | years in conjunction with its adoption of the Authority's | ||||||
3 | Strategic Plan. | ||||||
4 | (j) The Authority shall compile and publish reports | ||||||
5 | comparing the actual public transportation system performance | ||||||
6 | measured against the Service Standards. Such performance | ||||||
7 | measures shall include customer-related performance data | ||||||
8 | measured by line, route, or subregion, as determined by the | ||||||
9 | Authority, 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 | ||||||
19 | Authority shall prepare and submit to the Authority such | ||||||
20 | reports with regard to these performance measures in the | ||||||
21 | frequency and form required by the Authority. The Authority | ||||||
22 | shall compile and publish such reports on its website on a | ||||||
23 | regular basis, no less than monthly. | ||||||
24 | (l) The Service Standards and performance measures shall | ||||||
25 | not be used as the basis for disciplinary action against any | ||||||
26 | employee of the Authority, except to the extent the employment |
| |||||||
| |||||||
1 | and disciplinary practices of the Authority provide for such | ||||||
2 | action. | ||||||
3 | Section 5.12. Annual Budget and Two-Year Financial Plan. | ||||||
4 | (a) The Board shall control the finances of the Authority. | ||||||
5 | It shall (i) appropriate money to perform the Authority's | ||||||
6 | purposes and provide for payment of debts and expenses of the | ||||||
7 | Authority and (ii) adopt an Annual Budget and Two-Year | ||||||
8 | Financial Plan for the Authority. | ||||||
9 | (b) The Annual Budget and Two-Year Financial Plan shall | ||||||
10 | contain a statement of the funds estimated to be on hand for | ||||||
11 | the Authority at the beginning of the fiscal year, the funds | ||||||
12 | estimated to be received from all sources for such year, the | ||||||
13 | estimated expenses and obligations of the Authority for all | ||||||
14 | purposes, including expenses for contributions to be made with | ||||||
15 | respect to pension and other employee benefits, and the funds | ||||||
16 | estimated to be on hand at the end of such year. | ||||||
17 | (c) The fiscal year of the Authority shall begin on | ||||||
18 | January 1 and end on the succeeding December 31. By July 1 of | ||||||
19 | each year, the Director of the Governor's Office of Management | ||||||
20 | and Budget shall submit to the Authority an estimate of | ||||||
21 | revenues for the next fiscal year of the Authority to be | ||||||
22 | collected from the taxes imposed by the Authority and the | ||||||
23 | amounts to be available in the Public Transportation Fund and | ||||||
24 | the Metropolitan Mobility Authority Occupation and Use Tax | ||||||
25 | Replacement Fund and the amounts otherwise to be appropriated |
| |||||||
| |||||||
1 | by the State to the Authority for its purposes. | ||||||
2 | (d) Before the proposed Annual Budget and Two-Year | ||||||
3 | Financial Plan is adopted, the Authority shall hold at least | ||||||
4 | one public hearing on the Annual Budget and Two-Year Financial | ||||||
5 | Plan in the metropolitan region and shall meet with the county | ||||||
6 | board or its designee of each of the several counties in the | ||||||
7 | metropolitan region. After conducting the hearings and holding | ||||||
8 | the meetings and after making changes in the proposed Annual | ||||||
9 | Budget and Two-Year Financial Plan as the Board deems | ||||||
10 | appropriate, the Board shall adopt its annual appropriation | ||||||
11 | and Annual Budget and Two-Year Financial Plan ordinance. The | ||||||
12 | ordinance shall appropriate such sums of money as are deemed | ||||||
13 | necessary to defray all necessary expenses and obligations of | ||||||
14 | the Authority, specifying purposes and the objects or programs | ||||||
15 | for which appropriations are made and the amount appropriated | ||||||
16 | for each object or program. Additional appropriations, | ||||||
17 | transfers between items, and other changes in such ordinance | ||||||
18 | may be made from time to time by the Board. | ||||||
19 | (e) The Annual Budget and Two-Year Financial Plan shall | ||||||
20 | show a balance between anticipated revenues from all sources | ||||||
21 | and anticipated expenses, including funding of operating | ||||||
22 | deficits or the discharge of encumbrances incurred in prior | ||||||
23 | periods and payment of principal and interest when due, and | ||||||
24 | shall show cash balances sufficient to pay with reasonable | ||||||
25 | promptness all obligations and expenses as incurred. | ||||||
26 | (f) The Authority shall file a copy of its Annual Budget |
| |||||||
| |||||||
1 | and Two-Year Financial Plan with the General Assembly and the | ||||||
2 | Governor after its adoption and a statement certifying that it | ||||||
3 | published the data described in subsection (g). | ||||||
4 | (g) The Authority shall publish a monthly comprehensive | ||||||
5 | set of data regarding transit service and safety. The data | ||||||
6 | included shall include information to track operations, | ||||||
7 | including: | ||||||
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 | ||||||
26 | on publishing data on the service reliability, operations, and |
| |||||||
| |||||||
1 | safety of the system from the public and groups representing | ||||||
2 | transit riders, workers, and businesses and make appropriate | ||||||
3 | adjustments and additions to the data reported pursuant to | ||||||
4 | subsection (g). | ||||||
5 | (i) All transportation agencies, comprehensive planning | ||||||
6 | agencies, including the Chicago Metropolitan Agency for | ||||||
7 | Planning and transportation planning agencies in the | ||||||
8 | metropolitan region, shall furnish to the Authority such | ||||||
9 | information pertaining to public transportation or relevant | ||||||
10 | plans therefore as it may from time to time require. The | ||||||
11 | Executive Director, or the Executive Director's designee, | ||||||
12 | shall, for the purpose of securing any such information | ||||||
13 | necessary or appropriate to carry out any of the powers and | ||||||
14 | responsibilities of the Authority under this Act, have access | ||||||
15 | to, and the right to examine, all books, documents, papers, or | ||||||
16 | records of any transportation agency receiving funds from the | ||||||
17 | Authority, and such transportation agency shall comply with | ||||||
18 | any request by the Executive Director, or the Executive | ||||||
19 | Director's designee, within 30 days or an extended time | ||||||
20 | provided by the Executive Director. | ||||||
21 | Section 5.13. Authority Inspector General. | ||||||
22 | (a) The Authority and the transportation agencies are | ||||||
23 | subject to the jurisdiction of the Governor's Executive | ||||||
24 | Inspector General. | ||||||
25 | (b) The Authority may appoint an independent Authority |
| |||||||
| |||||||
1 | Inspector General to serve as the ethics officer for the | ||||||
2 | Authority and to investigate on its own authority or on the | ||||||
3 | basis of a complaint or referral possible waste, fraud, or | ||||||
4 | abuse involving the Authority or a transportation agency. The | ||||||
5 | Authority Inspector General may conduct performance reviews | ||||||
6 | and audits designed to prevent waste, fraud, or abuse and to | ||||||
7 | improve the operation of the Authority and transportation | ||||||
8 | agencies. | ||||||
9 | (c) The Board shall provide sufficient staff and resources | ||||||
10 | so the Authority Inspector General can fulfill its functions | ||||||
11 | and responsibilities. | ||||||
12 | (d) All employees, agents, and contractors of the | ||||||
13 | Authority and the transportation agencies shall cooperate with | ||||||
14 | reviews, audits, and investigations conducted by the Authority | ||||||
15 | Inspector General. | ||||||
16 | (e) The Authority Inspector General may be appointed for a | ||||||
17 | term of up to 5 years or until a successor is appointed and has | ||||||
18 | qualified. The Board may remove the Authority Inspector | ||||||
19 | General before the expiration of the Inspector General's term | ||||||
20 | only for good cause and with the concurrence of the Governor's | ||||||
21 | Executive Inspector General. | ||||||
22 | (f) The appointment of an Authority Inspector General | ||||||
23 | shall not in any way limit the powers of the Governor's | ||||||
24 | Executive Inspector General. | ||||||
25 | Section 5.14. Executive Inspector General. |
| |||||||
| |||||||
1 | (a) Moneys may be appropriated from the Public | ||||||
2 | Transportation Fund to the Governor's Office of the Executive | ||||||
3 | Inspector General for the costs incurred by the Executive | ||||||
4 | Inspector General while serving as the inspector general for | ||||||
5 | the Authority. | ||||||
6 | (b) The Governor's Office of the Executive Inspector | ||||||
7 | General shall annually report to the General Assembly the | ||||||
8 | expenses incurred while serving as the inspector general for | ||||||
9 | the Authority. | ||||||
10 | (c) All employees, agents, and contractors of the | ||||||
11 | Authority and the transportation agencies shall cooperate with | ||||||
12 | reviews, audits, and investigations conducted by the | ||||||
13 | Governor's Executive Inspector General. | ||||||
14 | Section 5.15. Performance audits. | ||||||
15 | (a) The Auditor General shall conduct performance audits | ||||||
16 | of the Authority and transportation agencies at least once | ||||||
17 | every 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 |
| |||||||
| |||||||
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 | ||||||
6 | Auditor General to consider and the Auditor General may, in | ||||||
7 | its discretion, structure the audit and recommendations to | ||||||
8 | help achieve the goal of a well-functioning and efficient | ||||||
9 | regional public transportation system. | ||||||
10 | (c) The Auditor General and the Authority shall coordinate | ||||||
11 | the timing of performance audits such that the findings will | ||||||
12 | be available to the Authority at the time when it begins | ||||||
13 | preparation of its Strategic Plan and Five-Year Capital | ||||||
14 | Program. The Authority shall reimburse the Auditor General for | ||||||
15 | the costs incurred in conducting the performance audits. | ||||||
16 | Section 5.16. Audits of transportation agencies. The | ||||||
17 | Authority may conduct management, performance, financial, and | ||||||
18 | infrastructure condition audits of transportation agencies | ||||||
19 | that receive funds from the Authority. Transportation agencies | ||||||
20 | shall cooperate fully with audits conducted pursuant to this | ||||||
21 | Section and act on the findings and recommendations contained | ||||||
22 | in such audits as directed by the Authority. Copies of audits | ||||||
23 | shall be supplied to the Governor and the General Assembly and | ||||||
24 | made available for review by the public subject to any | ||||||
25 | redactions as required or permitted by applicable law. |
| |||||||
| |||||||
1 | Section 5.17. Transparency and accountability portal. | ||||||
2 | (a) As used in this Section: | ||||||
3 | "CHI-TAP" means the Greater Chicago Mass Transit | ||||||
4 | Transparency and Accountability Portal. | ||||||
5 | "Contracts" means payment obligations with vendors on file | ||||||
6 | to purchase goods and services exceeding $10,000 in value. | ||||||
7 | "Recipients" means the Authority or transportation | ||||||
8 | agencies. | ||||||
9 | (b) The Authority shall maintain a website, known as the | ||||||
10 | Greater Chicago Mass Transit Transparency and Accountability | ||||||
11 | Portal, and shall be tasked with compiling and updating the | ||||||
12 | CHI-TAP database with information received by the Authority. | ||||||
13 | (c) The CHI-TAP shall provide direct access to each of the | ||||||
14 | following: | ||||||
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; |
| |||||||
| |||||||
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 | ||||||
15 | be published by subsection (c) in a format the Authority can | ||||||
16 | compile and publish on the CHI-TAP. The Authority shall update | ||||||
17 | the CHI-TAP at least once every 30 days as additional | ||||||
18 | information becomes available. | ||||||
19 | Section 5.18. Financial statements and annual reports. | ||||||
20 | (a) Within 6 months after the end of each fiscal year, the | ||||||
21 | Board shall prepare a complete and detailed report of the | ||||||
22 | audit of the Authority and reviewing the state of the | ||||||
23 | Authority and of the public transportation provided by | ||||||
24 | transportation agencies. | ||||||
25 | (b) The report shall include evaluations of public |
| |||||||
| |||||||
1 | transportation in the metropolitan region and of the | ||||||
2 | Authority's activities and financial statements of the | ||||||
3 | Authority's revenues and expenditures for such year and of its | ||||||
4 | assets and liabilities. The financial statements must be | ||||||
5 | audited by an independent certified public accountant. | ||||||
6 | (c) The report shall also set forth the financial results | ||||||
7 | as reported by each transportation agency that, during such | ||||||
8 | year, had a purchase of service or grant agreement with the | ||||||
9 | Authority or that received financial assistance from the | ||||||
10 | Authority. The results shall be set forth separately for each | ||||||
11 | such transportation agency. | ||||||
12 | (d) The report shall be published on the Authority's | ||||||
13 | website. A sufficient number of copies of each annual report | ||||||
14 | shall be printed for distribution to anyone, upon request, and | ||||||
15 | a copy of the report shall be filed with the Governor, the | ||||||
16 | State Comptroller, the Speaker and Minority Leader of the | ||||||
17 | House of Representatives, the President and Minority Leader of | ||||||
18 | the Senate, the Mayor of the City of Chicago, the President or | ||||||
19 | Chair of the county board of each county in the metropolitan | ||||||
20 | region, and each transportation agency which, during such | ||||||
21 | year, had a purchase of service agreement with the Authority | ||||||
22 | or which received financial grants or other financial | ||||||
23 | assistance from the Authority. | ||||||
24 | Section 5.19. Opt out. | ||||||
25 | (a) Notwithstanding any other provision of this Act, if |
| |||||||
| |||||||
1 | the county board of the County of DuPage, Kane, Lake, McHenry, | ||||||
2 | or Will by ordinance authorizes that such county shall elect | ||||||
3 | to terminate the powers of the Authority in that county, the | ||||||
4 | secretary of that county board shall certify that proposition | ||||||
5 | to the proper election officials, who shall submit such | ||||||
6 | proposition at an election in accordance with the general | ||||||
7 | election law to decide whether that county shall opt out. | ||||||
8 | (b) The form of the ballot to be used at the referendum | ||||||
9 | shall be substantially as follows: | ||||||
10 | ---------------------------
| ||||||
11 | Shall ..... County terminate
| ||||||
12 | the powers of the Metropolitan YES
| ||||||
13 | Mobility Authority ---------------------------------
| ||||||
14 | in .... County NO
| ||||||
15 | on ..... (date)
| ||||||
16 | ------------------------------------------------------------- | ||||||
17 | (c) If a majority of the voters vote in favor of | ||||||
18 | terminating the powers of the Authority, then all of the | ||||||
19 | powers of the Authority shall terminate in that county on the | ||||||
20 | date stated in the referendum, except those powers and | ||||||
21 | functions that the Authority determines to be necessary to | ||||||
22 | exercise 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 |
| |||||||
| |||||||
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 | ||||||
8 | referred to in subsection (a) with respect to a county shall | ||||||
9 | occur on approval of the referendum by the electors provided | ||||||
10 | on or prior to the date of such termination specified in the | ||||||
11 | referendum, 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 |
| |||||||
| |||||||
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 | ||||||
13 | Authority at a referendum held under subsection (a), the | ||||||
14 | county board shall notify the Authority of the results of the | ||||||
15 | referendum, including the termination date in the referendum, | ||||||
16 | which shall be the last day of a calendar month. Unless the | ||||||
17 | termination date is extended by mutual agreement between the | ||||||
18 | county and the Authority, the termination of the powers and | ||||||
19 | functions of the Authority in the county shall occur at | ||||||
20 | midnight on the termination date if the requirements of this | ||||||
21 | Section have been met. | ||||||
22 | (f) The proceeds of taxes imposed by the Authority under | ||||||
23 | Sections 6.02 and 6.03 collected after the termination date | ||||||
24 | within a county in which the powers of the Authority have been | ||||||
25 | terminated under this Section shall be used by the Authority | ||||||
26 | to support commuter rail services attributable to that county, |
| |||||||
| |||||||
1 | as determined by the Authority. Any proceeds which are in | ||||||
2 | excess of that necessary to support such services shall be | ||||||
3 | paid by the Authority to that county to be expended for public | ||||||
4 | transportation purposes in accordance with law. If no commuter | ||||||
5 | rail services under the jurisdiction of the Authority are | ||||||
6 | provided in a county in which the powers of the Authority have | ||||||
7 | been terminated under this Section, all proceeds of taxes | ||||||
8 | imposed by the Authority in the county shall be paid by the | ||||||
9 | Authority to the county to be expended for public | ||||||
10 | transportation 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 | ||||||
14 | grants, loans, or other funds from the State of Illinois or a | ||||||
15 | department or agency thereof, from any unit of local | ||||||
16 | government, or from the federal government or a department or | ||||||
17 | agency thereof for use in connection with any of the powers or | ||||||
18 | purposes of the Authority as set forth in this Act. The | ||||||
19 | Authority shall have power to make such studies as may be | ||||||
20 | necessary and to enter into contracts or agreements with the | ||||||
21 | State of Illinois or any department or agency thereof, with | ||||||
22 | any unit of local government, or with the federal government | ||||||
23 | or a department or agency thereof concerning such grants, | ||||||
24 | loans, or other funds, or any conditions relating thereto, |
| |||||||
| |||||||
1 | including obligations to repay such funds. The Authority may | ||||||
2 | make such covenants concerning such grants, loans, and funds | ||||||
3 | as it deems proper and necessary in carrying out its | ||||||
4 | responsibilities, purposes, and powers as provided in this | ||||||
5 | Act. | ||||||
6 | (b) The Authority is designated the primary public body in | ||||||
7 | the metropolitan region with authority to apply for and | ||||||
8 | receive grants, loans, or other funds relating to public | ||||||
9 | transportation programs from the State of Illinois or a | ||||||
10 | department or agency thereof, or from the federal government | ||||||
11 | or a department or agency thereof. A unit of local government | ||||||
12 | or transportation agency may apply for and receive any such | ||||||
13 | federal or state capital grants, loans or other funds. A unit | ||||||
14 | of local government or transportation agency shall notify the | ||||||
15 | Authority and the Chicago Metropolitan Agency for Planning | ||||||
16 | prior to making any such application and shall file a copy of | ||||||
17 | the application with the Authority and Agency. Nothing in this | ||||||
18 | Section shall be construed to impose any limitation on the | ||||||
19 | ability of the State of Illinois or a department or agency | ||||||
20 | thereof, a unit of local government or transportation agency | ||||||
21 | to make a grant or to enter into an agreement or contract with | ||||||
22 | the National Rail Passenger Corporation. Nor shall anything in | ||||||
23 | this Section impose any limitation on the ability of any | ||||||
24 | school district to apply for or receive a grant, loan, or other | ||||||
25 | funds for transportation of school children. |
| |||||||
| |||||||
1 | Section 6.02. Taxes. | ||||||
2 | (a) In order to carry out any of the powers or purposes of | ||||||
3 | the Authority, the Board may, by ordinance adopted by the then | ||||||
4 | Directors, impose throughout the metropolitan region any or | ||||||
5 | all of the taxes provided in this Section. Except as otherwise | ||||||
6 | provided in this Act, taxes imposed under this Section and | ||||||
7 | civil penalties imposed incident thereto shall be collected | ||||||
8 | and enforced by the Department of Revenue. The Department may | ||||||
9 | administer and enforce the taxes and to determine all rights | ||||||
10 | for refunds for erroneous payments of the taxes. | ||||||
11 | (b) The Board may impose a public transportation tax upon | ||||||
12 | all persons engaged in the metropolitan region in the business | ||||||
13 | of selling retail motor fuel for operation of motor vehicles | ||||||
14 | upon public highways. The tax shall be at a rate not to exceed | ||||||
15 | 5% of the gross receipts from the sales of motor fuel in the | ||||||
16 | course of the business. The Board may provide details of the | ||||||
17 | tax. The provisions of any tax shall conform, as closely as may | ||||||
18 | be practicable, to the provisions of the Non-Home Rule | ||||||
19 | Municipal Retailers' Occupation Tax Act, including, without | ||||||
20 | limitation, conformity to penalties with respect to the tax | ||||||
21 | imposed and as to the powers of the Department of Revenue to | ||||||
22 | adopt and enforcing rules and regulations relating to the | ||||||
23 | administration and enforcement of the provisions of the tax | ||||||
24 | imposed, except that reference in that Act to any municipality | ||||||
25 | shall refer to the Authority and the tax shall be imposed only | ||||||
26 | with regard to receipts from sales of motor fuel in the |
| |||||||
| |||||||
1 | metropolitan 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 | ||||||
4 | the metropolitan region motor fuel for the operation of a | ||||||
5 | motor vehicle upon public highways at a rate not in excess of | ||||||
6 | the rate of tax imposed under subsection (b). The Board may | ||||||
7 | provide details of the tax. | ||||||
8 | (d) The Board may impose a motor vehicle parking tax upon | ||||||
9 | the privilege of parking motor vehicles at off-street parking | ||||||
10 | facilities in the metropolitan region at which a fee is | ||||||
11 | charged, may provide for reasonable classifications in and | ||||||
12 | exemptions to the tax for administration and enforcement | ||||||
13 | thereof and for civil penalties and refunds thereunder, and | ||||||
14 | may provide criminal penalties thereunder, the maximum | ||||||
15 | penalties not to exceed the maximum criminal penalties | ||||||
16 | provided in the Retailers' Occupation Tax Act. The Authority | ||||||
17 | may collect and enforce the tax itself or by contract with any | ||||||
18 | unit of local government. The Department of Revenue shall have | ||||||
19 | no responsibility for the collection and enforcement unless | ||||||
20 | the Department agrees with the Authority to undertake the | ||||||
21 | collection and enforcement. As used in this subsection, | ||||||
22 | "parking facility" means a parking area or structure having | ||||||
23 | parking spaces for more than 2 vehicles at which motor | ||||||
24 | vehicles are permitted to park in return for an hourly, daily, | ||||||
25 | or other periodic fee, whether publicly or privately owned, | ||||||
26 | but does not include parking spaces on a public street, the use |
| |||||||
| |||||||
1 | of which is regulated by parking meters. | ||||||
2 | (e) The Board may impose a Metropolitan Mobility Authority | ||||||
3 | Retailers' Occupation Tax upon all persons engaged in the | ||||||
4 | business of selling tangible personal property at retail in | ||||||
5 | the metropolitan region. In Cook County, the tax rate shall be | ||||||
6 | 1.25% of the gross receipts from sales of tangible personal | ||||||
7 | property taxed at the 1% rate under the Retailers' Occupation | ||||||
8 | Tax Act and 1% of the gross receipts from other taxable sales | ||||||
9 | made in the course of that business. In DuPage, Kane, Lake, | ||||||
10 | McHenry, and Will counties, the tax rate shall be 0.75% of the | ||||||
11 | gross receipts from all taxable sales made in the course of | ||||||
12 | that business. However, the rate of tax imposed in DuPage, | ||||||
13 | Kane, Lake, McHenry, and Will counties under this Section on | ||||||
14 | sales of aviation fuel shall be 0.25% unless the Authority in | ||||||
15 | DuPage, Kane, Lake, McHenry, and Will counties has an | ||||||
16 | airport-related purpose and the additional 0.50% of the 0.75% | ||||||
17 | tax on aviation fuel is expended for airport-related purposes. | ||||||
18 | If there is no airport-related purpose to which aviation fuel | ||||||
19 | tax revenue is dedicated, then aviation fuel is excluded from | ||||||
20 | the additional 0.50% of the 0.75% tax. The tax imposed under | ||||||
21 | this Section and all civil penalties that may be assessed as an | ||||||
22 | incident thereof shall be collected and enforced by the | ||||||
23 | Department of Revenue. The Department has full power to | ||||||
24 | administer and enforce this Section; to collect all taxes and | ||||||
25 | penalties so collected in the manner provided in this | ||||||
26 | subsection; and to determine all rights to credit memoranda |
| |||||||
| |||||||
1 | arising on account of the erroneous payment of tax or penalty | ||||||
2 | under this Section. In the administration of and compliance | ||||||
3 | with this Section, the Department and persons who are subject | ||||||
4 | to this Section shall have the same rights, remedies, | ||||||
5 | privileges, immunities, powers, and duties, and be subject to | ||||||
6 | the same conditions, restrictions, limitations, penalties, | ||||||
7 | exclusions, exemptions, and definitions of terms, and employ | ||||||
8 | the same modes of procedure, as are prescribed in Sections 1, | ||||||
9 | 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to | ||||||
10 | all provisions therein other than the State rate of tax), 2c, 3 | ||||||
11 | (except as to the disposition of taxes and penalties | ||||||
12 | collected, and except that the retailer's discount is not | ||||||
13 | allowed for taxes paid on aviation fuel that are subject to the | ||||||
14 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
15 | 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, | ||||||
16 | 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the | ||||||
17 | Retailers' Occupation Tax Act and Section 3-7 of the Uniform | ||||||
18 | Penalty and Interest Act, as fully as if those provisions were | ||||||
19 | set forth in this Section. | ||||||
20 | (f) The Board and DuPage, Kane, Lake, McHenry, and Will | ||||||
21 | counties must comply with the certification requirements for | ||||||
22 | airport-related purposes under Section 2-22 of the Retailers' | ||||||
23 | Occupation Tax Act. This exclusion for aviation fuel only | ||||||
24 | applies for so long as the revenue use requirements of 49 | ||||||
25 | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the | ||||||
26 | Authority. |
| |||||||
| |||||||
1 | (g) Persons subject to any tax imposed under the authority | ||||||
2 | granted in this Section may reimburse themselves for their | ||||||
3 | seller's tax liability hereunder by separately stating the tax | ||||||
4 | as an additional charge, which charge may be stated in | ||||||
5 | combination in a single amount with State taxes that sellers | ||||||
6 | are required to collect under the Use Tax Act, under any | ||||||
7 | bracket schedules the Department may prescribe. | ||||||
8 | (h) Whenever the Department determines that a refund | ||||||
9 | should be made under this Section to a claimant instead of | ||||||
10 | issuing a credit memorandum, the Department shall notify the | ||||||
11 | State Comptroller, who shall cause the warrant to be drawn for | ||||||
12 | the amount specified, and to the person named, in the | ||||||
13 | notification from the Department. The State Treasurer shall | ||||||
14 | pay the refund out of the Metropolitan Mobility Authority | ||||||
15 | Occupation and Use Tax Replacement Fund or the Local | ||||||
16 | Government Aviation Trust Fund, as appropriate. | ||||||
17 | (i) If a tax is imposed under subsection (e), a tax shall | ||||||
18 | also be imposed under subsections (m) and (r). | ||||||
19 | (j) For the purpose of determining whether a tax | ||||||
20 | authorized under this Section is applicable, a retail sale by | ||||||
21 | a producer of coal or other mineral mined in Illinois is a sale | ||||||
22 | at retail at the place where the coal or other mineral mined in | ||||||
23 | Illinois is extracted from the earth. This subsection does not | ||||||
24 | apply to coal or other minerals when it is delivered or shipped | ||||||
25 | by the seller to the purchaser at a point outside Illinois so | ||||||
26 | that the sale is exempt under the United States Constitution |
| |||||||
| |||||||
1 | as a sale in interstate or foreign commerce. | ||||||
2 | (k) A tax may not be imposed or collected under this | ||||||
3 | Section on the sale of a motor vehicle in this State to a | ||||||
4 | resident of another state if that motor vehicle will not be | ||||||
5 | titled in this State. | ||||||
6 | (l) Nothing in this Section shall be construed to | ||||||
7 | authorize the Authority to impose a tax upon the privilege of | ||||||
8 | engaging in any business that under the United States | ||||||
9 | Constitution may not be made the subject of taxation by this | ||||||
10 | State. | ||||||
11 | (m) If a tax has been imposed under subsection (e), a | ||||||
12 | Metropolitan Mobility Authority Service Occupation Tax shall | ||||||
13 | also be imposed upon all persons engaged in the metropolitan | ||||||
14 | region in the business of making sales of service who, as an | ||||||
15 | incident to making the sales of service, transfer tangible | ||||||
16 | personal property within the metropolitan region, either in | ||||||
17 | the form of tangible personal property or in the form of real | ||||||
18 | estate as an incident to a sale of service. In Cook County, the | ||||||
19 | tax rate shall be: (1) 1.25% of the serviceman's cost price of | ||||||
20 | food prepared for immediate consumption and transferred | ||||||
21 | incident to a sale of service subject to the service | ||||||
22 | occupation tax by an entity licensed under the Hospital | ||||||
23 | Licensing Act, the Nursing Home Care Act, the Specialized | ||||||
24 | Mental Health Rehabilitation Act of 2013, the ID/DD Community | ||||||
25 | Care Act, or the MC/DD Act that is located in the metropolitan | ||||||
26 | region; (2) 1.25% of the selling price of tangible personal |
| |||||||
| |||||||
1 | property taxed at the 1% rate under the Service Occupation Tax | ||||||
2 | Act; and (3) 1% of the selling price from other taxable sales | ||||||
3 | of tangible personal property transferred. In DuPage, Kane, | ||||||
4 | Lake, McHenry, and Will counties, the rate shall be 0.75% of | ||||||
5 | the selling price of all tangible personal property | ||||||
6 | transferred. However, the rate of tax imposed in DuPage, Kane, | ||||||
7 | Lake, McHenry, and Will counties under this Section on sales | ||||||
8 | of aviation fuel shall be 0.25% unless the Authority in | ||||||
9 | DuPage, Kane, Lake, McHenry, and Will counties has an | ||||||
10 | airport-related purpose and the additional 0.50% of the 0.75% | ||||||
11 | tax on aviation fuel is expended for airport-related purposes. | ||||||
12 | If there is no airport-related purpose to which aviation fuel | ||||||
13 | tax revenue is dedicated, then aviation fuel is excluded from | ||||||
14 | the additional 0.5% of the 0.75% tax. | ||||||
15 | (n) The tax imposed under subsection (m) and all civil | ||||||
16 | penalties that may be assessed as an incident thereof shall be | ||||||
17 | collected and enforced by the Department of Revenue. The | ||||||
18 | Department has full power to administer and enforce subsection | ||||||
19 | (m); to collect all taxes and penalties due hereunder; to | ||||||
20 | dispose of taxes and penalties collected in the manner | ||||||
21 | hereinafter provided; and to determine all rights to credit | ||||||
22 | memoranda arising on account of the erroneous payment of tax | ||||||
23 | or penalty hereunder. In the administration of and compliance | ||||||
24 | with this subsection, the Department and persons who are | ||||||
25 | subject to this subsection shall have the same rights, | ||||||
26 | remedies, privileges, immunities, powers, and duties, and be |
| |||||||
| |||||||
1 | subject to the same conditions, restrictions, limitations, | ||||||
2 | penalties, exclusions, exemptions, and definitions of terms, | ||||||
3 | and employ the same modes of procedure, as are prescribed in | ||||||
4 | Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all | ||||||
5 | provisions therein other than the State rate of tax), 4 | ||||||
6 | (except that the reference to the State shall be to the | ||||||
7 | Authority), 5, 7, 8 (except that the jurisdiction to which the | ||||||
8 | tax shall be a debt to the extent indicated in that Section 8 | ||||||
9 | shall be the Authority), 9 (except as to the disposition of | ||||||
10 | taxes and penalties collected, and except that the returned | ||||||
11 | merchandise credit for this tax may not be taken against any | ||||||
12 | State tax, and except that the retailer's discount is not | ||||||
13 | allowed for taxes paid on aviation fuel that are subject to the | ||||||
14 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
15 | 47133), 10, 11, 12 (except the reference therein to Section 2b | ||||||
16 | of the Retailers' Occupation Tax Act), 13 (except that any | ||||||
17 | reference to the State means the Authority), the first | ||||||
18 | paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service | ||||||
19 | Occupation Tax Act and Section 3-7 of the Uniform Penalty and | ||||||
20 | Interest Act, as fully as if those provisions were set forth in | ||||||
21 | this Section. | ||||||
22 | (o) Persons subject to any tax imposed under subsection | ||||||
23 | (m) may reimburse themselves for their serviceman's tax | ||||||
24 | liability hereunder by separately stating the tax as an | ||||||
25 | additional charge, that charge may be stated in combination in | ||||||
26 | a single amount with State tax that servicemen are authorized |
| |||||||
| |||||||
1 | to collect under the Service Use Tax Act, under any bracket | ||||||
2 | schedules the Department may prescribe. | ||||||
3 | (p) Whenever the Department determines that a refund | ||||||
4 | should be made under subsection (m) to a claimant instead of | ||||||
5 | issuing a credit memorandum, the Department shall notify the | ||||||
6 | State Comptroller, who shall cause the warrant to be drawn for | ||||||
7 | the amount specified, and to the person named in the | ||||||
8 | notification from the Department. The State Treasurer shall | ||||||
9 | pay the refund out of the Metropolitan Mobility Authority | ||||||
10 | Occupation and Use Tax Replacement Fund established under | ||||||
11 | subsection (cc) or the Local Government Aviation Trust Fund, | ||||||
12 | as appropriate. | ||||||
13 | (q) Nothing in this Section shall be construed to | ||||||
14 | authorize the Authority to impose a tax upon the privilege of | ||||||
15 | engaging in any business that under the Constitution of the | ||||||
16 | United States may not be made the subject of taxation by the | ||||||
17 | State. | ||||||
18 | (r) If a tax has been imposed under subsection (e), a tax | ||||||
19 | shall also be imposed upon the privilege of using in the | ||||||
20 | metropolitan region, any item of tangible personal property | ||||||
21 | that is purchased outside the metropolitan region at retail | ||||||
22 | from a retailer, and that is titled or registered with an | ||||||
23 | agency of this State's government. In Cook County, the tax | ||||||
24 | rate shall be 1% of the selling price of the tangible personal | ||||||
25 | property, as "selling price" is defined in the Use Tax Act. In | ||||||
26 | DuPage, Kane, Lake, McHenry, and Will counties, the tax rate |
| |||||||
| |||||||
1 | shall be 0.75% of the selling price of the tangible personal | ||||||
2 | property, as "selling price" is defined in the Use Tax Act. The | ||||||
3 | tax shall be collected from persons whose Illinois address for | ||||||
4 | titling or registration purposes is given as being in the | ||||||
5 | metropolitan region. The tax shall be collected by the | ||||||
6 | Department of Revenue for the Authority. The tax must be paid | ||||||
7 | to the State, or an exemption determination must be obtained | ||||||
8 | from the Department of Revenue before the title or certificate | ||||||
9 | of registration for the property may be issued. The tax or | ||||||
10 | proof of exemption may be transmitted to the Department by way | ||||||
11 | of the State agency with which, or the State officer with whom, | ||||||
12 | the tangible personal property must be titled or registered if | ||||||
13 | the Department and the State agency or State officer determine | ||||||
14 | that this procedure will expedite the processing of | ||||||
15 | applications for title or registration. | ||||||
16 | (s) The Department has full power to administer and | ||||||
17 | enforce subsection (r); to collect all taxes, penalties, and | ||||||
18 | interest due hereunder; to dispose of taxes, penalties, and | ||||||
19 | interest collected in the manner hereinafter provided; and to | ||||||
20 | determine all rights to credit memoranda or refunds arising on | ||||||
21 | account of the erroneous payment of tax, penalty, or interest | ||||||
22 | hereunder. In the administration of and compliance with this | ||||||
23 | subsection, the Department and persons who are subject to this | ||||||
24 | subsection shall have the same rights, remedies, privileges, | ||||||
25 | immunities, powers, and duties, and be subject to the same | ||||||
26 | conditions, restrictions, limitations, penalties, exclusions, |
| |||||||
| |||||||
1 | exemptions, and definitions of terms and employ the same modes | ||||||
2 | of procedure, as are prescribed in Sections 2 (except the | ||||||
3 | definition of "retailer maintaining a place of business in | ||||||
4 | this State"), 3 through 3-80 (except provisions pertaining to | ||||||
5 | the State rate of tax, and except provisions concerning | ||||||
6 | collection or refunding of the tax by retailers), 4, 11, 12, | ||||||
7 | 12a, 14, 15, 19 (except the portions pertaining to claims by | ||||||
8 | retailers and except the last paragraph concerning refunds), | ||||||
9 | 20, 21, and 22 of the Use Tax Act, and are not inconsistent | ||||||
10 | with this subsection, as fully as if those provisions were set | ||||||
11 | forth 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 | ||||||
14 | Illinois Vehicle Code, purchased within the metropolitan | ||||||
15 | region by or on behalf of an insurance company to replace a | ||||||
16 | passenger car of an insured person in settlement of a total | ||||||
17 | loss claim. The tax imposed may not become effective before | ||||||
18 | the first day of the month following the passage of the | ||||||
19 | ordinance imposing the tax and receipt of a certified copy of | ||||||
20 | the ordinance by the Department of Revenue. The Department of | ||||||
21 | Revenue shall collect the tax for the Authority in accordance | ||||||
22 | with Sections 3-2002 and 3-2003 of the Illinois Vehicle Code. | ||||||
23 | (u) The Department of Revenue shall immediately pay over | ||||||
24 | to the State Treasurer, ex officio, as trustee, all taxes | ||||||
25 | collected under this Section. | ||||||
26 | (v) As soon as possible after the first day of each month, |
| |||||||
| |||||||
1 | upon certification of the Department of Revenue, the | ||||||
2 | Comptroller shall order transferred, and the Treasurer shall | ||||||
3 | transfer, to the STAR Bonds Revenue Fund the local sales tax | ||||||
4 | increment, as defined in the Innovation Development and | ||||||
5 | Economy Act, collected under this Section during the second | ||||||
6 | preceding calendar month for sales within a STAR bond | ||||||
7 | district. | ||||||
8 | (w) After the monthly transfer to the STAR Bonds Revenue | ||||||
9 | Fund, on or before the 25th day of each calendar month, the | ||||||
10 | Department shall prepare and certify to the Comptroller the | ||||||
11 | disbursement of stated sums of money to the Authority. The | ||||||
12 | amount to be paid to the Authority shall be the amount | ||||||
13 | collected under this Section during the second preceding | ||||||
14 | calendar month by the Department, less any amount determined | ||||||
15 | by the Department to be necessary for the payment of refunds, | ||||||
16 | and less any amounts that are transferred to the STAR Bonds | ||||||
17 | Revenue Fund. Within 10 days after receipt by the Comptroller | ||||||
18 | of the disbursement certification to the Authority provided | ||||||
19 | for in this Section to be given to the Comptroller by the | ||||||
20 | Department, the Comptroller shall cause the orders to be drawn | ||||||
21 | for that amount in accordance with the directions contained in | ||||||
22 | the certification. | ||||||
23 | (x) The Board may not impose any other taxes except as it | ||||||
24 | may from time to time be authorized by law to impose. | ||||||
25 | (y) A certificate of registration issued by the State | ||||||
26 | Department of Revenue to a retailer under the Retailers' |
| |||||||
| |||||||
1 | Occupation Tax Act or under the Service Occupation Tax Act | ||||||
2 | shall permit the registrant to engage in a business that is | ||||||
3 | taxed under the tax imposed under subsection (b), (e), (bb), | ||||||
4 | or (r) and no additional registration shall be required under | ||||||
5 | the tax. A certificate issued under the Use Tax Act or the | ||||||
6 | Service Use Tax Act shall be applicable with regard to any tax | ||||||
7 | imposed under subsection (c). | ||||||
8 | (z) The provisions of any tax imposed under subsection (c) | ||||||
9 | shall conform as closely as may be practicable to the | ||||||
10 | provisions of the Use Tax Act, including, without limitation, | ||||||
11 | conformity as to penalties with respect to the tax imposed and | ||||||
12 | as to the powers of the Department of Revenue to adopt and | ||||||
13 | enforce rules and regulations relating to the administration | ||||||
14 | and enforcement of the provisions of the tax imposed. The | ||||||
15 | taxes shall be imposed only on use within the metropolitan | ||||||
16 | region and at rates as provided in subsection (b). | ||||||
17 | (aa) The Board, in imposing any tax as provided in | ||||||
18 | subsections (b) and (c), shall, after seeking the advice of | ||||||
19 | the Department of Revenue, provide means for retailers, users, | ||||||
20 | or purchasers of motor fuel for purposes other than those with | ||||||
21 | regard to which the taxes may be imposed as provided in those | ||||||
22 | subsections to receive refunds of taxes improperly paid, which | ||||||
23 | provisions may be at variance with the refund provisions as | ||||||
24 | applicable under the Non-Home Rule Municipal Retailers' | ||||||
25 | Occupation Tax Act. The State Department of Revenue may | ||||||
26 | provide for certificates of registration for users or |
| |||||||
| |||||||
1 | purchasers of motor fuel for purposes other than those with | ||||||
2 | regard to which taxes may be imposed as provided in | ||||||
3 | subsections (b) and (c) to facilitate the reporting and | ||||||
4 | nontaxability of the exempt sales or uses. | ||||||
5 | (bb) An ordinance or resolution imposing, increasing, | ||||||
6 | decreasing, or discontinuing the tax under this Section shall | ||||||
7 | be adopted and a certified copy of the ordinance filed with the | ||||||
8 | Department, whereupon the Department shall proceed to | ||||||
9 | administer and enforce this Section as of the first day of the | ||||||
10 | first month to occur not less than 60 days following such | ||||||
11 | adoption and filing. | ||||||
12 | (cc) Except as otherwise provided in this subsection, the | ||||||
13 | Department of Revenue shall, upon collecting any taxes as | ||||||
14 | provided in this Section, pay the taxes to the State Treasurer | ||||||
15 | as trustee for the Authority. The taxes shall be held in the | ||||||
16 | Metropolitan Mobility Authority Occupation and Use Tax | ||||||
17 | Replacement Fund, a trust fund outside the State treasury. If | ||||||
18 | an airport-related purpose has been certified, taxes and | ||||||
19 | penalties collected in DuPage, Kane, Lake, McHenry, and Will | ||||||
20 | counties on aviation fuel sold from the 0.50% of the 0.75% rate | ||||||
21 | shall be immediately paid over by the Department to the State | ||||||
22 | Treasurer, ex officio, as trustee, for deposit into the Local | ||||||
23 | Government Aviation Trust Fund. The Department shall only pay | ||||||
24 | moneys into the Local Government Aviation Trust Fund under | ||||||
25 | this Act for so long as the revenue use requirements of 49 | ||||||
26 | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the |
| |||||||
| |||||||
1 | Authority. On or before the 25th day of each calendar month, | ||||||
2 | the State Department of Revenue shall prepare and certify to | ||||||
3 | the Comptroller of the State of Illinois and to the Authority | ||||||
4 | (i) the amount of taxes collected in each county other than | ||||||
5 | Cook County in the metropolitan region, (not including, if an | ||||||
6 | airport-related purpose has been certified, the taxes and | ||||||
7 | penalties collected from the 0.50% of the 0.75% rate on | ||||||
8 | aviation fuel that are deposited into the Local Government | ||||||
9 | Aviation Trust Fund) (ii) the amount of taxes collected within | ||||||
10 | the City of Chicago, and (iii) the amount collected in that | ||||||
11 | portion of Cook County outside Chicago, each amount less the | ||||||
12 | amount necessary for the payment of refunds to taxpayers | ||||||
13 | located in those areas described in items (i), (ii), and | ||||||
14 | (iii), and less 1.5% of the remainder, which shall be | ||||||
15 | transferred from the trust fund into the Tax Compliance and | ||||||
16 | Administration Fund. The Department, at the time of each | ||||||
17 | monthly disbursement to the Authority, shall prepare and | ||||||
18 | certify to the State Comptroller the amount to be transferred | ||||||
19 | into the Tax Compliance and Administration Fund under this | ||||||
20 | subsection. Within 10 days after receipt by the Comptroller of | ||||||
21 | the certification of the amounts, the Comptroller shall cause | ||||||
22 | an order to be drawn for the transfer of the amount certified | ||||||
23 | into the Tax Compliance and Administration Fund and the | ||||||
24 | payment of two-thirds of the amounts certified in item (i) of | ||||||
25 | this subsection to the Authority and one-third of the amounts | ||||||
26 | certified in item (i) of this subsection to the respective |
| |||||||
| |||||||
1 | counties other than Cook County and the amount certified in | ||||||
2 | items (ii) and (iii) of this subsection to the Authority. | ||||||
3 | (dd) In addition to the disbursement required by | ||||||
4 | subsection (cc), an allocation shall be made in each year to | ||||||
5 | the Authority. The allocation shall be made in an amount equal | ||||||
6 | to the average monthly distribution during the preceding | ||||||
7 | calendar year (excluding the 2 months of lowest receipts) and | ||||||
8 | the allocation shall include the amount of average monthly | ||||||
9 | distribution from the Metropolitan Mobility Authority | ||||||
10 | Occupation and Use Tax Replacement Fund. The distribution made | ||||||
11 | in each year under this subsection and in subsection (cc) | ||||||
12 | shall be reduced by the amount allocated and disbursed under | ||||||
13 | this subsection in the preceding calendar year. The Department | ||||||
14 | of Revenue shall prepare and certify to the Comptroller for | ||||||
15 | disbursement the allocations made in accordance with this | ||||||
16 | subsection. | ||||||
17 | (ee) The Authority's failure to adopt a budget ordinance | ||||||
18 | or adopt a Five-Year Capital Program shall not affect the | ||||||
19 | validity of any tax imposed by the Authority otherwise in | ||||||
20 | conformity with law. | ||||||
21 | (ff) A public transportation tax or motor vehicle parking | ||||||
22 | tax authorized under subsections (b), (c), and (d) may not be | ||||||
23 | in effect at the same time as any retailers' occupation, use, | ||||||
24 | or service occupation tax authorized under subsections (e), | ||||||
25 | (m), and (r) is in effect. | ||||||
26 | (gg) Any taxes imposed under the authority provided in |
| |||||||
| |||||||
1 | subsections (b), (c), and (d) shall remain in effect only | ||||||
2 | until the time as any tax authorized by subsections (e), (m), | ||||||
3 | and (r) are imposed and becomes effective. Once any tax | ||||||
4 | authorized by subsections (e), (m), and (r) is imposed the | ||||||
5 | Board 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 | ||||||
8 | ordinance of the Board. | ||||||
9 | (hh) Any existing rights, remedies, and obligations, | ||||||
10 | including enforcement by the Authority, arising under any tax | ||||||
11 | imposed under subsections (b), (c), and (d) shall not be | ||||||
12 | affected 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 | ||||||
16 | term in Section 6z-20.2 of the State Finance Act. | ||||||
17 | "Motor fuel" has the meaning given to that term in Section | ||||||
18 | 1.1 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 | ||||||
21 | the business of renting automobiles in the metropolitan region | ||||||
22 | at the rate of not to exceed 1% of the gross receipts from such | ||||||
23 | business within Cook County and not to exceed 0.25% of the | ||||||
24 | gross receipts from such business within the counties of | ||||||
25 | DuPage, Kane, Lake, McHenry, and Will. The tax imposed |
| |||||||
| |||||||
1 | pursuant to this subsection and all civil penalties that may | ||||||
2 | be assessed as an incident thereof shall be collected and | ||||||
3 | enforced by the Department of Revenue. The certificate of | ||||||
4 | registration which is issued by the Department to a retailer | ||||||
5 | under the Retailers' Occupation Tax Act or under the | ||||||
6 | Automobile Renting Occupation and Use Tax Act shall permit | ||||||
7 | such person to engage in a business which is taxable under any | ||||||
8 | ordinance or resolution enacted pursuant to this subsection | ||||||
9 | without registering separately with the Department under such | ||||||
10 | ordinance or resolution or under this subsection. The | ||||||
11 | Department has full power to administer and enforce this | ||||||
12 | subsection; to collect all taxes and penalties due under this | ||||||
13 | subsection; to dispose of taxes and penalties so collected in | ||||||
14 | the manner provided in this subsection, and to determine all | ||||||
15 | rights to credit memoranda, arising on account of the | ||||||
16 | erroneous payment of tax or penalty under this subsection. In | ||||||
17 | the administration of, and compliance with, this subsection, | ||||||
18 | the Department and persons who are subject to this subsection | ||||||
19 | have the same rights, remedies, privileges, immunities, | ||||||
20 | powers, and duties, and are subject to the same conditions, | ||||||
21 | restrictions, limitations, penalties, and definitions of | ||||||
22 | terms, and employ the same modes of procedure, as are | ||||||
23 | prescribed in Sections 2 and 3 (in respect to all provisions | ||||||
24 | therein other than the State rate of tax; and with relation to | ||||||
25 | the provisions of the Retailers' Occupation Tax referred to | ||||||
26 | therein, except as to the disposition of taxes and penalties |
| |||||||
| |||||||
1 | collected, and except for the provision allowing retailers a | ||||||
2 | deduction from the tax cover certain costs, and except that | ||||||
3 | credit memoranda issued hereunder may not be used to discharge | ||||||
4 | any State tax liability) of the Automobile Renting Occupation | ||||||
5 | and Use Tax Act as fully as if provisions contained in those | ||||||
6 | Sections of said Act were set forth in this subsection. | ||||||
7 | Persons subject to any tax imposed pursuant to the authority | ||||||
8 | granted in this paragraph may reimburse themselves for their | ||||||
9 | tax liability under this subsection by separately stating such | ||||||
10 | tax as an additional charge, which charge may be stated in | ||||||
11 | combination, in a single amount, with State tax which sellers | ||||||
12 | are required to collect under the Automobile Renting | ||||||
13 | Occupation and Use Tax Act pursuant to such bracket schedules | ||||||
14 | as the Department may prescribe. Nothing in this subsection | ||||||
15 | shall be construed to authorize the Authority to impose a tax | ||||||
16 | upon the privilege of engaging in any business which under the | ||||||
17 | United States Constitution may not be made the subject of | ||||||
18 | taxation by this State. | ||||||
19 | (b) The Board may impose a tax upon the privilege of using, | ||||||
20 | in the metropolitan region, an automobile which is rented from | ||||||
21 | a renter outside Illinois, and that is titled or registered | ||||||
22 | with an agency of this State's government, at a rate not to | ||||||
23 | exceed 1% of the rental price of such automobile within Cook | ||||||
24 | County, and not to exceed 0.25% of the rental price within the | ||||||
25 | counties of DuPage, Kane, Lake, McHenry, and Will. Such tax | ||||||
26 | shall be collected from persons whose Illinois address for |
| |||||||
| |||||||
1 | titling or registration purposes is given as being in the | ||||||
2 | metropolitan region. Such tax shall be collected by the | ||||||
3 | Department of Revenue for the Authority. Such tax must be paid | ||||||
4 | to the State, or an exemption determination must be obtained | ||||||
5 | from the Department of Revenue before the title or certificate | ||||||
6 | of registration for the property may be issued. The tax or | ||||||
7 | proof of exemption may be transmitted to the Department by way | ||||||
8 | of the State agency with which, or State officer with whom the | ||||||
9 | tangible personal property must be titled or registered if the | ||||||
10 | Department and such agency or State officer determine that | ||||||
11 | this procedure will expedite the processing of applications | ||||||
12 | for title or registration. The Department has full power to | ||||||
13 | administer and enforce this subsection; to collect all taxes, | ||||||
14 | penalties and interest due under this subsection; to dispose | ||||||
15 | of taxes, penalties, and interest so collected in the manner | ||||||
16 | provided in this subsection, and to determine all rights to | ||||||
17 | credit memoranda or refunds arising on account of the | ||||||
18 | erroneous payment of tax, penalty, or interest under this | ||||||
19 | subsection. In the administration of, and compliance with, | ||||||
20 | this subsection, the Department and persons who are subject to | ||||||
21 | this paragraph have the same rights, remedies, privileges, | ||||||
22 | immunities, powers, and duties, and are subject to the same | ||||||
23 | conditions, restrictions, limitations, penalties, and | ||||||
24 | definitions of terms, and employ the same modes of procedure, | ||||||
25 | as are prescribed in Sections 2 and 4 (except provisions | ||||||
26 | pertaining to the State rate of tax; and with relation to the |
| |||||||
| |||||||
1 | provisions of the Use Tax Act referred to therein, except | ||||||
2 | provisions concerning collection or refunding of the tax by | ||||||
3 | retailers, and except the provisions of Section 19 pertaining | ||||||
4 | to claims by retailers and except the last paragraph | ||||||
5 | concerning refunds, and except that credit memoranda issued | ||||||
6 | hereunder may not be used to discharge any State tax | ||||||
7 | liability) of the Automobile Renting Occupation and Use Tax | ||||||
8 | Act which are not inconsistent with this subsection, as fully | ||||||
9 | as if provisions contained in those Sections of said Act were | ||||||
10 | set forth in this subsection. | ||||||
11 | (c) Whenever the Department determines that a refund | ||||||
12 | should be made under this Section to a claimant instead of | ||||||
13 | issuing a credit memorandum, the Department shall notify the | ||||||
14 | State Comptroller, who shall cause the order to be drawn for | ||||||
15 | the amount specified, and to the person named, in such | ||||||
16 | notification from the Department. Such refund shall be paid by | ||||||
17 | the State Treasurer out of the Metropolitan Mobility Authority | ||||||
18 | Occupation and Use Tax Replacement Fund created under Section | ||||||
19 | 6.02. | ||||||
20 | (d) The Department shall forthwith pay over to the State | ||||||
21 | Treasurer, ex officio, as trustee, all taxes, penalties and | ||||||
22 | interest collected under this Section. On or before the 25th | ||||||
23 | day of each calendar month, the Department shall prepare and | ||||||
24 | certify to the State Comptroller the amount to be paid to the | ||||||
25 | Authority. The State Department of Revenue shall also certify | ||||||
26 | to the Authority the amount of taxes collected in each county |
| |||||||
| |||||||
1 | other than Cook County in the metropolitan region less the | ||||||
2 | amount necessary for the payment of refunds to taxpayers in | ||||||
3 | such county. With regard to Cook County, the certification | ||||||
4 | shall specify the amount of taxes collected within the City of | ||||||
5 | Chicago less the amount necessary for the payment of refunds | ||||||
6 | to taxpayers in the City of Chicago and the amount collected in | ||||||
7 | that portion of Cook County outside the City of Chicago less | ||||||
8 | the amount necessary for the payment of refunds to taxpayers | ||||||
9 | in that portion of Cook County outside the City of Chicago. The | ||||||
10 | amount to be paid to the Authority shall be the amount, not | ||||||
11 | including credit memoranda, collected under this Section | ||||||
12 | during the second preceding calendar month by the Department, | ||||||
13 | and not including an amount equal to the amount of refunds made | ||||||
14 | during the second preceding calendar month by the Department | ||||||
15 | on behalf of the Authority. Within 10 days after receipt by the | ||||||
16 | State Comptroller of the disbursement certification to the | ||||||
17 | Authority, the State Comptroller shall cause the orders to be | ||||||
18 | drawn in accordance with the directions contained in such | ||||||
19 | certification. | ||||||
20 | (e) An ordinance imposing a tax under this Section or | ||||||
21 | effecting a change in the rate of the tax shall be effective on | ||||||
22 | the first day of the calendar month next following the month in | ||||||
23 | which such ordinance is passed. The Board shall transmit to | ||||||
24 | the Department of Revenue on or not later than 5 days after | ||||||
25 | passage of the ordinance a certified copy of the ordinance | ||||||
26 | imposing such tax whereupon the Department of Revenue shall |
| |||||||
| |||||||
1 | proceed to administer and enforce this Section on behalf of | ||||||
2 | the Authority as of the effective date of the ordinance. Upon a | ||||||
3 | change in rate of a tax levied hereunder, or upon the | ||||||
4 | discontinuance of the tax, the Board shall, on or not later | ||||||
5 | than 5 days after passage of the ordinance discontinuing the | ||||||
6 | tax or effecting a change in rate, transmit to the Department | ||||||
7 | of Revenue a certified copy of the ordinance effecting such | ||||||
8 | change or discontinuance. | ||||||
9 | Section 6.04. Distribution of revenues. | ||||||
10 | (a) This Section applies only after the Department begins | ||||||
11 | administering and enforcing an increased tax under subsection | ||||||
12 | (bb) of Section 6.02 as authorized by this Act. After | ||||||
13 | providing for payment of its obligations with respect to bonds | ||||||
14 | and notes issued under the provisions of Section 6.05 and | ||||||
15 | obligations related to those bonds and notes and separately | ||||||
16 | accounting for the tax on aviation fuel deposited into the | ||||||
17 | Local Government Aviation Trust Fund, the Authority shall | ||||||
18 | disburse the remaining proceeds from taxes it has received | ||||||
19 | from the Department of Revenue under this Article VI and the | ||||||
20 | remaining proceeds it has received from the State under | ||||||
21 | subsection (a) of Section 6.08 among the Authority programs. | ||||||
22 | (b) The Authority shall allocate among the Authority | ||||||
23 | programs money received by the Authority on account of | ||||||
24 | transfers to the Metropolitan Mobility Authority Occupation | ||||||
25 | and Use Tax Replacement Fund from the State and Local Sales Tax |
| |||||||
| |||||||
1 | Reform Fund. | ||||||
2 | (c) The Authority shall allocate money received from the | ||||||
3 | State under subsection (a) of Section 6.08 among the Authority | ||||||
4 | programs. | ||||||
5 | (d) The Authority shall allocate funds provided by the | ||||||
6 | State of Illinois under subsection (cc) of Section 6.02 among | ||||||
7 | the Authority programs. | ||||||
8 | (e) With respect to those taxes collected in DuPage, Kane, | ||||||
9 | Lake, McHenry, and Will counties and paid directly to the | ||||||
10 | counties under Section 6.02, the county board of each county | ||||||
11 | shall use those amounts to fund operating and capital costs of | ||||||
12 | public safety and public transportation services or facilities | ||||||
13 | or to fund operating, capital, right-of-way, construction, and | ||||||
14 | maintenance costs of other transportation purposes, including | ||||||
15 | road, bridge, public safety, and transit purposes intended to | ||||||
16 | improve mobility or reduce congestion in the county. The | ||||||
17 | receipt of funding by such counties pursuant to this | ||||||
18 | subsection may not be used as the basis for reducing any funds | ||||||
19 | that such counties would otherwise have received from the | ||||||
20 | State of Illinois, any agency or instrumentality thereof, or | ||||||
21 | the Authority. | ||||||
22 | Section 6.05. Issuance and pledge of bonds and notes. | ||||||
23 | (a) The Authority may borrow money and issue its | ||||||
24 | negotiable bonds or notes as provided in this Section. Unless | ||||||
25 | otherwise indicated in this Section, the term "notes" also |
| |||||||
| |||||||
1 | includes bond anticipation notes, which are notes which by | ||||||
2 | their terms provide for their payment from the proceeds of | ||||||
3 | bonds thereafter to be issued. | ||||||
4 | (b) Bonds or notes of the Authority may be issued for any | ||||||
5 | or 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 |
| |||||||
| |||||||
1 | self-insurance plan or joint self-insurance pool or | ||||||
2 | entity. | ||||||
3 | (c) In addition to any other borrowing as may be | ||||||
4 | authorized by this Section, the Authority may issue its notes, | ||||||
5 | from time to time, in anticipation of tax receipts of the | ||||||
6 | Authority or of other revenues or receipts of the Authority, | ||||||
7 | in order to provide money for the Authority to cover any cash | ||||||
8 | flow deficit which the Authority anticipates incurring. Any | ||||||
9 | such notes are referred to in this Section as "working cash | ||||||
10 | notes". | ||||||
11 | (d) Working cash notes may not be issued for a term of | ||||||
12 | longer than 24 months. | ||||||
13 | (e) Proceeds of working cash notes may be used to pay | ||||||
14 | day-to-day operating expenses of the Authority, consisting of | ||||||
15 | wages, salaries, and fringe benefits, professional and | ||||||
16 | technical services, including legal, audit, engineering, and | ||||||
17 | other consulting services, office rental, furniture, fixtures | ||||||
18 | and equipment, insurance premiums, claims for self-insured | ||||||
19 | amounts under insurance policies, public utility obligations | ||||||
20 | for telephone, light, heat, and similar items, travel | ||||||
21 | expenses, office supplies, postage, dues, subscriptions, | ||||||
22 | public hearings and information expenses, fuel purchases, and | ||||||
23 | payments of grants and payments under purchase of service | ||||||
24 | agreements for operations of transportation agencies, prior to | ||||||
25 | the receipt by the Authority from time to time of funds for | ||||||
26 | paying such expenses. |
| |||||||
| |||||||
1 | (f) The Authority may issue notes or bonds to pay, refund, | ||||||
2 | or redeem any of its notes and bonds, including to pay | ||||||
3 | redemption premiums or accrued interest on such bonds or notes | ||||||
4 | being renewed, paid or refunded, and other costs in connection | ||||||
5 | therewith. | ||||||
6 | (g) The Authority may use the proceeds of any bonds or | ||||||
7 | notes issued under this Section to pay the legal, financial, | ||||||
8 | administrative, and other expenses of such authorization, | ||||||
9 | issuance, sale, or delivery of bonds or notes or to provide or | ||||||
10 | increase a debt service reserve fund with respect to any or all | ||||||
11 | of its bonds or notes. | ||||||
12 | (h) The Authority may issue and deliver its bonds or notes | ||||||
13 | in exchange for any public transportation facilities, | ||||||
14 | including funds and rights relating thereto, or in exchange | ||||||
15 | for outstanding bonds or notes of the Authority, including any | ||||||
16 | accrued interest or redemption premium thereon, without | ||||||
17 | advertising or submitting such notes or bonds for public | ||||||
18 | bidding. | ||||||
19 | (i) The ordinance providing for the issuance of any bonds | ||||||
20 | or notes issued under this Section shall fix the date or dates | ||||||
21 | of maturity, the dates on which interest is payable, any | ||||||
22 | sinking fund account or reserve fund account provisions, and | ||||||
23 | all other details of such bonds or notes and may provide for | ||||||
24 | such covenants or agreements necessary or desirable with | ||||||
25 | regard to the issue, sale and security of such bonds or notes. | ||||||
26 | The rate or rates of interest on its bonds or notes may be |
| |||||||
| |||||||
1 | fixed or variable and the Authority shall determine or provide | ||||||
2 | for the determination of the rate or rates of interest of its | ||||||
3 | bonds or notes issued under this Act in an ordinance adopted by | ||||||
4 | the Authority prior to the issuance thereof, none of which | ||||||
5 | rates of interest shall exceed that permitted in the Bond | ||||||
6 | Authorization Act. Interest may be payable at such times as | ||||||
7 | are provided for by the Board. | ||||||
8 | (j) Bonds and notes issued under this Section may be | ||||||
9 | issued as serial or term obligations, shall be of such | ||||||
10 | denomination or denominations and form, including interest | ||||||
11 | coupons to be attached thereto, be executed in such manner, | ||||||
12 | shall be payable at such place or places and bear such date as | ||||||
13 | the Authority shall fix by the ordinance authorizing such bond | ||||||
14 | or note and shall mature at such time or times, within a period | ||||||
15 | not to exceed 40 years from the date of issue, and may be | ||||||
16 | redeemable prior to maturity with or without premium, at the | ||||||
17 | option of the Authority, upon such terms and conditions as the | ||||||
18 | Authority shall fix by the ordinance authorizing the issuance | ||||||
19 | of such bonds or notes. | ||||||
20 | (k) A bond anticipation note or any renewal thereof may | ||||||
21 | not mature at any time or times exceeding 5 years from the date | ||||||
22 | of the first issuance of such note. | ||||||
23 | (l) The Authority may provide for the registration of | ||||||
24 | bonds or notes in the name of the owner as to the principal | ||||||
25 | alone or as to both principal and interest, upon such terms and | ||||||
26 | conditions as the Authority may determine. |
| |||||||
| |||||||
1 | (m) The ordinance authorizing bonds or notes may provide | ||||||
2 | for the exchange of such bonds or notes which are fully | ||||||
3 | registered, as to both principal and interest, with bonds or | ||||||
4 | notes which are registrable as to principal only. | ||||||
5 | (n) All bonds or notes issued under this Section by the | ||||||
6 | Authority other than those issued in exchange for property or | ||||||
7 | for bonds or notes of the Authority shall be sold at a price | ||||||
8 | which may be at a premium or discount but such that the | ||||||
9 | interest cost, excluding any redemption premium, to the | ||||||
10 | Authority of the proceeds of an issue of such bonds or notes, | ||||||
11 | computed to stated maturity according to standard tables of | ||||||
12 | bond values, shall not exceed that permitted in the Bond | ||||||
13 | Authorization Act. | ||||||
14 | (o) The Authority shall notify the Governor's Office of | ||||||
15 | Management and Budget and the State Comptroller at least 30 | ||||||
16 | days before any bond sale and shall file with the Governor's | ||||||
17 | Office of Management and Budget and the State Comptroller a | ||||||
18 | certified copy of any ordinance authorizing the issuance of | ||||||
19 | bonds at or before the issuance of the bonds. | ||||||
20 | (p) Any such bonds or notes of the Authority shall be sold | ||||||
21 | to the highest and best bidder on sealed bids as the Authority | ||||||
22 | shall deem. As such bonds or notes are to be sold the Authority | ||||||
23 | shall advertise for proposals to purchase the bonds or notes | ||||||
24 | which advertisement shall be published at least once in a | ||||||
25 | daily newspaper of general circulation published in the | ||||||
26 | metropolitan region at least 10 days before the time set for |
| |||||||
| |||||||
1 | the submission of bids. The Authority shall have the right to | ||||||
2 | reject any or all bids. | ||||||
3 | (q) Notwithstanding any other provisions of this Section, | ||||||
4 | working cash notes or bonds or notes to provide funds for | ||||||
5 | self-insurance or a joint self-insurance pool or entity may be | ||||||
6 | sold either upon competitive bidding or by negotiated sale, | ||||||
7 | without any requirement of publication of intention to | ||||||
8 | negotiate the sale of such Notes, as the Board shall determine | ||||||
9 | by ordinance. | ||||||
10 | (r) In case any officer whose signature appears on any | ||||||
11 | bonds, notes, or coupons authorized pursuant to this Section | ||||||
12 | shall cease to be such officer before delivery of such bonds or | ||||||
13 | notes, such signature shall nevertheless be valid and | ||||||
14 | sufficient for all purposes, the same as if such officer had | ||||||
15 | remained in office until such delivery. Neither the Directors | ||||||
16 | of the Authority nor any person executing any bonds or notes | ||||||
17 | thereof shall be liable personally on any such bonds or notes | ||||||
18 | or coupons by reason of the issuance thereof. | ||||||
19 | (s) All bonds or notes of the Authority issued pursuant to | ||||||
20 | this Section shall be general obligations of the Authority to | ||||||
21 | which shall be pledged the full faith and credit of the | ||||||
22 | Authority, as provided in this Section. Such bonds or notes | ||||||
23 | shall be secured as provided in the authorizing ordinance, | ||||||
24 | which may, notwithstanding any other provision of this Act, | ||||||
25 | include in addition to any other security, a specific pledge | ||||||
26 | or assignment of and lien on or security interest in any or all |
| |||||||
| |||||||
1 | tax receipts of the Authority and on any or all other revenues | ||||||
2 | or moneys of the Authority from whatever source, which may, by | ||||||
3 | law, be used for debt service purposes and a specific pledge or | ||||||
4 | assignment of and lien on or security interest in any funds or | ||||||
5 | accounts established or provided for by the ordinance of the | ||||||
6 | Authority authorizing the issuance of such bonds or notes. Any | ||||||
7 | such pledge, assignment, lien, or security interest for the | ||||||
8 | benefit of holders of bonds or notes of the Authority shall be | ||||||
9 | valid and binding from the time the bonds or notes are issued | ||||||
10 | without any physical delivery or further act and shall be | ||||||
11 | valid and binding as against and prior to the claims of all | ||||||
12 | other parties having claims of any kind against the Authority | ||||||
13 | or any other person irrespective of whether such other parties | ||||||
14 | have notice of such pledge, assignment, lien, or security | ||||||
15 | interest. The obligations of the Authority incurred pursuant | ||||||
16 | to this Section are superior to and have priority over any | ||||||
17 | other obligations of the Authority. | ||||||
18 | (t) The Authority may provide in the ordinance authorizing | ||||||
19 | the issuance of any bonds or notes issued pursuant to this | ||||||
20 | Section for the creation of, deposits in, and regulation and | ||||||
21 | disposition of sinking fund or reserve accounts relating to | ||||||
22 | such bonds or notes. The ordinance authorizing the issuance of | ||||||
23 | any bonds or notes pursuant to this Section may contain | ||||||
24 | provisions as part of the contract with the holders of the | ||||||
25 | bonds or notes, for the creation of a separate fund to provide | ||||||
26 | for the payment of principal and interest on such bonds or |
| |||||||
| |||||||
1 | notes and for the deposit in such fund from any or all the tax | ||||||
2 | receipts of the Authority and from any or all such other moneys | ||||||
3 | or revenues of the Authority from whatever source which may by | ||||||
4 | law be used for debt service purposes, all as provided in such | ||||||
5 | ordinance, of amounts to meet the debt service requirements on | ||||||
6 | such bonds or notes, including principal and interest, and any | ||||||
7 | sinking fund or reserve fund account requirements as may be | ||||||
8 | provided by such ordinance, and all expenses incident to or in | ||||||
9 | connection with such fund and accounts or the payment of such | ||||||
10 | bonds or notes. Such ordinance may also provide limitations on | ||||||
11 | the issuance of additional bonds or notes of the Authority. | ||||||
12 | Such bonds or notes of the Authority do not constitute a debt | ||||||
13 | of the State of Illinois. Nothing in this Act shall be | ||||||
14 | construed to enable the Authority to impose any ad valorem tax | ||||||
15 | on property. | ||||||
16 | (u) The ordinance of the Authority authorizing the | ||||||
17 | issuance of any bonds or notes may provide additional security | ||||||
18 | for such bonds or notes by providing for appointment of a | ||||||
19 | corporate trustee, which may be any trust company or bank | ||||||
20 | having the powers of a trust company within the State, with | ||||||
21 | respect to such bonds or notes. The ordinance shall prescribe | ||||||
22 | the rights, duties, and powers of the trustee to be exercised | ||||||
23 | for the benefit of the Authority and the protection of the | ||||||
24 | holders of such bonds or notes. The ordinance may provide for | ||||||
25 | the trustee to hold in trust, invest, and use amounts in funds | ||||||
26 | and accounts created as provided by the ordinance with respect |
| |||||||
| |||||||
1 | to the bonds or notes. The ordinance may provide for the | ||||||
2 | assignment and direct payment to the trustee of any or all | ||||||
3 | amounts produced from the sources provided in Sections 6.02 | ||||||
4 | and 6.08 and provided in Section 6z-17 of the State Finance | ||||||
5 | Act. Upon receipt of notice of any such assignment, the | ||||||
6 | Department of Revenue and the Comptroller of the State of | ||||||
7 | Illinois shall thereafter, notwithstanding the provisions of | ||||||
8 | Sections 6.02 and 6.08 and Section 6z-17 of the State Finance | ||||||
9 | Act, provide for such assigned amounts to be paid directly to | ||||||
10 | the trustee instead of the Authority, all in accordance with | ||||||
11 | the terms of the ordinance making the assignment. The | ||||||
12 | ordinance shall provide that amounts so paid to the trustee | ||||||
13 | which are not required to be deposited, held, or invested in | ||||||
14 | funds and accounts created by the ordinance with respect to | ||||||
15 | bonds or notes or used for paying bonds or notes to be paid by | ||||||
16 | the trustee to the Authority. | ||||||
17 | (v) Any bonds or notes of the Authority issued pursuant to | ||||||
18 | this Section shall constitute a contract between the Authority | ||||||
19 | and the holders from time to time of such bonds or notes. In | ||||||
20 | issuing any bond or note, the Authority may include in the | ||||||
21 | ordinance authorizing such issue a covenant as part of the | ||||||
22 | contract with the holders of the bonds or notes, that as long | ||||||
23 | as such obligations are outstanding, it shall make such | ||||||
24 | deposits, as provided in subsection (c). It may also so | ||||||
25 | covenant that it shall impose and continue to impose taxes, as | ||||||
26 | provided in Section 6.02 and in addition thereto as |
| |||||||
| |||||||
1 | subsequently authorized by law, sufficient to make such | ||||||
2 | deposits and pay the principal and interest and to meet other | ||||||
3 | debt service requirements of such bonds or notes as they | ||||||
4 | become due. A certified copy of the ordinance authorizing the | ||||||
5 | issuance of any such obligations shall be filed at or prior to | ||||||
6 | the issuance of such obligations with the State Comptroller | ||||||
7 | and the Department of Revenue. | ||||||
8 | (w) The State of Illinois pledges to and agrees with the | ||||||
9 | holders of the bonds and notes of the Authority issued | ||||||
10 | pursuant to this Section or issued by a consolidated entity | ||||||
11 | that the State will not limit or alter the rights and powers | ||||||
12 | vested in the Authority by this Act to impair the terms of any | ||||||
13 | contract made by the Authority or by a consolidated entity | ||||||
14 | with such holders or in any way impair the rights and remedies | ||||||
15 | of such holders until such bonds and notes, together with | ||||||
16 | interest thereon, with interest on any unpaid installments of | ||||||
17 | interest, and all costs and expenses in connection with any | ||||||
18 | action or proceedings by or on behalf of such holders, are | ||||||
19 | fully met and discharged. In addition, the State pledges to | ||||||
20 | and agrees with the holders of the bonds and notes of the | ||||||
21 | Authority issued pursuant to this Section or by a consolidated | ||||||
22 | entity that the State will not limit or alter the basis on | ||||||
23 | which State funds are to be paid to the Authority as provided | ||||||
24 | in this Act, or the use of such funds, so as to impair the | ||||||
25 | terms of any such contract. The Authority may include these | ||||||
26 | pledges and agreements of the State in any contract with the |
| |||||||
| |||||||
1 | holders of bonds or notes issued pursuant to this Section. | ||||||
2 | (x) Except as provided in subsections (y) and (aa), the | ||||||
3 | Authority may not issue, sell, or deliver any bonds or notes, | ||||||
4 | other than working cash notes and lines of credit, pursuant to | ||||||
5 | this Section which will cause it to have issued and | ||||||
6 | outstanding at any time in excess of $800,000,000 of such | ||||||
7 | bonds and notes, other than working cash notes and lines of | ||||||
8 | credit. The Authority shall not issue, sell, or deliver any | ||||||
9 | working cash notes or establish a line of credit pursuant to | ||||||
10 | this Section that will cause it to have issued and outstanding | ||||||
11 | at any time in excess of $100,000,000. Bonds or notes which are | ||||||
12 | being paid or retired by such issuance, sale, or delivery of | ||||||
13 | bonds or notes, and bonds or notes for which sufficient funds | ||||||
14 | have been deposited with the paying agency of such bonds or | ||||||
15 | notes to provide for payment of principal and interest thereon | ||||||
16 | or to provide for the redemption thereof, all pursuant to the | ||||||
17 | ordinance authorizing the issuance of such bonds or notes, | ||||||
18 | shall not be considered to be outstanding for the purposes of | ||||||
19 | this subsection. | ||||||
20 | (y) The Authority may issue, sell, and deliver bonds or | ||||||
21 | notes in such amounts as are necessary to provide for the | ||||||
22 | refunding or advance refunding of bonds or notes issued for | ||||||
23 | Strategic Capital Improvement Projects under this subsection | ||||||
24 | if no such refunding bond or note shall mature later than the | ||||||
25 | final maturity date of the series of bonds or notes being | ||||||
26 | refunded and if the debt service requirements for such |
| |||||||
| |||||||
1 | refunding bonds or notes in the current or any future fiscal | ||||||
2 | year do not exceed the debt service requirements for that year | ||||||
3 | on the refunded bonds or notes. | ||||||
4 | (z) The Authority may also issue, sell, and deliver bonds | ||||||
5 | or notes in such amounts as are necessary to provide for the | ||||||
6 | refunding or advance refunding of bonds or notes issued for | ||||||
7 | Strategic Capital Improvement Projects under paragraph (3) of | ||||||
8 | subsection (g) of Section 4.04 of the Regional Transportation | ||||||
9 | Authority Act (repealed), provided that no such refunding bond | ||||||
10 | or note shall mature later than the final maturity date of the | ||||||
11 | series of bonds or notes being refunded, and provided further | ||||||
12 | that the debt service requirements for such refunding bonds or | ||||||
13 | notes in the current or any future fiscal year shall not exceed | ||||||
14 | the debt service requirements for that year on the refunded | ||||||
15 | bonds or notes. | ||||||
16 | (aa) The Authority, subject to the terms of any agreements | ||||||
17 | with noteholders or bondholders as may then exist, may, out of | ||||||
18 | any funds available therefore, purchase notes or bonds of the | ||||||
19 | Authority, which shall thereupon be canceled. | ||||||
20 | (bb) In addition to any other authority granted by law, | ||||||
21 | the State Treasurer may, with the approval of the Governor, | ||||||
22 | invest or reinvest, at a price not to exceed par, any State | ||||||
23 | money in the State treasury which is not needed for current | ||||||
24 | expenditures due or about to become due in working cash notes. | ||||||
25 | If there is a default on a working cash note issued by the | ||||||
26 | Authority in which State money in the State treasury was |
| |||||||
| |||||||
1 | invested, the Treasurer may, after giving notice to the | ||||||
2 | Authority, certify to the Comptroller the amounts of the | ||||||
3 | defaulted working cash note, in accordance with any applicable | ||||||
4 | rules of the Comptroller, and the Comptroller must deduct and | ||||||
5 | remit to the State treasury the certified amounts or a portion | ||||||
6 | of those amounts from the following proportions of payments of | ||||||
7 | State 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 | ||||||
19 | bank or other financial institution as may be evidenced by the | ||||||
20 | issuance of notes or other obligations, secured by and payable | ||||||
21 | from all tax receipts of the Authority and any or all other | ||||||
22 | revenues or moneys of the Authority, in an amount not to exceed | ||||||
23 | the limitations set forth in subsection (x). Money borrowed | ||||||
24 | under this subsection shall be used to provide money for the | ||||||
25 | Authority to cover any cash flow deficit that the Authority | ||||||
26 | anticipates incurring and shall be repaid within 24 months. |
| |||||||
| |||||||
1 | (dd) Before establishing a line of credit under subsection | ||||||
2 | (cc), the Authority shall authorize the line of credit by | ||||||
3 | ordinance. The ordinance shall set forth facts demonstrating | ||||||
4 | the need for the line of credit, state the amount to be | ||||||
5 | borrowed, establish a maximum interest rate limit not to | ||||||
6 | exceed the maximum rate authorized by the Bond Authorization | ||||||
7 | Act, and provide a date by which the borrowed funds shall be | ||||||
8 | repaid. The ordinance shall authorize and direct the relevant | ||||||
9 | officials to make arrangements to set apart and hold, as | ||||||
10 | applicable, the moneys that will be used to repay the | ||||||
11 | borrowing. In addition, the ordinance may authorize the | ||||||
12 | relevant officials to make partial repayments on the line of | ||||||
13 | credit as the moneys become available and may contain any | ||||||
14 | other terms, restrictions, or limitations desirable or | ||||||
15 | necessary to give effect to subsection (cc). | ||||||
16 | (ee) The Authority shall notify the Governor's Office of | ||||||
17 | Management and Budget and the State Comptroller at least 30 | ||||||
18 | days before establishing a line of credit and shall file with | ||||||
19 | the Governor's Office of Management and Budget and the State | ||||||
20 | Comptroller a certified copy of any ordinance authorizing the | ||||||
21 | establishment of a line of credit upon or before establishing | ||||||
22 | the line of credit. | ||||||
23 | (ff) Moneys borrowed under a line of credit pursuant to | ||||||
24 | subsection (cc) are general obligations of the Authority that | ||||||
25 | are secured by the full faith and credit of the Authority. |
| |||||||
| |||||||
1 | Section 6.06. Bonds, notes, and certificates; legal | ||||||
2 | investments. The State, all units of local government, all | ||||||
3 | public officers, banks, bankers, trust companies, savings | ||||||
4 | banks and institutions, building and loan associations, | ||||||
5 | savings and loan associations, investment companies and other | ||||||
6 | persons carrying on a banking business, insurance companies, | ||||||
7 | insurance associations and other persons carrying on an | ||||||
8 | insurance business, and all executors, administrators, | ||||||
9 | guardians, trustees and other fiduciaries may legally invest | ||||||
10 | any sinking funds, moneys, or other funds belonging to them or | ||||||
11 | within their control in any bonds, notes, or equipment trust | ||||||
12 | certificates issued pursuant to this Act, it being the purpose | ||||||
13 | of this Section to authorize the investment in such bonds, | ||||||
14 | notes, or certificates of all sinking, insurance, retirement, | ||||||
15 | compensation, pension, and trust funds, whether owned or | ||||||
16 | controlled by private or public persons or officers. However, | ||||||
17 | nothing in this Section may be construed as relieving any | ||||||
18 | person, firm, or corporation from any duty of exercising | ||||||
19 | reasonable care in selecting securities for purchase or | ||||||
20 | investment. | ||||||
21 | Section 6.07. Exemption from taxation. The Authority is | ||||||
22 | exempt from all State and unit of local government taxes and | ||||||
23 | registration and license fees other than as required for motor | ||||||
24 | vehicle registration in accordance with the Illinois Vehicle | ||||||
25 | Code. All property of the Authority is declared to be public |
| |||||||
| |||||||
1 | property devoted to an essential public and governmental | ||||||
2 | function and purpose and is exempt from all taxes and special | ||||||
3 | assessments of the State, any subdivision thereof, or any unit | ||||||
4 | of local government. | ||||||
5 | Section 6.08. Public Transportation Fund and the | ||||||
6 | Metropolitan Mobility Authority Occupation and Use Tax | ||||||
7 | Replacement Fund. | ||||||
8 | (a) As soon as possible after the first day of each month, | ||||||
9 | upon certification of the Department of Revenue, the | ||||||
10 | Comptroller shall order transferred and the Treasurer shall | ||||||
11 | transfer from the General Revenue Fund to the Public | ||||||
12 | Transportation Fund, a special fund in the State treasury, an | ||||||
13 | amount equal to 25% of the net revenue, before the deduction of | ||||||
14 | the serviceman and retailer discounts pursuant to Section 9 of | ||||||
15 | the Service Occupation Tax Act and Section 3 of the Retailers' | ||||||
16 | Occupation Tax Act, realized from any tax imposed by the | ||||||
17 | Authority pursuant to Sections 6.02 and 6.03 and 25% of the | ||||||
18 | amounts deposited into the Metropolitan Mobility Authority | ||||||
19 | Occupation and Use Tax Replacement Fund created by Section | ||||||
20 | 6.02, from the County and Mass Transit District Fund as | ||||||
21 | provided in Section 6z-20 of the State Finance Act and 25% of | ||||||
22 | the amounts deposited into the Metropolitan Mobility Authority | ||||||
23 | Occupation and Use Tax Replacement Fund from the State and | ||||||
24 | Local Sales Tax Reform Fund as provided in Section 6z-17 of the | ||||||
25 | State Finance Act. On the first day of the month following the |
| |||||||
| |||||||
1 | date that the Department receives revenues from increased | ||||||
2 | taxes under subsection (cc) of Section 6.02, in lieu of the | ||||||
3 | transfers authorized in the preceding sentence, upon | ||||||
4 | certification of the Department of Revenue, the Comptroller | ||||||
5 | shall order transferred and the Treasurer shall transfer from | ||||||
6 | the General Revenue Fund to the Public Transportation Fund an | ||||||
7 | amount equal to 25% of the net revenue, before the deduction of | ||||||
8 | the serviceman and retailer discounts pursuant to Section 9 of | ||||||
9 | the Service Occupation Tax Act and Section 3 of the Retailers' | ||||||
10 | Occupation Tax Act, realized from (i) 80% of the proceeds of | ||||||
11 | any tax imposed by the Authority at a rate of 1.25% in Cook | ||||||
12 | County, (ii) 75% of the proceeds of any tax imposed by the | ||||||
13 | Authority at the rate of 1% in Cook County, and (iii) one-third | ||||||
14 | of the proceeds of any tax imposed by the Authority at the rate | ||||||
15 | of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and | ||||||
16 | Will, all pursuant to Section 6.02, and 25% of the net revenue | ||||||
17 | realized from any tax imposed by the Authority pursuant to | ||||||
18 | Section 6.03, and 25% of the amounts deposited into the | ||||||
19 | Metropolitan Mobility Authority Occupation and Use Tax | ||||||
20 | Replacement Fund created by Section 6.02 from the County and | ||||||
21 | Mass Transit District Fund as provided in Section 6z-20 of the | ||||||
22 | State Finance Act, and 25% of the amounts deposited into the | ||||||
23 | Metropolitan Mobility Authority Occupation and Use Tax | ||||||
24 | Replacement Fund from the State and Local Sales Tax Reform | ||||||
25 | Fund as provided in Section 6z-17 of the State Finance Act. As | ||||||
26 | used in this Section, net revenue realized for a month shall be |
| |||||||
| |||||||
1 | the revenue collected by the State pursuant to Sections 6.02 | ||||||
2 | and 6.03 during the previous month from within the | ||||||
3 | metropolitan region, less the amount paid out during that same | ||||||
4 | month as refunds to taxpayers for overpayment of liability in | ||||||
5 | the metropolitan region under Sections 6.02 and 6.03. | ||||||
6 | (b) Notwithstanding any provision of law to the contrary, | ||||||
7 | those amounts required under subsection (a) to be transferred | ||||||
8 | by the Treasurer into the Public Transportation Fund from the | ||||||
9 | General Revenue Fund shall be directly deposited into the | ||||||
10 | Public Transportation Fund as the revenues are realized from | ||||||
11 | the taxes indicated. | ||||||
12 | (c) Except as otherwise provided in subsection (c), on the | ||||||
13 | first day of each month, upon certification by the Department | ||||||
14 | of Revenue, the Comptroller shall order transferred and the | ||||||
15 | Treasurer shall transfer from the General Revenue Fund to the | ||||||
16 | Public Transportation Fund an amount equal to 5% of the net | ||||||
17 | revenue, before the deduction of the serviceman and retailer | ||||||
18 | discounts pursuant to Section 9 of the Service Occupation Tax | ||||||
19 | Act and Section 3 of the Retailers' Occupation Tax Act, | ||||||
20 | realized from any tax imposed by the Authority pursuant to | ||||||
21 | Sections 6.02 and 6.03 and certified by the Department of | ||||||
22 | Revenue under subsection (cc) of Section 6.02 to be paid to the | ||||||
23 | Authority and 5% of the amounts deposited into the | ||||||
24 | Metropolitan Mobility Authority Occupation and Use Tax | ||||||
25 | Replacement Fund created by subsection (cc) of Section 6.02 | ||||||
26 | from the County and Mass Transit District Fund as provided in |
| |||||||
| |||||||
1 | Section 6z-20 of the State Finance Act, and 5% of the amounts | ||||||
2 | deposited into the Metropolitan Mobility Authority Occupation | ||||||
3 | and Use Tax Replacement Fund from the State and Local Sales Tax | ||||||
4 | Reform Fund as provided in Section 6z-17 of the State Finance | ||||||
5 | Act, and 5% of the revenue realized by the Authority as | ||||||
6 | financial assistance from the City of Chicago from the | ||||||
7 | proceeds of any tax imposed by the City of Chicago under | ||||||
8 | Section 8-3-19 of the Illinois Municipal Code. | ||||||
9 | (d) Notwithstanding any provision of law to the contrary, | ||||||
10 | those amounts required under subsection (e) to be transferred | ||||||
11 | by the Treasurer into the Public Transportation Fund from the | ||||||
12 | General Revenue Fund shall be directly deposited into the | ||||||
13 | Public Transportation Fund as the revenues are realized from | ||||||
14 | the taxes indicated. | ||||||
15 | (e) Except as otherwise provided in subsection (g), as | ||||||
16 | soon as possible after the first day of each month, upon | ||||||
17 | certification of the Department of Revenue with respect to the | ||||||
18 | taxes collected under Section 6.02, the Comptroller shall | ||||||
19 | order transferred and the Treasurer shall transfer from the | ||||||
20 | General Revenue Fund to the Public Transportation Fund an | ||||||
21 | amount equal to 25% of the net revenue, before the deduction of | ||||||
22 | the serviceman and retailer discounts pursuant to Section 9 of | ||||||
23 | the Service Occupation Tax Act and Section 3 of the Retailers' | ||||||
24 | Occupation Tax Act, realized from (i) 20% of the proceeds of | ||||||
25 | any tax imposed by the Authority at a rate of 1.25% in Cook | ||||||
26 | County, (ii) 25% of the proceeds of any tax imposed by the |
| |||||||
| |||||||
1 | Authority at the rate of 1% in Cook County, and (iii) one-third | ||||||
2 | of the proceeds of any tax imposed by the Authority at the rate | ||||||
3 | of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and | ||||||
4 | Will, all pursuant to Section 6.02, and the Comptroller shall | ||||||
5 | order transferred and the Treasurer shall transfer from the | ||||||
6 | General Revenue Fund to the Public Transportation Fund (iv) an | ||||||
7 | amount equal to 25% of the revenue realized by the Authority as | ||||||
8 | financial assistance from the City of Chicago from the | ||||||
9 | proceeds of any tax imposed by the City of Chicago under | ||||||
10 | Section 8-3-19 of the Illinois Municipal Code. | ||||||
11 | (f) Notwithstanding any provision of law to the contrary, | ||||||
12 | those amounts required under subsection (e) to be transferred | ||||||
13 | by the Treasurer into the Public Transportation Fund from the | ||||||
14 | General Revenue Fund shall be directly deposited into the | ||||||
15 | Public Transportation Fund as the revenues are realized from | ||||||
16 | the taxes indicated | ||||||
17 | (g) Notwithstanding any provision of law to the contrary, | ||||||
18 | of the transfers to be made under subsections (a), (c), and (e) | ||||||
19 | from the General Revenue Fund to the Public Transportation | ||||||
20 | Fund, the first $150,000,000 that would have otherwise been | ||||||
21 | transferred from the General Revenue Fund shall be transferred | ||||||
22 | from the Road Fund. The remaining balance of such transfers | ||||||
23 | shall be made from the General Revenue Fund. | ||||||
24 | (h) All moneys deposited into the Public Transportation | ||||||
25 | Fund and the Metropolitan Mobility Authority Occupation and | ||||||
26 | Use Tax Replacement Fund, whether deposited pursuant to this |
| |||||||
| |||||||
1 | Section or otherwise, are allocated to the Authority, except | ||||||
2 | for amounts appropriated to the Office of the Executive | ||||||
3 | Inspector General under subsection (a) of Section 5.14 and | ||||||
4 | amounts transferred to the Audit Expense Fund pursuant to | ||||||
5 | Section 6z-27 of the State Finance Act. The Comptroller, as | ||||||
6 | soon as possible after each monthly transfer provided in this | ||||||
7 | Section and after each deposit into the Public Transportation | ||||||
8 | Fund, shall order the Treasurer to pay to the Authority out of | ||||||
9 | the Public Transportation Fund the amount so transferred or | ||||||
10 | deposited. Any additional state assistance and additional | ||||||
11 | financial assistance paid to the Authority under this Section | ||||||
12 | shall be expended by the Authority for its purposes as | ||||||
13 | provided in this Act. The balance of the amounts paid to the | ||||||
14 | Authority from the Public Transportation Fund shall be | ||||||
15 | expended by the Authority as provided in Section 6.04. The | ||||||
16 | Comptroller, as soon as possible after each deposit into the | ||||||
17 | Metropolitan Mobility Authority Occupation and Use Tax | ||||||
18 | Replacement Fund provided in this Section and Section 6z-17 of | ||||||
19 | the State Finance Act, shall order the Treasurer to pay to the | ||||||
20 | Authority out of the Metropolitan Mobility Authority | ||||||
21 | Occupation and Use Tax Replacement Fund the amount so | ||||||
22 | deposited. Such amounts paid to the Authority may be expended | ||||||
23 | by it for its purposes as provided in this Act. The provisions | ||||||
24 | directing the distributions from the Public Transportation | ||||||
25 | Fund and the Metropolitan Mobility Authority Occupation and | ||||||
26 | Use Tax Replacement Fund provided for in this Section shall |
| |||||||
| |||||||
1 | constitute an irrevocable and continuing appropriation of all | ||||||
2 | amounts as provided herein. The State Treasurer and State | ||||||
3 | Comptroller are authorized and directed to make distributions | ||||||
4 | as provided in this Section. However, no moneys deposited | ||||||
5 | under subsection (a) shall be paid from the Public | ||||||
6 | Transportation Fund to the Authority or its assignee for any | ||||||
7 | fiscal year until the Authority has certified to the Governor, | ||||||
8 | the Comptroller, and the Mayor of the City of Chicago that it | ||||||
9 | has adopted for that fiscal year an Annual Budget and Two-Year | ||||||
10 | Financial Plan meeting the requirements in Section 5.12. | ||||||
11 | (i) In recognition of the efforts of the Authority to | ||||||
12 | enhance the mass transportation facilities under its control, | ||||||
13 | the State shall provide financial assistance (hereinafter | ||||||
14 | "additional state assistance"). Additional state assistance | ||||||
15 | shall be calculated as provided in subsection (k), but may not | ||||||
16 | exceed $55,000,000. | ||||||
17 | (j) The State shall provide financial assistance | ||||||
18 | (hereinafter "additional financial assistance") in addition to | ||||||
19 | the additional state assistance provided by subsection (i) and | ||||||
20 | the amounts transferred to the Authority under subsection (a). | ||||||
21 | Additional financial assistance provided by this subsection | ||||||
22 | shall be calculated as provided in subsection (k), but may not | ||||||
23 | exceed $100,000,000. | ||||||
24 | (k) The Authority shall annually certify to the State | ||||||
25 | Comptroller and State Treasurer the following amounts: | ||||||
26 | (1) The amount necessary and required, during the |
| |||||||
| |||||||
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 | ||||||
19 | specific schedule of debt service payments, including the date | ||||||
20 | and amount of each payment for all outstanding bonds or notes | ||||||
21 | and an estimated schedule of anticipated debt service for all | ||||||
22 | bonds and notes it intends to issue, if any, during that State | ||||||
23 | fiscal year, including the estimated date and estimated amount | ||||||
24 | of each payment. | ||||||
25 | (m) Immediately upon the issuance of bonds for which an | ||||||
26 | estimated schedule of debt service payments was prepared, the |
| |||||||
| |||||||
1 | Authority shall file an amended certification with respect to | ||||||
2 | paragraph (2) of subsection (k) to specify the actual schedule | ||||||
3 | of debt service payments, including the date and amount of | ||||||
4 | each payment, for the remainder of the State fiscal year. | ||||||
5 | (n) On the first day of each month of the State fiscal year | ||||||
6 | in which there are bonds outstanding with respect to which the | ||||||
7 | certification is made, the State Comptroller shall order | ||||||
8 | transferred and the State Treasurer shall transfer from the | ||||||
9 | Road Fund to the Public Transportation Fund the additional | ||||||
10 | state assistance and additional financial assistance in an | ||||||
11 | amount equal to the aggregate of (i) one-twelfth of the sum of | ||||||
12 | the amounts certified under paragraphs (1) and (3) of | ||||||
13 | subsection (k) less the amount certified under paragraph (4) | ||||||
14 | of subsection (k), plus (ii) the amount required to pay debt | ||||||
15 | service on bonds and notes issued during the fiscal year, if | ||||||
16 | any, divided by the number of months remaining in the fiscal | ||||||
17 | year after the date of issuance, or some smaller portion as may | ||||||
18 | be necessary under subsection (i) or (j) for the relevant | ||||||
19 | State fiscal year, plus (iii) any cumulative deficiencies in | ||||||
20 | transfers for prior months, until an amount equal to the sum of | ||||||
21 | the amounts certified under subsections (a) and (e), plus the | ||||||
22 | actual debt service certified under subsection (c), less the | ||||||
23 | amount certified under subsection (k), has been transferred; | ||||||
24 | except that these transfers are subject to the following | ||||||
25 | limits: | ||||||
26 | (1) The total transfers in any State fiscal year |
| |||||||
| |||||||
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 | ||||||
18 | include bonds or notes for which refunding or advance | ||||||
19 | refunding bonds or notes have been issued. | ||||||
20 | (p) Neither additional state assistance nor additional | ||||||
21 | financial assistance may be pledged, either directly or | ||||||
22 | indirectly, as general revenues of the Authority or as | ||||||
23 | security for any bonds issued by the Authority. The Authority | ||||||
24 | may not assign its right to receive additional state | ||||||
25 | assistance or additional financial assistance, or direct | ||||||
26 | payment of additional state assistance or additional financial |
| |||||||
| |||||||
1 | assistance, to a trustee or any other entity for the payment of | ||||||
2 | debt service on its bonds. | ||||||
3 | (q) The certification required under subsection (k) with | ||||||
4 | respect to outstanding bonds and notes issued by the Authority | ||||||
5 | or a consolidated entity shall be filed as early as | ||||||
6 | practicable before the beginning of the State fiscal year to | ||||||
7 | which it relates. The certification shall be revised as may be | ||||||
8 | necessary to accurately state the debt service requirements of | ||||||
9 | the Authority. | ||||||
10 | Section 6.09. Strategic Capital Improvement Program. | ||||||
11 | (a) This Section and the Annual Capital Improvement Plan | ||||||
12 | created in Section 5.10 shall together be known as the | ||||||
13 | Strategic Capital Improvement Program. The Strategic Capital | ||||||
14 | Improvement Program shall enhance the ability of the Authority | ||||||
15 | to acquire, repair, or replace public transportation | ||||||
16 | facilities in the metropolitan region and shall be financed | ||||||
17 | through the issuance of bonds or notes authorized for | ||||||
18 | Strategic Capital Improvement Projects under Section 6.05. The | ||||||
19 | Program is intended as a supplement to the ongoing capital | ||||||
20 | development activities of the Authority financed with grants, | ||||||
21 | loans, and other moneys made available by the federal | ||||||
22 | government or the State of Illinois. The Authority shall | ||||||
23 | continue to seek, receive, and expend all available grants, | ||||||
24 | loans and other moneys. | ||||||
25 | (b) Any contracts for architectural or engineering |
| |||||||
| |||||||
1 | services for projects approved pursuant to Section 5.10 shall | ||||||
2 | comply with the requirements set forth in the Local Government | ||||||
3 | Professional Services Selection Act. | ||||||
4 | Section 6.10. Rate protection contracts. | ||||||
5 | (a) As used in this Section, "rate protection contracts" | ||||||
6 | means interest rate price exchange agreements; currency | ||||||
7 | exchange agreements; forward payment conversion agreements; | ||||||
8 | contracts providing for payment or receipt of funds based on | ||||||
9 | levels of, or changes in, interest rates, currency exchange | ||||||
10 | rates, stock or other indices; contracts to exchange cash | ||||||
11 | flows or a series of payments; contracts, including, without | ||||||
12 | limitation, interest rate caps; interest rate floor; interest | ||||||
13 | rate locks; interest rate collars; rate of return guarantees | ||||||
14 | or assurances, to manage payment, currency, rate, spread or | ||||||
15 | similar exposure; the obligation, right, or option to issue, | ||||||
16 | put, lend, sell, grant a security interest in, buy, borrow or | ||||||
17 | otherwise acquire, a bond, note or other security or interest | ||||||
18 | therein as an investment, as collateral, as a hedge, or | ||||||
19 | otherwise as a source or assurance of payment to or by the | ||||||
20 | Authority or as a reduction of the Authority's or an obligor's | ||||||
21 | risk exposure; repurchase agreements; securities lending | ||||||
22 | agreements; and other similar agreements or arrangements. | ||||||
23 | (b) Notwithstanding any provision in paragraph (2) of | ||||||
24 | Section 4.02 to the contrary, in connection with or incidental | ||||||
25 | to the issuance by the Authority of its bonds or notes under |
| |||||||
| |||||||
1 | the provisions of Section 6.05 or the exercise of its powers | ||||||
2 | under paragraph (2) of Section 4.02, the Authority, for its | ||||||
3 | own benefit or for the benefit of the holders of its | ||||||
4 | obligations or their trustee, may enter into rate protection | ||||||
5 | contracts. The Authority may enter into rate protection | ||||||
6 | contracts only pursuant to a determination by the Directors | ||||||
7 | that the terms of the contracts and any related agreements | ||||||
8 | reduce the risk of loss to the Authority, or protect, preserve | ||||||
9 | or enhance the value of its assets, or provide compensation to | ||||||
10 | the Authority for losses resulting from changes in interest | ||||||
11 | rates. The Authority's obligations under any rate protection | ||||||
12 | contract or credit enhancement or liquidity agreement shall | ||||||
13 | not be considered bonds or notes for purposes of this Act. For | ||||||
14 | purposes of this Section, a rate protection contract is a | ||||||
15 | contract determined by the Authority as necessary or | ||||||
16 | appropriate to permit it to manage payment, currency, or | ||||||
17 | interest rate risks or levels. | ||||||
18 | Section 6.11. Metropolitan Mobility Authority Additional | ||||||
19 | Operating Funding Fund. There is created the Metropolitan | ||||||
20 | Mobility Authority Additional Operating Funding Fund, a | ||||||
21 | special fund that is created in the State treasury, and, | ||||||
22 | subject to appropriation and as directed by the Board, moneys | ||||||
23 | in the Fund may be expended for any purpose allowed under this | ||||||
24 | Act. |
| |||||||
| |||||||
1 | Section 6.12. Nature of funds. The funds described in this | ||||||
2 | Act and the Equitable Transit-Supportive Development Act | ||||||
3 | generated from transportation sources and deposited into those | ||||||
4 | funds are protected under Section 11 of Article IX of the | ||||||
5 | Illinois Constitution and the uses of the funds allowed under | ||||||
6 | these Acts are deemed transportation purposes under Section 11 | ||||||
7 | of Article IX and may not, by transfer, offset, or otherwise, | ||||||
8 | be diverted by any local government, including, without | ||||||
9 | limitation, any home rule unit of government, to any purpose | ||||||
10 | other than public transportation purposes. This Section is | ||||||
11 | declarative of existing law. | ||||||
12 | Article VII. EQUITABLE TRANSIT-SUPPORTIVE DEVELOPMENT | ||||||
13 | Section 7.01. Short title; intent. | ||||||
14 | (a) This Article VII may be cited as the Equitable | ||||||
15 | Transit-Supportive Development Act. References to "this Act" | ||||||
16 | in this Article VII mean this Article VII. | ||||||
17 | (b) It is the intent of the General Assembly in enacting | ||||||
18 | this Act to (1) strengthen connections among people, places, | ||||||
19 | and transit, (2) establish a virtuous cycle of increasing | ||||||
20 | residential units and employment near transit to support | ||||||
21 | improved transit service to those community assets, (3) | ||||||
22 | support increased housing opportunities and other infill | ||||||
23 | development in transit-served locations, (4) enhance the | ||||||
24 | resilience of Illinois' transit assets and increase the value |
| |||||||
| |||||||
1 | of transit to property owners and tenants, and (5) increase | ||||||
2 | transit availability and ridership to achieve quality of life, | ||||||
3 | economic development, and sustainability objectives. | ||||||
4 | Section 7.02. Definitions. As used in this Act: | ||||||
5 | "Affordable housing" means long-term income-restricted | ||||||
6 | housing units for households whose adjusted income is at or | ||||||
7 | below 60% of the metropolitan area median income, adjusted for | ||||||
8 | household size, for the transit service area in which the | ||||||
9 | housing units are to be built. | ||||||
10 | "Near high-quality transit" in the metropolitan region, as | ||||||
11 | defined in the Metropolitan Mobility Authority Act, refers to | ||||||
12 | parcels located within one-half mile of a rail transit station | ||||||
13 | or within one-eighth mile of a bus stop with headways of no | ||||||
14 | more than 15 minutes for at least 14 hours per day. The Office | ||||||
15 | may define "near high-quality transit" differently elsewhere | ||||||
16 | in the State. | ||||||
17 | "Office" means the Office of Equitable Transit-Oriented | ||||||
18 | Development. | ||||||
19 | "Workforce housing" means long-term income-restricted | ||||||
20 | housing units for households whose adjusted income is at or | ||||||
21 | below 120% and above 60% of the metropolitan area, as that term | ||||||
22 | is defined in the Metropolitan Mobility Authority Act, median | ||||||
23 | income, adjusted for household size. | ||||||
24 | Section 7.03. Establishment of the Office of Equitable of |
| |||||||
| |||||||
1 | Transit-Oriented Development and Transit-Supportive | ||||||
2 | Development Fund. | ||||||
3 | (a) There is established the Office of Equitable of | ||||||
4 | Transit-Oriented Development and the Transit-Supportive | ||||||
5 | Development Fund, a special fund that is created in the State | ||||||
6 | treasury, and, subject to appropriation and as directed by the | ||||||
7 | Office, may be expended as provided in this Act. | ||||||
8 | (b) Amounts on deposit in the Fund and interest and other | ||||||
9 | earnings on those amounts may be used by the Office to aid | ||||||
10 | transit-supportive development near high-quality transit as | ||||||
11 | provided in this Act. | ||||||
12 | (c) Eligible uses of the Fund include, but are not limited | ||||||
13 | to, conversion of nonresidential uses to residential use, | ||||||
14 | redevelopment of underused parking lots, provision of | ||||||
15 | affordable housing and workforce housing, mixed-use | ||||||
16 | development, and joint development with a transit agency on or | ||||||
17 | in the vicinity of agency-owned property. | ||||||
18 | (d) In using moneys from the Fund, the Office shall | ||||||
19 | prioritize projects that leverage other funding sources and | ||||||
20 | promote equitable access to housing and jobs in transit-served | ||||||
21 | locations. To qualify for financial support from the Office, | ||||||
22 | local jurisdictions must identify opportunity sites with site | ||||||
23 | control or documented concurrence from property owners, | ||||||
24 | subject to specific standards to be defined by the Office, to | ||||||
25 | support these eligible uses: | ||||||
26 | (1) funding offered by the Office for predevelopment |
| |||||||
| |||||||
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 | ||||||
22 | organizations may partner to carry out this Act, including the | ||||||
23 | Office providing operating funding to metropolitan planning | ||||||
24 | organizations for personnel with expertise in | ||||||
25 | transit-supportive development in accordance with this Act. |
| |||||||
| |||||||
1 | Section 7.04. Transit support overlay districts. | ||||||
2 | (a) The metropolitan planning organization for each | ||||||
3 | municipality seeking eligibility for assistance by the Office | ||||||
4 | shall develop standards for a transit support overlay district | ||||||
5 | for that urban area, which may include, but are not limited to, | ||||||
6 | transit-supportive allowable uses and densities, restriction | ||||||
7 | of auto-oriented uses, removal of parking requirements, site | ||||||
8 | planning standards that support walkability, sidewalk network | ||||||
9 | connectivity and local funding commitments for sidewalks in | ||||||
10 | compliance with the requirements of the Americans with | ||||||
11 | Disabilities Act of 1990, as amended, and streetscape features | ||||||
12 | that encourage transit use. | ||||||
13 | (b) Assistance by the Office shall be exclusively for | ||||||
14 | projects in municipalities that have adopted the standards in | ||||||
15 | the transit support overlay district for that area or that | ||||||
16 | have adopted zoning and other changes that the Office | ||||||
17 | determines have benefits greater than or equal to such a | ||||||
18 | District. | ||||||
19 | Section 7.05. Standards and annual reporting. The Office | ||||||
20 | shall develop standards and procedures necessary to implement | ||||||
21 | this Act and shall annually publish a comprehensive annual | ||||||
22 | report that describes its transactions, holdings, and | ||||||
23 | financial position. | ||||||
24 | Section 7.06. Report to General Assembly. By no later than |
| |||||||
| |||||||
1 | 2 years after the effective date of this Act, the Office shall | ||||||
2 | submit to the General Assembly a comprehensive study of State | ||||||
3 | programs for affordable housing, economic development, and | ||||||
4 | other capital investments to determine how the criteria for | ||||||
5 | investment under those programs can be aligned to support | ||||||
6 | transit and transit-oriented development. The study shall also | ||||||
7 | identify opportunities to bundle or streamline access to other | ||||||
8 | State investments with the assistance provided by the Office. | ||||||
9 | The Illinois Housing Development Authority, Illinois Finance | ||||||
10 | Authority, Department of Commerce and Economic Opportunity, | ||||||
11 | Capital Development Board, and other relevant departments of | ||||||
12 | the State shall cooperate to provide any needed information to | ||||||
13 | complete the study and shall implement the recommendations of | ||||||
14 | the study. | ||||||
15 | Article VIII. MISCELLANEOUS | ||||||
16 | Section 8.01. The Open Meetings Act is amended by changing | ||||||
17 | Section 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 | ||||||
21 | be open to the public unless excepted in subsection (c) and | ||||||
22 | closed in accordance with Section 2a. | ||||||
23 | (b) Construction of exceptions. The exceptions contained |
| |||||||
| |||||||
1 | in subsection (c) are in derogation of the requirement that | ||||||
2 | public bodies meet in the open, and therefore, the exceptions | ||||||
3 | are to be strictly construed, extending only to subjects | ||||||
4 | clearly within their scope. The exceptions authorize but do | ||||||
5 | not require the holding of a closed meeting to discuss a | ||||||
6 | subject included within an enumerated exception. | ||||||
7 | (c) Exceptions. A public body may hold closed meetings to | ||||||
8 | consider 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
17 | relationship with the public body constitutes an | ||||||
18 | employer-employee relationship under the usual common law | ||||||
19 | rules, and who is not an independent contractor. | ||||||
20 | "Public office" means a position created by or under the | ||||||
21 | Constitution or laws of this State, the occupant of which is | ||||||
22 | charged with the exercise of some portion of the sovereign | ||||||
23 | power of this State. The term "public office" shall include | ||||||
24 | members of the public body, but it shall not include | ||||||
25 | organizational positions filled by members thereof, whether | ||||||
26 | established by law or by a public body itself, that exist to |
| |||||||
| |||||||
1 | assist the body in the conduct of its business. | ||||||
2 | "Quasi-adjudicative body" means an administrative body | ||||||
3 | charged by law or ordinance with the responsibility to conduct | ||||||
4 | hearings, receive evidence or testimony and make | ||||||
5 | determinations based thereon, but does not include local | ||||||
6 | electoral boards when such bodies are considering petition | ||||||
7 | challenges. | ||||||
8 | (e) Final action. No final action may be taken at a closed | ||||||
9 | meeting. Final action shall be preceded by a public recital of | ||||||
10 | the nature of the matter being considered and other | ||||||
11 | information that will inform the public of the business being | ||||||
12 | conducted. | ||||||
13 | (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
14 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. | ||||||
15 | 7-28-23; 103-626, eff. 1-1-25 .) | ||||||
16 | Section 8.02. The Freedom of Information Act is amended by | ||||||
17 | changing Section 7.5 as follows: | ||||||
18 | (5 ILCS 140/7.5) | ||||||
19 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
20 | by the statutes referenced below, the following shall be | ||||||
21 | exempt from inspection and copying: | ||||||
22 | (a) All information determined to be confidential | ||||||
23 | under Section 4002 of the Technology Advancement and | ||||||
24 | Development Act. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; | ||||||
3 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
4 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
5 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
6 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
7 | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||||||
8 | 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. | ||||||
9 | 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, | ||||||
10 | eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; | ||||||
11 | 103-1049, eff. 8-9-24; revised 11-26-24.) | ||||||
12 | Section 8.03. The Transportation Cooperation Act of 1971 | ||||||
13 | is 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 | ||||||
17 | passenger service within the State of Illinois, including the | ||||||
18 | equipment and facilities used in connection therewith, with | ||||||
19 | the exception of the basic system operated by the National | ||||||
20 | Railroad Passenger Corporation pursuant to Title II and | ||||||
21 | Section 403(a) of the Federal Rail Passenger Service Act of | ||||||
22 | 1970. | ||||||
23 | (b) "Federal Railroad Corporation" means the National | ||||||
24 | Railroad Passenger Corporation established pursuant to an Act |
| |||||||
| |||||||
1 | of Congress known as the "Rail Passenger Service Act of 1970." | ||||||
2 | (c) "Transportation system" means any and all modes of | ||||||
3 | public transportation within the State, including, but not | ||||||
4 | limited to, transportation of persons or property by rapid | ||||||
5 | transit, rail, bus, and aircraft, and all equipment, | ||||||
6 | facilities and property, real and personal, used in connection | ||||||
7 | therewith. | ||||||
8 | (d) "Carrier" means any corporation, authority, | ||||||
9 | partnership, association, person or district authorized to | ||||||
10 | maintain a transportation system within the State with the | ||||||
11 | exception of the Federal Railroad Corporation. | ||||||
12 | (e) "Units of local government" means cities, villages, | ||||||
13 | incorporated towns, counties, municipalities, townships, and | ||||||
14 | special districts, including any district created pursuant to | ||||||
15 | the "Local Mass Transit District Act", approved July 21, 1959, | ||||||
16 | as amended ; the Metropolitan Mobility Authority ; any Authority | ||||||
17 | created pursuant to the "Metropolitan Transit Authority Act", | ||||||
18 | approved April 12, 1945, as amended; and , any authority, | ||||||
19 | commission , or other entity which by virtue of an interstate | ||||||
20 | compact approved by Congress is authorized to provide mass | ||||||
21 | transportation. | ||||||
22 | (f) "Universities" means all public institutions of higher | ||||||
23 | education as defined in an "Act creating a Board of Higher | ||||||
24 | Education, defining its powers and duties, making an | ||||||
25 | appropriation therefor, and repealing an Act herein named", | ||||||
26 | approved August 22, 1961, as amended, and all private |
| |||||||
| |||||||
1 | institutions of higher education as defined in the Illinois | ||||||
2 | Finance Authority Act. | ||||||
3 | (g) "Department" means the Illinois Department of | ||||||
4 | Transportation, or such other department designated by law to | ||||||
5 | perform the duties and functions of the Illinois Department of | ||||||
6 | Transportation prior to January 1, 1972. | ||||||
7 | (h) "Association" means any Transportation Service | ||||||
8 | Association created pursuant to Section 4 of this Act. | ||||||
9 | (i) "Contracting Parties" means any units of local | ||||||
10 | government or universities which have associated and joined | ||||||
11 | together pursuant to Section 3 of this Act. | ||||||
12 | (j) "Governing authorities" means (1) the city council or | ||||||
13 | similar legislative body of a city; (2) the board of trustees | ||||||
14 | or similar body of a village or incorporated town; (3) the | ||||||
15 | council of a municipality under the commission form of | ||||||
16 | municipal government; (4) the board of trustees in a township; | ||||||
17 | (5) the Board of Trustees of the University of Illinois, the | ||||||
18 | Board of Trustees of Southern Illinois University, the Board | ||||||
19 | of Trustees of Chicago State University, the Board of Trustees | ||||||
20 | of Eastern Illinois University, the Board of Trustees of | ||||||
21 | Governors State University, the Board of Trustees of Illinois | ||||||
22 | State University, the Board of Trustees of Northeastern | ||||||
23 | Illinois University, the Board of Trustees of Northern | ||||||
24 | Illinois University, the Board of Trustees of Western Illinois | ||||||
25 | University, and the Illinois Community College Board; (6) the | ||||||
26 | county board of a county; and (7) the trustees, commissioners, |
| |||||||
| |||||||
1 | board members, or directors of a university, special district, | ||||||
2 | authority or similar agency. | ||||||
3 | (Source: P.A. 93-205, eff. 1-1-04 .) | ||||||
4 | Section 8.04. The Illinois Public Labor Relations Act is | ||||||
5 | amended 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 | ||||||
8 | Panel. | ||||||
9 | (a) There is created the Illinois Labor Relations Board. | ||||||
10 | The Board shall be comprised of 2 panels, to be known as the | ||||||
11 | State Panel and the Local Panel. | ||||||
12 | (a-5) The State Panel shall have jurisdiction over | ||||||
13 | collective bargaining matters between employee organizations | ||||||
14 | and the State of Illinois, excluding the General Assembly of | ||||||
15 | the State of Illinois, between employee organizations and | ||||||
16 | units of local government and school districts with a | ||||||
17 | population not in excess of 2 million persons, and between | ||||||
18 | employee organizations and the Metropolitan Mobility Regional | ||||||
19 | Transportation Authority. | ||||||
20 | The State Panel shall consist of 5 members appointed by | ||||||
21 | the Governor, with the advice and consent of the Senate. The | ||||||
22 | Governor shall appoint to the State Panel only persons who | ||||||
23 | have had a minimum of 5 years of experience directly related to | ||||||
24 | labor and employment relations in representing public |
| |||||||
| |||||||
1 | employers, private employers , or labor organizations; or | ||||||
2 | teaching labor or employment relations; or administering | ||||||
3 | executive orders or regulations applicable to labor or | ||||||
4 | employment relations. At the time of his or her appointment, | ||||||
5 | each member of the State Panel shall be an Illinois resident. | ||||||
6 | The Governor shall designate one member to serve as the | ||||||
7 | Chairman of the State Panel and the Board. | ||||||
8 | Notwithstanding any other provision of this Section, the | ||||||
9 | term of each member of the State Panel who was appointed by the | ||||||
10 | Governor and is in office on June 30, 2003 shall terminate at | ||||||
11 | the close of business on that date or when all of the successor | ||||||
12 | members to be appointed pursuant to Public Act 93-509 this | ||||||
13 | amendatory Act of the 93rd General Assembly have been | ||||||
14 | appointed by the Governor, whichever occurs later. As soon as | ||||||
15 | possible, the Governor shall appoint persons to fill the | ||||||
16 | vacancies created by this amendatory Act. | ||||||
17 | The initial appointments under Public Act 93-509 this | ||||||
18 | amendatory Act of the 93rd General Assembly shall be for terms | ||||||
19 | as follows: The Chairman shall initially be appointed for a | ||||||
20 | term ending on the 4th Monday in January, 2007; 2 members shall | ||||||
21 | be initially appointed for terms ending on the 4th Monday in | ||||||
22 | January, 2006; one member shall be initially appointed for a | ||||||
23 | term ending on the 4th Monday in January, 2005; and one member | ||||||
24 | shall be initially appointed for a term ending on the 4th | ||||||
25 | Monday in January, 2004. Each subsequent member shall be | ||||||
26 | appointed for a term of 4 years, commencing on the 4th Monday |
| |||||||
| |||||||
1 | in January. Upon expiration of the term of office of any | ||||||
2 | appointive member, that member shall continue to serve until a | ||||||
3 | successor shall be appointed and qualified. In case of a | ||||||
4 | vacancy, a successor shall be appointed to serve for the | ||||||
5 | unexpired portion of the term. If the Senate is not in session | ||||||
6 | at the time the initial appointments are made, the Governor | ||||||
7 | shall make temporary appointments in the same manner | ||||||
8 | successors are appointed to fill vacancies. A temporary | ||||||
9 | appointment shall remain in effect no longer than 20 calendar | ||||||
10 | days after the commencement of the next Senate session. | ||||||
11 | (b) The Local Panel shall have jurisdiction over | ||||||
12 | collective bargaining agreement matters between employee | ||||||
13 | organizations and units of local government with a population | ||||||
14 | in excess of 2 million persons, but excluding the Metropolitan | ||||||
15 | Mobility Regional Transportation Authority. | ||||||
16 | The Local Panel shall consist of one person appointed by | ||||||
17 | the Governor with the advice and consent of the Senate (or, if | ||||||
18 | no such person is appointed, the Chairman of the State Panel) | ||||||
19 | and two additional members, one appointed by the Mayor of the | ||||||
20 | City of Chicago and one appointed by the President of the Cook | ||||||
21 | County Board of Commissioners. Appointees to the Local Panel | ||||||
22 | must have had a minimum of 5 years of experience directly | ||||||
23 | related to labor and employment relations in representing | ||||||
24 | public employers, private employers , or labor organizations; | ||||||
25 | or teaching labor or employment relations; or administering | ||||||
26 | executive orders or regulations applicable to labor or |
| |||||||
| |||||||
1 | employment relations. Each member of the Local Panel shall be | ||||||
2 | an Illinois resident at the time of his or her appointment. The | ||||||
3 | member appointed by the Governor (or, if no such person is | ||||||
4 | appointed, the Chairman of the State Panel) shall serve as the | ||||||
5 | Chairman of the Local Panel. | ||||||
6 | Notwithstanding any other provision of this Section, the | ||||||
7 | term of the member of the Local Panel who was appointed by the | ||||||
8 | Governor and is in office on June 30, 2003 shall terminate at | ||||||
9 | the close of business on that date or when his or her successor | ||||||
10 | has been appointed by the Governor, whichever occurs later. As | ||||||
11 | soon as possible, the Governor shall appoint a person to fill | ||||||
12 | the vacancy created by this amendatory Act. The initial | ||||||
13 | appointment under Public Act 93-509 this amendatory Act of the | ||||||
14 | 93rd General Assembly shall be for a term ending on the 4th | ||||||
15 | Monday in January, 2007. | ||||||
16 | The initial appointments under Public Act 91-798 this | ||||||
17 | amendatory Act of the 91st General Assembly shall be for terms | ||||||
18 | as follows: The member appointed by the Governor shall | ||||||
19 | initially be appointed for a term ending on the 4th Monday in | ||||||
20 | January, 2001; the member appointed by the President of the | ||||||
21 | Cook County Board shall be initially appointed for a term | ||||||
22 | ending on the 4th Monday in January, 2003; and the member | ||||||
23 | appointed by the Mayor of the City of Chicago shall be | ||||||
24 | initially appointed for a term ending on the 4th Monday in | ||||||
25 | January, 2004. Each subsequent member shall be appointed for a | ||||||
26 | term of 4 years, commencing on the 4th Monday in January. Upon |
| |||||||
| |||||||
1 | expiration of the term of office of any appointive member, the | ||||||
2 | member shall continue to serve until a successor shall be | ||||||
3 | appointed and qualified. In the case of a vacancy, a successor | ||||||
4 | shall be appointed by the applicable appointive authority to | ||||||
5 | serve for the unexpired portion of the term. | ||||||
6 | (c) Three members of the State Panel shall at all times | ||||||
7 | constitute a quorum. Two members of the Local Panel shall at | ||||||
8 | all times constitute a quorum. A vacancy on a panel does not | ||||||
9 | impair the right of the remaining members to exercise all of | ||||||
10 | the powers of that panel. Each panel shall adopt an official | ||||||
11 | seal which shall be judicially noticed. The salary of the | ||||||
12 | Chairman of the State Panel shall be $82,429 per year, or as | ||||||
13 | set by the Compensation Review Board, whichever is greater, | ||||||
14 | and that of the other members of the State and Local Panels | ||||||
15 | shall be $74,188 per year, or as set by the Compensation Review | ||||||
16 | Board, whichever is greater. | ||||||
17 | (d) Each member shall devote his or her entire time to the | ||||||
18 | duties of the office, and shall hold no other office or | ||||||
19 | position of profit, nor engage in any other business, | ||||||
20 | employment, or vocation. No member shall hold any other public | ||||||
21 | office or be employed as a labor or management representative | ||||||
22 | by the State or any political subdivision of the State or of | ||||||
23 | any department or agency thereof, or actively represent or act | ||||||
24 | on behalf of an employer or an employee organization or an | ||||||
25 | employer in labor relations matters. Any member of the State | ||||||
26 | Panel may be removed from office by the Governor for |
| |||||||
| |||||||
1 | inefficiency, neglect of duty, misconduct or malfeasance in | ||||||
2 | office, and for no other cause, and only upon notice and | ||||||
3 | hearing. Any member of the Local Panel may be removed from | ||||||
4 | office by the applicable appointive authority for | ||||||
5 | inefficiency, neglect of duty, misconduct or malfeasance in | ||||||
6 | office, and for no other cause, and only upon notice and | ||||||
7 | hearing. | ||||||
8 | (e) Each panel at the end of every State fiscal year shall | ||||||
9 | make a report in writing to the Governor and the General | ||||||
10 | Assembly, stating in detail the work it has done to carry out | ||||||
11 | the policy of the Act in hearing and deciding cases and | ||||||
12 | otherwise. 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
11 | the duties prescribed by this Act, a panel or its authorized | ||||||
12 | designees may hold elections to determine whether a labor | ||||||
13 | organization has majority status; investigate and attempt to | ||||||
14 | resolve or settle charges of unfair labor practices; hold | ||||||
15 | hearings in order to carry out its functions; develop and | ||||||
16 | effectuate appropriate impasse resolution procedures for | ||||||
17 | purposes of resolving labor disputes; require the appearance | ||||||
18 | of witnesses and the production of evidence on any matter | ||||||
19 | under inquiry; and administer oaths and affirmations. The | ||||||
20 | panels shall sign and report in full an opinion in every case | ||||||
21 | which they decide. | ||||||
22 | (g) Each panel may appoint or employ an executive | ||||||
23 | director, attorneys, hearing officers, mediators, | ||||||
24 | fact-finders, arbitrators, and such other employees as it may | ||||||
25 | deem necessary to perform its functions. The governing boards | ||||||
26 | shall prescribe the duties and qualifications of such persons |
| |||||||
| |||||||
1 | appointed and, subject to the annual appropriation, fix their | ||||||
2 | compensation and provide for reimbursement of actual and | ||||||
3 | necessary expenses incurred in the performance of their | ||||||
4 | duties. The Board shall employ a minimum of 16 attorneys and 6 | ||||||
5 | investigators. | ||||||
6 | (h) Each panel shall exercise general supervision over all | ||||||
7 | attorneys which it employs and over the other persons employed | ||||||
8 | to provide necessary support services for such attorneys. The | ||||||
9 | panels shall have final authority in respect to complaints | ||||||
10 | brought pursuant to this Act. | ||||||
11 | (i) The following rules and regulations shall be adopted | ||||||
12 | by the panels meeting in joint session: (1) procedural rules | ||||||
13 | and regulations which shall govern all Board proceedings; (2) | ||||||
14 | procedures for election of exclusive bargaining | ||||||
15 | representatives pursuant to Section 9, except for the | ||||||
16 | determination of appropriate bargaining units; and (3) | ||||||
17 | appointment of counsel pursuant to subsection (k) of this | ||||||
18 | Section. | ||||||
19 | (j) Rules and regulations may be adopted, amended or | ||||||
20 | rescinded only upon a vote of 5 of the members of the State and | ||||||
21 | Local Panels meeting in joint session. The adoption, | ||||||
22 | amendment , or rescission of rules and regulations shall be in | ||||||
23 | conformity with the requirements of the Illinois | ||||||
24 | Administrative Procedure Act. | ||||||
25 | (k) The panels in joint session shall promulgate rules and | ||||||
26 | regulations providing for the appointment of attorneys or |
| |||||||
| |||||||
1 | other Board representatives to represent persons in unfair | ||||||
2 | labor practice proceedings before a panel. The regulations | ||||||
3 | governing appointment shall require the applicant to | ||||||
4 | demonstrate an inability to pay for or inability to otherwise | ||||||
5 | provide for adequate representation before a panel. Such rules | ||||||
6 | must also provide: (1) that an attorney may not be appointed in | ||||||
7 | cases which, in the opinion of a panel, are clearly without | ||||||
8 | merit; (2) the stage of the unfair labor proceeding at which | ||||||
9 | counsel will be appointed; and (3) the circumstances under | ||||||
10 | which a client will be allowed to select counsel. | ||||||
11 | (1) The panels in joint session may promulgate rules and | ||||||
12 | regulations which allow parties in proceedings before a panel | ||||||
13 | to be represented by counsel or any other representative of | ||||||
14 | the party's choice. | ||||||
15 | (m) The Chairman of the State Panel shall serve as | ||||||
16 | Chairman of a joint session of the panels. Attendance of at | ||||||
17 | least 2 members of the State Panel and at least one member of | ||||||
18 | the Local Panel, in addition to the Chairman, shall constitute | ||||||
19 | a quorum at a joint session. The panels shall meet in joint | ||||||
20 | session 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, | ||||||
24 | which has been held unconstitutional) | ||||||
25 | Sec. 15. Act takes precedence Takes Precedence . |
| |||||||
| |||||||
1 | (a) In case of any conflict between the provisions of this | ||||||
2 | Act and any other law (other than Section 5 of the State | ||||||
3 | Employees Group Insurance Act of 1971 and other than the | ||||||
4 | changes made to the Illinois Pension Code by Public Act 96-889 | ||||||
5 | this amendatory Act of the 96th General Assembly ), executive | ||||||
6 | order or administrative regulation relating to wages, hours | ||||||
7 | and conditions of employment and employment relations, the | ||||||
8 | provisions of this Act or any collective bargaining agreement | ||||||
9 | negotiated thereunder shall prevail and control. Nothing in | ||||||
10 | this Act shall be construed to replace or diminish the rights | ||||||
11 | of employees established by Sections 4.14 through 4.18 of the | ||||||
12 | Metropolitan Mobility Authority Act Sections 28 and 28a of the | ||||||
13 | Metropolitan Transit Authority Act, Sections 2.15 through 2.19 | ||||||
14 | of the Regional Transportation Authority Act . The provisions | ||||||
15 | of this Act are subject to Section 5 of the State Employees | ||||||
16 | Group Insurance Act of 1971. Nothing in this Act shall be | ||||||
17 | construed to replace the necessity of complaints against a | ||||||
18 | sworn peace officer, as defined in Section 2(a) of the Uniform | ||||||
19 | Peace Officers' Officer Disciplinary Act, from having a | ||||||
20 | complaint supported by a sworn affidavit. | ||||||
21 | (b) Except as provided in subsection (a) above, any | ||||||
22 | collective bargaining contract between a public employer and a | ||||||
23 | labor organization executed pursuant to this Act shall | ||||||
24 | supersede any contrary statutes, charters, ordinances, rules | ||||||
25 | or regulations relating to wages, hours and conditions of | ||||||
26 | employment and employment relations adopted by the public |
| |||||||
| |||||||
1 | employer or its agents. Any collective bargaining agreement | ||||||
2 | entered into prior to the effective date of this Act shall | ||||||
3 | remain in full force during its duration. | ||||||
4 | (c) It is the public policy of this State, pursuant to | ||||||
5 | paragraphs (h) and (i) of Section 6 of Article VII of the | ||||||
6 | Illinois Constitution, that the provisions of this Act are the | ||||||
7 | exclusive exercise by the State of powers and functions which | ||||||
8 | might otherwise be exercised by home rule units. Such powers | ||||||
9 | and functions may not be exercised concurrently, either | ||||||
10 | directly or indirectly, by any unit of local government, | ||||||
11 | including any home rule unit, except as otherwise authorized | ||||||
12 | by this Act. | ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11; | ||||||
14 | revised 7-23-24.) | ||||||
15 | Section 8.05. The State Employees Group Insurance Act of | ||||||
16 | 1971 is amended by changing Section 2.5 as follows: | ||||||
17 | (5 ILCS 375/2.5) | ||||||
18 | Sec. 2.5. Application to Regional Transportation Authority | ||||||
19 | Board and Metropolitan Mobility Authority Board members. | ||||||
20 | Notwithstanding any other provision of this Act to the | ||||||
21 | contrary, this Act does not apply to any member of the Regional | ||||||
22 | Transportation Authority Board or the Metropolitan Mobility | ||||||
23 | Authority Board who first becomes a member of either that | ||||||
24 | Board on or after July 23, 2013 (the effective date of Public |
| |||||||
| |||||||
1 | Act 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 | ||||||
4 | is amended by changing Sections 1-5, 20-5, 20-10, 75-5, and | ||||||
5 | 75-10 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 | ||||||
9 | with a State agency, regardless of whether the position is | ||||||
10 | compensated. | ||||||
11 | "Board members of Regional Development Authorities" means | ||||||
12 | any person appointed to serve on the governing board of a | ||||||
13 | Regional Development Authority. | ||||||
14 | "Board members of the Regional Transit Board Boards " means | ||||||
15 | any person appointed to serve on the governing board of the | ||||||
16 | Metropolitan Mobility Authority Board a Regional Transit | ||||||
17 | Board . | ||||||
18 | "Campaign for elective office" means any activity in | ||||||
19 | furtherance of an effort to influence the selection, | ||||||
20 | nomination, election, or appointment of any individual to any | ||||||
21 | federal, State, or local public office or office in a | ||||||
22 | political organization, or the selection, nomination, or | ||||||
23 | election of Presidential or Vice-Presidential electors, but | ||||||
24 | does not include activities (i) relating to the support or |
| |||||||
| |||||||
1 | opposition of any executive, legislative, or administrative | ||||||
2 | action (as those terms are defined in Section 2 of the Lobbyist | ||||||
3 | Registration Act), (ii) relating to collective bargaining, or | ||||||
4 | (iii) that are otherwise in furtherance of the person's | ||||||
5 | official State duties. | ||||||
6 | "Candidate" means a person who has filed nominating papers | ||||||
7 | or petitions for nomination or election to an elected State | ||||||
8 | office, or who has been appointed to fill a vacancy in | ||||||
9 | nomination, and who remains eligible for placement on the | ||||||
10 | ballot at either a general primary election or general | ||||||
11 | election. | ||||||
12 | "Collective bargaining" has the same meaning as that term | ||||||
13 | is defined in Section 3 of the Illinois Public Labor Relations | ||||||
14 | Act. | ||||||
15 | "Commission" means an ethics commission created by this | ||||||
16 | Act. | ||||||
17 | "Compensated time" means any time worked by or credited to | ||||||
18 | a State employee that counts toward any minimum work time | ||||||
19 | requirement imposed as a condition of employment with a State | ||||||
20 | agency, but does not include any designated State holidays or | ||||||
21 | any period when the employee is on a leave of absence. | ||||||
22 | "Compensatory time off" means authorized time off earned | ||||||
23 | by or awarded to a State employee to compensate in whole or in | ||||||
24 | part for time worked in excess of the minimum work time | ||||||
25 | required of that employee as a condition of employment with a | ||||||
26 | State agency. |
| |||||||
| |||||||
1 | "Contribution" has the same meaning as that term is | ||||||
2 | defined in Section 9-1.4 of the Election Code. | ||||||
3 | "Employee" means (i) any person employed full-time, | ||||||
4 | part-time, or pursuant to a contract and whose employment | ||||||
5 | duties are subject to the direction and control of an employer | ||||||
6 | with regard to the material details of how the work is to be | ||||||
7 | performed or (ii) any appointed or elected commissioner, | ||||||
8 | trustee, director, or board member of a board of a State | ||||||
9 | agency, including any retirement system or investment board | ||||||
10 | subject to the Illinois Pension Code or (iii) any other | ||||||
11 | appointee. | ||||||
12 | "Employment benefits" include but are not limited to the | ||||||
13 | following: modified compensation or benefit terms; compensated | ||||||
14 | time off; or change of title, job duties, or location of office | ||||||
15 | or employment. An employment benefit may also include | ||||||
16 | favorable treatment in determining whether to bring any | ||||||
17 | disciplinary or similar action or favorable treatment during | ||||||
18 | the course of any disciplinary or similar action or other | ||||||
19 | performance review. | ||||||
20 | "Executive branch constitutional officer" means the | ||||||
21 | Governor, Lieutenant Governor, Attorney General, Secretary of | ||||||
22 | State, Comptroller, and Treasurer. | ||||||
23 | "Gift" means any gratuity, discount, entertainment, | ||||||
24 | hospitality, loan, forbearance, or other tangible or | ||||||
25 | intangible item having monetary value including, but not | ||||||
26 | limited to, cash, food and drink, and honoraria for speaking |
| |||||||
| |||||||
1 | engagements related to or attributable to government | ||||||
2 | employment or the official position of an employee, member, or | ||||||
3 | officer. The value of a gift may be further defined by rules | ||||||
4 | adopted by the appropriate ethics commission or by the Auditor | ||||||
5 | General for the Auditor General and for employees of the | ||||||
6 | office of the Auditor General. | ||||||
7 | "Governmental entity" means a unit of local government | ||||||
8 | (including a community college district) or a school district | ||||||
9 | but not a State agency, a Regional Transit Board, or a Regional | ||||||
10 | Development Authority. | ||||||
11 | "Leave of absence" means any period during which a State | ||||||
12 | employee does not receive (i) compensation for State | ||||||
13 | employment, (ii) service credit towards State pension | ||||||
14 | benefits, and (iii) health insurance benefits paid for by the | ||||||
15 | State. | ||||||
16 | "Legislative branch constitutional officer" means a member | ||||||
17 | of the General Assembly and the Auditor General. | ||||||
18 | "Legislative leader" means the President and Minority | ||||||
19 | Leader of the Senate and the Speaker and Minority Leader of the | ||||||
20 | House of Representatives. | ||||||
21 | "Member" means a member of the General Assembly. | ||||||
22 | "Officer" means an executive branch constitutional officer | ||||||
23 | or a legislative branch constitutional officer. | ||||||
24 | "Political" means any activity in support of or in | ||||||
25 | connection with any campaign for elective office or any | ||||||
26 | political organization, but does not include activities (i) |
| |||||||
| |||||||
1 | relating to the support or opposition of any executive, | ||||||
2 | legislative, or administrative action (as those terms are | ||||||
3 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
4 | relating to collective bargaining, or (iii) that are otherwise | ||||||
5 | in furtherance of the person's official State duties or | ||||||
6 | governmental and public service functions. | ||||||
7 | "Political organization" means a party, committee, | ||||||
8 | association, fund, or other organization (whether or not | ||||||
9 | incorporated) that is required to file a statement of | ||||||
10 | organization with the State Board of Elections or a county | ||||||
11 | clerk under Section 9-3 of the Election Code, but only with | ||||||
12 | regard to those activities that require filing with the State | ||||||
13 | Board 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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
16 | regional 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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
1 | "Regional Transit Board Boards " means (i) the Metropolitan | ||||||
2 | Mobility Authority Board created by the Metropolitan Mobility | ||||||
3 | Authority Act Regional Transportation Authority created by the | ||||||
4 | Regional Transportation Authority Act, (ii) the Suburban Bus | ||||||
5 | Division created by the Regional Transportation Authority Act, | ||||||
6 | (iii) the Commuter Rail Division created by the Regional | ||||||
7 | Transportation Authority Act, and (iv) the Chicago Transit | ||||||
8 | Authority created by the Metropolitan Transit Authority Act . | ||||||
9 | "State agency" includes all officers, boards, commissions | ||||||
10 | and agencies created by the Constitution, whether in the | ||||||
11 | executive or legislative branch; all officers, departments, | ||||||
12 | boards, commissions, agencies, institutions, authorities, | ||||||
13 | public institutions of higher learning as defined in Section 2 | ||||||
14 | of the Higher Education Cooperation Act (except community | ||||||
15 | colleges), and bodies politic and corporate of the State; and | ||||||
16 | administrative units or corporate outgrowths of the State | ||||||
17 | government which are created by or pursuant to statute, other | ||||||
18 | than units of local government (including community college | ||||||
19 | districts) and their officers, school districts, and boards of | ||||||
20 | election commissioners; and all administrative units and | ||||||
21 | corporate outgrowths of the above and as may be created by | ||||||
22 | executive order of the Governor. "State agency" includes the | ||||||
23 | General Assembly, the Senate, the House of Representatives, | ||||||
24 | the President and Minority Leader of the Senate, the Speaker | ||||||
25 | and Minority Leader of the House of Representatives, the | ||||||
26 | Senate Operations Commission, and the legislative support |
| |||||||
| |||||||
1 | services agencies. "State agency" includes the Office of the | ||||||
2 | Auditor General. "State agency" does not include the judicial | ||||||
3 | branch. | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
23 | commissioners. The Governor shall appoint 5 commissioners, and | ||||||
24 | the Attorney General, Secretary of State, Comptroller, and | ||||||
25 | Treasurer shall each appoint one commissioner. Appointments |
| |||||||
| |||||||
1 | shall be made by and with the advice and consent of the Senate | ||||||
2 | by three-fifths of the elected members concurring by record | ||||||
3 | vote. Any nomination not acted upon by the Senate within 60 | ||||||
4 | session days of the receipt thereof shall be deemed to have | ||||||
5 | received the advice and consent of the Senate. If, during a | ||||||
6 | recess of the Senate, there is a vacancy in an office of | ||||||
7 | commissioner, the appointing authority shall make a temporary | ||||||
8 | appointment until the next meeting of the Senate when the | ||||||
9 | appointing authority shall make a nomination to fill that | ||||||
10 | office. No person rejected for an office of commissioner | ||||||
11 | shall, except by the Senate's request, be nominated again for | ||||||
12 | that office at the same session of the Senate or be appointed | ||||||
13 | to that office during a recess of that Senate. No more than 5 | ||||||
14 | commissioners may be of the same political party. | ||||||
15 | The terms of the initial commissioners shall commence upon | ||||||
16 | qualification. Four initial appointees of the Governor, as | ||||||
17 | designated by the Governor, shall serve terms running through | ||||||
18 | June 30, 2007. One initial appointee of the Governor, as | ||||||
19 | designated by the Governor, and the initial appointees of the | ||||||
20 | Attorney General, Secretary of State, Comptroller, and | ||||||
21 | Treasurer shall serve terms running through June 30, 2008. The | ||||||
22 | initial appointments shall be made within 60 days after the | ||||||
23 | effective date of this Act. | ||||||
24 | After the initial terms, commissioners shall serve for | ||||||
25 | 4-year terms commencing on July 1 of the year of appointment | ||||||
26 | and running through June 30 of the fourth following year. |
| |||||||
| |||||||
1 | Commissioners may be reappointed to one or more subsequent | ||||||
2 | terms. | ||||||
3 | Vacancies occurring other than at the end of a term shall | ||||||
4 | be filled by the appointing authority only for the balance of | ||||||
5 | the term of the commissioner whose office is vacant. | ||||||
6 | Terms shall run regardless of whether the position is | ||||||
7 | filled. | ||||||
8 | (c) The appointing authorities shall appoint commissioners | ||||||
9 | who have experience holding governmental office or employment | ||||||
10 | and shall appoint commissioners from the general public. A | ||||||
11 | person is not eligible to serve as a commissioner if that | ||||||
12 | person (i) has been convicted of a felony or a crime of | ||||||
13 | dishonesty or moral turpitude, (ii) is, or was within the | ||||||
14 | preceding 12 months, engaged in activities that require | ||||||
15 | registration under the Lobbyist Registration Act, (iii) is | ||||||
16 | related to the appointing authority, or (iv) is a State | ||||||
17 | officer or employee. | ||||||
18 | (d) The Executive Ethics Commission shall have | ||||||
19 | jurisdiction over all officers and employees of State agencies | ||||||
20 | other than the General Assembly, the Senate, the House of | ||||||
21 | Representatives, the President and Minority Leader of the | ||||||
22 | Senate, the Speaker and Minority Leader of the House of | ||||||
23 | Representatives, the Senate Operations Commission, the | ||||||
24 | legislative support services agencies, and the Office of the | ||||||
25 | Auditor General. The Executive Ethics Commission shall have | ||||||
26 | jurisdiction over all board members and employees of the |
| |||||||
| |||||||
1 | Regional Transit Board Boards and all board members and | ||||||
2 | employees of Regional Development Authorities. The | ||||||
3 | jurisdiction of the Commission is limited to matters arising | ||||||
4 | under this Act, except as provided in subsection (d-5). | ||||||
5 | A member or legislative branch State employee serving on | ||||||
6 | an executive branch board or commission remains subject to the | ||||||
7 | jurisdiction of the Legislative Ethics Commission and is not | ||||||
8 | subject to the jurisdiction of the Executive Ethics | ||||||
9 | Commission. | ||||||
10 | (d-5) The Executive Ethics Commission shall have | ||||||
11 | jurisdiction over all chief procurement officers and | ||||||
12 | procurement compliance monitors and their respective staffs. | ||||||
13 | The Executive Ethics Commission shall have jurisdiction over | ||||||
14 | any matters arising under the Illinois Procurement Code if the | ||||||
15 | Commission is given explicit authority in that Code. | ||||||
16 | (d-6) (1) The Executive Ethics Commission shall have | ||||||
17 | jurisdiction over the Illinois Power Agency and its staff. The | ||||||
18 | Director of the Agency shall be appointed by a majority of the | ||||||
19 | commissioners of the Executive Ethics Commission, subject to | ||||||
20 | Senate confirmation, for a term of 2 years. The Director is | ||||||
21 | removable for cause by a majority of the Commission upon a | ||||||
22 | finding of neglect, malfeasance, absence, or incompetence. | ||||||
23 | (2) In case of a vacancy in the office of Director of the | ||||||
24 | Illinois Power Agency during a recess of the Senate, the | ||||||
25 | Executive Ethics Commission may make a temporary appointment | ||||||
26 | until the next meeting of the Senate, at which time the |
| |||||||
| |||||||
1 | Executive Ethics Commission shall nominate some person to fill | ||||||
2 | the office, and any person so nominated who is confirmed by the | ||||||
3 | Senate shall hold office during the remainder of the term and | ||||||
4 | until his or her successor is appointed and qualified. Nothing | ||||||
5 | in this subsection shall prohibit the Executive Ethics | ||||||
6 | Commission from removing a temporary appointee or from | ||||||
7 | appointing a temporary appointee as the Director of the | ||||||
8 | Illinois Power Agency. | ||||||
9 | (3) Prior to June 1, 2012, the Executive Ethics Commission | ||||||
10 | may, until the Director of the Illinois Power Agency is | ||||||
11 | appointed and qualified or a temporary appointment is made | ||||||
12 | pursuant to paragraph (2) of this subsection, designate some | ||||||
13 | person as an acting Director to execute the powers and | ||||||
14 | discharge the duties vested by law in that Director. An acting | ||||||
15 | Director shall serve no later than 60 calendar days, or upon | ||||||
16 | the making of an appointment pursuant to paragraph (1) or (2) | ||||||
17 | of this subsection, whichever is earlier. Nothing in this | ||||||
18 | subsection shall prohibit the Executive Ethics Commission from | ||||||
19 | removing an acting Director or from appointing an acting | ||||||
20 | Director as the Director of the Illinois Power Agency. | ||||||
21 | (4) No person rejected by the Senate for the office of | ||||||
22 | Director of the Illinois Power Agency shall, except at the | ||||||
23 | Senate's request, be nominated again for that office at the | ||||||
24 | same session or be appointed to that office during a recess of | ||||||
25 | that Senate. | ||||||
26 | (d-7) The Executive Ethics Commission shall have |
| |||||||
| |||||||
1 | jurisdiction over complainants and respondents in violation of | ||||||
2 | subsection (d) of Section 20-90. | ||||||
3 | (e) The Executive Ethics Commission must meet, either in | ||||||
4 | person or by other technological means, at least monthly and | ||||||
5 | as often as necessary. At the first meeting of the Executive | ||||||
6 | Ethics Commission, the commissioners shall choose from their | ||||||
7 | number a chairperson and other officers that they deem | ||||||
8 | appropriate. The terms of officers shall be for 2 years | ||||||
9 | commencing July 1 and running through June 30 of the second | ||||||
10 | following year. Meetings shall be held at the call of the | ||||||
11 | chairperson or any 3 commissioners. Official action by the | ||||||
12 | Commission shall require the affirmative vote of 5 | ||||||
13 | commissioners, and a quorum shall consist of 5 commissioners. | ||||||
14 | Commissioners shall receive compensation in an amount equal to | ||||||
15 | the compensation of members of the State Board of Elections | ||||||
16 | and may be reimbursed for their reasonable expenses actually | ||||||
17 | incurred in the performance of their duties. | ||||||
18 | (f) No commissioner or employee of the Executive Ethics | ||||||
19 | Commission may during his or her term of appointment or | ||||||
20 | employment: | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
6 | for cause. | ||||||
7 | (h) The Executive Ethics Commission shall appoint an | ||||||
8 | Executive Director. The compensation of the Executive Director | ||||||
9 | shall be as determined by the Commission. The Executive | ||||||
10 | Director of the Executive Ethics Commission may employ and | ||||||
11 | determine the compensation of staff, as appropriations permit. | ||||||
12 | (i) The Executive Ethics Commission shall appoint, by a | ||||||
13 | majority of the members appointed to the Commission, chief | ||||||
14 | procurement officers and may appoint procurement compliance | ||||||
15 | monitors in accordance with the provisions of the Illinois | ||||||
16 | Procurement Code. The compensation of a chief procurement | ||||||
17 | officer and procurement compliance monitor shall be determined | ||||||
18 | by 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 | ||||||
23 | General are created, one each for the Governor, the Attorney | ||||||
24 | General, the Secretary of State, the Comptroller, and the | ||||||
25 | Treasurer. Each Office shall be under the direction and |
| |||||||
| |||||||
1 | supervision of an Executive Inspector General and shall be a | ||||||
2 | fully independent office with separate appropriations. | ||||||
3 | (b) The Governor, Attorney General, Secretary of State, | ||||||
4 | Comptroller, and Treasurer shall each appoint an Executive | ||||||
5 | Inspector General, without regard to political affiliation and | ||||||
6 | solely on the basis of integrity and demonstrated ability. | ||||||
7 | Appointments shall be made by and with the advice and consent | ||||||
8 | of the Senate by three-fifths of the elected members | ||||||
9 | concurring by record vote. Any nomination not acted upon by | ||||||
10 | the Senate within 60 session days of the receipt thereof shall | ||||||
11 | be deemed to have received the advice and consent of the | ||||||
12 | Senate. If, during a recess of the Senate, there is a vacancy | ||||||
13 | in an office of Executive Inspector General, the appointing | ||||||
14 | authority shall make a temporary appointment until the next | ||||||
15 | meeting of the Senate when the appointing authority shall make | ||||||
16 | a nomination to fill that office. No person rejected for an | ||||||
17 | office of Executive Inspector General shall, except by the | ||||||
18 | Senate's request, be nominated again for that office at the | ||||||
19 | same session of the Senate or be appointed to that office | ||||||
20 | during a recess of that Senate. | ||||||
21 | Nothing in this Article precludes the appointment by the | ||||||
22 | Governor, Attorney General, Secretary of State, Comptroller, | ||||||
23 | or Treasurer of any other inspector general required or | ||||||
24 | permitted by law. The Governor, Attorney General, Secretary of | ||||||
25 | State, Comptroller, and Treasurer each may appoint an existing | ||||||
26 | inspector general as the Executive Inspector General required |
| |||||||
| |||||||
1 | by this Article, provided that such an inspector general is | ||||||
2 | not prohibited by law, rule, jurisdiction, qualification, or | ||||||
3 | interest from serving as the Executive Inspector General | ||||||
4 | required by this Article. An appointing authority may not | ||||||
5 | appoint a relative as an Executive Inspector General. | ||||||
6 | Each Executive Inspector General shall have the following | ||||||
7 | qualifications: | ||||||
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 | ||||||
21 | commence upon qualification and shall run through June 30, | ||||||
22 | 2008. The initial appointments shall be made within 60 days | ||||||
23 | after the effective date of this Act. | ||||||
24 | After the initial term, each Executive Inspector General | ||||||
25 | shall serve for 5-year terms commencing on July 1 of the year | ||||||
26 | of appointment and running through June 30 of the fifth |
| |||||||
| |||||||
1 | following year. An Executive Inspector General may be | ||||||
2 | reappointed to one or more subsequent terms. | ||||||
3 | A vacancy occurring other than at the end of a term shall | ||||||
4 | be filled by the appointing authority only for the balance of | ||||||
5 | the term of the Executive Inspector General whose office is | ||||||
6 | vacant. | ||||||
7 | Terms shall run regardless of whether the position is | ||||||
8 | filled. | ||||||
9 | (c) The Executive Inspector General appointed by the | ||||||
10 | Attorney General shall have jurisdiction over the Attorney | ||||||
11 | General and all officers and employees of, and vendors and | ||||||
12 | others doing business with, State agencies within the | ||||||
13 | jurisdiction of the Attorney General. The Executive Inspector | ||||||
14 | General appointed by the Secretary of State shall have | ||||||
15 | jurisdiction over the Secretary of State and all officers and | ||||||
16 | employees of, and vendors and others doing business with, | ||||||
17 | State agencies within the jurisdiction of the Secretary of | ||||||
18 | State. The Executive Inspector General appointed by the | ||||||
19 | Comptroller shall have jurisdiction over the Comptroller and | ||||||
20 | all officers and employees of, and vendors and others doing | ||||||
21 | business with, State agencies within the jurisdiction of the | ||||||
22 | Comptroller. The Executive Inspector General appointed by the | ||||||
23 | Treasurer shall have jurisdiction over the Treasurer and all | ||||||
24 | officers and employees of, and vendors and others doing | ||||||
25 | business with, State agencies within the jurisdiction of the | ||||||
26 | Treasurer. The Executive Inspector General appointed by the |
| |||||||
| |||||||
1 | Governor shall have jurisdiction over (i) the Governor, (ii) | ||||||
2 | the Lieutenant Governor, (iii) all officers and employees of, | ||||||
3 | and vendors and others doing business with, executive branch | ||||||
4 | State agencies under the jurisdiction of the Executive Ethics | ||||||
5 | Commission and not within the jurisdiction of the Attorney | ||||||
6 | General, the Secretary of State, the Comptroller, or the | ||||||
7 | Treasurer, (iv) all board members and employees of the | ||||||
8 | Regional Transit Board Boards and all vendors and others doing | ||||||
9 | business with the Regional Transit Board Boards , and (v) all | ||||||
10 | board members and employees of the Regional Development | ||||||
11 | Authorities and all vendors and others doing business with the | ||||||
12 | Regional Development Authorities. | ||||||
13 | The jurisdiction of each Executive Inspector General is to | ||||||
14 | investigate allegations of fraud, waste, abuse, mismanagement, | ||||||
15 | misconduct, nonfeasance, misfeasance, malfeasance, or | ||||||
16 | violations of this Act or violations of other related laws and | ||||||
17 | rules. | ||||||
18 | Each Executive Inspector General shall have jurisdiction | ||||||
19 | over complainants in violation of subsection (e) of Section | ||||||
20 | 20-63 for disclosing a summary report prepared by the | ||||||
21 | respective Executive Inspector General. | ||||||
22 | (d) The compensation for each Executive Inspector General | ||||||
23 | shall be determined by the Executive Ethics Commission and | ||||||
24 | shall be provided from appropriations made to the Comptroller | ||||||
25 | for this purpose. For terms of office beginning on or after | ||||||
26 | July 1, 2023, each Executive Inspector General shall receive, |
| |||||||
| |||||||
1 | on July 1 of each year, beginning on July 1, 2024, an increase | ||||||
2 | in salary based on a cost of living adjustment as authorized by | ||||||
3 | Senate Joint Resolution 192 of the 86th General Assembly. | ||||||
4 | Subject to Section 20-45 of this Act, each Executive Inspector | ||||||
5 | General has full authority to organize his or her Office of the | ||||||
6 | Executive Inspector General, including the employment and | ||||||
7 | determination of the compensation of staff, such as deputies, | ||||||
8 | assistants, and other employees, as appropriations permit. A | ||||||
9 | separate appropriation shall be made for each Office of | ||||||
10 | Executive Inspector General. | ||||||
11 | (e) No Executive Inspector General or employee of the | ||||||
12 | Office of the Executive Inspector General may, during his or | ||||||
13 | her 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 | ||||||
25 | position authorized by law that is filled by an appointing | ||||||
26 | authority as provided by law and does not include employment |
| |||||||
| |||||||
1 | by hiring in the ordinary course of business. | ||||||
2 | (e-1) No Executive Inspector General or employee of the | ||||||
3 | Office of the Executive Inspector General may, for one year | ||||||
4 | after 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 | ||||||
10 | be waived by the Executive Ethics Commission. | ||||||
11 | (f) An Executive Inspector General may be removed only for | ||||||
12 | cause and may be removed only by the appointing constitutional | ||||||
13 | officer. At the time of the removal, the appointing | ||||||
14 | constitutional officer must report to the Executive Ethics | ||||||
15 | Commission the justification for the removal. | ||||||
16 | (Source: P.A. 102-558, eff. 8-20-21; 102-1115, eff. 1-9-23; | ||||||
17 | 103-517, 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 | ||||||
24 | Employees Ethics Act to the Regional Transit Board Boards and |
| |||||||
| |||||||
1 | Regional Development Authorities. | ||||||
2 | (a) The provisions of Articles 1, 5, 10, 20, and 50 of this | ||||||
3 | Act, as well as this Article, apply to the Regional Transit | ||||||
4 | Board Boards and Regional Development Authorities. As used in | ||||||
5 | Articles 1, 5, 10, 20, 50, and 75, (i) "appointee" and | ||||||
6 | "officer" include a person appointed to serve on the board of a | ||||||
7 | Regional Transit Board or a board of a Regional Development | ||||||
8 | Authority, and (ii) "employee" and "State employee" include: | ||||||
9 | (A) a full-time, part-time, or contractual employee of a | ||||||
10 | Regional Transit Board or a Regional Development Authority; | ||||||
11 | and (B) Authority leaders of a Regional Development Authority. | ||||||
12 | As used in this subsection, "Authority leader" has the meaning | ||||||
13 | given to that term in the various Acts and Laws creating the | ||||||
14 | Regional Development Authorities. | ||||||
15 | (b) The Executive Ethics Commission shall have | ||||||
16 | jurisdiction over all board members and employees of the | ||||||
17 | Regional Transit Board Boards and Regional Development | ||||||
18 | Authorities. The Executive Inspector General appointed by the | ||||||
19 | Governor shall have jurisdiction over all board members, | ||||||
20 | employees, vendors, and others doing business with the | ||||||
21 | Regional Transit Board Boards and Regional Development | ||||||
22 | Authorities to investigate allegations of fraud, waste, abuse, | ||||||
23 | mismanagement, misconduct, nonfeasance, misfeasance, | ||||||
24 | malfeasance, or violations of this Act. | ||||||
25 | (Source: P.A. 103-517, eff. 8-11-23.) |
| |||||||
| |||||||
1 | (5 ILCS 430/75-10) | ||||||
2 | Sec. 75-10. Coordination between Executive Inspector | ||||||
3 | General and Inspectors General appointed by Regional Transit | ||||||
4 | Board Boards . | ||||||
5 | (a) Nothing in this amendatory Act of the 96th General | ||||||
6 | Assembly precludes the a Regional Transit Board from | ||||||
7 | appointing or employing an Inspector General to serve under | ||||||
8 | the jurisdiction of the a Regional Transit Board to receive | ||||||
9 | complaints and conduct investigations in accordance with an | ||||||
10 | ordinance or resolution adopted by that respective Board, | ||||||
11 | provided he or she is approved by the Executive Ethics | ||||||
12 | Commission. The A Regional Transit Board shall notify the | ||||||
13 | Executive Ethics Commission within 10 days after employing or | ||||||
14 | appointing a person to serve as Inspector General, and the | ||||||
15 | Executive Ethics Commission shall approve or reject the | ||||||
16 | appointment or employment of the Inspector General. Any | ||||||
17 | notification not acted upon by the Executive Ethics Commission | ||||||
18 | within 60 days after its receipt shall be deemed to have | ||||||
19 | received the approval of the Executive Ethics Commission. | ||||||
20 | Within 30 days after the effective date of this amendatory Act | ||||||
21 | of the 96th General Assembly, a Regional Transit Board shall | ||||||
22 | notify the Executive Ethics Commission of any person serving | ||||||
23 | on the effective date of this amendatory Act as an Inspector | ||||||
24 | General for the Regional Transit Board, and the Executive | ||||||
25 | Ethics Commission shall approve or reject the appointment or | ||||||
26 | employment within 30 days after receipt of the notification, |
| |||||||
| |||||||
1 | provided that any notification not acted upon by the Executive | ||||||
2 | Ethics Commission within 30 days shall be deemed to have | ||||||
3 | received approval. No person rejected by the Executive Ethics | ||||||
4 | Commission shall serve as an Inspector General for the a | ||||||
5 | Regional Transit Board for a term of 5 years after being | ||||||
6 | rejected by the Commission. For purposes of this subsection | ||||||
7 | (a), any person appointed or employed by a Transit Board to | ||||||
8 | receive complaints and investigate allegations of fraud, | ||||||
9 | waste, abuse, mismanagement, misconduct, nonfeasance, | ||||||
10 | misfeasance, malfeasance, or violations of this Act shall be | ||||||
11 | considered an Inspector General and shall be subject to | ||||||
12 | approval of the Executive Ethics Commission. | ||||||
13 | (b) The Executive Inspector General appointed by the | ||||||
14 | Governor shall have exclusive jurisdiction to investigate | ||||||
15 | complaints or allegations of violations of this Act and, in | ||||||
16 | his or her discretion, may investigate other complaints or | ||||||
17 | allegations. Complaints or allegations of a violation of this | ||||||
18 | Act received by an Inspector General appointed or employed by | ||||||
19 | the a Regional Transit Board shall be immediately referred to | ||||||
20 | the Executive Inspector General. The Executive Inspector | ||||||
21 | General shall have authority to assume responsibility and | ||||||
22 | investigate any complaint or allegation received by an | ||||||
23 | Inspector General appointed or employed by the a Regional | ||||||
24 | Transit Board. In the event the Executive Inspector General | ||||||
25 | provides written notification of intent to assume | ||||||
26 | investigatory responsibility for a complaint, allegation, or |
| |||||||
| |||||||
1 | ongoing investigation, the Inspector General appointed or | ||||||
2 | employed by the a Regional Transit Board shall cease review of | ||||||
3 | the complaint, allegation, or ongoing investigation and | ||||||
4 | provide all information to the Executive Inspector General. | ||||||
5 | The Executive Inspector General may delegate responsibility | ||||||
6 | for an investigation to the Inspector General appointed or | ||||||
7 | employed by the a Regional Transit Board. In the event the | ||||||
8 | Executive Inspector General provides an Inspector General | ||||||
9 | appointed or employed by the a Regional Transit Board with | ||||||
10 | written notification of intent to delegate investigatory | ||||||
11 | responsibility for a complaint, allegation, or ongoing | ||||||
12 | investigation, the Executive Inspector General shall provide | ||||||
13 | all information to the Inspector General appointed or employed | ||||||
14 | by the a Regional Transit Board. | ||||||
15 | (c) An Inspector General appointed or employed by the a | ||||||
16 | Regional Transit Board shall provide a monthly activity report | ||||||
17 | to 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 |
| |||||||
| |||||||
1 | Executive Inspector General. | ||||||
2 | An Inspector General appointed or employed by the a | ||||||
3 | Regional Transit Board and the Executive Inspector General | ||||||
4 | shall cooperate and share resources or information as | ||||||
5 | necessary to implement the provisions of this Article. | ||||||
6 | (d) Reports filed under this Section are exempt from the | ||||||
7 | Freedom of Information Act and shall be deemed confidential. | ||||||
8 | Investigatory files and reports prepared by the Office of the | ||||||
9 | Executive Inspector General and the Office of an Inspector | ||||||
10 | General appointed or employed by the a Regional Transit Board | ||||||
11 | may be disclosed between the Offices as necessary to implement | ||||||
12 | the 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 | ||||||
15 | changing 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 | ||||||
19 | determinations for benefits administered by other governmental | ||||||
20 | bodies based on the Senior Citizens and Persons with | ||||||
21 | Disabilities 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; |
| |||||||
| |||||||
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 | ||||||
13 | claimants shall apply for these benefits. The Department is | ||||||
14 | authorized to promulgate rules regarding the following | ||||||
15 | matters: the application cycle; the application process; the | ||||||
16 | content for an electronic application; required personal | ||||||
17 | identification information; acceptable proof of eligibility as | ||||||
18 | to age, disability status, marital status, residency, and | ||||||
19 | household income limits; household composition; calculating | ||||||
20 | income; use of social security numbers; duration of | ||||||
21 | eligibility determinations; and any other matters necessary | ||||||
22 | for such administrative operations. | ||||||
23 | (c) All information received by the Department from an | ||||||
24 | application or from any investigation to determine eligibility | ||||||
25 | for benefits shall be confidential, except for official | ||||||
26 | purposes. |
| |||||||
| |||||||
1 | (d) A person may not under any circumstances charge a fee | ||||||
2 | to a claimant for assistance in completing an application form | ||||||
3 | for 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 | ||||||
6 | Duties Law of the Civil Administrative Code of Illinois is | ||||||
7 | amended 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 | ||||||
10 | Metropolitan Mobility Regional Transportation Authority shall | ||||||
11 | monthly provide the Department with a list of riders that | ||||||
12 | receive free or reduced fares under the Metropolitan Mobility | ||||||
13 | Regional Transportation Authority Act. The list shall include | ||||||
14 | an individual's name, address, and date of birth. The | ||||||
15 | Department shall, within 2 weeks after receipt of the list, | ||||||
16 | report back to the Metropolitan Mobility Regional | ||||||
17 | Transportation Authority any discrepancies that indicate that | ||||||
18 | a 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 | ||||||
22 | Administrative Code of Illinois is amended by repealing | ||||||
23 | Section 2605-340. |
| |||||||
| |||||||
1 | Section 8.10. The Department of Transportation Law of the | ||||||
2 | Civil Administrative Code of Illinois is amended by changing | ||||||
3 | Sections 2705-203, 2705-300, 2705-305, 2705-310, 2705-315, and | ||||||
4 | 2705-440 and by adding Section 2705-594 as follows: | ||||||
5 | (20 ILCS 2705/2705-203) | ||||||
6 | Sec. 2705-203. Transportation asset management plan and | ||||||
7 | performance-based programming. | ||||||
8 | (a) The General Assembly declares it to be in the public | ||||||
9 | interest that a project prioritization process be developed | ||||||
10 | and implemented to: improve the efficiency and effectiveness | ||||||
11 | of the State's transportation system and transportation | ||||||
12 | safety; enhance movement and multi-modal connections of people | ||||||
13 | and goods; mitigate environmental impacts; and promote | ||||||
14 | inclusive economic growth throughout the State. | ||||||
15 | (b) In accordance with Section 2705-200, the Department of | ||||||
16 | Transportation shall develop and publish a statewide | ||||||
17 | multi-modal transportation improvement program for all | ||||||
18 | transportation facilities under its jurisdiction. The | ||||||
19 | development 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 |
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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 | ||||||
19 | highway system asset management plan in accordance with 23 | ||||||
20 | U.S.C. 119 and 23 CFR Part 515 to preserve and improve the | ||||||
21 | condition of highway and bridge assets and enhance the | ||||||
22 | performance of the system while minimizing the life-cycle | ||||||
23 | cost. The asset management plan shall be made publicly | ||||||
24 | available on the Department's website. | ||||||
25 | (d) The Department shall develop a needs-based transit | ||||||
26 | asset management plan for State-supported public |
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1 | transportation assets, including vehicles, facilities, | ||||||
2 | equipment, and other infrastructure in accordance with 49 CFR | ||||||
3 | Part 625. The goal of the transit asset management plan is to | ||||||
4 | preserve and modernize capital transit assets that will | ||||||
5 | enhance the performance of the transit system. Federally | ||||||
6 | required transit asset management plans developed by the | ||||||
7 | Metropolitan Mobility Authority Regional Transportation | ||||||
8 | Authority (RTA) or service boards, as defined in Section 1.03 | ||||||
9 | of the Regional Transportation Authority Act, shall become the | ||||||
10 | transportation asset management plans for all public | ||||||
11 | transportation assets owned and operated by the Authority | ||||||
12 | service boards . The Department's transit asset management plan | ||||||
13 | shall be made publicly available on the Department's website. | ||||||
14 | The Metropolitan Mobility Authority RTA shall be responsible | ||||||
15 | for making public transit asset management plans for its | ||||||
16 | service area publicly available. | ||||||
17 | (e) The Department shall develop a performance-based | ||||||
18 | project selection process to prioritize taxpayer investment in | ||||||
19 | State-owned transportation assets that add capacity. The goal | ||||||
20 | of the process is to select projects through an evaluation | ||||||
21 | process. This process shall provide the ability to prioritize | ||||||
22 | projects based on geographic regions. The Department shall | ||||||
23 | solicit input from localities, metropolitan planning | ||||||
24 | organizations, transit authorities, transportation | ||||||
25 | authorities, representatives of labor and private businesses, | ||||||
26 | the public, community-based organizations, and other |
| |||||||
| |||||||
1 | stakeholders in its development of the prioritization process | ||||||
2 | pursuant to this subsection. | ||||||
3 | The selection process shall include a defined public | ||||||
4 | process by which candidate projects are evaluated and | ||||||
5 | selected. The process shall include both a quantitative | ||||||
6 | analysis of the evaluation factors and qualitative review by | ||||||
7 | the Department. The Department may apply different weights to | ||||||
8 | the performance measures based on regional geography or | ||||||
9 | project type. Projects selected as part of the process will be | ||||||
10 | considered for inclusion in the State's multi-year | ||||||
11 | transportation program and the annual element of the | ||||||
12 | multi-year program. Starting April 1, 2022, no new capacity | ||||||
13 | project shall be included in the multi-year transportation | ||||||
14 | plan or annual element without being evaluated under the | ||||||
15 | selection process described in this Section. Existing projects | ||||||
16 | in the multi-year highway improvement program may be included | ||||||
17 | regardless of the outcome of using the performance-based | ||||||
18 | project selection tool. The policies that guide the | ||||||
19 | performance-based project selection process shall be derived | ||||||
20 | from State and regional long-range transportation plans. The | ||||||
21 | Department shall certify that it is making progress toward the | ||||||
22 | goals included in the State's long-range transportation plan. | ||||||
23 | All plan and program development based on the project | ||||||
24 | selection process described in this subsection shall include | ||||||
25 | consideration of regional balance. The selection process shall | ||||||
26 | be based on an objective and quantifiable analysis that |
| |||||||
| |||||||
1 | considers, at a minimum, the goals identified in the | ||||||
2 | long-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 |
| |||||||
| |||||||
1 | selection, distribution to local public agencies, or | ||||||
2 | specific eligibility. | ||||||
3 | (g) A summary of the project evaluation process, measures, | ||||||
4 | program, and scores for all candidate projects shall be | ||||||
5 | published 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 | ||||||
9 | Department 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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
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| |||||||
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 | ||||||
4 | comply 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 | ||||||
9 | contracts, the following definitions apply: | ||||||
10 | "Carrier" means any corporation, authority, partnership, | ||||||
11 | association, person, or district authorized to provide mass | ||||||
12 | transportation 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 | ||||||
25 | in or appurtenant to a mass transportation system, including |
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| |||||||
1 | parking lots. | ||||||
2 | "Mass transportation" means transportation provided within | ||||||
3 | the State of Illinois by rail, bus, or other conveyance and | ||||||
4 | available to the general public on a regular and continuing | ||||||
5 | basis, including the transportation of persons with | ||||||
6 | disabilities or elderly persons as provided more specifically | ||||||
7 | in Section 2705-310. | ||||||
8 | "Unit of local government" means any city, village, | ||||||
9 | incorporated town, or county. | ||||||
10 | (b) Grants may be made to units of local government, | ||||||
11 | districts, and carriers for the acquisition, construction, | ||||||
12 | extension, reconstruction, and improvement of mass | ||||||
13 | transportation facilities. Grants shall be made upon the terms | ||||||
14 | and conditions that in the judgment of the Secretary are | ||||||
15 | necessary to ensure their proper and effective utilization. | ||||||
16 | (c) The Department shall make grants under this Law in a | ||||||
17 | manner designed, so far as is consistent with the maintenance | ||||||
18 | and development of a sound mass transportation system within | ||||||
19 | the State, to: (i) maximize federal funds for the assistance | ||||||
20 | of mass transportation in Illinois under the Federal Transit | ||||||
21 | Act and other federal Acts; (ii) facilitate the movement of | ||||||
22 | persons who because of age, economic circumstance, or physical | ||||||
23 | infirmity are unable to drive; (iii) contribute to an improved | ||||||
24 | environment through the reduction of air, water, and noise | ||||||
25 | pollution; and (iv) reduce traffic congestion. | ||||||
26 | (d) The Secretary shall establish procedures for making |
| |||||||
| |||||||
1 | application for mass transportation grants. The procedures | ||||||
2 | shall provide for public notice of all applications and give | ||||||
3 | reasonable opportunity for the submission of comments and | ||||||
4 | objections by interested parties. The procedures shall be | ||||||
5 | designed with a view to facilitating simultaneous application | ||||||
6 | for a grant to the Department and to the federal government. | ||||||
7 | (e) Grants may be made for mass transportation projects as | ||||||
8 | follows: | ||||||
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, | ||||||
22 | together with any federal funds or funds from any other | ||||||
23 | source, is in excess of 100% of the net project cost. | ||||||
24 | (f) Regardless of whether any funds are available under a | ||||||
25 | federal grant, the Department shall not make a mass | ||||||
26 | transportation grant unless the Secretary finds that the |
| |||||||
| |||||||
1 | recipient has entered into an agreement with the Department in | ||||||
2 | which the recipient agrees not to engage in school bus | ||||||
3 | operations exclusively for the transportation of students and | ||||||
4 | school personnel in competition with private school bus | ||||||
5 | operators where those private school bus operators are able to | ||||||
6 | provide adequate transportation, at reasonable rates, in | ||||||
7 | conformance with applicable safety standards, provided that | ||||||
8 | this requirement shall not apply to a recipient that operates | ||||||
9 | a school system in the area to be served and operates a | ||||||
10 | separate and exclusive school bus program for the school | ||||||
11 | system. | ||||||
12 | (g) Grants may be made for mass transportation purposes | ||||||
13 | with funds appropriated from the Build Illinois Bond Fund | ||||||
14 | consistent with the specific purposes for which those funds | ||||||
15 | are appropriated by the General Assembly. Grants under this | ||||||
16 | subsection (g) are not subject to any limitations or | ||||||
17 | conditions imposed upon grants by any other provision of this | ||||||
18 | Section, except that the Secretary may impose the terms and | ||||||
19 | conditions that in his or her judgment are necessary to ensure | ||||||
20 | the proper and effective utilization of the grants under this | ||||||
21 | subsection. | ||||||
22 | (h) The Department may let contracts for mass | ||||||
23 | transportation purposes and facilities for the purpose of | ||||||
24 | reducing urban congestion funded in whole or in part with | ||||||
25 | bonds described in subdivision (b)(1) of Section 4 of the | ||||||
26 | General Obligation Bond Act, not to exceed $75,000,000 in |
| |||||||
| |||||||
1 | bonds. | ||||||
2 | (i) The Department may make grants to carriers, districts, | ||||||
3 | and units of local government for the purpose of reimbursing | ||||||
4 | them for providing reduced fares for mass transportation | ||||||
5 | services for students, persons with disabilities, and the | ||||||
6 | elderly. Grants shall be made upon the terms and conditions | ||||||
7 | that in the judgment of the Secretary are necessary to ensure | ||||||
8 | their proper and effective utilization. | ||||||
9 | (j) The Department may make grants to carriers, districts, | ||||||
10 | and units of local government for costs of providing ADA | ||||||
11 | paratransit 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 | ||||||
15 | disabilities. | ||||||
16 | (a) For the purposes of this Section, the following | ||||||
17 | definitions apply: | ||||||
18 | "Carrier" means a district or a not for profit | ||||||
19 | corporation providing mass transportation for persons with | ||||||
20 | disabilities on a regular and continuing basis. | ||||||
21 | "Person with a disability" means any individual who, by | ||||||
22 | reason of illness, injury, age, congenital malfunction, or | ||||||
23 | other permanent or temporary incapacity or disability, is | ||||||
24 | unable without special mass transportation facilities or | ||||||
25 | special planning or design to utilize ordinary mass |
| |||||||
| |||||||
1 | transportation facilities and services as effectively as | ||||||
2 | persons who are not so affected. | ||||||
3 | "Unit of local government", "district", and "facilities" | ||||||
4 | have the meanings ascribed to them in Section 2705-305. | ||||||
5 | (b) The Department may make grants from the Transportation | ||||||
6 | Fund and the General Revenue Fund (i) to units of local | ||||||
7 | government, districts, and carriers for vehicles, equipment, | ||||||
8 | and the acquisition, construction, extension, reconstruction, | ||||||
9 | and improvement of mass transportation facilities for persons | ||||||
10 | with disabilities and (ii) during State fiscal years 1986 and | ||||||
11 | 1987, to the Regional Transportation Authority (now the | ||||||
12 | Metropolitan Mobility Authority) for operating assistance for | ||||||
13 | mass transportation for mobility limited persons, including | ||||||
14 | paratransit services for the mobility limited. The grants | ||||||
15 | shall be made upon the terms and conditions that in the | ||||||
16 | judgment of the Secretary are necessary to ensure their proper | ||||||
17 | and effective utilization. The procedures, limitations, and | ||||||
18 | safeguards provided in Section 2705-305 to govern grants for | ||||||
19 | mass transportation shall apply to grants made under this | ||||||
20 | Section. | ||||||
21 | For the efficient administration of grants, the | ||||||
22 | Department, on behalf of grant recipients under this Section | ||||||
23 | and on behalf of recipients receiving funds under Sections | ||||||
24 | 5309 and 5311 of the Federal Transit Act and State funds, may | ||||||
25 | administer and consolidate procurements and may enter into | ||||||
26 | contracts with manufacturers of vehicles and equipment. |
| |||||||
| |||||||
1 | (c) The Department may make operating assistance grants | ||||||
2 | from the Transportation Fund to those carriers that, during | ||||||
3 | federal fiscal year 1986, directly received operating | ||||||
4 | assistance pursuant to Section 5307 or Section 5311 of the | ||||||
5 | Federal Transit Act, or under contracts with a unit of local | ||||||
6 | government or mass transit district that received operating | ||||||
7 | expenses under Section 5307 or Section 5311 of the Federal | ||||||
8 | Transit Act, to provide public paratransit services to the | ||||||
9 | general mobility limited population. The Secretary shall take | ||||||
10 | into consideration the reduction in federal operating expense | ||||||
11 | grants to carriers when considering the grant applications. | ||||||
12 | The procedures, limitations, and safeguards provided in | ||||||
13 | Section 2705-305 to govern grants for mass transportation | ||||||
14 | shall 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 | ||||||
18 | Department may make grants from the Transportation Fund and | ||||||
19 | the General Revenue Fund to the Metropolitan Mobility Regional | ||||||
20 | Transportation Authority created under the Metropolitan | ||||||
21 | Mobility Regional Transportation Authority Act to be used to | ||||||
22 | provide protection against crime for the consumers of public | ||||||
23 | transportation, and for the employees and facilities of public | ||||||
24 | transportation providers, in the metropolitan region. The | ||||||
25 | grants may be used (1) to provide that protection directly, or |
| |||||||
| |||||||
1 | (2) to contract with any municipality or county in the | ||||||
2 | metropolitan region to provide that protection, or (3) except | ||||||
3 | for the Chicago Transit Authority created under the | ||||||
4 | Metropolitan Transit Authority Act, to contract with a private | ||||||
5 | security agency to provide that protection. | ||||||
6 | The grants shall be made upon the terms and conditions | ||||||
7 | that in the judgment of the Secretary are necessary to ensure | ||||||
8 | their proper and effective utilization. The procedures | ||||||
9 | provided in Section 2705-305 to govern grants for mass | ||||||
10 | transportation 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 | ||||||
15 | passenger service within this State and throughout the United | ||||||
16 | States, the Department is authorized to enter into agreements | ||||||
17 | with any state, state agency, unit units of local government | ||||||
18 | or political subdivision subdivisions , Metropolitan Mobility | ||||||
19 | Authority the Commuter Rail Division of the Regional | ||||||
20 | Transportation Authority (or a public corporation on behalf of | ||||||
21 | that Division), architecture or engineering firm firms , the | ||||||
22 | National Railroad Passenger Corporation, any carrier, or any | ||||||
23 | individual, corporation, partnership, or public or private | ||||||
24 | entity. The cost related to such services shall be borne in | ||||||
25 | such proportion as, by agreement or contract the parties may |
| |||||||
| |||||||
1 | desire. | ||||||
2 | (b) In providing any intercity railroad passenger service | ||||||
3 | as provided in this Section, the Department shall have the | ||||||
4 | following 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 |
| |||||||
| |||||||
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 | ||||||
21 | exempt from all regulations by the Illinois Commerce | ||||||
22 | Commission (other than for safety matters). To the extent the | ||||||
23 | service is provided by Metropolitan Mobility Authority the | ||||||
24 | Commuter Rail Division of the Regional Transportation | ||||||
25 | Authority (or a public corporation on behalf of that Authority | ||||||
26 | Division ), it shall be exempt from safety regulations of the |
| |||||||
| |||||||
1 | Illinois Commerce Commission to the extent the Authority | ||||||
2 | Commuter Rail Division adopts its own safety regulations. | ||||||
3 | (d) In connection with any powers exercised under this | ||||||
4 | Section, 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 | ||||||
9 | Commuter Rail Division of the Regional Transportation | ||||||
10 | Authority (or a public corporation on behalf of the Authority | ||||||
11 | Division ) under this Section shall provide that all costs in | ||||||
12 | excess of revenue received by the Division generated from | ||||||
13 | intercity rail service provided by the Division shall be fully | ||||||
14 | borne by the Department, and no funds for operation of | ||||||
15 | commuter rail service shall be used, directly or indirectly, | ||||||
16 | or for any period of time, to subsidize the intercity rail | ||||||
17 | operation. If at any time the Division does not have | ||||||
18 | sufficient funds available to satisfy the requirements of this | ||||||
19 | Section, the Division shall forthwith terminate the operation | ||||||
20 | of intercity rail service. The payments made by the Department | ||||||
21 | to the Division for the intercity rail passenger service shall | ||||||
22 | not be made in excess of those costs or as a subsidy for costs | ||||||
23 | of commuter rail operations. This shall not prevent the | ||||||
24 | contract from providing for efficient coordination of service | ||||||
25 | and facilities to promote cost-effective cost effective | ||||||
26 | operations of both intercity rail passenger service and |
| |||||||
| |||||||
1 | commuter rail services with cost allocations as provided in | ||||||
2 | this paragraph. | ||||||
3 | (f) Whenever the Department enters into an agreement with | ||||||
4 | any carrier for the Department's payment of such railroad | ||||||
5 | required maintenance expenses necessary for intercity | ||||||
6 | passenger service, the Department may deposit such required | ||||||
7 | maintenance funds into an escrow account. Whenever the | ||||||
8 | Department enters into an agreement with any State or State | ||||||
9 | agency, any public or private entity or quasi-public entity | ||||||
10 | for the lease, rental or use of locomotives, passenger | ||||||
11 | railcars, and other rolling stock equipment or accessions, the | ||||||
12 | Department may deposit such receipts into a separate escrow | ||||||
13 | account. For purposes of this subsection, "escrow account" an | ||||||
14 | escrow account means any fiduciary account established with | ||||||
15 | (i) any banking corporation which is both organized under the | ||||||
16 | Illinois Banking Act and authorized to accept and administer | ||||||
17 | trusts in this State, or (ii) any national banking association | ||||||
18 | which has its principal place of business in this State and | ||||||
19 | which also is authorized to accept and administer trusts in | ||||||
20 | this State. The funds in any required maintenance escrow | ||||||
21 | account may be withdrawn by the carrier or entity in control of | ||||||
22 | the railroad being maintained, only with the consent of the | ||||||
23 | Department, pursuant to a written maintenance agreement and | ||||||
24 | pursuant to a maintenance plan that shall be updated each | ||||||
25 | year. The funds in an escrow account holding lease payments, | ||||||
26 | use fees, or rental payments may be withdrawn by the |
| |||||||
| |||||||
1 | Department, only with the consent of the Midwest Fleet Pool | ||||||
2 | Board and deposited into the High-Speed Rail Rolling Stock | ||||||
3 | Fund. The moneys deposited in the escrow accounts shall be | ||||||
4 | invested and reinvested, pursuant to the direction of the | ||||||
5 | Department, in bonds and other interest bearing obligations of | ||||||
6 | this State, or in such accounts, certificates, bills, | ||||||
7 | obligations, shares, pools , or other securities as are | ||||||
8 | authorized for the investment of public funds under the Public | ||||||
9 | Funds Investment Act. Escrow accounts created under this | ||||||
10 | subsection shall not have terms that exceed 20 years. At the | ||||||
11 | end of the term of an escrow account holding lease payments, | ||||||
12 | use fees, or rental payments, the remaining balance shall be | ||||||
13 | deposited in the High-Speed Rail Rolling Stock Fund, a special | ||||||
14 | fund that is created in the State treasury Treasury . Moneys in | ||||||
15 | the High-Speed Rail Rolling Stock Fund may be used for any | ||||||
16 | purpose related to locomotives, passenger railcars, and other | ||||||
17 | rolling stock equipment. The Department shall prepare a report | ||||||
18 | for presentation to the Comptroller and the Treasurer each | ||||||
19 | year that shows the amounts deposited and withdrawn, the | ||||||
20 | purposes for withdrawal, the balance, and the amounts derived | ||||||
21 | from investment. | ||||||
22 | (g) Whenever the Department enters into an agreement with | ||||||
23 | any carrier, State or State agency, any public or private | ||||||
24 | entity, or quasi-public entity for costs related to | ||||||
25 | procurement and maintenance of locomotives, passenger | ||||||
26 | railcars, and other rolling stock equipment or accessions, the |
| |||||||
| |||||||
1 | Department shall deposit such receipts into the High-Speed | ||||||
2 | Rail Rolling Stock Fund. Additionally, the Department may make | ||||||
3 | payments into the High-Speed Rail Rolling Stock Fund for the | ||||||
4 | State's share of the costs related to locomotives, passenger | ||||||
5 | railcars, 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 | ||||||
10 | meaning given to that term in the Metropolitan Mobility | ||||||
11 | Authority Act. | ||||||
12 | (b) The Department shall establish, staff, and support an | ||||||
13 | Office of Public Transportation Support within District 1. The | ||||||
14 | Office's purpose is to optimize the operation of public | ||||||
15 | transportation vehicles and the delivery of public | ||||||
16 | transportation services on highways, as defined by Section | ||||||
17 | 2-202 of the Illinois Highway Code, under the Department's | ||||||
18 | jurisdiction in the metropolitan region. | ||||||
19 | (c) The Office of Public Transportation Support shall have | ||||||
20 | the 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | notwithstanding any of its current policies and practices to | ||||||
8 | the contrary, the Department shall in its design and operation | ||||||
9 | of highways under its jurisdiction in the metropolitan region | ||||||
10 | give priority to public transportation vehicles and other | ||||||
11 | vehicles, such as school buses, designed to carry a sizable | ||||||
12 | number of people over the priority the Department gives to | ||||||
13 | standard light duty vehicles typically used to carry one or a | ||||||
14 | few people at a time. | ||||||
15 | (e) On highways in the metropolitan region under its | ||||||
16 | jurisdiction served by public transportation or where public | ||||||
17 | transportation is planned, the Department shall identify and | ||||||
18 | implement highway design, infrastructure, and operations | ||||||
19 | enhancements that maximize the attractiveness and efficacy of | ||||||
20 | public transportation compared to travel by single occupancy | ||||||
21 | vehicles on such highways and coordinate with the Metropolitan | ||||||
22 | Mobility Authority on such enhancements. | ||||||
23 | (f) The Department shall give the Metropolitan Mobility | ||||||
24 | Authority a timely opportunity to review, comment, and concur | ||||||
25 | on plans for the construction, rehabilitation, or repair of | ||||||
26 | highways under the jurisdiction of the Department in the |
| |||||||
| |||||||
1 | metropolitan region where public transportation is being | ||||||
2 | provided or is planned by the Metropolitan Mobility Authority. | ||||||
3 | (g) The Department shall not advance a project subject to | ||||||
4 | the process set forth in subsections (d) through (f) to | ||||||
5 | construction until it has received the Metropolitan Mobility | ||||||
6 | Authority's concurrence. | ||||||
7 | (h) The Chicago Metropolitan Agency for Planning shall | ||||||
8 | make appropriate changes to its travel demand model, project | ||||||
9 | scoring and prioritization processes, long-range plan, and | ||||||
10 | transportation improvement program to reflect the requirements | ||||||
11 | of subsections (d) through (g). | ||||||
12 | Section 8.11. The Illinois Finance Authority Act is | ||||||
13 | amended 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 | ||||||
17 | receives funds from the Department of Revenue, including | ||||||
18 | without limitation funds received pursuant to Sections 8-11-1, | ||||||
19 | 8-11-1.4, 8-11-5 or 8-11-6 of the Illinois Municipal Code, the | ||||||
20 | Home Rule County Retailers' Occupation Tax Act, the Home Rule | ||||||
21 | County Service Occupation Tax Act, Sections 25.05-2, 25.05-3 | ||||||
22 | or 25.05-10 of "An Act to revise the law in relation to | ||||||
23 | counties", Section 5.01 of the Local Mass Transit District | ||||||
24 | Act, Section 4.03 of the Metropolitan Mobility Regional |
| |||||||
| |||||||
1 | Transportation Authority Act, Sections 2 or 12 of the State | ||||||
2 | Revenue Sharing Act, or from the Department of Transportation | ||||||
3 | pursuant to Section 8 of the Motor Fuel Tax Law, or from the | ||||||
4 | State Superintendent of Education (directly or indirectly | ||||||
5 | through regional superintendents of schools) pursuant to | ||||||
6 | Article 18 of the School Code, or any unit of government which | ||||||
7 | receives other funds which are at any time in the custody of | ||||||
8 | the State Treasurer, the State Comptroller, the Department of | ||||||
9 | Revenue, the Department of Transportation or the State | ||||||
10 | Superintendent of Education may by appropriate proceedings, | ||||||
11 | pledge to the Authority or any entity acting on behalf of the | ||||||
12 | Authority (including, without limitation, any trustee), any or | ||||||
13 | all of such receipts to the extent that such receipts are | ||||||
14 | necessary to provide revenues to pay the principal of, | ||||||
15 | premium, if any, and interest on, and other fees related to, or | ||||||
16 | to secure, any of the local government securities of such unit | ||||||
17 | of local government which have been sold or delivered to the | ||||||
18 | Authority or its designee or to pay lease rental payments to be | ||||||
19 | made by such unit of local government to the extent that such | ||||||
20 | lease rental payments secure the payment of the principal of, | ||||||
21 | premium, if any, and interest on, and other fees related to, | ||||||
22 | any local government securities which have been sold or | ||||||
23 | delivered to the Authority or its designee. Any pledge of such | ||||||
24 | receipts (or any portion thereof) shall constitute a first and | ||||||
25 | prior lien thereon and shall be binding from the time the | ||||||
26 | pledge is made. |
| |||||||
| |||||||
1 | (b) Direct Payment of Pledged Receipts. Any such unit of | ||||||
2 | local government may, by such proceedings, direct that all or | ||||||
3 | any of such pledged receipts payable to such unit of local | ||||||
4 | government be paid directly to the Authority or such other | ||||||
5 | entity (including, without limitation, any trustee) for the | ||||||
6 | purpose of paying the principal of, premium, if any, and | ||||||
7 | interest on, and fees relating to, such local government | ||||||
8 | securities or for the purpose of paying such lease rental | ||||||
9 | payments to the extent necessary to pay the principal of, | ||||||
10 | premium, if any, and interest on, and other fees related to, | ||||||
11 | such local government securities secured by such lease rental | ||||||
12 | payments. Upon receipt of a certified copy of such proceedings | ||||||
13 | by the State Treasurer, the State Comptroller, the Department | ||||||
14 | of Revenue, the Department of Transportation or the State | ||||||
15 | Superintendent of Education, as the case may be, such | ||||||
16 | Department or State Superintendent shall direct the State | ||||||
17 | Comptroller and State Treasurer to pay to, or on behalf of, the | ||||||
18 | Authority or such other entity (including, without limitation, | ||||||
19 | any trustee) all or such portion of the pledged receipts from | ||||||
20 | the Department of Revenue, or the Department of Transportation | ||||||
21 | or the State Superintendent of Education (directly or | ||||||
22 | indirectly through regional superintendents of schools), as | ||||||
23 | the case may be, sufficient to pay the principal of and | ||||||
24 | premium, if any, and interest on, and other fees related to, | ||||||
25 | the local governmental securities for which the pledge was | ||||||
26 | made or to pay such lease rental payments securing such local |
| |||||||
| |||||||
1 | government securities for which the pledge was made. The | ||||||
2 | proceedings shall constitute authorization for such a | ||||||
3 | directive to the State Comptroller to cause orders to be drawn | ||||||
4 | and to the State Treasurer to pay in accordance with such | ||||||
5 | directive. To the extent that the Authority or its designee | ||||||
6 | notifies the Department of Revenue, the Department of | ||||||
7 | Transportation or the State Superintendent of Education, as | ||||||
8 | the case may be, that the unit of local government has | ||||||
9 | previously paid to the Authority or its designee the amount of | ||||||
10 | any principal, premium, interest and fees payable from such | ||||||
11 | pledged receipts, the State Comptroller shall cause orders to | ||||||
12 | be drawn and the State Treasurer shall pay such pledged | ||||||
13 | receipts to the unit of local government as if they were not | ||||||
14 | pledged receipts. To the extent that such receipts are pledged | ||||||
15 | and paid to the Authority or such other entity, any taxes which | ||||||
16 | have been levied or fees or charges assessed pursuant to law on | ||||||
17 | account of the issuance of such local government securities | ||||||
18 | shall be paid to the unit of local government and may be used | ||||||
19 | for the purposes for which the pledged receipts would have | ||||||
20 | been used. | ||||||
21 | (c) Payment of Pledged Receipts upon Default. Any such | ||||||
22 | unit of local government may, by such proceedings, direct that | ||||||
23 | such pledged receipts payable to such unit of local government | ||||||
24 | be paid to the Authority or such other entity (including, | ||||||
25 | without limitation, any trustee) upon a default in the payment | ||||||
26 | of any principal of, premium, if any, or interest on, or fees |
| |||||||
| |||||||
1 | relating to, any of the local government securities of such | ||||||
2 | unit of local government which have been sold or delivered to | ||||||
3 | the Authority or its designee or any of the local government | ||||||
4 | securities which have been sold or delivered to the Authority | ||||||
5 | or its designee and which are secured by such lease rental | ||||||
6 | payments. If such local governmental security is in default as | ||||||
7 | to the payment of principal thereof, premium, if any, or | ||||||
8 | interest thereon, or fees relating thereto, to the extent that | ||||||
9 | the State Treasurer, the State Comptroller, the Department of | ||||||
10 | Revenue, the Department of Transportation or the State | ||||||
11 | Superintendent of Education (directly or indirectly through | ||||||
12 | regional superintendents of schools) shall be the custodian at | ||||||
13 | any time of any other available funds or moneys pledged to the | ||||||
14 | payment of such local government securities or such lease | ||||||
15 | rental payments securing such local government securities | ||||||
16 | pursuant to this Section and due or payable to such a unit of | ||||||
17 | local government at any time subsequent to written notice to | ||||||
18 | the State Comptroller and State Treasurer from the Authority | ||||||
19 | or any entity acting on behalf of the Authority (including, | ||||||
20 | without limitation, any trustee) to the effect that such unit | ||||||
21 | of local government has not paid or is in default as to payment | ||||||
22 | of the principal of, premium, if any, or interest on, or fees | ||||||
23 | relating to, any local government security sold or delivered | ||||||
24 | to the Authority or any such entity (including, without | ||||||
25 | limitation, any trustee) or has not paid or is in default as to | ||||||
26 | the payment of such lease rental payments securing the payment |
| |||||||
| |||||||
1 | of the principal of, premium, if any, or interest on, or other | ||||||
2 | fees relating to, any local government security sold or | ||||||
3 | delivered to the Authority or such other entity (including, | ||||||
4 | without 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 | ||||||
26 | government securities of the Authority or its designee, the |
| |||||||
| |||||||
1 | local government which issued such local government securities | ||||||
2 | shall be deemed to have agreed that upon its failure to pay | ||||||
3 | interest or premium, if any, on, or principal of, or fees | ||||||
4 | relating to, the local government securities sold or delivered | ||||||
5 | to the Authority or any entity acting on behalf of the | ||||||
6 | Authority (including, without limitation, any trustee) when | ||||||
7 | payable, all statutory defenses to nonpayment are thereby | ||||||
8 | waived. Upon a default in payment of principal of or interest | ||||||
9 | on any local government securities issued by a unit of local | ||||||
10 | government and sold or delivered to the Authority or its | ||||||
11 | designee, and upon demand on the unit of local government for | ||||||
12 | payment, if the local government securities are payable from | ||||||
13 | property taxes and funds are not legally available in the | ||||||
14 | treasury of the unit of local government to make payment, an | ||||||
15 | action in mandamus for the levy of a tax by the unit of local | ||||||
16 | government to pay the principal of or interest on the local | ||||||
17 | government securities shall lie, and the Authority or such | ||||||
18 | entity shall be constituted a holder or owner of the local | ||||||
19 | government securities as being in default. Upon the occurrence | ||||||
20 | of any failure or default with respect to any local government | ||||||
21 | securities issued by a unit of local government, the Authority | ||||||
22 | or such entity may thereupon avail itself of all remedies, | ||||||
23 | rights and provisions of law applicable in the circumstances, | ||||||
24 | and the failure to exercise or exert any rights or remedies | ||||||
25 | within a time or period provided by law may not be raised as a | ||||||
26 | defense by the unit of local government. |
| |||||||
| |||||||
1 | (Source: P.A. 93-205, eff. 1-1-04.) | ||||||
2 | Section 8.12. The Illinois State Auditing Act is amended | ||||||
3 | by 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 | ||||||
6 | General has jurisdiction over all State agencies to make post | ||||||
7 | audits and investigations authorized by or under this Act or | ||||||
8 | the Constitution. | ||||||
9 | The Auditor General has jurisdiction over local government | ||||||
10 | agencies 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 |
| |||||||
| |||||||
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 | ||||||
5 | conduct an audit of the Metropolitan Pier and Exposition | ||||||
6 | Authority, the Metropolitan Mobility Authority, Regional | ||||||
7 | Transportation Authority, the Suburban Bus Division, the | ||||||
8 | Commuter Rail Division and the Chicago Transit Authority and | ||||||
9 | any other subsidized carrier when authorized by the | ||||||
10 | Legislative Audit Commission. Such audit may be a financial, | ||||||
11 | management or program audit, or any combination thereof. | ||||||
12 | The audit shall determine whether they are operating in | ||||||
13 | accordance with all applicable laws and regulations. Subject | ||||||
14 | to the limitations of this Act, the Legislative Audit | ||||||
15 | Commission may by resolution specify additional determinations | ||||||
16 | to be included in the scope of the audit. | ||||||
17 | In addition to the foregoing, the Auditor General must | ||||||
18 | also conduct a financial audit of the Illinois Sports | ||||||
19 | Facilities Authority's expenditures of public funds in | ||||||
20 | connection with the reconstruction, renovation, remodeling, | ||||||
21 | extension, or improvement of all or substantially all of any | ||||||
22 | existing "facility", as that term is defined in the Illinois | ||||||
23 | Sports Facilities Authority Act. | ||||||
24 | The Auditor General may also conduct an audit, when | ||||||
25 | authorized by the Legislative Audit Commission, of any | ||||||
26 | hospital which receives 10% or more of its gross revenues from |
| |||||||
| |||||||
1 | payments from the State of Illinois, Department of Healthcare | ||||||
2 | and Family Services (formerly Department of Public Aid), | ||||||
3 | Medical Assistance Program. | ||||||
4 | The Auditor General is authorized to conduct financial and | ||||||
5 | compliance audits of the Illinois Distance Learning Foundation | ||||||
6 | and the Illinois Conservation Foundation. | ||||||
7 | As soon as practical after the effective date of this | ||||||
8 | amendatory Act of 1995, the Auditor General shall conduct a | ||||||
9 | compliance and management audit of the City of Chicago and any | ||||||
10 | other entity with regard to the operation of Chicago O'Hare | ||||||
11 | International Airport, Chicago Midway Airport and Merrill C. | ||||||
12 | Meigs Field. The audit shall include, but not be limited to, an | ||||||
13 | examination of revenues, expenses, and transfers of funds; | ||||||
14 | purchasing and contracting policies and practices; staffing | ||||||
15 | levels; and hiring practices and procedures. When completed, | ||||||
16 | the audit required by this paragraph shall be distributed in | ||||||
17 | accordance with Section 3-14. | ||||||
18 | The Auditor General shall conduct a financial and | ||||||
19 | compliance and program audit of distributions from the | ||||||
20 | Municipal Economic Development Fund during the immediately | ||||||
21 | preceding calendar year pursuant to Section 8-403.1 of the | ||||||
22 | Public Utilities Act at no cost to the city, village, or | ||||||
23 | incorporated town that received the distributions. | ||||||
24 | The Auditor General must conduct an audit of the Health | ||||||
25 | Facilities and Services Review Board pursuant to Section 19.5 | ||||||
26 | of the Illinois Health Facilities Planning Act. |
| |||||||
| |||||||
1 | The Auditor General of the State of Illinois shall | ||||||
2 | annually conduct or cause to be conducted a financial and | ||||||
3 | compliance audit of the books and records of any county water | ||||||
4 | commission organized pursuant to the Water Commission Act of | ||||||
5 | 1985 and shall file a copy of the report of that audit with the | ||||||
6 | Governor and the Legislative Audit Commission. The filed audit | ||||||
7 | shall be open to the public for inspection. The cost of the | ||||||
8 | audit shall be charged to the county water commission in | ||||||
9 | accordance with Section 6z-27 of the State Finance Act. The | ||||||
10 | county water commission shall make available to the Auditor | ||||||
11 | General its books and records and any other documentation, | ||||||
12 | whether in the possession of its trustees or other parties, | ||||||
13 | necessary to conduct the audit required. These audit | ||||||
14 | requirements apply only through July 1, 2007. | ||||||
15 | The Auditor General must conduct audits of the Rend Lake | ||||||
16 | Conservancy District as provided in Section 25.5 of the River | ||||||
17 | Conservancy Districts Act. | ||||||
18 | The Auditor General must conduct financial audits of the | ||||||
19 | Southeastern Illinois Economic Development Authority as | ||||||
20 | provided in Section 70 of the Southeastern Illinois Economic | ||||||
21 | Development Authority Act. | ||||||
22 | The Auditor General shall conduct a compliance audit in | ||||||
23 | accordance with subsections (d) and (f) of Section 30 of the | ||||||
24 | Innovation Development and Economy Act. | ||||||
25 | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; | ||||||
26 | 96-939, eff. 6-24-10.) |
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1 | (30 ILCS 5/3-2.3 rep.) | ||||||
2 | Section 8.12a. The Illinois State Auditing Act is amended | ||||||
3 | by repealing Section 3-2.3. | ||||||
4 | Section 8.13. The State Finance Act is amended by changing | ||||||
5 | Sections 5.277, 5.918, 6z-17, 6z-20, 6z-27, 6z-109, 8.25g, and | ||||||
6 | 8.3 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 | ||||||
9 | Transportation Authority Occupation and Use Tax Replacement | ||||||
10 | Fund. | ||||||
11 | (Source: P.A. 86-928; 86-1028.) | ||||||
12 | (30 ILCS 105/5.918) | ||||||
13 | Sec. 5.918. The Metropolitan Mobility Regional | ||||||
14 | Transportation Authority Capital Improvement Fund. | ||||||
15 | (Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19; | ||||||
16 | 102-558, 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 |
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1 | Additional 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 | ||||||
5 | Compliance and Administration Fund under subsection (b), of | ||||||
6 | the money paid into the State and Local Sales Tax Reform Fund: | ||||||
7 | (i) subject to appropriation to the Department of Revenue, | ||||||
8 | Municipalities having 1,000,000 or more inhabitants shall | ||||||
9 | receive 20% and may expend such amount to fund and establish a | ||||||
10 | program for developing and coordinating public and private | ||||||
11 | resources targeted to meet the affordable housing needs of | ||||||
12 | low-income and very low-income households within such | ||||||
13 | municipality, (ii) 10% shall be transferred into the | ||||||
14 | Metropolitan Mobility Regional Transportation Authority | ||||||
15 | Occupation and Use Tax Replacement Fund, a special fund in the | ||||||
16 | State treasury which is hereby created, (iii) until July 1, | ||||||
17 | 2013, subject to appropriation to the Department of | ||||||
18 | Transportation, the Madison County Mass Transit District shall | ||||||
19 | receive .6%, and beginning on July 1, 2013, subject to | ||||||
20 | appropriation to the Department of Revenue, 0.6% shall be | ||||||
21 | distributed each month out of the Fund to the Madison County | ||||||
22 | Mass Transit District, (iv) the following amounts, plus any | ||||||
23 | cumulative deficiency in such transfers for prior months, | ||||||
24 | shall be transferred monthly into the Build Illinois Fund and | ||||||
25 | credited to the Build Illinois Bond Account therein: | ||||||
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6 | From Fiscal Year 1994 through Fiscal Year 2025 the | |||||||||||||||||||||
7 | transfer shall total $3,150,000 monthly, plus any cumulative | |||||||||||||||||||||
8 | deficiency in such transfers for prior months, and (v) the | |||||||||||||||||||||
9 | remainder of the money paid into the State and Local Sales Tax | |||||||||||||||||||||
10 | Reform Fund shall be transferred into the Local Government | |||||||||||||||||||||
11 | Distributive Fund and, except for municipalities with | |||||||||||||||||||||
12 | 1,000,000 or more inhabitants which shall receive no portion | |||||||||||||||||||||
13 | of such remainder, shall be distributed, subject to | |||||||||||||||||||||
14 | appropriation, in the manner provided by Section 2 of "An Act | |||||||||||||||||||||
15 | in relation to State revenue sharing with local government | |||||||||||||||||||||
16 | entities", approved July 31, 1969, as now or hereafter | |||||||||||||||||||||
17 | amended. Municipalities with more than 50,000 inhabitants | |||||||||||||||||||||
18 | according to the 1980 U.S. Census and located within the Metro | |||||||||||||||||||||
19 | East Mass Transit District receiving funds pursuant to | |||||||||||||||||||||
20 | provision (v) of this paragraph may expend such amounts to | |||||||||||||||||||||
21 | fund and establish a program for developing and coordinating | |||||||||||||||||||||
22 | public and private resources targeted to meet the affordable | |||||||||||||||||||||
23 | housing needs of low-income and very low-income households | |||||||||||||||||||||
24 | within such municipality. | |||||||||||||||||||||
25 | Moneys transferred from the Grocery Tax Replacement Fund | |||||||||||||||||||||
26 | to the State and Local Sales Tax Reform Fund under Section |
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1 | 6z-130 shall be treated under this Section in the same manner | ||||||
2 | as if they had been remitted with the return on which they were | ||||||
3 | reported. | ||||||
4 | (b) Beginning on the first day of the first calendar month | ||||||
5 | to occur on or after the effective date of this amendatory Act | ||||||
6 | of the 98th General Assembly, each month the Department of | ||||||
7 | Revenue shall certify to the State Comptroller and the State | ||||||
8 | Treasurer, and the State Comptroller shall order transferred | ||||||
9 | and the State Treasurer shall transfer from the State and | ||||||
10 | Local Sales Tax Reform Fund to the Tax Compliance and | ||||||
11 | Administration Fund, an amount equal to 1/12 of 5% of 20% of | ||||||
12 | the cash receipts collected during the preceding fiscal year | ||||||
13 | by the Audit Bureau of the Department of Revenue under the Use | ||||||
14 | Tax Act, the Service Use Tax Act, the Service Occupation Tax | ||||||
15 | Act, the Retailers' Occupation Tax Act, and associated local | ||||||
16 | occupation and use taxes administered by the Department. The | ||||||
17 | amount distributed under subsection (a) each month shall first | ||||||
18 | be reduced by the amount transferred to the Tax Compliance and | ||||||
19 | Administration Fund under this subsection (b). Moneys | ||||||
20 | transferred to the Tax Compliance and Administration Fund | ||||||
21 | under this subsection (b) shall be used, subject to | ||||||
22 | appropriation, to fund additional auditors and compliance | ||||||
23 | personnel 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) |
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| |||||||
1 | Sec. 6z-20. County and Mass Transit District Fund. Of the | ||||||
2 | money received from the 6.25% general rate (and, beginning | ||||||
3 | July 1, 2000 and through December 31, 2000, the 1.25% rate on | ||||||
4 | motor fuel and gasohol, and beginning on August 6, 2010 | ||||||
5 | through August 15, 2010, and beginning again on August 5, 2022 | ||||||
6 | through August 14, 2022, the 1.25% rate on sales tax holiday | ||||||
7 | items) on sales subject to taxation under the Retailers' | ||||||
8 | Occupation Tax Act and Service Occupation Tax Act and paid | ||||||
9 | into the County and Mass Transit District Fund, distribution | ||||||
10 | to the Metropolitan Mobility Authority Occupation and Use Tax | ||||||
11 | Replacement Fund Regional Transportation Authority tax fund , | ||||||
12 | created pursuant to Section 6.02 4.03 of the Metropolitan | ||||||
13 | Mobility Regional Transportation Authority Act, for deposit | ||||||
14 | therein shall be made based upon the retail sales occurring in | ||||||
15 | a county having more than 3,000,000 inhabitants. The remainder | ||||||
16 | shall be distributed to each county having 3,000,000 or fewer | ||||||
17 | inhabitants based upon the retail sales occurring in each such | ||||||
18 | county. | ||||||
19 | For the purpose of determining allocation to the local | ||||||
20 | government unit, a retail sale by a producer of coal or other | ||||||
21 | mineral mined in Illinois is a sale at retail at the place | ||||||
22 | where the coal or other mineral mined in Illinois is extracted | ||||||
23 | from the earth. This paragraph does not apply to coal or other | ||||||
24 | mineral when it is delivered or shipped by the seller to the | ||||||
25 | purchaser at a point outside Illinois so that the sale is | ||||||
26 | exempt under the United States Constitution as a sale in |
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| |||||||
1 | interstate or foreign commerce. | ||||||
2 | Of the money received from the 6.25% general use tax rate | ||||||
3 | on tangible personal property which is purchased outside | ||||||
4 | Illinois at retail from a retailer and which is titled or | ||||||
5 | registered by any agency of this State's government and paid | ||||||
6 | into the County and Mass Transit District Fund, the amount for | ||||||
7 | which Illinois addresses for titling or registration purposes | ||||||
8 | are given as being in each county having more than 3,000,000 | ||||||
9 | inhabitants shall be distributed into the Metropolitan | ||||||
10 | Mobility Authority Occupation and Use Tax Replacement Fund | ||||||
11 | Regional Transportation Authority tax fund , created pursuant | ||||||
12 | to Section 6.02 4.03 of the Metropolitan Mobility Regional | ||||||
13 | Transportation Authority Act. The remainder of the money paid | ||||||
14 | from such sales shall be distributed to each county based on | ||||||
15 | sales for which Illinois addresses for titling or registration | ||||||
16 | purposes are given as being located in the county. Any money | ||||||
17 | paid into the Regional Transportation Authority Occupation and | ||||||
18 | Use Tax Replacement Fund from the County and Mass Transit | ||||||
19 | District Fund prior to January 14, 1991, which has not been | ||||||
20 | paid to the Authority prior to that date, shall be transferred | ||||||
21 | to the Regional Transportation Authority tax fund. | ||||||
22 | Whenever the Department determines that a refund of money | ||||||
23 | paid into the County and Mass Transit District Fund should be | ||||||
24 | made to a claimant instead of issuing a credit memorandum, the | ||||||
25 | Department shall notify the State Comptroller, who shall cause | ||||||
26 | the order to be drawn for the amount specified, and to the |
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1 | person named, in such notification from the Department. Such | ||||||
2 | refund shall be paid by the State Treasurer out of the County | ||||||
3 | and Mass Transit District Fund. | ||||||
4 | As soon as possible after the first day of each month, | ||||||
5 | beginning January 1, 2011, upon certification of the | ||||||
6 | Department of Revenue, the Comptroller shall order | ||||||
7 | transferred, and the Treasurer shall transfer, to the STAR | ||||||
8 | Bonds Revenue Fund the local sales tax increment, as defined | ||||||
9 | in the Innovation Development and Economy Act, collected | ||||||
10 | during the second preceding calendar month for sales within a | ||||||
11 | STAR bond district and deposited into the County and Mass | ||||||
12 | Transit District Fund, less 3% of that amount, which shall be | ||||||
13 | transferred into the Tax Compliance and Administration Fund | ||||||
14 | and shall be used by the Department, subject to appropriation, | ||||||
15 | to cover the costs of the Department in administering the | ||||||
16 | Innovation Development and Economy Act. | ||||||
17 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
18 | on or before the 25th day of each calendar month, the | ||||||
19 | Department shall prepare and certify to the Comptroller the | ||||||
20 | disbursement of stated sums of money to the Metropolitan | ||||||
21 | Mobility Regional Transportation Authority and to named | ||||||
22 | counties, the counties to be those entitled to distribution, | ||||||
23 | as hereinabove provided, of taxes or penalties paid to the | ||||||
24 | Department during the second preceding calendar month. The | ||||||
25 | amount to be paid to the Metropolitan Mobility Regional | ||||||
26 | Transportation Authority and each county having 3,000,000 or |
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1 | fewer inhabitants shall be the amount (not including credit | ||||||
2 | memoranda) collected during the second preceding calendar | ||||||
3 | month by the Department and paid into the County and Mass | ||||||
4 | Transit District Fund, plus an amount the Department | ||||||
5 | determines is necessary to offset any amounts which were | ||||||
6 | erroneously paid to a different taxing body, and not including | ||||||
7 | an amount equal to the amount of refunds made during the second | ||||||
8 | preceding calendar month by the Department, and not including | ||||||
9 | any amount which the Department determines is necessary to | ||||||
10 | offset any amounts which were payable to a different taxing | ||||||
11 | body but were erroneously paid to the Metropolitan Mobility | ||||||
12 | Regional Transportation Authority or county, and not including | ||||||
13 | any amounts that are transferred to the STAR Bonds Revenue | ||||||
14 | Fund, less 1.5% of the amount to be paid to the Metropolitan | ||||||
15 | Mobility Regional Transportation Authority, which shall be | ||||||
16 | transferred into the Tax Compliance and Administration Fund. | ||||||
17 | The Department, at the time of each monthly disbursement to | ||||||
18 | the Metropolitan Mobility Regional Transportation Authority, | ||||||
19 | shall prepare and certify to the State Comptroller the amount | ||||||
20 | to be transferred into the Tax Compliance and Administration | ||||||
21 | Fund under this Section. Within 10 days after receipt, by the | ||||||
22 | Comptroller, of the disbursement certification to the | ||||||
23 | Metropolitan Mobility Regional Transportation Authority, | ||||||
24 | counties, and the Tax Compliance and Administration Fund | ||||||
25 | provided for in this Section to be given to the Comptroller by | ||||||
26 | the Department, the Comptroller shall cause the orders to be |
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1 | drawn for the respective amounts in accordance with the | ||||||
2 | directions contained in such certification. | ||||||
3 | When certifying the amount of a monthly disbursement to | ||||||
4 | the Metropolitan Mobility Regional Transportation Authority or | ||||||
5 | to a county under this Section, the Department shall increase | ||||||
6 | or decrease that amount by an amount necessary to offset any | ||||||
7 | misallocation of previous disbursements. The offset amount | ||||||
8 | shall be the amount erroneously disbursed within the 6 months | ||||||
9 | preceding the time a misallocation is discovered. | ||||||
10 | The provisions directing the distributions from the | ||||||
11 | special fund in the State treasury Treasury provided for in | ||||||
12 | this Section and from the Metropolitan Mobility Authority | ||||||
13 | Occupation and Use Tax Replacement Fund Regional | ||||||
14 | Transportation Authority tax fund created by Section 6.02 4.03 | ||||||
15 | of the Metropolitan Mobility Regional Transportation Authority | ||||||
16 | Act shall constitute an irrevocable and continuing | ||||||
17 | appropriation of all amounts as provided herein. The State | ||||||
18 | Treasurer and State Comptroller are hereby authorized to make | ||||||
19 | distributions as provided in this Section. | ||||||
20 | In construing any development, redevelopment, annexation, | ||||||
21 | preannexation or other lawful agreement in effect prior to | ||||||
22 | September 1, 1990, which describes or refers to receipts from | ||||||
23 | a county or municipal retailers' occupation tax, use tax or | ||||||
24 | service occupation tax which now cannot be imposed, such | ||||||
25 | description or reference shall be deemed to include the | ||||||
26 | replacement revenue for such abolished taxes, distributed from |
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1 | the County and Mass Transit District Fund or Local Government | ||||||
2 | Distributive 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 | ||||||
6 | transferred, appropriated and used only for the purposes | ||||||
7 | authorized by, and subject to the limitations and conditions | ||||||
8 | prescribed by, the Illinois State Auditing Act. | ||||||
9 | Within 30 days after July 1, 2024, or as soon thereafter as | ||||||
10 | practical, the State Comptroller shall order transferred and | ||||||
11 | the State Treasurer shall transfer from the following funds | ||||||
12 | moneys in the specified amounts for deposit into the Audit | ||||||
13 | Expense Fund: | ||||||
14 | Attorney General Court Ordered and Voluntary | ||||||
15 | Compliance Payment Projects Fund .................. $22,470 | ||||||
16 | Aggregate Operations Regulatory Fund ..................... $605 | ||||||
17 | Agricultural Premium Fund ............................. $21,002 | ||||||
18 | Attorney General's State Projects and | ||||||
19 | Court Ordered Distribution Fund ................... $36,873 | ||||||
20 | Anna Veterans Home Fund ................................ $1,205 | ||||||
21 | Appraisal Administration Fund .......................... $2,670 | ||||||
22 | Attorney General Whistleblower Reward | ||||||
23 | and Protection Fund .................................. $938 | ||||||
24 | Bank and Trust Company Fund ........................... $82,945 | ||||||
25 | Brownfields Redevelopment Fund ......................... $1,893 |
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1 | Cannabis Business Development Fund .................... $15,750 | ||||||
2 | Cannabis Expungement Fund .............................. $2,511 | ||||||
3 | Capital Development Board Revolving Fund ............... $4,668 | ||||||
4 | Care Provider Fund for Persons with | ||||||
5 | a Developmental Disability ......................... $6,794 | ||||||
6 | CDLIS/AAMVAnet/NMVTIS Trust Fund ....................... $1,679 | ||||||
7 | Cemetery Oversight Licensing and Disciplinary Fund ..... $6,187 | ||||||
8 | Chicago State University Education Improvement Fund ... $16,893 | ||||||
9 | Chicago Travel Industry Promotion Fund ................. $9,146 | ||||||
10 | Child Support Administrative Fund ...................... $2,669 | ||||||
11 | Clean Air Act Permit Fund ............................. $11,283 | ||||||
12 | Coal Technology Development Assistance Fund ........... $22,087 | ||||||
13 | Community Association Manager | ||||||
14 | Licensing and Disciplinary Fund .................... $1,178 | ||||||
15 | Commitment to Human Services Fund ................... $259,050 | ||||||
16 | Common School Fund .................................. $385,362 | ||||||
17 | Community Mental Health Medicaid Trust Fund ............ $6,972 | ||||||
18 | Community Water Supply Laboratory Fund ................... $835 | ||||||
19 | Credit Union Fund ..................................... $21,944 | ||||||
20 | Cycle Rider Safety Training Fund ......................... $704 | ||||||
21 | DCFS Children's Services Fund ........................ $164,036 | ||||||
22 | Department of Business Services Special Operations Fund . $4,564 | ||||||
23 | Department of Corrections Reimbursement | ||||||
24 | and Education Fund ................................ $23,892 | ||||||
25 | Design Professionals Administration | ||||||
26 | and Investigation Fund ............................. $3,892 |
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1 | Department of Human Services Community Services Fund ... $6,314 | ||||||
2 | Downstate Public Transportation Fund .................. $40,428 | ||||||
3 | Drivers Education Fund ................................... $904 | ||||||
4 | Drug Rebate Fund ...................................... $40,707 | ||||||
5 | Drug Treatment Fund ...................................... $810 | ||||||
6 | Drycleaner Environmental Response Trust Fund ........... $1,555 | ||||||
7 | Education Assistance Fund .......................... $2,347,928 | ||||||
8 | Electric Vehicle Rebate Fund .......................... $24,101 | ||||||
9 | Energy Efficiency Trust Fund ............................. $955 | ||||||
10 | Energy Transition Assistance Fund ...................... $1,193 | ||||||
11 | Environmental Protection Permit and Inspection Fund ... $17,475 | ||||||
12 | Facilities Management Revolving Fund .................. $21,298 | ||||||
13 | Fair and Exposition Fund ................................. $782 | ||||||
14 | Federal Asset Forfeiture Fund .......................... $1,195 | ||||||
15 | Federal High Speed Rail Trust Fund ....................... $910 | ||||||
16 | Federal Workforce Training Fund ...................... $113,609 | ||||||
17 | Feed Control Fund ...................................... $1,263 | ||||||
18 | Fertilizer Control Fund .................................. $778 | ||||||
19 | Fire Prevention Fund ................................... $4,470 | ||||||
20 | Freedom Schools Fund ..................................... $636 | ||||||
21 | Fund for the Advancement of Education ................. $61,767 | ||||||
22 | General Professions Dedicated Fund .................... $36,108 | ||||||
23 | General Revenue Fund .............................. $17,653,153 | ||||||
24 | Grade Crossing Protection Fund ......................... $7,759 | ||||||
25 | Hazardous Waste Fund ................................... $9,036 | ||||||
26 | Health and Human Services Medicaid Trust Fund ............ $793 |
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1 | Healthcare Provider Relief Fund ...................... $209,863 | ||||||
2 | Historic Property Administrative Fund .................... $791 | ||||||
3 | Horse Racing Fund .................................... $233,685 | ||||||
4 | Hospital Provider Fund ................................ $66,984 | ||||||
5 | Illinois Affordable Housing Trust Fund ................ $30,424 | ||||||
6 | Illinois Charity Bureau Fund ........................... $2,025 | ||||||
7 | Illinois Clean Water Fund ............................. $18,928 | ||||||
8 | Illinois Forestry Development Fund .................... $13,054 | ||||||
9 | Illinois Gaming Law Enforcement Fund ................... $1,411 | ||||||
10 | IMSA Income Fund ...................................... $10,499 | ||||||
11 | Illinois Military Family Relief Fund ................... $2,963 | ||||||
12 | Illinois National Guard Construction Fund .............. $4,944 | ||||||
13 | Illinois Power Agency Operations Fund ................ $154,375 | ||||||
14 | Illinois State Dental Disciplinary Fund ................ $3,947 | ||||||
15 | Illinois State Fair Fund ............................... $5,871 | ||||||
16 | Illinois State Medical Disciplinary Fund .............. $32,809 | ||||||
17 | Illinois State Pharmacy Disciplinary Fund ............. $10,993 | ||||||
18 | Illinois Student Assistance Commission | ||||||
19 | Contracts and Grants Fund ............................ $950 | ||||||
20 | Illinois Veterans Assistance Fund ...................... $2,738 | ||||||
21 | Illinois Veterans' Rehabilitation Fund ................... $685 | ||||||
22 | Illinois Wildlife Preservation Fund .................... $2,646 | ||||||
23 | Illinois Workers' Compensation Commission | ||||||
24 | Operations Fund ................................... $94,942 | ||||||
25 | Illinois Works Fund .................................... $5,577 | ||||||
26 | Income Tax Refund Fund ............................... $232,364 |
| |||||||
| |||||||
1 | Insurance Financial Regulation Fund .................. $158,266 | ||||||
2 | Insurance Premium Tax Refund Fund ..................... $10,972 | ||||||
3 | Insurance Producer Administration Fund ............... $208,185 | ||||||
4 | International Tourism Fund ............................. $1,317 | ||||||
5 | LaSalle Veterans Home Fund ............................. $2,656 | ||||||
6 | Law Enforcement Recruitment and Retention Fund ........ $10,249 | ||||||
7 | Law Enforcement Training Fund ......................... $28,714 | ||||||
8 | LEADS Maintenance Fund ................................... $573 | ||||||
9 | Live and Learn Fund .................................... $8,419 | ||||||
10 | Local Government Distributive Fund ................... $120,745 | ||||||
11 | Local Tourism Fund .................................... $16,582 | ||||||
12 | Long Term Care Ombudsman Fund ............................ $635 | ||||||
13 | Long-Term Care Provider Fund .......................... $10,352 | ||||||
14 | Manteno Veterans Home Fund ............................. $3,941 | ||||||
15 | Mental Health Fund ..................................... $3,560 | ||||||
16 | Mental Health Reporting Fund ............................. $878 | ||||||
17 | Military Affairs Trust Fund ............................ $1,017 | ||||||
18 | Monitoring Device Driving Permit | ||||||
19 | Administration Fee Fund .............................. $657 | ||||||
20 | Motor Carrier Safety Inspection Fund ................... $1,892 | ||||||
21 | Motor Fuel Tax Fund .................................. $124,570 | ||||||
22 | Motor Vehicle License Plate Fund ....................... $6,363 | ||||||
23 | Nursing Dedicated and Professional Fund ............... $14,671 | ||||||
24 | Off-Highway Vehicle Trails Fund ........................ $1,431 | ||||||
25 | Open Space Lands Acquisition and Development Fund ..... $67,764 | ||||||
26 | Optometric Licensing and Disciplinary Board Fund ......... $922 |
| |||||||
| |||||||
1 | Parity Advancement Fund ................................ $9,349 | ||||||
2 | Partners For Conservation Fund ........................ $25,309 | ||||||
3 | Pawnbroker Regulation Fund ............................... $659 | ||||||
4 | Pension Stabilization Fund ............................. $3,009 | ||||||
5 | Personal Property Tax Replacement Fund ............... $251,569 | ||||||
6 | Pesticide Control Fund ................................. $4,715 | ||||||
7 | Prisoner Review Board Vehicle and Equipment Fund ....... $3,035 | ||||||
8 | Professional Services Fund ............................. $3,093 | ||||||
9 | Professions Indirect Cost Fund ....................... $194,398 | ||||||
10 | Public Pension Regulation Fund ......................... $3,519 | ||||||
11 | Public Transportation Fund ........................... $108,264 | ||||||
12 | Quincy Veterans Home Fund ............................. $25,455 | ||||||
13 | Real Estate License Administration Fund ............... $27,976 | ||||||
14 | Rebuild Illinois Projects Fund ......................... $3,682 | ||||||
15 | Regional Transportation Authority Occupation and Use Tax | ||||||
16 | Replacement Fund (now the | ||||||
17 | Metropolitan Mobility Authority Occupation | ||||||
18 | and Use Tax Replacement Fund) ...................... $3,226 | ||||||
19 | Registered Certified Public Accountants' Administration | ||||||
20 | and Disciplinary Fund .............................. $3,213 | ||||||
21 | Renewable Energy Resources Trust Fund .................. $2,463 | ||||||
22 | Rental Housing Support Program Fund ...................... $560 | ||||||
23 | Residential Finance Regulatory Fund ................... $21,672 | ||||||
24 | Road Fund ............................................ $524,729 | ||||||
25 | Salmon Fund .............................................. $837 | ||||||
26 | Savings Bank Regulatory Fund ............................. $528 |
| |||||||
| |||||||
1 | School Infrastructure Fund ............................ $10,122 | ||||||
2 | Secretary of State DUI Administration Fund ............. $1,021 | ||||||
3 | Secretary of State Identification Security and | ||||||
4 | Theft Prevention Fund .............................. $4,877 | ||||||
5 | Secretary of State Special License Plate Fund .......... $1,410 | ||||||
6 | Secretary of State Special Services Fund .............. $11,665 | ||||||
7 | Securities Audit and Enforcement Fund .................. $2,279 | ||||||
8 | Serve Illinois Commission Fund ........................... $950 | ||||||
9 | Snowmobile Trail Establishment Fund ...................... $653 | ||||||
10 | Solid Waste Management Fund ........................... $17,540 | ||||||
11 | Special Education Medicaid Matching Fund ............... $2,916 | ||||||
12 | Sports Wagering Fund .................................. $14,696 | ||||||
13 | State Police Law Enforcement Administration Fund ....... $3,635 | ||||||
14 | State and Local Sales Tax Reform Fund .................. $6,676 | ||||||
15 | State Asset Forfeiture Fund ............................ $1,445 | ||||||
16 | State Aviation Program Fund ............................ $2,125 | ||||||
17 | State Construction Account Fund ...................... $151,079 | ||||||
18 | State Crime Laboratory Fund ............................ $6,342 | ||||||
19 | State Gaming Fund .................................... $216,475 | ||||||
20 | State Garage Revolving Fund ............................ $4,892 | ||||||
21 | State Lottery Fund ................................... $106,169 | ||||||
22 | State Pensions Fund ................................. $500,000 | ||||||
23 | State Police Firearm Services Fund .................... $16,049 | ||||||
24 | State Police Services Fund ............................ $20,688 | ||||||
25 | State Police Vehicle Fund .............................. $7,562 | ||||||
26 | State Police Whistleblower Reward |
| |||||||
| |||||||
1 | and Protection Fund ................................ $3,858 | ||||||
2 | State Small Business Credit Initiative Fund ........... $20,739 | ||||||
3 | State's Attorneys Appellate | ||||||
4 | Prosecutor's County Fund .......................... $20,621 | ||||||
5 | Subtitle D Management Fund ............................. $2,669 | ||||||
6 | Supplemental Low-Income Energy Assistance Fund ....... $158,173 | ||||||
7 | Tax Compliance and Administration Fund ................. $3,789 | ||||||
8 | Technology Management Revolving Fund ................. $620,435 | ||||||
9 | Tobacco Settlement Recovery Fund ....................... $4,747 | ||||||
10 | Tourism Promotion Fund ................................ $46,998 | ||||||
11 | Traffic and Criminal Conviction Surcharge Fund ........ $41,173 | ||||||
12 | Underground Storage Tank Fund ......................... $31,314 | ||||||
13 | University of Illinois Hospital Services Fund .......... $3,257 | ||||||
14 | Vehicle Hijacking and Motor Vehicle Theft | ||||||
15 | Prevention and Insurance Verification Trust Fund ... $8,183 | ||||||
16 | Vehicle Inspection Fund ............................... $19,811 | ||||||
17 | Weights and Measures Fund .............................. $3,636 | ||||||
18 | Notwithstanding any provision of the law to the contrary, | ||||||
19 | the General Assembly hereby authorizes the use of such funds | ||||||
20 | for the purposes set forth in this Section. | ||||||
21 | These provisions do not apply to funds classified by the | ||||||
22 | Comptroller as federal trust funds or State trust funds. The | ||||||
23 | Audit Expense Fund may receive transfers from those trust | ||||||
24 | funds only as directed herein, except where prohibited by the | ||||||
25 | terms of the trust fund agreement. The Auditor General shall | ||||||
26 | notify the trustees of those funds of the estimated cost of the |
| |||||||
| |||||||
1 | audit to be incurred under the Illinois State Auditing Act for | ||||||
2 | the fund. The trustees of those funds shall direct the State | ||||||
3 | Comptroller and Treasurer to transfer the estimated amount to | ||||||
4 | the Audit Expense Fund. | ||||||
5 | The Auditor General may bill entities that are not subject | ||||||
6 | to the above transfer provisions, including private entities, | ||||||
7 | related organizations and entities whose funds are | ||||||
8 | locally-held, for the cost of audits, studies, and | ||||||
9 | investigations incurred on their behalf. Any revenues received | ||||||
10 | under this provision shall be deposited into the Audit Expense | ||||||
11 | Fund. | ||||||
12 | In the event that moneys on deposit in any fund are | ||||||
13 | unavailable, by reason of deficiency or any other reason | ||||||
14 | preventing their lawful transfer, the State Comptroller shall | ||||||
15 | order transferred and the State Treasurer shall transfer the | ||||||
16 | amount deficient or otherwise unavailable from the General | ||||||
17 | Revenue Fund for deposit into the Audit Expense Fund. | ||||||
18 | On or before December 1, 1992, and each December 1 | ||||||
19 | thereafter, the Auditor General shall notify the Governor's | ||||||
20 | Office of Management and Budget (formerly Bureau of the | ||||||
21 | Budget) of the amount estimated to be necessary to pay for | ||||||
22 | audits, studies, and investigations in accordance with the | ||||||
23 | Illinois State Auditing Act during the next succeeding fiscal | ||||||
24 | year for each State fund for which a transfer or reimbursement | ||||||
25 | is anticipated. | ||||||
26 | Beginning with fiscal year 1994 and during each fiscal |
| |||||||
| |||||||
1 | year thereafter, the Auditor General may direct the State | ||||||
2 | Comptroller and Treasurer to transfer moneys from funds | ||||||
3 | authorized by the General Assembly for that fund. In the event | ||||||
4 | funds, including federal and State trust funds but excluding | ||||||
5 | the General Revenue Fund, are transferred, during fiscal year | ||||||
6 | 1994 and during each fiscal year thereafter, in excess of the | ||||||
7 | amount to pay actual costs attributable to audits, studies, | ||||||
8 | and investigations as permitted or required by the Illinois | ||||||
9 | State Auditing Act or specific action of the General Assembly, | ||||||
10 | the Auditor General shall, on September 30, or as soon | ||||||
11 | thereafter as is practicable, direct the State Comptroller and | ||||||
12 | Treasurer to transfer the excess amount back to the fund from | ||||||
13 | which it was originally transferred. | ||||||
14 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
15 | 103-8, eff. 6-7-23; 103-129, eff. 6-30-23; 103-588, eff. | ||||||
16 | 6-5-24.) | ||||||
17 | (30 ILCS 105/6z-109) | ||||||
18 | Sec. 6z-109. Metropolitan Mobility Regional Transportation | ||||||
19 | Authority Capital Improvement Fund. | ||||||
20 | (a) The Metropolitan Mobility Regional Transportation | ||||||
21 | Authority Capital Improvement Fund is created as a special | ||||||
22 | fund in the State treasury and shall receive a portion of the | ||||||
23 | moneys deposited into the Transportation Renewal Fund from | ||||||
24 | Motor Fuel Tax revenues pursuant to Section 8b of the Motor | ||||||
25 | Fuel Tax Law. |
| |||||||
| |||||||
1 | (b) Money in the Metropolitan Mobility Regional | ||||||
2 | Transportation Authority Capital Improvement Fund shall be | ||||||
3 | used exclusively for transportation-related purposes as | ||||||
4 | described in Section 11 of Article IX of the Illinois | ||||||
5 | Constitution 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 | ||||||
9 | State of Illinois incurs any bonded indebtedness for the | ||||||
10 | construction of permanent highways, be set aside and used for | ||||||
11 | the purpose of paying and discharging annually the principal | ||||||
12 | and interest on that bonded indebtedness then due and payable, | ||||||
13 | and for no other purpose. The surplus, if any, in the Road Fund | ||||||
14 | after the payment of principal and interest on that bonded | ||||||
15 | indebtedness 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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
15 | the Road Fund. Appropriations may also be made from the Road | ||||||
16 | Fund for the administrative expenses of any State agency that | ||||||
17 | are related to motor vehicles or arise from the use of motor | ||||||
18 | vehicles. | ||||||
19 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
20 | Fund monies shall be appropriated to the following Departments | ||||||
21 | or agencies of State government for administration, grants, or | ||||||
22 | operations; but this limitation is not a restriction upon | ||||||
23 | appropriating for those purposes any Road Fund monies that are | ||||||
24 | eligible for federal reimbursement: | ||||||
25 | 1. Department of Public Health; | ||||||
26 | 2. Department of Transportation, only with respect to |
| |||||||
| |||||||
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 | ||||||
10 | Fund monies shall be appropriated to the following Departments | ||||||
11 | or agencies of State government for administration, grants, or | ||||||
12 | operations; but this limitation is not a restriction upon | ||||||
13 | appropriating for those purposes any Road Fund monies that are | ||||||
14 | eligible 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 | ||||||
24 | Fund monies shall be appropriated to the following Departments | ||||||
25 | or agencies of State government for administration, grants, or | ||||||
26 | operations; but this limitation is not a restriction upon |
| |||||||
| |||||||
1 | appropriating for those purposes any Road Fund monies that are | ||||||
2 | eligible for federal reimbursement: Department of Central | ||||||
3 | Management Services, except for awards made by the Illinois | ||||||
4 | Workers' Compensation Commission under the terms of the | ||||||
5 | Workers' Compensation Act or Workers' Occupational Diseases | ||||||
6 | Act for injury or death of an employee of the Division of | ||||||
7 | Highways in the Department of Transportation. | ||||||
8 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
9 | Fund monies shall be appropriated to the following Departments | ||||||
10 | or agencies of State government for administration, grants, or | ||||||
11 | operations; but this limitation is not a restriction upon | ||||||
12 | appropriating for those purposes any Road Fund monies that are | ||||||
13 | eligible 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 | ||||||
19 | Fund monies shall be appropriated to any Department or agency | ||||||
20 | of State government for administration, grants, or operations | ||||||
21 | except as provided hereafter; but this limitation is not a | ||||||
22 | restriction upon appropriating for those purposes any Road | ||||||
23 | Fund monies that are eligible for federal reimbursement. It | ||||||
24 | shall not be lawful to circumvent the above appropriation | ||||||
25 | limitations by governmental reorganization or other methods. | ||||||
26 | Appropriations shall be made from the Road Fund only in |
| |||||||
| |||||||
1 | accordance with the provisions of this Section. | ||||||
2 | Money in the Road Fund shall, if and when the State of | ||||||
3 | Illinois incurs any bonded indebtedness for the construction | ||||||
4 | of permanent highways, be set aside and used for the purpose of | ||||||
5 | paying and discharging during each fiscal year the principal | ||||||
6 | and interest on that bonded indebtedness as it becomes due and | ||||||
7 | payable as provided in the General Obligation Bond Act, and | ||||||
8 | for no other purpose. The surplus, if any, in the Road Fund | ||||||
9 | after the payment of principal and interest on that bonded | ||||||
10 | indebtedness 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, |
| |||||||
| |||||||
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 | ||||||
21 | the Road Fund or the Grade Crossing Protection Fund as | ||||||
22 | provided in Section 8 of the Motor Fuel Tax Law. | ||||||
23 | Except as provided in this paragraph, beginning with | ||||||
24 | fiscal year 1991 and thereafter, no Road Fund monies shall be | ||||||
25 | appropriated to the Illinois State Police for the purposes of | ||||||
26 | this Section in excess of its total fiscal year 1990 Road Fund |
| |||||||
| |||||||
1 | appropriations for those purposes unless otherwise provided in | ||||||
2 | Section 5g of this Act. For fiscal years 2003, 2004, 2005, | ||||||
3 | 2006, and 2007 only, no Road Fund monies shall be appropriated | ||||||
4 | to the Department of State Police for the purposes of this | ||||||
5 | Section in excess of $97,310,000. For fiscal year 2008 only, | ||||||
6 | no Road Fund monies shall be appropriated to the Department of | ||||||
7 | State Police for the purposes of this Section in excess of | ||||||
8 | $106,100,000. For fiscal year 2009 only, no Road Fund monies | ||||||
9 | shall be appropriated to the Department of State Police for | ||||||
10 | the purposes of this Section in excess of $114,700,000. | ||||||
11 | Beginning in fiscal year 2010, no Road Fund moneys shall be | ||||||
12 | appropriated to the Illinois State Police. It shall not be | ||||||
13 | lawful to circumvent this limitation on appropriations by | ||||||
14 | governmental reorganization or other methods unless otherwise | ||||||
15 | provided in Section 5g of this Act. | ||||||
16 | In fiscal year 1994, no Road Fund monies shall be | ||||||
17 | appropriated to the Secretary of State for the purposes of | ||||||
18 | this Section in excess of the total fiscal year 1991 Road Fund | ||||||
19 | appropriations to the Secretary of State for those purposes, | ||||||
20 | plus $9,800,000. It shall not be lawful to circumvent this | ||||||
21 | limitation on appropriations by governmental reorganization or | ||||||
22 | other method. | ||||||
23 | Beginning with fiscal year 1995 and thereafter, no Road | ||||||
24 | Fund monies shall be appropriated to the Secretary of State | ||||||
25 | for the purposes of this Section in excess of the total fiscal | ||||||
26 | year 1994 Road Fund appropriations to the Secretary of State |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | for those purposes. It shall not be lawful to circumvent this | |||||||||||||||||||||||||||||||||||||||||
2 | limitation on appropriations by governmental reorganization or | |||||||||||||||||||||||||||||||||||||||||
3 | other methods. | |||||||||||||||||||||||||||||||||||||||||
4 | Beginning with fiscal year 2000, total Road Fund | |||||||||||||||||||||||||||||||||||||||||
5 | appropriations to the Secretary of State for the purposes of | |||||||||||||||||||||||||||||||||||||||||
6 | this Section shall not exceed the amounts specified for the | |||||||||||||||||||||||||||||||||||||||||
7 | following fiscal years: | |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
18 | For fiscal year 2010, no road fund moneys shall be | |||||||||||||||||||||||||||||||||||||||||
19 | appropriated to the Secretary of State. | |||||||||||||||||||||||||||||||||||||||||
20 | Beginning in fiscal year 2011, moneys in the Road Fund | |||||||||||||||||||||||||||||||||||||||||
21 | shall be appropriated to the Secretary of State for the | |||||||||||||||||||||||||||||||||||||||||
22 | exclusive purpose of paying refunds due to overpayment of fees | |||||||||||||||||||||||||||||||||||||||||
23 | related to Chapter 3 of the Illinois Vehicle Code unless | |||||||||||||||||||||||||||||||||||||||||
24 | otherwise provided for by law. | |||||||||||||||||||||||||||||||||||||||||
25 | Beginning in fiscal year 2025, moneys in the Road Fund may | |||||||||||||||||||||||||||||||||||||||||
26 | be appropriated to the Environmental Protection Agency for the |
| |||||||
| |||||||
1 | exclusive purpose of making deposits into the Electric Vehicle | ||||||
2 | Rebate Fund, subject to appropriation, to be used for purposes | ||||||
3 | consistent with Section 11 of Article IX of the Illinois | ||||||
4 | Constitution. | ||||||
5 | It shall not be lawful to circumvent this limitation on | ||||||
6 | appropriations by governmental reorganization or other | ||||||
7 | methods. | ||||||
8 | No new program may be initiated in fiscal year 1991 and | ||||||
9 | thereafter that is not consistent with the limitations imposed | ||||||
10 | by this Section for fiscal year 1984 and thereafter, insofar | ||||||
11 | as appropriation of Road Fund monies is concerned. | ||||||
12 | Nothing in this Section prohibits transfers from the Road | ||||||
13 | Fund to the State Construction Account Fund under Section 5e | ||||||
14 | of this Act; nor to the General Revenue Fund, as authorized by | ||||||
15 | Public Act 93-25. | ||||||
16 | The additional amounts authorized for expenditure in this | ||||||
17 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 | ||||||
18 | shall be repaid to the Road Fund from the General Revenue Fund | ||||||
19 | in the next succeeding fiscal year that the General Revenue | ||||||
20 | Fund has a positive budgetary balance, as determined by | ||||||
21 | generally accepted accounting principles applicable to | ||||||
22 | government. | ||||||
23 | The additional amounts authorized for expenditure by the | ||||||
24 | Secretary of State and the Department of State Police in this | ||||||
25 | Section by Public Act 94-91 shall be repaid to the Road Fund | ||||||
26 | from the General Revenue Fund in the next succeeding fiscal |
| |||||||
| |||||||
1 | year that the General Revenue Fund has a positive budgetary | ||||||
2 | balance, as determined by generally accepted accounting | ||||||
3 | principles applicable to government. | ||||||
4 | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | ||||||
5 | 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. | ||||||
6 | 6-7-23; 103-34, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605, | ||||||
7 | eff. 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 | ||||||
10 | Civic and Transit Infrastructure Fund is created as a special | ||||||
11 | fund in the State treasury Treasury . Money in the Civic and | ||||||
12 | Transit Infrastructure Fund shall, when the State of Illinois | ||||||
13 | incurs infrastructure indebtedness pursuant to the | ||||||
14 | public-private partnership entered into by the public agency | ||||||
15 | on behalf of the State of Illinois with private entity | ||||||
16 | pursuant to the Public-Private Partnership for Civic and | ||||||
17 | Transit Infrastructure Project Act, be used for the purpose of | ||||||
18 | paying and discharging monthly the principal and interest on | ||||||
19 | that infrastructure indebtedness then due and payable | ||||||
20 | consistent with the term established in the public-private | ||||||
21 | agreement entered into by the public agency on behalf of the | ||||||
22 | State of Illinois. The public agency shall, pursuant to its | ||||||
23 | authority under the Public-Private Partnership for Civic and | ||||||
24 | Transit Infrastructure Project Act, annually certify to the | ||||||
25 | State Comptroller and the State Treasurer the amount necessary |
| |||||||
| |||||||
1 | and required, during the fiscal year with respect to which the | ||||||
2 | certification is made, to pay the amounts due under the | ||||||
3 | Public-Private Partnership for Civic and Transit | ||||||
4 | Infrastructure Project Act. On or before the last day of each | ||||||
5 | month, the State Comptroller and State Treasurer shall | ||||||
6 | transfer the moneys required to be deposited into the Fund | ||||||
7 | under Section 3 of the Retailers' Occupation Tax Act and the | ||||||
8 | Public-Private Partnership for Civic and Transit | ||||||
9 | Infrastructure Project Act and shall pay from that Fund the | ||||||
10 | required amount certified by the public agency, plus any | ||||||
11 | cumulative deficiency in such transfers and payments for prior | ||||||
12 | months, to the public agency for distribution pursuant to the | ||||||
13 | Public-Private Partnership for Civic and Transit | ||||||
14 | Infrastructure Project Act. Such transferred amount shall be | ||||||
15 | sufficient to pay all amounts due under the Public-Private | ||||||
16 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
17 | Provided that all amounts deposited in the Fund have been paid | ||||||
18 | accordingly under the Public-Private Partnership for Civic and | ||||||
19 | Transit Infrastructure Project Act, all amounts remaining in | ||||||
20 | the Civic and Transit Infrastructure Fund shall be held in | ||||||
21 | that Fund for other subsequent payments required under the | ||||||
22 | Public-Private Partnership for Civic and Transit | ||||||
23 | Infrastructure Project Act. In the event the State fails to | ||||||
24 | pay the amount necessary and required under the Public-Private | ||||||
25 | Partnership for Civic and Transit Infrastructure Project Act | ||||||
26 | for any reason during the fiscal year with respect to which the |
| |||||||
| |||||||
1 | certification is made or if the State takes any steps that | ||||||
2 | result in an impact to the irrevocable, first priority pledge | ||||||
3 | of and lien on moneys on deposit in the Civic and Transit | ||||||
4 | Infrastructure Fund, the public agency shall certify such | ||||||
5 | delinquent amounts to the State Comptroller and the State | ||||||
6 | Treasurer and the State Comptroller and the State Treasurer | ||||||
7 | shall take all steps required to intercept the tax revenues | ||||||
8 | collected from within the boundary of the civic transit | ||||||
9 | infrastructure project pursuant to Section 3 of the Retailers' | ||||||
10 | Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of | ||||||
11 | the Service Use Tax Act, Section 9 of the Service Occupation | ||||||
12 | Tax Act, Section 6.02 4.03 of the Metropolitan Mobility | ||||||
13 | Regional Transportation Authority Act, and Section 6 of the | ||||||
14 | Hotel Operators' Occupation Tax Act, and shall pay such | ||||||
15 | amounts to the Fund for distribution by the public agency for | ||||||
16 | the time period required to ensure that the State's | ||||||
17 | distribution requirements under the Public-Private Partnership | ||||||
18 | for Civic and Transit Infrastructure Project Act are fully | ||||||
19 | met. | ||||||
20 | As used in the Section, "private entity", "public-private | ||||||
21 | agreement", and "public agency" have meanings provided in | ||||||
22 | Section 25-10 of the Public-Private Partnership for Civic and | ||||||
23 | Transit 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 |
| |||||||
| |||||||
1 | Disposition 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, | ||||||
4 | department, institute, arm, or agency to whom or to which this | ||||||
5 | Act applies is to notify the State Treasurer as to money paid | ||||||
6 | to him, her, or it under protest as provided in Section 2a.1, | ||||||
7 | and the Treasurer is to place the money in a special fund to be | ||||||
8 | known as the protest fund. At the expiration of 30 days from | ||||||
9 | the date of payment, the money is to be transferred from the | ||||||
10 | protest fund to the appropriate fund in which it would have | ||||||
11 | been placed had there been payment without protest unless the | ||||||
12 | party making that payment under protest has filed a complaint | ||||||
13 | and secured within that 30 days a temporary restraining order | ||||||
14 | or a preliminary injunction, restraining the making of that | ||||||
15 | transfer and unless, in addition, within that 30 days, a copy | ||||||
16 | of the temporary restraining order or preliminary injunction | ||||||
17 | has been served upon the State Treasurer and also upon the | ||||||
18 | officer, board, commission, commissioner, department, | ||||||
19 | institute, arm, or agency to whom or to which the payment under | ||||||
20 | protest was made, in which case the payment and such other | ||||||
21 | payments as are subsequently made under notice of protest, as | ||||||
22 | provided in Section 2a.1, by the same person, the transfer of | ||||||
23 | which payments is restrained by such temporary restraining | ||||||
24 | order or preliminary injunction, are to be held in the protest | ||||||
25 | fund until the final order or judgment of the court. The |
| |||||||
| |||||||
1 | judicial remedy herein provided, however, relates only to | ||||||
2 | questions which must be decided by the court in determining | ||||||
3 | the proper disposition of the moneys paid under protest. Any | ||||||
4 | authorized payment from the protest fund shall bear simple | ||||||
5 | interest at a rate equal to the average of the weekly rates at | ||||||
6 | issuance on 13-week U.S. Treasury Bills from the date of | ||||||
7 | deposit into the protest fund to the date of disbursement from | ||||||
8 | the protest fund. In cases involving temporary restraining | ||||||
9 | orders or preliminary injunctions entered March 10, 1982, or | ||||||
10 | thereafter, pursuant to this Section, when the party paying | ||||||
11 | under protest fails in the protest action the State Treasurer | ||||||
12 | shall determine if any moneys paid under protest were paid as a | ||||||
13 | result of assessments under the following provisions: the | ||||||
14 | Municipal Retailers' Occupation Tax Act, the Municipal Service | ||||||
15 | Occupation Tax Act, the Municipal Use Tax Act, the Municipal | ||||||
16 | Automobile Renting Occupation Tax Act, the Municipal | ||||||
17 | Automobile Renting Use Tax Act, Section 8-11-9 of the Illinois | ||||||
18 | Municipal Code, the Tourism, Conventions and Other Special | ||||||
19 | Events Promotion Act of 1967, the County Automobile Renting | ||||||
20 | Occupation Tax Act, the County Automobile Renting Use Tax Act, | ||||||
21 | Section 5-1034 of the Counties Code, Section 5.01 of the Local | ||||||
22 | Mass Transit District Act, the Downstate Public Transportation | ||||||
23 | Act, Section 6.02 4.03 of the Metropolitan Mobility Regional | ||||||
24 | Transportation Authority Act, subsections (c) and (d) of | ||||||
25 | Section 201 of the Illinois Income Tax Act, Section 2a.1 of the | ||||||
26 | Messages Tax Act, Section 2a.1 of the Gas Revenue Tax Act, |
| |||||||
| |||||||
1 | Section 2a.1 of the Public Utilities Revenue Act, and the | ||||||
2 | Water Company Invested Capital Tax Act. Any such moneys paid | ||||||
3 | under protest shall bear simple interest at a rate equal to the | ||||||
4 | average of the weekly rates at issuance on 13-week U.S. | ||||||
5 | Treasury Bills from the date of deposit into the protest fund | ||||||
6 | to the date of disbursement from the protest fund. | ||||||
7 | It is unlawful for the Clerk of a court, a bank or any | ||||||
8 | person other than the State Treasurer to be appointed as | ||||||
9 | trustee with respect to any purported payment under protest, | ||||||
10 | or otherwise to be authorized by a court to hold any purported | ||||||
11 | payment under protest, during the pendency of the litigation | ||||||
12 | involving such purported payment under protest, it being the | ||||||
13 | expressed intention of the General Assembly that no one is to | ||||||
14 | act as custodian of any such purported payment under protest | ||||||
15 | except the State Treasurer. | ||||||
16 | No payment under protest within the meaning of this Act | ||||||
17 | has been made unless paid to an officer, board, commission, | ||||||
18 | commissioner, department, institute, arm or agency brought | ||||||
19 | within this Act by Section 1 and unless made in the form | ||||||
20 | specified by Section 2a.1. No payment into court or to a | ||||||
21 | circuit clerk or other court-appointed trustee is a payment | ||||||
22 | under protest within the meaning of this Act. | ||||||
23 | (Source: P.A. 87-950.) | ||||||
24 | Section 8.16. The Downstate Public Transportation Act is | ||||||
25 | amended by changing Sections 2-2.02, 3-1.02, and 4-1.7 as |
| |||||||
| |||||||
1 | follows: | ||||||
2 | (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02) | ||||||
3 | Sec. 2-2.02. "Participant" means: | ||||||
4 | (1) a city, village, or incorporated town, a county, or a | ||||||
5 | local mass transit district organized under the Local Mass | ||||||
6 | Transit District Act (a) serving an urbanized area of over | ||||||
7 | 50,000 population or (b) serving a nonurbanized area; or | ||||||
8 | (2) any Metro-East Transit District established pursuant | ||||||
9 | to Section 3 of the Local Mass Transit District Act and serving | ||||||
10 | one or more of the Counties of Madison, Monroe, and St. Clair | ||||||
11 | during Fiscal Year 1989, all located outside the boundaries of | ||||||
12 | the Metropolitan Mobility Regional Transportation Authority as | ||||||
13 | established pursuant to the Metropolitan Mobility Regional | ||||||
14 | Transportation Authority Act. | ||||||
15 | (Source: P.A. 94-70, eff. 6-22-05.) | ||||||
16 | (30 ILCS 740/3-1.02) (from Ch. 111 2/3, par. 683) | ||||||
17 | Sec. 3-1.02. "Participant" means any county located | ||||||
18 | outside the boundaries of the Metropolitan Mobility Regional | ||||||
19 | Transportation Authority as established under the Metropolitan | ||||||
20 | Mobility Regional Transportation Authority Act and outside the | ||||||
21 | Bi-State Metropolitan Development District established under | ||||||
22 | an Act approved July 26, 1949, except that beginning, July 1, | ||||||
23 | 1987 the counties within the boundaries of the Bi-State | ||||||
24 | Metropolitan Development District may be eligible for capital |
| |||||||
| |||||||
1 | assistance only, or within such county any municipality with | ||||||
2 | 20,000 or more population that is not included in an urbanized | ||||||
3 | area or the boundaries of a local mass transit district; or | ||||||
4 | within such county any municipality with 20,000 or less | ||||||
5 | population receiving State mass transportation operating | ||||||
6 | assistance under the Downstate Public Transportation Act | ||||||
7 | during Fiscal Year 1979; or within such county or counties a | ||||||
8 | local mass transit district organized under the Local local | ||||||
9 | Mass Transit District Act which is not included in an | ||||||
10 | urbanized area or the boundaries of a local mass transit | ||||||
11 | district which includes an urbanized area; provided, however, | ||||||
12 | that no such entity shall be eligible to participate unless it | ||||||
13 | agrees to adhere to the regulations and requirements of the | ||||||
14 | Secretary of Transportation of the federal Department of | ||||||
15 | Transportation affecting Section 18 assistance or any other | ||||||
16 | conditions as deemed reasonable and necessary by the Illinois | ||||||
17 | Department of Transportation. | ||||||
18 | (Source: P.A. 87-1235.) | ||||||
19 | (30 ILCS 740/4-1.7) (from Ch. 111 2/3, par. 699.7) | ||||||
20 | Sec. 4-1.7. "Participant" means (1) a city, village or | ||||||
21 | incorporated town, or a local mass transit district organized | ||||||
22 | under the Local Mass Transit District Act, that is named as a | ||||||
23 | designated recipient by the Governor, or is eligible to | ||||||
24 | receive federal UMTA Section 9 funds, or (2) the recipient | ||||||
25 | designated by the Governor within the Bi-State Metropolitan |
| |||||||
| |||||||
1 | Development District; provided that such entity is all located | ||||||
2 | outside the boundaries of the Metropolitan Mobility Regional | ||||||
3 | Transportation Authority as established pursuant to the | ||||||
4 | Metropolitan Mobility Regional Transportation Authority Act , | ||||||
5 | as amended, and has formally requested to participate in the | ||||||
6 | program defined in this Article. However, no such entity shall | ||||||
7 | be eligible to participate unless it agrees to adhere to the | ||||||
8 | regulations and requirements of the Secretary of | ||||||
9 | Transportation of the federal Department of Transportation | ||||||
10 | affecting UMTA Section 9 assistance or any other conditions | ||||||
11 | that are deemed reasonable and necessary by the Illinois | ||||||
12 | Department of Transportation. | ||||||
13 | (Source: P.A. 86-16.) | ||||||
14 | Section 8.17. The State Mandates Act is amended by | ||||||
15 | changing 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 | ||||||
19 | reimbursement by the State is required for the implementation | ||||||
20 | of any mandate created by Public Act 103-2, 103-110, 103-409, | ||||||
21 | 103-455, 103-529, 103-552, 103-553, 103-579, or 103-582. | ||||||
22 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
23 | reimbursement by the State is required for the implementation | ||||||
24 | of any mandate created by the Decennial Committees on Local |
| |||||||
| |||||||
1 | Government Efficiency Act. | ||||||
2 | (c) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
3 | reimbursement by the State is required for the implementation | ||||||
4 | of the mandate created by Section 2.10a of the Regional | ||||||
5 | Transportation Authority Act (now Section 4.25 of the | ||||||
6 | Metropolitan Mobility Authority Act) in Public Act 103-281. | ||||||
7 | (Source: P.A. 102-1136, eff. 2-10-23; 103-2, eff. 5-10-23; | ||||||
8 | 103-110, eff. 6-29-23; 103-281, eff. 1-1-24; 103-409, eff. | ||||||
9 | 1-1-24; 103-455, eff. 1-1-24; 103-529, eff. 8-11-23; 103-552, | ||||||
10 | eff. 8-11-23; 103-553, eff. 8-11-23; 103-579, eff. 12-8-23; | ||||||
11 | 103-582, eff. 12-8-23; 103-605, eff. 7-1-24.) | ||||||
12 | Section 8.18. The Use Tax Act is amended by changing | ||||||
13 | Sections 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 | ||||||
16 | amounts added to prices by sellers on account of the seller's | ||||||
17 | duty to collect any tax imposed under the Metropolitan | ||||||
18 | Mobility "Regional Transportation Authority Act ", enacted by | ||||||
19 | the 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 | ||||||
23 | issue a credit or refund under this Act, the Department may |
| |||||||
| |||||||
1 | first apply the amount thereof against any amount of tax or | ||||||
2 | penalty or interest due hereunder, or under the Retailers' | ||||||
3 | Occupation Tax Act, the Service Occupation Tax Act, the | ||||||
4 | Service Use Tax Act, any local occupation or use tax | ||||||
5 | administered by the Department, Section 4 of the Water | ||||||
6 | Commission Act of 1985, subsections (b), (c) and (d) of | ||||||
7 | Section 5.01 of the Local Mass Transit District Act, or | ||||||
8 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
9 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
10 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
11 | from the person entitled to such credit or refund. For this | ||||||
12 | purpose, if proceedings are pending to determine whether or | ||||||
13 | not any tax or penalty or interest is due under this Act or | ||||||
14 | under the Retailers' Occupation Tax Act, the Service | ||||||
15 | Occupation Tax Act, the Service Use Tax Act, any local | ||||||
16 | occupation or use tax administered by the Department, Section | ||||||
17 | 4 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 | ||||||
19 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
20 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
21 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
22 | from such person, the Department may withhold issuance of the | ||||||
23 | credit or refund pending the final disposition of such | ||||||
24 | proceedings and may apply such credit or refund against any | ||||||
25 | amount found to be due to the Department as a result of such | ||||||
26 | proceedings. The balance, if any, of the credit or refund |
| |||||||
| |||||||
1 | shall be issued to the person entitled thereto. | ||||||
2 | Any credit memorandum issued hereunder may be used by the | ||||||
3 | authorized holder thereof to pay any tax or penalty or | ||||||
4 | interest due or to become due under this Act or under the | ||||||
5 | Retailers' Occupation Tax Act, the Service Occupation Tax Act, | ||||||
6 | the Service Use Tax Act, any local occupation or use tax | ||||||
7 | administered by the Department, Section 4 of the Water | ||||||
8 | Commission Act of 1985, subsections (b), (c) and (d) of | ||||||
9 | Section 5.01 of the Local Mass Transit District Act, or | ||||||
10 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
11 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
12 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
13 | from such holder. Subject to reasonable rules of the | ||||||
14 | Department, a credit memorandum issued hereunder may be | ||||||
15 | assigned by the holder thereof to any other person for use in | ||||||
16 | paying tax or penalty or interest which may be due or become | ||||||
17 | due under this Act or under the Retailers' Occupation Tax Act, | ||||||
18 | the Service Occupation Tax Act or the Service Use Tax Act, from | ||||||
19 | the assignee. | ||||||
20 | In any case in which there has been an erroneous refund of | ||||||
21 | tax payable under this Act, a notice of tax liability may be | ||||||
22 | issued at any time within 3 years from the making of that | ||||||
23 | refund, or within 5 years from the making of that refund if it | ||||||
24 | appears that any part of the refund was induced by fraud or the | ||||||
25 | misrepresentation of a material fact. The amount of any | ||||||
26 | proposed assessment set forth in the notice shall be limited |
| |||||||
| |||||||
1 | to 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 | ||||||
4 | changing 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 | ||||||
7 | issue a credit or refund hereunder, the Department may first | ||||||
8 | apply the amount thereof against any amount of tax or penalty | ||||||
9 | or interest due hereunder, or under the Service Occupation Tax | ||||||
10 | Act, the Retailers' Occupation Tax Act, the Use Tax Act, any | ||||||
11 | local occupation or use tax administered by the Department, | ||||||
12 | Section 4 of the Water Commission Act of 1985, subsections | ||||||
13 | (b), (c) and (d) of Section 5.01 of the Local Mass Transit | ||||||
14 | District Act, or subsections (e), (m), and (r) of Section 6.02 | ||||||
15 | of the Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
16 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
17 | from the person entitled to such credit or refund. For this | ||||||
18 | purpose, if proceedings are pending to determine whether or | ||||||
19 | not any tax or penalty or interest is due hereunder, or under | ||||||
20 | the Service Occupation Tax Act, the Retailers' Occupation Tax | ||||||
21 | Act, the Use Tax Act, any local occupation or use tax | ||||||
22 | administered by the Department, Section 4 of the Water | ||||||
23 | Commission Act of 1985, subsections (b), (c) and (d) of | ||||||
24 | Section 5.01 of the Local Mass Transit District Act, or |
| |||||||
| |||||||
1 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
2 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
3 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
4 | from such person, the Department may withhold issuance of the | ||||||
5 | credit or refund pending the final disposition of such | ||||||
6 | proceedings and may apply such credit or refund against any | ||||||
7 | amount found to be due to the Department as a result of such | ||||||
8 | proceedings. The balance, if any, of the credit or refund | ||||||
9 | shall be issued to the person entitled thereto. | ||||||
10 | Any credit memorandum issued hereunder may be used by the | ||||||
11 | authorized holder thereof to pay any tax or penalty or | ||||||
12 | interest due or to become due under this Act, the Service | ||||||
13 | Occupation Tax Act, the Retailers' Occupation Tax Act, the Use | ||||||
14 | Tax Act, any local occupation or use tax administered by the | ||||||
15 | Department, Section 4 of the Water Commission Act of 1985, | ||||||
16 | subsections (b), (c) and (d) of Section 5.01 of the Local Mass | ||||||
17 | Transit District Act, or subsections (e), (m), and (r) of | ||||||
18 | Section 6.02 of the Metropolitan Mobility Authority Act (e), | ||||||
19 | (f) and (g) of Section 4.03 of the Regional Transportation | ||||||
20 | Authority Act , from such holder. Subject to reasonable rules | ||||||
21 | of the Department, a credit memorandum issued hereunder may be | ||||||
22 | assigned by the holder thereof to any other person for use in | ||||||
23 | paying tax or penalty or interest which may be due or become | ||||||
24 | due under this Act, the Service Occupation Tax Act, the | ||||||
25 | Retailers' Occupation Tax Act, the Use Tax Act, any local | ||||||
26 | occupation or use tax administered by the Department, Section |
| |||||||
| |||||||
1 | 4 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 | ||||||
3 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
4 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
5 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
6 | from the assignee. | ||||||
7 | In any case which there has been an erroneous refund of tax | ||||||
8 | payable under this Act, a notice of tax liability may be issued | ||||||
9 | at any time within 3 years from the making of that refund, or | ||||||
10 | within 5 years from the making of that refund if it appears | ||||||
11 | that any part of the refund was induced by fraud or the | ||||||
12 | misrepresentation of a material fact. The amount of any | ||||||
13 | proposed assessment set forth in the notice shall be limited | ||||||
14 | to 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 | ||||||
17 | changing 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 | ||||||
20 | issue a credit or refund hereunder, the Department may first | ||||||
21 | apply the amount thereof against any amount of tax or penalty | ||||||
22 | or interest due hereunder, or under the Service Use Tax Act, | ||||||
23 | the Retailers' Occupation Tax Act, the Use Tax Act, any local | ||||||
24 | occupation or use tax administered by the Department, Section |
| |||||||
| |||||||
1 | 4 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 | ||||||
3 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
4 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
5 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
6 | from the person entitled to such credit or refund. For this | ||||||
7 | purpose, if proceedings are pending to determine whether or | ||||||
8 | not any tax or penalty or interest is due hereunder, or under | ||||||
9 | the Service Use Tax Act, the Retailers' Occupation Tax Act, | ||||||
10 | the Use Tax Act, any local occupation or use tax administered | ||||||
11 | by the Department, Section 4 of the Water Commission Act of | ||||||
12 | 1985, subsections (b), (c) and (d) of Section 5.01 of the Local | ||||||
13 | Mass Transit District Act, or subsections (e), (m), and (r) of | ||||||
14 | Section 6.02 of the Metropolitan Mobility Authority Act (e), | ||||||
15 | (f) and (g) of Section 4.03 of the Regional Transportation | ||||||
16 | Authority Act , from such person, the Department may withhold | ||||||
17 | issuance of the credit or refund pending the final disposition | ||||||
18 | of such proceedings and may apply such credit or refund | ||||||
19 | against any amount found to be due to the Department as a | ||||||
20 | result of such proceedings. The balance, if any, of the credit | ||||||
21 | or refund shall be issued to the person entitled thereto. | ||||||
22 | Any credit memorandum issued hereunder may be used by the | ||||||
23 | authorized holder thereof to pay any tax or penalty or | ||||||
24 | interest due or to become due under this Act, or under the | ||||||
25 | Service Use Tax Act, the Retailers' Occupation Tax Act, the | ||||||
26 | Use Tax Act, any local occupation or use tax administered by |
| |||||||
| |||||||
1 | the Department, Section 4 of the Water Commission Act of 1985, | ||||||
2 | subsections (b), (c) and (d) of Section 5.01 of the Local Mass | ||||||
3 | Transit District Act, or subsections (e), (m), and (r) of | ||||||
4 | Section 6.02 of the Metropolitan Mobility Authority Act (e), | ||||||
5 | (f) and (g) of Section 4.03 of the Regional Transportation | ||||||
6 | Authority Act , from such holder. Subject to reasonable rules | ||||||
7 | of the Department, a credit memorandum issued hereunder may be | ||||||
8 | assigned by the holder thereof to any other person for use in | ||||||
9 | paying tax or penalty or interest which may be due or become | ||||||
10 | due under this Act, the Service Use Tax Act, the Retailers' | ||||||
11 | Occupation Tax Act, the Use Tax Act, any local occupation or | ||||||
12 | use tax administered by the Department, Section 4 of the Water | ||||||
13 | Commission Act of 1985, subsections (b), (c) and (d) of | ||||||
14 | Section 5.01 of the Local Mass Transit District Act, or | ||||||
15 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
16 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
17 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
18 | from the assignee. | ||||||
19 | In any case in which there has been an erroneous refund of | ||||||
20 | tax payable under this Act, a notice of tax liability may be | ||||||
21 | issued at any time within 3 years from the making of that | ||||||
22 | refund, or within 5 years from the making of that refund if it | ||||||
23 | appears that any part of the refund was induced by fraud or the | ||||||
24 | misrepresentation of a material fact. The amount of any | ||||||
25 | proposed assessment set forth in the notice shall be limited | ||||||
26 | to the amount of the erroneous refund. |
| |||||||
| |||||||
1 | (Source: P.A. 91-901, eff. 1-1-01.) | ||||||
2 | Section 8.21. The Retailers' Occupation Tax Act is amended | ||||||
3 | by 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 | ||||||
6 | claim therefor filed with the Department, that an amount of | ||||||
7 | tax or penalty or interest has been paid which was not due | ||||||
8 | under this Act, whether as the result of a mistake of fact or | ||||||
9 | an error of law, except as hereinafter provided, then the | ||||||
10 | Department shall issue a credit memorandum or refund to the | ||||||
11 | person who made the erroneous payment or, if that person died | ||||||
12 | or became a person under legal disability, to his or her legal | ||||||
13 | representative, as such. For purposes of this Section, the tax | ||||||
14 | is deemed to be erroneously paid by a retailer when the | ||||||
15 | manufacturer of a motor vehicle sold by the retailer accepts | ||||||
16 | the return of that automobile and refunds to the purchaser the | ||||||
17 | selling price of that vehicle as provided in the New Vehicle | ||||||
18 | Buyer Protection Act. When a motor vehicle is returned for a | ||||||
19 | refund of the purchase price under the New Vehicle Buyer | ||||||
20 | Protection Act, the Department shall issue a credit memorandum | ||||||
21 | or a refund for the amount of tax paid by the retailer under | ||||||
22 | this Act attributable to the initial sale of that vehicle. | ||||||
23 | Claims submitted by the retailer are subject to the same | ||||||
24 | restrictions and procedures provided for in this Act. If it is |
| |||||||
| |||||||
1 | determined that the Department should issue a credit | ||||||
2 | memorandum or refund, the Department may first apply the | ||||||
3 | amount thereof against any tax or penalty or interest due or to | ||||||
4 | become due under this Act or under the Use Tax Act, the Service | ||||||
5 | Occupation Tax Act, the Service Use Tax Act, any local | ||||||
6 | occupation or use tax administered by the Department, Section | ||||||
7 | 4 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 | ||||||
9 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
10 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
11 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
12 | from the person who made the erroneous payment. If no tax or | ||||||
13 | penalty or interest is due and no proceeding is pending to | ||||||
14 | determine whether such person is indebted to the Department | ||||||
15 | for tax or penalty or interest, the credit memorandum or | ||||||
16 | refund shall be issued to the claimant; or (in the case of a | ||||||
17 | credit memorandum) the credit memorandum may be assigned and | ||||||
18 | set over by the lawful holder thereof, subject to reasonable | ||||||
19 | rules of the Department, to any other person who is subject to | ||||||
20 | this Act, the Use Tax Act, the Service Occupation Tax Act, the | ||||||
21 | Service Use Tax Act, any local occupation or use tax | ||||||
22 | administered by the Department, Section 4 of the Water | ||||||
23 | Commission Act of 1985, subsections (b), (c) and (d) of | ||||||
24 | Section 5.01 of the Local Mass Transit District Act, or | ||||||
25 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
26 | Metropolitan Mobility Authority Act (e), (f) and (g) of |
| |||||||
| |||||||
1 | Section 4.03 of the Regional Transportation Authority Act , and | ||||||
2 | the amount thereof applied by the Department against any tax | ||||||
3 | or penalty or interest due or to become due under this Act or | ||||||
4 | under the Use Tax Act, the Service Occupation Tax Act, the | ||||||
5 | Service Use Tax Act, any local occupation or use tax | ||||||
6 | administered by the Department, Section 4 of the Water | ||||||
7 | Commission Act of 1985, subsections (b), (c) and (d) of | ||||||
8 | Section 5.01 of the Local Mass Transit District Act, or | ||||||
9 | subsections (e), (m), and (r) of Section 6.02 of the | ||||||
10 | Metropolitan Mobility Authority Act (e), (f) and (g) of | ||||||
11 | Section 4.03 of the Regional Transportation Authority Act , | ||||||
12 | from such assignee. However, as to any claim for credit or | ||||||
13 | refund filed with the Department on and after each January 1 | ||||||
14 | and July 1 no amount of tax or penalty or interest erroneously | ||||||
15 | paid (either in total or partial liquidation of a tax or | ||||||
16 | penalty or amount of interest under this Act) more than 3 years | ||||||
17 | prior to such January 1 and July 1, respectively, shall be | ||||||
18 | credited or refunded, except that if both the Department and | ||||||
19 | the taxpayer have agreed to an extension of time to issue a | ||||||
20 | notice of tax liability as provided in Section 4 of this Act, | ||||||
21 | such claim may be filed at any time prior to the expiration of | ||||||
22 | the period agreed upon. Notwithstanding any other provision of | ||||||
23 | this Act to the contrary, for any period included in a claim | ||||||
24 | for credit or refund for which the statute of limitations for | ||||||
25 | issuing a notice of tax liability under this Act will expire | ||||||
26 | less than 6 months after the date a taxpayer files the claim |
| |||||||
| |||||||
1 | for credit or refund, the statute of limitations is | ||||||
2 | automatically extended for 6 months from the date it would | ||||||
3 | have otherwise expired. | ||||||
4 | No claim may be allowed for any amount paid to the | ||||||
5 | Department, whether paid voluntarily or involuntarily, if paid | ||||||
6 | in total or partial liquidation of an assessment which had | ||||||
7 | become final before the claim for credit or refund to recover | ||||||
8 | the amount so paid is filed with the Department, or if paid in | ||||||
9 | total or partial liquidation of a judgment or order of court. | ||||||
10 | No credit may be allowed or refund made for any amount paid by | ||||||
11 | or collected from any claimant unless it appears (a) that the | ||||||
12 | claimant bore the burden of such amount and has not been | ||||||
13 | relieved thereof nor reimbursed therefor and has not shifted | ||||||
14 | such burden directly or indirectly through inclusion of such | ||||||
15 | amount in the price of the tangible personal property sold by | ||||||
16 | him or her or in any manner whatsoever; and that no | ||||||
17 | understanding or agreement, written or oral, exists whereby he | ||||||
18 | or she or his or her legal representative may be relieved of | ||||||
19 | the burden of such amount, be reimbursed therefor or may shift | ||||||
20 | the burden thereof; or (b) that he or she or his or her legal | ||||||
21 | representative has repaid unconditionally such amount to his | ||||||
22 | or her vendee (1) who bore the burden thereof and has not | ||||||
23 | shifted such burden directly or indirectly, in any manner | ||||||
24 | whatsoever; (2) who, if he or she has shifted such burden, has | ||||||
25 | repaid unconditionally such amount to his own vendee; and (3) | ||||||
26 | who is not entitled to receive any reimbursement therefor from |
| |||||||
| |||||||
1 | any other source than from his or her vendor, nor to be | ||||||
2 | relieved of such burden in any manner whatsoever. No credit | ||||||
3 | may be allowed or refund made for any amount paid by or | ||||||
4 | collected from any claimant unless it appears that the | ||||||
5 | claimant has unconditionally repaid, to the purchaser, any | ||||||
6 | amount collected from the purchaser and retained by the | ||||||
7 | claimant with respect to the same transaction under the Use | ||||||
8 | Tax Act. | ||||||
9 | Any credit or refund that is allowed under this Section | ||||||
10 | shall bear interest at the rate and in the manner specified in | ||||||
11 | the Uniform Penalty and Interest Act. | ||||||
12 | In case the Department determines that the claimant is | ||||||
13 | entitled to a refund, such refund shall be made only from the | ||||||
14 | Aviation Fuel Sales Tax Refund Fund or from such appropriation | ||||||
15 | as may be available for that purpose, as appropriate. If it | ||||||
16 | appears unlikely that the amount available would permit | ||||||
17 | everyone having a claim allowed during the period covered by | ||||||
18 | such appropriation or from the Aviation Fuel Sales Tax Refund | ||||||
19 | Fund, as appropriate, to elect to receive a cash refund, the | ||||||
20 | Department, by rule or regulation, shall provide for the | ||||||
21 | payment of refunds in hardship cases and shall define what | ||||||
22 | types of cases qualify as hardship cases. | ||||||
23 | If a retailer who has failed to pay retailers' occupation | ||||||
24 | tax on gross receipts from retail sales is required by the | ||||||
25 | Department to pay such tax, such retailer, without filing any | ||||||
26 | formal claim with the Department, shall be allowed to take |
| |||||||
| |||||||
1 | credit against such retailers' occupation tax liability to the | ||||||
2 | extent, if any, to which such retailer has paid an amount | ||||||
3 | equivalent to retailers' occupation tax or has paid use tax in | ||||||
4 | error to his or her vendor or vendors of the same tangible | ||||||
5 | personal property which such retailer bought for resale and | ||||||
6 | did not first use before selling it, and no penalty or interest | ||||||
7 | shall be charged to such retailer on the amount of such credit. | ||||||
8 | However, when such credit is allowed to the retailer by the | ||||||
9 | Department, the vendor is precluded from refunding any of that | ||||||
10 | tax to the retailer and filing a claim for credit or refund | ||||||
11 | with respect thereto with the Department. The provisions of | ||||||
12 | this amendatory Act shall be applied retroactively, regardless | ||||||
13 | of 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 | ||||||
16 | is 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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | any problems relating to taxation that may result from | ||||||
8 | challenges to the constitutional validity of Public Act | ||||||
9 | 85-1135, by (1) re-enacting provisions from Public Act 85-1135 | ||||||
10 | and (2) validating all actions taken in reliance on those | ||||||
11 | provisions from Public Act 85-1135. | ||||||
12 | (c) Because Public Act 86-962, effective January 1, 1990, | ||||||
13 | renumbered Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of | ||||||
14 | the Counties Code, this Act contains those provisions as | ||||||
15 | renumbered under Sections 5-1006, 5-1007, 5-1008, 5-1009, and | ||||||
16 | 5-1024 of the Counties Code. Because Public Act 86-1475, | ||||||
17 | effective January 10, 1991, resectioned Section 3 of the Use | ||||||
18 | Tax Act, Section 3 of the Service Use Tax Act, Section 3 of the | ||||||
19 | Service Occupation Tax Act, and Section 2 of the Retailers' | ||||||
20 | Occupation Tax Act, this Act contains those provisions as | ||||||
21 | resectioned under Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25, | ||||||
22 | 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75, | ||||||
23 | and 3-80 of the Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20, | ||||||
24 | 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, and 3-65 of the | ||||||
25 | Service Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25, | ||||||
26 | 3-30, 3-35, 3-40, 3-45, and 3-50 of the Service Occupation Tax |
| |||||||
| |||||||
1 | Act; and Sections 2, 2-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35, | ||||||
2 | 2-40, 2-45, 2-50, 2-55, 2-60, 2-65 of the Retailers' | ||||||
3 | Occupation Tax Act. Because Public Act 85-1440, effective | ||||||
4 | February 1, 1989, renumbered Section 6z-16 of the State | ||||||
5 | Finance Act and Section .01 of the State Revenue Sharing Act, | ||||||
6 | this Act contains those provisions as renumbered under Section | ||||||
7 | 6z-18 of the State Finance Act and Section 0.1 of the State | ||||||
8 | Revenue Sharing Act. Sections 10b of the Use Tax Act, 10b of | ||||||
9 | the Service Use Tax Act, 20.1 of the Service Occupation Tax | ||||||
10 | Act, and 6d of the Retailers' Occupation Tax Act have been | ||||||
11 | omitted from this Act because they were repealed by Public Act | ||||||
12 | 87-1258, effective January 7, 1993. | ||||||
13 | (d) This Act re-enacts Section 1 of Article I of Public Act | ||||||
14 | 85-1135; Sections 8-11-1, 8-11-1.1, 8-11-1.2, 8-11-1.3, | ||||||
15 | 8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16, and 11-74.4-8a of | ||||||
16 | the Illinois Municipal Code; Sections 5-1006, 5-1007, 5-1008, | ||||||
17 | 5-1009, and 5-1024 of the Counties Code; Section 4 of the Water | ||||||
18 | Commission Act of 1985; Section 5.01 of the Local Mass Transit | ||||||
19 | District Act; Sections 5.12, 6.02, 6.05, and 6.08 of the | ||||||
20 | Metropolitan Mobility Authority Act Sections 4.01, 4.03, 4.04, | ||||||
21 | and 4.09 of the Regional Transportation Authority Act ; | ||||||
22 | Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40, | ||||||
23 | 3-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75, 3-80, 9, and 10b of | ||||||
24 | the Use Tax Act; Sections 2, 3, 3-5, 3-10, 3-15, 3-20, 3-25, | ||||||
25 | 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3d, 7a, 9, 10, | ||||||
26 | 10b, and 15 of the Service Use Tax Act; Sections 2, 3, 3-5, |
| |||||||
| |||||||
1 | 3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 9, 13, | ||||||
2 | 15, and 20.1 of the Service Occupation Tax Act; Sections 2, | ||||||
3 | 2-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35, 2-40, 2-45, 2-50, | ||||||
4 | 2-55, 2-60, 2-65, 3, 5k, and 6d of the Retailers' Occupation | ||||||
5 | Tax Act; Sections 5.240, 5.241, 6z-9, 6z-17, and 6z-18 of the | ||||||
6 | State Finance Act; Sections 0.1 and 2 of the State Revenue | ||||||
7 | Sharing Act; and Sections 1 and 2 of Article V of Public Act | ||||||
8 | 85-1135 as they have been amended. It also re-repeals Sections | ||||||
9 | 25.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a, 25.05-10, | ||||||
10 | 25.05-10a, and 25.05-10.1 of "An Act to revise the law in | ||||||
11 | relation to counties" and Sections 10 and 14 of the Service | ||||||
12 | Occupation Tax Act. This re-enactment and re-repeal is | ||||||
13 | intended to remove any questions as to the validity or content | ||||||
14 | of those Sections; it is not intended to supersede any other | ||||||
15 | Public Act that amends the text of a Section as set forth in | ||||||
16 | this Act. The re-enacted material in this Act is shown as | ||||||
17 | existing text (i.e., without underscoring) because, as of the | ||||||
18 | time this Act was prepared, the order declaring P.A. 85-1135 | ||||||
19 | invalid 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 | ||||||
22 | re-enacted by this Act. | ||||||
23 | (f) The re-enactment or re-repeal of Sections of Public | ||||||
24 | Act 85-1135 by this Act is not intended, and shall not be | ||||||
25 | construed, to imply that Public Act 85-1135 is invalid or to | ||||||
26 | limit or impair any legal argument (1) upholding the validity |
| |||||||
| |||||||
1 | of Public Act 85-1135 or (2) concerning whether the provisions | ||||||
2 | of Public Act 85-1135 were substantially re-enacted by other | ||||||
3 | Public Acts. | ||||||
4 | (g) All otherwise lawful actions taken in reasonable | ||||||
5 | reliance on or pursuant to the Sections re-enacted by this | ||||||
6 | Act, as set forth in Public Act 85-1135 or subsequently | ||||||
7 | amended, by any officer, employee, agency, or unit of State or | ||||||
8 | local government or by any other person or entity, are hereby | ||||||
9 | validated. | ||||||
10 | With respect to actions taken in relation to matters | ||||||
11 | arising under the Sections re-enacted by this Act, as set | ||||||
12 | forth in Public Act 85-1135 or subsequently amended, a person | ||||||
13 | is rebuttably presumed to have acted in reasonable reliance on | ||||||
14 | and pursuant to the provisions of Public Act 85-1135, as those | ||||||
15 | provisions had been amended at the time the action was taken. | ||||||
16 | (h) With respect to its administration of matters arising | ||||||
17 | under the Sections re-enacted by this Act, the Department of | ||||||
18 | Revenue shall continue to apply the provisions of Public Act | ||||||
19 | 85-1135, as those provisions had been amended at the relevant | ||||||
20 | time. | ||||||
21 | (i) This Act applies, without limitation, to proceedings | ||||||
22 | pending 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 | ||||||
25 | Administration Act is amended by changing Section 2 as |
| |||||||
| |||||||
1 | follows: | ||||||
2 | (35 ILCS 171/2) | ||||||
3 | Sec. 2. Definitions. As used in this Act: | ||||||
4 | (a) "Agreement" means the Streamlined Sales and Use Tax | ||||||
5 | Agreement as amended and adopted on January 27, 2001. | ||||||
6 | (b) "Certified Automated System" means software certified | ||||||
7 | jointly by the states that are signatories to the Agreement to | ||||||
8 | calculate the tax imposed by each jurisdiction on a | ||||||
9 | transaction, determine the amount of tax to remit to the | ||||||
10 | appropriate state, and maintain a record of the transaction. | ||||||
11 | (c) "Certified Service Provider" means an agent certified | ||||||
12 | jointly by the states that are signatories to the Agreement to | ||||||
13 | perform all of the seller's sales tax functions. | ||||||
14 | (d) "Person" means an individual, trust, estate, | ||||||
15 | fiduciary, partnership, limited liability company, limited | ||||||
16 | liability partnership, corporation, or any other legal entity. | ||||||
17 | (e) "Sales Tax" means the tax levied under the Service | ||||||
18 | Occupation Tax Act (35 ILCS 115/) and the Retailers' | ||||||
19 | Occupation Tax Act (35 ILCS 120/). "Sales tax" also means any | ||||||
20 | local sales tax levied under the Home Rule Municipal | ||||||
21 | Retailers' Occupation Tax Act (65 ILCS 5/8-11-1), the Non-Home | ||||||
22 | Rule Municipal Retailers' Occupation Tax Act (65 ILCS | ||||||
23 | 5/8-11-1.3), the Non-Home Rule Municipal Service Occupation | ||||||
24 | Tax Act (65 ILCS 5/8-11-1.4), the Home Rule Municipal Service | ||||||
25 | Occupation Tax (65 ILCS 5/8-11-5), the Home Rule County |
| |||||||
| |||||||
1 | Retailers' Occupation Tax Law (55 ILCS 5/5-1006), the Special | ||||||
2 | County Occupation Tax for Public Safety, Public Facilities, | ||||||
3 | Mental Health, Substance Abuse, or Transportation Law (55 ILCS | ||||||
4 | 5/5-1006.5), the Home Rule County Service Occupation Tax Law | ||||||
5 | (55 ILCS 5/5-1007), subsection (b) of the Rock Island County | ||||||
6 | Use and Occupation Tax Law (55 ILCS 5/5-1008.5(b)), the Metro | ||||||
7 | East Mass Transit District Retailers' Occupation Tax (70 ILCS | ||||||
8 | 3610/5.01(b)), the Metro East Mass Transit District Service | ||||||
9 | Occupation Tax (70 ILCS 3610/5.01(c)), the Metropolitan | ||||||
10 | Mobility Regional Transportation Authority Retailers' | ||||||
11 | Occupation Tax ( subsection (e) of Section 6.02 of the | ||||||
12 | Metropolitan Mobility Authority Act) 70 ILCS 3615/4.03(e) ) , | ||||||
13 | the Metropolitan Mobility Regional Transportation Authority | ||||||
14 | Service Occupation Tax (70 ILCS 3615/4.03(f)) , the County | ||||||
15 | Water Commission Retailers' Occupation Tax (70 ILCS | ||||||
16 | 3720/4(b)), or the County Water Commission Service Occupation | ||||||
17 | Tax (70 ILCS 3720/4(c)). | ||||||
18 | (f) "Seller" means any person making sales of personal | ||||||
19 | property or services. | ||||||
20 | (g) "State" means any state of the United States and the | ||||||
21 | District 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 | ||||||
24 | tax" also means any local use tax levied under the Home Rule | ||||||
25 | Municipal Use Tax Act (65 ILCS 5/8-11-6(b)), provided that the | ||||||
26 | State and the municipality have entered into an agreement that |
| |||||||
| |||||||
1 | provides 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 | ||||||
4 | Section 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 | ||||||
8 | created for the sole purpose of owning and operating a | ||||||
9 | transportation system for public service is exempt. | ||||||
10 | (b) Property owned by (i) a municipal corporation of | ||||||
11 | 500,000 or more inhabitants, used for public transportation | ||||||
12 | purposes, and operated by the Metropolitan Mobility Chicago | ||||||
13 | Transit Authority; (ii) the Metropolitan Mobility Regional | ||||||
14 | Transportation Authority; (iii) (blank); or any service board | ||||||
15 | or division of the Regional Transportation Authority; (iv) the | ||||||
16 | Northeast Illinois Regional Commuter Railroad Corporation ; or | ||||||
17 | (v) the Chicago Transit Authority shall be exempt. For | ||||||
18 | purposes of this Section alone, the Metropolitan Mobility | ||||||
19 | Authority Regional Transportation Authority, any service board | ||||||
20 | or division of the Regional Transportation Authority , the | ||||||
21 | Northeast Illinois Regional Commuter Railroad Corporation, the | ||||||
22 | Chicago Transit Authority, or a municipal corporation, as | ||||||
23 | defined in item (i), shall be deemed an "eligible | ||||||
24 | transportation authority". The exemption provided in this |
| |||||||
| |||||||
1 | subsection shall not be affected by any transaction in which, | ||||||
2 | for the purpose of obtaining financing, the eligible | ||||||
3 | transportation authority, directly or indirectly, leases or | ||||||
4 | otherwise transfers such property to another whose property is | ||||||
5 | not exempt and immediately thereafter enters into a leaseback | ||||||
6 | or other agreement that directly or indirectly gives the | ||||||
7 | eligible transportation authority a right to use, control, and | ||||||
8 | possess the property. In the case of a conveyance of such | ||||||
9 | property, the eligible transportation authority must retain an | ||||||
10 | option to purchase the property at a future date or, within the | ||||||
11 | limitations period for reverters, the property must revert | ||||||
12 | back to the eligible transportation authority. | ||||||
13 | (c) If such property has been conveyed as described in | ||||||
14 | subsection (b), the property will no longer be exempt pursuant | ||||||
15 | to 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 | ||||||
26 | eligible transportation authority shall notify the chief |
| |||||||
| |||||||
1 | county assessment officer of any transaction under subsection | ||||||
2 | (b) of this Section. The chief county assessment officer shall | ||||||
3 | determine initial and continuing compliance with the | ||||||
4 | requirements of this Section for tax exemption. Failure to | ||||||
5 | notify the chief county assessment officer of a transaction | ||||||
6 | under this Section or to otherwise comply with the | ||||||
7 | requirements of Sections 15-15 and 15-20 of this Code shall, | ||||||
8 | in the discretion of the chief county assessment officer, | ||||||
9 | constitute cause to terminate the exemption, notwithstanding | ||||||
10 | any other provision of this Code. | ||||||
11 | (e) No provision of this Section shall be construed to | ||||||
12 | affect the obligation of the eligible transportation authority | ||||||
13 | to which an exemption certificate has been issued under this | ||||||
14 | Section from its obligation under Section 15-10 of this Code | ||||||
15 | to file an annual certificate of status or to notify the chief | ||||||
16 | county assessment officer of transfers of interest or other | ||||||
17 | changes in the status of the property as required by this Code. | ||||||
18 | (f) The changes made by this amendatory Act of 1997 are | ||||||
19 | declarative of existing law and shall not be construed as a new | ||||||
20 | enactment. | ||||||
21 | (Source: P.A. 90-562, eff. 12-16-97.) | ||||||
22 | Section 8.25. The Motor Fuel Tax Law is amended by | ||||||
23 | changing Section 8b as follows: | ||||||
24 | (35 ILCS 505/8b) |
| |||||||
| |||||||
1 | Sec. 8b. Transportation Renewal Fund; creation; | ||||||
2 | distribution of proceeds. | ||||||
3 | (a) The Transportation Renewal Fund is hereby created as a | ||||||
4 | special fund in the State treasury. Moneys in the Fund shall be | ||||||
5 | used 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
11 | amended 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 | ||||||
14 | postage stamps are exempt from license fees or any excise or | ||||||
15 | license tax levied by the State of Illinois or any county or | ||||||
16 | municipality or other taxing district thereof, but are not | ||||||
17 | exempt from State, county, municipal, or Metropolitan Mobility | ||||||
18 | Regional Transportation Authority occupation and use taxes. | ||||||
19 | (Source: P.A. 82-985.) | ||||||
20 | Section 8.27. The Illinois Pension Code is amended by | ||||||
21 | changing Sections 8-230.1, 11-221.1, 18-112, 22-101, 22-101B, | ||||||
22 | 22-103, and 22-105 as follows: |
| |||||||
| |||||||
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 | ||||||
3 | other service. Any employee in the service, after having made | ||||||
4 | contributions covering a period of 10 or more years to the | ||||||
5 | annuity and benefit fund herein provided for, may elect to pay | ||||||
6 | for and receive credit for all annuity purposes for service | ||||||
7 | theretofore rendered by the employee to the Chicago Transit | ||||||
8 | Authority created by the Metropolitan Transit Authority Act | ||||||
9 | (repealed) or its predecessor public utilities; provided that | ||||||
10 | the last 5 years of service prior to retirement on annuity | ||||||
11 | shall have been as an employee of the City and a contributor to | ||||||
12 | this Fund. Such service credit may be paid for and granted on | ||||||
13 | the same basis and conditions as are applicable in the case of | ||||||
14 | employees who make payment for past service under the | ||||||
15 | provisions of Section 8-230, but on the assumption that the | ||||||
16 | employee's salary throughout all of his or her service with | ||||||
17 | the Authority or its predecessor public utilities was at the | ||||||
18 | rate of the employee's salary at the later of the date of his | ||||||
19 | or her entrance or reentrance into the service as a municipal | ||||||
20 | employee, as applicable. In no event, however, shall such | ||||||
21 | service be credited if the employee has not forfeited and | ||||||
22 | relinquished pension credit for service covering such period | ||||||
23 | under any pension or retirement plan applicable to the | ||||||
24 | Authority or its predecessor public utilities and instituted | ||||||
25 | and maintained by the Authority or its predecessor public | ||||||
26 | utilities for the benefit of its employees. |
| |||||||
| |||||||
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 | ||||||
4 | certain other service. Any employee in the service, after | ||||||
5 | having made contributions covering a period of 10 or more | ||||||
6 | years to the annuity and benefit fund herein provided for, may | ||||||
7 | elect to pay for and receive credit for all annuity purposes | ||||||
8 | for service theretofore rendered by the employee to the | ||||||
9 | Chicago Transit Authority created by the Metropolitan Transit | ||||||
10 | Authority Act (repealed) ; provided that if the employee has | ||||||
11 | more than 10 years of such service, only the last 10 years of | ||||||
12 | such service shall be credited. Such service credit may be | ||||||
13 | paid for and granted on the same basis and conditions as are | ||||||
14 | applicable in the case of employees who make payment for past | ||||||
15 | service under the provisions of Section 11-221, but on the | ||||||
16 | assumption that the employee's salary throughout all of his or | ||||||
17 | her service with the Authority was at the rate of the | ||||||
18 | employee's salary at the date of his or her entrance into the | ||||||
19 | service as an employee. In no event, however, shall such | ||||||
20 | service be credited if the employee has not forfeited and | ||||||
21 | relinquished pension credit for service covering such period | ||||||
22 | under any pension or retirement plan applicable to the | ||||||
23 | Authority and instituted and maintained by the Authority for | ||||||
24 | the benefit of its employees. | ||||||
25 | (Source: P.A. 90-655, eff. 7-30-98.) |
| |||||||
| |||||||
1 | (40 ILCS 5/18-112) (from Ch. 108 1/2, par. 18-112) | ||||||
2 | Sec. 18-112. Service. "Service": The period beginning on | ||||||
3 | the day a person first became a judge, whether prior or | ||||||
4 | subsequent to the effective date, and ending on the date under | ||||||
5 | consideration, excluding all intervening periods during which | ||||||
6 | he or she was not a judge following resignation or expiration | ||||||
7 | of any term of election or appointment. | ||||||
8 | Service also includes the following: (a) Any period prior | ||||||
9 | to January 1, 1964 during which a judge served as a justice of | ||||||
10 | the peace, police magistrate or master in chancery, or as a | ||||||
11 | civil referee, commissioner or trial assistant to the chief | ||||||
12 | judge in the Municipal Court of Chicago, or performed judicial | ||||||
13 | duties as an assistant to the judge of the Probate Court of | ||||||
14 | Cook County. A judge shall be entitled to credit for all or as | ||||||
15 | much as the judge may desire of such service, not exceeding 8 | ||||||
16 | years, upon payment of the participant's contribution covering | ||||||
17 | such service at the contribution rates in effect on July 1, | ||||||
18 | 1969, together with interest at 4% per annum compounded | ||||||
19 | annually, from the dates the service was rendered to the date | ||||||
20 | of payment, provided credit for such service had not been | ||||||
21 | granted in any public pension fund or retirement system in the | ||||||
22 | State. The required contributions shall be based upon the rate | ||||||
23 | of salary in effect for the judge on the date he or she entered | ||||||
24 | the system or on January 1, 1964, whichever is later. | ||||||
25 | (b) Service rendered after January 1, 1964, as a holdover |
| |||||||
| |||||||
1 | magistrate or master in chancery of the Circuit Court. A judge | ||||||
2 | shall be entitled to credit for any period of such service, not | ||||||
3 | exceeding a total of 8 years, together with the period of | ||||||
4 | service taken into account in paragraph (a). Service credit | ||||||
5 | under this paragraph is subject to the same contribution | ||||||
6 | requirements and other limitations that are prescribed for | ||||||
7 | service credit under paragraph (a). | ||||||
8 | (c) Any period that a participant served as a member of the | ||||||
9 | General Assembly, subject to the following conditions: | ||||||
10 | (1) He or she has been a participant in this system for at | ||||||
11 | least 4 years and has contributed to the system for service | ||||||
12 | rendered as a member of the General Assembly subsequent to | ||||||
13 | November 1, 1941, at the contribution rates in effect for a | ||||||
14 | judge on the date of becoming a participant, including | ||||||
15 | interest at 3% per annum compounded annually from the date | ||||||
16 | such service was rendered to the date of payment, based on the | ||||||
17 | salary in effect during such period of service; and | ||||||
18 | (2) The participant is not entitled to credit for such | ||||||
19 | service in any other public retirement system in the State. | ||||||
20 | (d) Any period a participant served as a judge or | ||||||
21 | commissioner of the Court of Claims of this State after | ||||||
22 | November 1, 1941, provided he or she contributes to the system | ||||||
23 | at the contribution rates in effect on the date of becoming a | ||||||
24 | participant, based on salary received during such service, | ||||||
25 | including interest at 3% per annum compounded annually from | ||||||
26 | the date such service was rendered to the date of payment. |
| |||||||
| |||||||
1 | (e) Any period that a participant served as State's | ||||||
2 | Attorney or Public Defender of any county of this State, | ||||||
3 | subject to the following conditions: (1) such service was not | ||||||
4 | credited under any public pension fund or retirement system; | ||||||
5 | (2) the maximum service to be credited in this system shall be | ||||||
6 | 8 years; (3) the participant must have at least 6 years of | ||||||
7 | service as a judge and as a participant of this system; and (4) | ||||||
8 | the participant has made contributions to the system for such | ||||||
9 | service at the contribution rates in effect on the date of | ||||||
10 | becoming a participant in this system based upon the salary of | ||||||
11 | the judge on such date, including interest at 4% per annum | ||||||
12 | compounded annually from such date to the date of payment. | ||||||
13 | A judge who terminated service before January 26, 1988 and | ||||||
14 | whose retirement annuity began after January 1, 1988 may | ||||||
15 | establish credit for service as a Public Defender in | ||||||
16 | accordance with the other provisions of this subsection by | ||||||
17 | making application and paying the required contributions to | ||||||
18 | the Board not later than 30 days after August 23, 1989. In such | ||||||
19 | cases, the Board shall recalculate the retirement annuity, | ||||||
20 | effective on the first day of the next calendar month | ||||||
21 | beginning at least 30 days after the application is received. | ||||||
22 | (f) Any period as a participating policeman, employee or | ||||||
23 | teacher under Article 5, 14 or 16 of this Code, subject to the | ||||||
24 | following conditions: (1) the credits accrued under Article 5, | ||||||
25 | 14 or 16 have been transferred to this system; and (2) the | ||||||
26 | participant has contributed to the system an amount equal to |
| |||||||
| |||||||
1 | (A) contributions at the rate in effect for participants at | ||||||
2 | the date of membership in this system based upon the salary of | ||||||
3 | the judge on such date, (B) the employer's share of the normal | ||||||
4 | cost under this system for each year that credit is being | ||||||
5 | established, based on the salary in effect at the date of | ||||||
6 | membership in this system, and (C) interest at 6% per annum, | ||||||
7 | compounded annually, from the date of membership to the date | ||||||
8 | of payment; less (D) the amount transferred on behalf of the | ||||||
9 | participant from Article 5, 14 or 16. | ||||||
10 | (g) Any period that a participant served as the | ||||||
11 | Administrative Director of the Circuit Court of Cook County, | ||||||
12 | as Executive Director of the Home Rule Commission, as | ||||||
13 | assistant corporation counsel in the Chicago Law Department, | ||||||
14 | or as an employee of the Cook County Treasurer, subject to the | ||||||
15 | following conditions: (1) the maximum amount of such service | ||||||
16 | which may be credited is 10 years; (2) in order to qualify for | ||||||
17 | such credit in this system, a judge must have at least 6 years | ||||||
18 | of service as a judge and participant of this system; (3) the | ||||||
19 | last 6 years of service credited in this system shall be as a | ||||||
20 | judge and a participant in this system; (4) credits accrued to | ||||||
21 | the participant under any other public pension fund or public | ||||||
22 | retirement system in the State, if any, by reason of the | ||||||
23 | service to be established under this paragraph (g) has been | ||||||
24 | transferred to this system; and (5) the participant has | ||||||
25 | contributed to this system the amount, if any, by which the | ||||||
26 | amount transferred pursuant to subdivision (4) of this |
| |||||||
| |||||||
1 | paragraph, if any, is less than the amount which the | ||||||
2 | participant would have contributed to the system during the | ||||||
3 | period of time being counted as service under this paragraph | ||||||
4 | had the participant been a judge participating in this system | ||||||
5 | during that time, based on the rate of contribution in effect | ||||||
6 | and the salary earned by the participant on the date he or she | ||||||
7 | became a participant, with interest accruing on such | ||||||
8 | deficiency at a rate of 5% per annum from the date he or she | ||||||
9 | became a participant through the date on which such deficiency | ||||||
10 | is paid. | ||||||
11 | (h) Any period that a participant served as a full-time | ||||||
12 | attorney employed by the Chicago Transit Authority created by | ||||||
13 | the Metropolitan Transit Authority Act (repealed) , subject to | ||||||
14 | the following conditions: (1) any credit received for such | ||||||
15 | service in the pension fund established under Section 22-101 | ||||||
16 | has been terminated; (2) the maximum amount of such service to | ||||||
17 | be credited in this system shall be 10 years; (3) the | ||||||
18 | participant must have at least 6 years of service as a judge | ||||||
19 | and as a participant of this system; and (4) the participant | ||||||
20 | has made contributions to the system for such service at the | ||||||
21 | contribution rates in effect on the date of becoming a | ||||||
22 | participant in this system based upon the salary of the judge | ||||||
23 | on such date, including interest at 5% per annum compounded | ||||||
24 | annually from such date to the date of payment. | ||||||
25 | (i) Any period during which a participant received | ||||||
26 | temporary total disability benefit payments, as provided in |
| |||||||
| |||||||
1 | Section 18-126.1. | ||||||
2 | Service during a fraction of a month shall be considered a | ||||||
3 | month of service, but no more than one month of service shall | ||||||
4 | be 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 | ||||||
8 | Employees. | ||||||
9 | (a) There shall be established and maintained by the | ||||||
10 | Metropolitan Mobility Authority created by the Metropolitan | ||||||
11 | Mobility Authority Act the Authority created by the | ||||||
12 | "Metropolitan Transit Authority Act", approved April 12, 1945, | ||||||
13 | as amended, (referred to in this Section as the "Authority") a | ||||||
14 | financially sound pension and retirement system adequate to | ||||||
15 | provide for all payments when due under such established | ||||||
16 | system or as modified from time to time by ordinance of the | ||||||
17 | Authority Chicago Transit Board or collective bargaining | ||||||
18 | agreement. For this purpose, the Metropolitan Mobility | ||||||
19 | Authority Board must make contributions to the established | ||||||
20 | system as required under this Section and may make any | ||||||
21 | additional contributions provided for by Board ordinance or | ||||||
22 | collective bargaining agreement. The participating employees | ||||||
23 | shall make such periodic payments to the established system as | ||||||
24 | required under this Section and may make any additional | ||||||
25 | contributions provided for by Board ordinance or collective |
| |||||||
| |||||||
1 | bargaining agreement. | ||||||
2 | Provisions shall be made by the Board for all officers, | ||||||
3 | except those who first become members on or after January 1, | ||||||
4 | 2012, and employees of the Authority appointed pursuant to the | ||||||
5 | " Metropolitan Transit Authority Act " (repealed) to become, | ||||||
6 | subject to reasonable rules and regulations, participants of | ||||||
7 | the pension or retirement system with uniform rights, | ||||||
8 | privileges, obligations and status as to the class in which | ||||||
9 | such officers and employees belong. The terms, conditions and | ||||||
10 | provisions of any pension or retirement system or of any | ||||||
11 | amendment or modification thereof affecting employees who are | ||||||
12 | members of any labor organization may be established, amended | ||||||
13 | or modified by agreement with such labor organization, | ||||||
14 | provided the terms, conditions and provisions must be | ||||||
15 | consistent with this Act, the annual funding levels for the | ||||||
16 | retirement system established by law must be met and the | ||||||
17 | benefits paid to future participants in the system may not | ||||||
18 | exceed the benefit ceilings set for future participants under | ||||||
19 | this Act and the contribution levels required by the Authority | ||||||
20 | and its employees may not be less than the contribution levels | ||||||
21 | established under this Act. | ||||||
22 | (b) The Board of Trustees shall consist of 11 members | ||||||
23 | appointed as follows: (i) 6 5 trustees shall be appointed by | ||||||
24 | the Metropolitan Mobility Authority Board Chicago Transit | ||||||
25 | Board ; (ii) 3 trustees shall be appointed by an organization | ||||||
26 | representing the highest number of Chicago Transit Authority |
| |||||||
| |||||||
1 | participants; (iii) one trustee shall be appointed by an | ||||||
2 | organization representing the second-highest number of Chicago | ||||||
3 | Transit Authority participants; and (iv) one trustee shall be | ||||||
4 | appointed by the recognized coalition representatives of | ||||||
5 | participants who are not represented by an organization with | ||||||
6 | the highest or second-highest number of Chicago Transit | ||||||
7 | Authority participants ; and (v) one trustee shall be selected | ||||||
8 | by the Regional Transportation Authority Board of Directors , | ||||||
9 | and the trustee shall be a professional fiduciary who has | ||||||
10 | experience in the area of collectively bargained pension | ||||||
11 | plans. Those trustees serving on the effective date of this | ||||||
12 | amendatory Act of the 104th General Assembly appointed by the | ||||||
13 | Chicago Transit Board and the Regional Transportation | ||||||
14 | Authority Board of Directors shall continue serving until | ||||||
15 | their terms end or they are replaced by the Metropolitan | ||||||
16 | Mobility Authority Board. Trustees shall serve until a | ||||||
17 | successor has been appointed and qualified, or until | ||||||
18 | resignation, death, incapacity, or disqualification. | ||||||
19 | Any person appointed as a trustee of the board shall | ||||||
20 | qualify by taking an oath of office that he or she will | ||||||
21 | diligently and honestly administer the affairs of the system | ||||||
22 | and will not knowingly violate or willfully permit the | ||||||
23 | violation of any of the provisions of law applicable to the | ||||||
24 | Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110, | ||||||
25 | 1-111, 1-114, and 1-115 of the Illinois Pension Code. | ||||||
26 | Each trustee shall cast individual votes, and a majority |
| |||||||
| |||||||
1 | vote shall be final and binding upon all interested parties, | ||||||
2 | provided that the Board of Trustees may require a | ||||||
3 | supermajority vote with respect to the investment of the | ||||||
4 | assets of the Retirement Plan, and may set forth that | ||||||
5 | requirement in the Retirement Plan documents, by-laws, or | ||||||
6 | rules of the Board of Trustees. Each trustee shall have the | ||||||
7 | rights, privileges, authority, and obligations as are usual | ||||||
8 | and customary for such fiduciaries. | ||||||
9 | The Board of Trustees may cause amounts on deposit in the | ||||||
10 | Retirement Plan to be invested in those investments that are | ||||||
11 | permitted investments for the investment of moneys held under | ||||||
12 | any one or more of the pension or retirement systems of the | ||||||
13 | State, any unit of local government or school district, or any | ||||||
14 | agency or instrumentality thereof. The Board, by a vote of at | ||||||
15 | least two-thirds of the trustees, may transfer investment | ||||||
16 | management to the Illinois State Board of Investment, which is | ||||||
17 | hereby authorized to manage these investments when so | ||||||
18 | requested by the Board of Trustees. | ||||||
19 | Notwithstanding any other provision of this Article or any | ||||||
20 | law to the contrary, any person who first became becomes a | ||||||
21 | member of the Chicago Transit Board on or after January 1, 2012 | ||||||
22 | shall not be eligible to participate in this Retirement Plan. | ||||||
23 | (c) All individuals who were previously participants in | ||||||
24 | the Retirement Plan for Chicago Transit Authority Employees | ||||||
25 | shall remain participants, and shall receive the same benefits | ||||||
26 | established by the Retirement Plan for Chicago Transit |
| |||||||
| |||||||
1 | Authority Employees, except as provided in this amendatory Act | ||||||
2 | or by subsequent legislative enactment or amendment to the | ||||||
3 | Retirement Plan. For Authority employees hired on or after the | ||||||
4 | effective date of this amendatory Act of the 95th General | ||||||
5 | Assembly, the Retirement Plan for Chicago Transit Authority | ||||||
6 | Employees shall be the exclusive retirement plan and such | ||||||
7 | employees shall not be eligible for any supplemental plan, | ||||||
8 | except for a deferred compensation plan funded only by | ||||||
9 | employee contributions. | ||||||
10 | For all Authority employees who are first hired on or | ||||||
11 | after the effective date of this amendatory Act of the 95th | ||||||
12 | General Assembly and are participants in the Retirement Plan | ||||||
13 | for Chicago Transit Authority Employees, the following terms, | ||||||
14 | conditions and provisions with respect to retirement shall be | ||||||
15 | applicable: | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
12 | December 31, 2008, all participating employees shall | ||||||
13 | contribute to the Retirement Plan in an amount not less than 6% | ||||||
14 | of compensation, and the Authority shall contribute to the | ||||||
15 | Retirement Plan in an amount not less than 12% of | ||||||
16 | compensation. | ||||||
17 | (e)(1) Beginning January 1, 2009 the Authority shall make | ||||||
18 | contributions to the Retirement Plan in an amount equal to | ||||||
19 | twelve percent (12%) of compensation and participating | ||||||
20 | employees shall make contributions to the Retirement Plan in | ||||||
21 | an amount equal to six percent (6%) of compensation. These | ||||||
22 | contributions may be paid by the Authority and participating | ||||||
23 | employees on a payroll or other periodic basis, but shall in | ||||||
24 | any case be paid to the Retirement Plan at least monthly. | ||||||
25 | (2) For the period ending December 31, 2040, the amount | ||||||
26 | paid by the Authority in any year with respect to debt service |
| |||||||
| |||||||
1 | on bonds issued for the purposes of funding a contribution to | ||||||
2 | the Retirement Plan under Section 12c of the Metropolitan | ||||||
3 | Transit Authority Act (repealed) , other than debt service paid | ||||||
4 | with the proceeds of bonds or notes issued by the Authority for | ||||||
5 | any year after calendar year 2008, shall be treated as a credit | ||||||
6 | against the amount of required contribution to the Retirement | ||||||
7 | Plan by the Authority under subsection (e)(1) for the | ||||||
8 | following year up to an amount not to exceed 6% of compensation | ||||||
9 | paid by the Authority in that following year. | ||||||
10 | (3) By September 15 of each year beginning in 2009 and | ||||||
11 | ending on December 31, 2039, on the basis of a report prepared | ||||||
12 | by an enrolled actuary retained by the Plan, the Board of | ||||||
13 | Trustees of the Retirement Plan shall determine the estimated | ||||||
14 | funded ratio of the total assets of the Retirement Plan to its | ||||||
15 | total actuarially determined liabilities. A report containing | ||||||
16 | that determination and the actuarial assumptions on which it | ||||||
17 | is based shall be filed with the Authority, the | ||||||
18 | representatives of its participating employees, the Auditor | ||||||
19 | General of the State of Illinois, and the Metropolitan | ||||||
20 | Mobility Regional Transportation Authority. If the funded | ||||||
21 | ratio is projected to decline below 60% in any year before | ||||||
22 | 2040, the Board of Trustees shall also determine the increased | ||||||
23 | contribution required each year as a level percentage of | ||||||
24 | payroll over the years remaining until 2040 using the | ||||||
25 | projected unit credit actuarial cost method so the funded | ||||||
26 | ratio does not decline below 60% and include that |
| |||||||
| |||||||
1 | determination in its report. If the actual funded ratio | ||||||
2 | declines below 60% in any year prior to 2040, the Board of | ||||||
3 | Trustees shall also determine the increased contribution | ||||||
4 | required each year as a level percentage of payroll during the | ||||||
5 | years after the then current year using the projected unit | ||||||
6 | credit actuarial cost method so the funded ratio is projected | ||||||
7 | to reach at least 60% no later than 10 years after the then | ||||||
8 | current year and include that determination in its report. | ||||||
9 | Within 60 days after receiving the report, the Auditor General | ||||||
10 | shall review the determination and the assumptions on which it | ||||||
11 | is based, and if he finds that the determination and the | ||||||
12 | assumptions on which it is based are unreasonable in the | ||||||
13 | aggregate, he shall issue a new determination of the funded | ||||||
14 | ratio, the assumptions on which it is based and the increased | ||||||
15 | contribution required each year as a level percentage of | ||||||
16 | payroll over the years remaining until 2040 using the | ||||||
17 | projected unit credit actuarial cost method so the funded | ||||||
18 | ratio does not decline below 60%, or, in the event of an actual | ||||||
19 | decline below 60%, so the funded ratio is projected to reach | ||||||
20 | 60% by no later than 10 years after the then current year. If | ||||||
21 | the Board of Trustees or the Auditor General determine that an | ||||||
22 | increased contribution is required to meet the funded ratio | ||||||
23 | required by the subsection, effective January 1 following the | ||||||
24 | determination or 30 days after such determination, whichever | ||||||
25 | is later, one-third of the increased contribution shall be | ||||||
26 | paid by participating employees and two-thirds by the |
| |||||||
| |||||||
1 | Authority, in addition to the contributions required by this | ||||||
2 | subsection (1). | ||||||
3 | (4) For the period beginning 2040, the minimum | ||||||
4 | contribution to the Retirement Plan for each fiscal year shall | ||||||
5 | be an amount determined by the Board of Trustees of the | ||||||
6 | Retirement Plan to be sufficient to bring the total assets of | ||||||
7 | the Retirement Plan up to 90% of its total actuarial | ||||||
8 | liabilities by the end of 2059. Participating employees shall | ||||||
9 | be responsible for one-third of the required contribution and | ||||||
10 | the Authority shall be responsible for two-thirds of the | ||||||
11 | required contribution. In making these determinations, the | ||||||
12 | Board of Trustees shall calculate the required contribution | ||||||
13 | each year as a level percentage of payroll over the years | ||||||
14 | remaining to and including fiscal year 2059 using the | ||||||
15 | projected unit credit actuarial cost method. A report | ||||||
16 | containing that determination and the actuarial assumptions on | ||||||
17 | which it is based shall be filed by September 15 of each year | ||||||
18 | with the Authority, the representatives of its participating | ||||||
19 | employees, the Auditor General of the State of Illinois and | ||||||
20 | the Metropolitan Mobility Regional Transportation Authority. | ||||||
21 | If the funded ratio is projected to fail to reach 90% by | ||||||
22 | December 31, 2059, the Board of Trustees shall also determine | ||||||
23 | the increased contribution required each year as a level | ||||||
24 | percentage of payroll over the years remaining until December | ||||||
25 | 31, 2059 using the projected unit credit actuarial cost method | ||||||
26 | so the funded ratio will meet 90% by December 31, 2059 and |
| |||||||
| |||||||
1 | include that determination in its report. Within 60 days after | ||||||
2 | receiving the report, the Auditor General shall review the | ||||||
3 | determination and the assumptions on which it is based and if | ||||||
4 | he finds that the determination and the assumptions on which | ||||||
5 | it is based are unreasonable in the aggregate, he shall issue a | ||||||
6 | new determination of the funded ratio, the assumptions on | ||||||
7 | which it is based and the increased contribution required each | ||||||
8 | year as a level percentage of payroll over the years remaining | ||||||
9 | until December 31, 2059 using the projected unit credit | ||||||
10 | actuarial cost method so the funded ratio reaches no less than | ||||||
11 | 90% by December 31, 2059. If the Board of Trustees or the | ||||||
12 | Auditor General determine that an increased contribution is | ||||||
13 | required to meet the funded ratio required by this subsection, | ||||||
14 | effective January 1 following the determination or 30 days | ||||||
15 | after such determination, whichever is later, one-third of the | ||||||
16 | increased contribution shall be paid by participating | ||||||
17 | employees and two-thirds by the Authority, in addition to the | ||||||
18 | contributions required by subsection (e)(1). | ||||||
19 | (5) Beginning in 2060, the minimum contribution for each | ||||||
20 | year shall be the amount needed to maintain the total assets of | ||||||
21 | the Retirement Plan at 90% of the total actuarial liabilities | ||||||
22 | of the Plan, and the contribution shall be funded two-thirds | ||||||
23 | by the Authority and one-third by the participating employees | ||||||
24 | in accordance with this subsection. | ||||||
25 | (f) The Authority shall take the steps necessary to comply | ||||||
26 | with Section 414(h)(2) of the Internal Revenue Code of 1986, |
| |||||||
| |||||||
1 | as amended, to permit the pick-up of employee contributions | ||||||
2 | under subsections (d) and (e) on a tax-deferred basis. | ||||||
3 | (g) The Board of Trustees shall certify to the Governor, | ||||||
4 | the General Assembly, the Auditor General, the Board of the | ||||||
5 | Metropolitan Mobility Regional Transportation Authority, and | ||||||
6 | the Authority at least 90 days prior to the end of each fiscal | ||||||
7 | year the amount of the required contributions to the | ||||||
8 | retirement system for the next retirement system fiscal year | ||||||
9 | under this Section. The certification shall include a copy of | ||||||
10 | the actuarial recommendations upon which it is based. In | ||||||
11 | addition, copies of the certification shall be sent to the | ||||||
12 | Commission on Government Forecasting and Accountability and | ||||||
13 | the Mayor of Chicago. | ||||||
14 | (h)(1) As to an employee who first becomes entitled to a | ||||||
15 | retirement allowance commencing on or after November 30, 1989, | ||||||
16 | the retirement allowance shall be the amount determined in | ||||||
17 | accordance 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 |
| |||||||
| |||||||
1 | service as provided for in the Retirement Plan for Chicago | ||||||
2 | Transit Authority Employees. | ||||||
3 | Provided, however that: | ||||||
4 | (2) As to an employee who first becomes entitled to a | ||||||
5 | retirement allowance commencing on or after January 1, 1993, | ||||||
6 | the retirement allowance shall be the amount determined in | ||||||
7 | accordance 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. | ||||||
19 | Provided, however that: | ||||||
20 | (3) As to an employee who first becomes entitled to a | ||||||
21 | retirement allowance commencing on or after January 1, 1994, | ||||||
22 | the retirement allowance shall be the amount determined in | ||||||
23 | accordance 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 |
| |||||||
| |||||||
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. | ||||||
9 | Provided, however that: | ||||||
10 | (4) As to an employee who first becomes entitled to a | ||||||
11 | retirement allowance commencing on or after January 1, 2000, | ||||||
12 | the retirement allowance shall be the amount determined in | ||||||
13 | accordance 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. | ||||||
25 | Provided, however that: | ||||||
26 | (5) As to an employee who first becomes entitled to a |
| |||||||
| |||||||
1 | retirement allowance commencing on or after January 1, 2001, | ||||||
2 | the retirement allowance shall be the amount determined in | ||||||
3 | accordance 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 | ||||||
16 | General Assembly, to the extent that they affect the rights or | ||||||
17 | privileges of Authority employees that are currently the | ||||||
18 | subject of collective bargaining, have been agreed to between | ||||||
19 | the authorized representatives of these employees and of the | ||||||
20 | Authority prior to enactment of this amendatory Act, as | ||||||
21 | evidenced by a Memorandum of Understanding between these | ||||||
22 | representatives that will be filed with the Secretary of State | ||||||
23 | Index Department and designated as "95-GA-C05". The General | ||||||
24 | Assembly finds and declares that those changes are consistent | ||||||
25 | with 49 U.S.C. 5333(b) (also known as Section 13(c) of the | ||||||
26 | Federal Transit Act) because of this agreement between |
| |||||||
| |||||||
1 | authorized representatives of these employees and of the | ||||||
2 | Authority, and that any future amendments to the provisions of | ||||||
3 | this amendatory Act of the 95th General Assembly, to the | ||||||
4 | extent those amendments would affect the rights and privileges | ||||||
5 | of Authority employees that are currently the subject of | ||||||
6 | collective bargaining, would be consistent with 49 U.S.C. | ||||||
7 | 5333(b) if and only if those amendments were agreed to between | ||||||
8 | these 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 | ||||||
22 | Assembly shall impair the rights or privileges of Authority | ||||||
23 | employees under any other law. | ||||||
24 | (k) Any individual who, on or after August 19, 2011 (the | ||||||
25 | effective date of Public Act 97-442), first becomes a | ||||||
26 | participant of the Retirement Plan shall not be paid any of the |
| |||||||
| |||||||
1 | benefits provided under this Code if he or she is convicted of | ||||||
2 | a felony relating to, arising out of, or in connection with his | ||||||
3 | or her service as a participant. | ||||||
4 | This subsection (k) shall not operate to impair any | ||||||
5 | contract or vested right acquired before August 19, 2011 (the | ||||||
6 | effective date of Public Act 97-442) under any law or laws | ||||||
7 | continued in this Code, and it shall not preclude the right to | ||||||
8 | refund. | ||||||
9 | (Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12; | ||||||
10 | 97-813, 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") | ||||||
15 | shall take all actions lawfully available to it to separate | ||||||
16 | the funding of health care benefits for retirees and their | ||||||
17 | dependents and survivors from the funding for its retirement | ||||||
18 | system. The Authority shall endeavor to achieve this | ||||||
19 | separation as soon as possible, and in any event no later than | ||||||
20 | July 1, 2009. | ||||||
21 | (b) Effective 90 days after the effective date of this | ||||||
22 | amendatory Act of the 95th General Assembly, a Retiree Health | ||||||
23 | Care Trust is established for the purpose of providing health | ||||||
24 | care benefits to eligible retirees and their dependents and | ||||||
25 | survivors in accordance with the terms and conditions set |
| |||||||
| |||||||
1 | forth in this Section 22-101B. The Retiree Health Care Trust | ||||||
2 | shall be solely responsible for providing health care benefits | ||||||
3 | to eligible retirees and their dependents and survivors upon | ||||||
4 | the exhaustion of the account established by the Retirement | ||||||
5 | Plan for Chicago Transit Authority Employees pursuant to | ||||||
6 | Section 401(h) of the Internal Revenue Code of 1986, but no | ||||||
7 | earlier 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 .) |
| |||||||
| |||||||
1 | (40 ILCS 5/22-103) | ||||||
2 | Sec. 22-103. Metropolitan Mobility Regional Transportation | ||||||
3 | Authority and related pension plans. | ||||||
4 | (a) As used in this Section: | ||||||
5 | "Affected pension plan" means a defined-benefit pension | ||||||
6 | plan supported in whole or in part by employer contributions | ||||||
7 | and maintained by the Metropolitan Mobility Authority, the | ||||||
8 | former Regional Transportation Authority, the former Suburban | ||||||
9 | Bus Division or Commuter Rail Division of the former Regional | ||||||
10 | Transportation Authority, or any combination thereof Regional | ||||||
11 | Transportation Authority, the Suburban Bus Division, or the | ||||||
12 | Commuter Rail Division, or any combination thereof, under the | ||||||
13 | general authority of the Regional Transportation Authority | ||||||
14 | Act , including but not limited to any such plan that has been | ||||||
15 | established under or is subject to a collective bargaining | ||||||
16 | agreement or is limited to employees covered by a collective | ||||||
17 | bargaining agreement. "Affected pension plan" does not include | ||||||
18 | any pension fund or retirement system subject to Section | ||||||
19 | 22-101 of this Section. | ||||||
20 | "Authority" means the Metropolitan Mobility Regional | ||||||
21 | Transportation Authority created under the Metropolitan | ||||||
22 | Mobility Regional Transportation Authority Act. | ||||||
23 | "Contributing employer" means an employer that is required | ||||||
24 | to make contributions to an affected pension plan under the | ||||||
25 | terms of that plan. | ||||||
26 | "Funding ratio" means the ratio of an affected pension |
| |||||||
| |||||||
1 | plan's assets to the present value of its actuarial | ||||||
2 | liabilities, as determined at its latest actuarial valuation | ||||||
3 | in accordance with applicable actuarial assumptions and | ||||||
4 | recommendations. | ||||||
5 | "Under-funded pension plan" or "under-funded" means an | ||||||
6 | affected pension plan that, at the time of its last actuarial | ||||||
7 | valuation, has a funding ratio of less than 90%. | ||||||
8 | (b) The contributing employers of each affected pension | ||||||
9 | plan have a general duty to make the required employer | ||||||
10 | contributions to the affected pension plan in a timely manner | ||||||
11 | in accordance with the terms of the plan. A contributing | ||||||
12 | employer must make contributions to the affected pension plan | ||||||
13 | as required under this subsection and, if applicable, | ||||||
14 | subsection (c); a contributing employer may make any | ||||||
15 | additional contributions provided for by the board of the | ||||||
16 | employer or collective bargaining agreement. | ||||||
17 | (c) In the case of an affected pension plan that is | ||||||
18 | under-funded on January 1, 2009 or becomes under-funded at any | ||||||
19 | time after that date, the contributing employers shall | ||||||
20 | contribute to the affected pension plan, in addition to all | ||||||
21 | amounts otherwise required, amounts sufficient to bring the | ||||||
22 | funding ratio of the affected pension plan up to 90% in | ||||||
23 | accordance with an amortization schedule adopted jointly by | ||||||
24 | the contributing employers and the trustee of the affected | ||||||
25 | pension plan. The amortization schedule may extend for any | ||||||
26 | period up to a maximum of 50 years and shall provide for |
| |||||||
| |||||||
1 | additional employer contributions in substantially equal | ||||||
2 | annual amounts over the selected period. If the contributing | ||||||
3 | employers and the trustee of the affected pension plan do not | ||||||
4 | agree on an appropriate period for the amortization schedule | ||||||
5 | within 6 months of the date of determination that the plan is | ||||||
6 | under-funded, then the amortization schedule shall be based on | ||||||
7 | a period of 50 years. | ||||||
8 | In the case of an affected pension plan that has more than | ||||||
9 | one contributing employer, each contributing employer's share | ||||||
10 | of the total additional employer contributions required under | ||||||
11 | this subsection shall be determined: (i) in proportion to the | ||||||
12 | amounts, if any, by which the respective contributing | ||||||
13 | employers have failed to meet their contribution obligations | ||||||
14 | under the terms of the affected pension plan; or (ii) if all of | ||||||
15 | the contributing employers have met their contribution | ||||||
16 | obligations under the terms of the affected pension plan, then | ||||||
17 | in the same proportion as they are required to contribute | ||||||
18 | under the terms of that plan. In the case of an affected | ||||||
19 | pension plan that has only one contributing employer, that | ||||||
20 | contributing employer is responsible for all of the additional | ||||||
21 | employer contributions required under this subsection. | ||||||
22 | If an under-funded pension plan is determined to have | ||||||
23 | achieved a funding ratio of at least 90% during the period when | ||||||
24 | an amortization schedule is in force under this Section, the | ||||||
25 | contributing employers and the trustee of the affected pension | ||||||
26 | plan, acting jointly, may cancel the amortization schedule and |
| |||||||
| |||||||
1 | the contributing employers may cease making additional | ||||||
2 | contributions under this subsection for as long as the | ||||||
3 | affected pension plan retains a funding ratio of at least 90%. | ||||||
4 | (d) Beginning January 1, 2009, if the Authority fails to | ||||||
5 | pay 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 | ||||||
7 | contributing employer, (ii) any additional employer | ||||||
8 | contribution that it is required to pay under subsection (c), | ||||||
9 | or (iii) any payment that it is required to make under | ||||||
10 | subsection (d) of Section 3.03 of the Metropolitan Mobility | ||||||
11 | Authority Act as a result of Section 4.02a or 4.02b of the | ||||||
12 | Regional Transportation Authority Act (repealed) , the trustee | ||||||
13 | of the affected pension fund shall promptly so notify the | ||||||
14 | Commission on Government Forecasting and Accountability, the | ||||||
15 | Mayor of Chicago, the Governor, and the General Assembly. | ||||||
16 | (e) For purposes of determining employer contributions, | ||||||
17 | assets, and actuarial liabilities under this subsection, | ||||||
18 | contributions, assets, and liabilities relating to health care | ||||||
19 | benefits shall not be included. | ||||||
20 | (f) This amendatory Act of the 94th General Assembly does | ||||||
21 | not affect or impair the right of any contributing employer or | ||||||
22 | its employees to collectively bargain the amount or level of | ||||||
23 | employee contributions to an affected pension plan, to the | ||||||
24 | extent that the plan includes employees subject to collective | ||||||
25 | bargaining. | ||||||
26 | (g) Any individual who, on or after August 19, 2011 (the |
| |||||||
| |||||||
1 | effective date of Public Act 97-442), first becomes a | ||||||
2 | participant of an affected pension plan shall not be paid any | ||||||
3 | of the benefits provided under this Code if he or she is | ||||||
4 | convicted of a felony relating to, arising out of, or in | ||||||
5 | connection with his or her service as a participant. | ||||||
6 | This subsection shall not operate to impair any contract | ||||||
7 | or vested right acquired before August 19, 2011 (the effective | ||||||
8 | date of Public Act 97-442) under any law or laws continued in | ||||||
9 | this Code, and it shall not preclude the right to refund. | ||||||
10 | (h) Notwithstanding any other provision of this Article or | ||||||
11 | any law to the contrary, a person who, on or after January 1, | ||||||
12 | 2012 (the effective date of Public Act 97-609), first becomes | ||||||
13 | a director on the Suburban Bus Board, the Commuter Rail Board, | ||||||
14 | or the Board of Directors of the Regional Transportation | ||||||
15 | Authority , or the Board of Directors of the Metropolitan | ||||||
16 | Mobility Authority shall not be eligible to participate in an | ||||||
17 | affected pension plan. | ||||||
18 | (Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12; | ||||||
19 | 97-813, eff. 7-13-12.) | ||||||
20 | (40 ILCS 5/22-105) | ||||||
21 | Sec. 22-105. Application to Metropolitan Mobility Regional | ||||||
22 | Transportation Authority Board members. This Code does not | ||||||
23 | apply to any individual who first becomes a member of the | ||||||
24 | Regional Transportation Authority Board on or after the | ||||||
25 | effective date of this amendatory Act of the 98th General |
| |||||||
| |||||||
1 | Assembly with respect to service on that Board or the | ||||||
2 | Metropolitan Mobility Authority Board on or after the | ||||||
3 | effective date of this amendatory Act of the 104th General | ||||||
4 | Assembly 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 | ||||||
7 | by 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 | ||||||
10 | indicates, have the following meaning: | ||||||
11 | (1) "Municipality" means and includes all municipal | ||||||
12 | corporations and political subdivisions of this State, or any | ||||||
13 | such unit or body hereafter created by authority of law, | ||||||
14 | except the following: (a) The State of Illinois; (b) counties; | ||||||
15 | (c) cities, villages and incorporated towns; (d) sanitary | ||||||
16 | districts created under "An Act to create sanitary districts | ||||||
17 | and to remove obstructions in the Des Plaines and Illinois | ||||||
18 | Rivers", approved May 29, 1889, as amended; (e) forest | ||||||
19 | preserve districts having a population of 500,000 or more, | ||||||
20 | created under "An Act to provide for the creation and | ||||||
21 | management of forest preserve districts and repealing certain | ||||||
22 | Acts therein named", approved June 27, 1913, as amended; (f) | ||||||
23 | school districts; (g) the Chicago Park District created under | ||||||
24 | "An Act in relation to the creation, maintenance, operation |
| |||||||
| |||||||
1 | and improvement of the Chicago Park District", approved, June | ||||||
2 | 10, 1933, as amended; (h) park districts created under "The | ||||||
3 | Park District Code", approved July 8, 1947, as amended; (i) | ||||||
4 | the Metropolitan Mobility Regional Transportation Authority | ||||||
5 | created under the Metropolitan Mobility "Regional | ||||||
6 | Transportation Authority Act ", enacted by the 78th General | ||||||
7 | Assembly ; and (j) the Illinois Sports Facilities Authority. | ||||||
8 | (2) "Governing body" means the corporate authorities, | ||||||
9 | body, or other officer of the municipality authorized by law | ||||||
10 | to raise revenue, appropriate funds, or levy taxes for the | ||||||
11 | operation and maintenance thereof. | ||||||
12 | (3) "Department" means the Department of Commerce and | ||||||
13 | Economic Opportunity. | ||||||
14 | (Source: P.A. 94-793, eff. 5-19-06.) | ||||||
15 | Section 8.29. The Counties Code is amended by changing | ||||||
16 | Section 6-34000 as follows: | ||||||
17 | (55 ILCS 5/6-34000) | ||||||
18 | Sec. 6-34000. Report on funds received under the | ||||||
19 | Metropolitan Mobility Regional Transportation Authority Act. | ||||||
20 | If the Board of the Metropolitan Mobility Regional | ||||||
21 | Transportation Authority adopts an ordinance under Section | ||||||
22 | 6.02 4.03 of the Metropolitan Mobility Regional Transportation | ||||||
23 | Authority Act imposing a retailers' occupation tax and a | ||||||
24 | service occupation tax at the rate of 0.75% in the counties of |
| |||||||
| |||||||
1 | DuPage, Kane, Lake, McHenry, and Will, then the County Boards | ||||||
2 | of DuPage, Kane, Lake, McHenry, and Will counties shall each | ||||||
3 | report to the General Assembly and the Commission on | ||||||
4 | Government Forecasting and Accountability by March 1 of the | ||||||
5 | year following the adoption of the ordinance and March 1 of | ||||||
6 | each year thereafter. That report shall include the total | ||||||
7 | amounts received by the County under subsection (cc) of | ||||||
8 | Section 6.02 (n) of Section 4.03 of the Metropolitan Mobility | ||||||
9 | Regional Transportation Authority Act and the expenditures and | ||||||
10 | obligations of the County using those funds during the | ||||||
11 | previous calendar year. | ||||||
12 | (Source: P.A. 95-906, eff. 8-26-08.) | ||||||
13 | Section 8.30. The Illinois Municipal Code is amended by | ||||||
14 | changing Sections 11-1-11, 11-74.4-3 and 11-122.2-1 and | ||||||
15 | changing the heading of Division 122.2 of Article 11 as | ||||||
16 | follows: | ||||||
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 | ||||||
19 | traffic ordinances. The corporate authorities of a | ||||||
20 | municipality with a population greater than 1,000,000 may | ||||||
21 | enter into an agreement with the Metropolitan Mobility Chicago | ||||||
22 | Transit Authority, created under the Metropolitan Mobility | ||||||
23 | Metropolitan Transit Authority Act, whereby Chicago Transit | ||||||
24 | Authority supervisory employees are empowered to enforce |
| |||||||
| |||||||
1 | certain 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 | ||||||
5 | used or referred to in this Division 74.4 shall have the | ||||||
6 | following respective meanings, unless in any case a different | ||||||
7 | meaning clearly appears from the context. | ||||||
8 | (a) For any redevelopment project area that has been | ||||||
9 | designated pursuant to this Section by an ordinance adopted | ||||||
10 | prior to November 1, 1999 (the effective date of Public Act | ||||||
11 | 91-478), "blighted area" shall have the meaning set forth in | ||||||
12 | this Section prior to that date. | ||||||
13 | On and after November 1, 1999, "blighted area" means any | ||||||
14 | improved or vacant area within the boundaries of a | ||||||
15 | redevelopment project area located within the territorial | ||||||
16 | limits 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: |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | designated pursuant to this Section by an ordinance adopted | ||||||
8 | prior to November 1, 1999 (the effective date of Public Act | ||||||
9 | 91-478), "conservation area" shall have the meaning set forth | ||||||
10 | in this Section prior to that date. | ||||||
11 | On and after November 1, 1999, "conservation area" means | ||||||
12 | any improved area within the boundaries of a redevelopment | ||||||
13 | project area located within the territorial limits of the | ||||||
14 | municipality in which 50% or more of the structures in the area | ||||||
15 | have an age of 35 years or more. Such an area is not yet a | ||||||
16 | blighted area but because of a combination of 3 or more of the | ||||||
17 | following factors is detrimental to the public safety, health, | ||||||
18 | morals 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
1 | (c) "Industrial park" means an area in a blighted or | ||||||
2 | conservation area suitable for use by any manufacturing, | ||||||
3 | industrial, research or transportation enterprise, of | ||||||
4 | facilities to include but not be limited to factories, mills, | ||||||
5 | processing plants, assembly plants, packing plants, | ||||||
6 | fabricating plants, industrial distribution centers, | ||||||
7 | warehouses, repair overhaul or service facilities, freight | ||||||
8 | terminals, research facilities, test facilities or railroad | ||||||
9 | facilities. | ||||||
10 | (d) "Industrial park conservation area" means an area | ||||||
11 | within the boundaries of a redevelopment project area located | ||||||
12 | within the territorial limits of a municipality that is a | ||||||
13 | labor surplus municipality or within 1 1/2 miles of the | ||||||
14 | territorial limits of a municipality that is a labor surplus | ||||||
15 | municipality if the area is annexed to the municipality; which | ||||||
16 | area is zoned as industrial no later than at the time the | ||||||
17 | municipality by ordinance designates the redevelopment project | ||||||
18 | area, and which area includes both vacant land suitable for | ||||||
19 | use as an industrial park and a blighted area or conservation | ||||||
20 | area contiguous to such vacant land. | ||||||
21 | (e) "Labor surplus municipality" means a municipality in | ||||||
22 | which, at any time during the 6 months before the municipality | ||||||
23 | by ordinance designates an industrial park conservation area, | ||||||
24 | the unemployment rate was over 6% and was also 100% or more of | ||||||
25 | the national average unemployment rate for that same time as | ||||||
26 | published in the United States Department of Labor Bureau of |
| |||||||
| |||||||
1 | Labor Statistics publication entitled "The Employment | ||||||
2 | Situation" or its successor publication. For the purpose of | ||||||
3 | this subsection, if unemployment rate statistics for the | ||||||
4 | municipality are not available, the unemployment rate in the | ||||||
5 | municipality shall be deemed to be the same as the | ||||||
6 | unemployment rate in the principal county in which the | ||||||
7 | municipality is located. | ||||||
8 | (f) "Municipality" shall mean a city, village, | ||||||
9 | incorporated town, or a township that is located in the | ||||||
10 | unincorporated portion of a county with 3 million or more | ||||||
11 | inhabitants, if the county adopted an ordinance that approved | ||||||
12 | the township's redevelopment plan. | ||||||
13 | (g) "Initial Sales Tax Amounts" means the amount of taxes | ||||||
14 | paid under the Retailers' Occupation Tax Act, Use Tax Act, | ||||||
15 | Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
16 | Municipal Retailers' Occupation Tax Act, and the Municipal | ||||||
17 | Service Occupation Tax Act by retailers and servicemen on | ||||||
18 | transactions at places located in a State Sales Tax Boundary | ||||||
19 | during the calendar year 1985. | ||||||
20 | (g-1) "Revised Initial Sales Tax Amounts" means the amount | ||||||
21 | of taxes paid under the Retailers' Occupation Tax Act, Use Tax | ||||||
22 | Act, Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
23 | Municipal Retailers' Occupation Tax Act, and the Municipal | ||||||
24 | Service Occupation Tax Act by retailers and servicemen on | ||||||
25 | transactions at places located within the State Sales Tax | ||||||
26 | Boundary revised pursuant to Section 11-74.4-8a(9) of this |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (h) "Municipal Sales Tax Increment" means an amount equal | ||||||
3 | to the increase in the aggregate amount of taxes paid to a | ||||||
4 | municipality from the Local Government Tax Fund arising from | ||||||
5 | sales by retailers and servicemen within the redevelopment | ||||||
6 | project area or State Sales Tax Boundary, as the case may be, | ||||||
7 | for as long as the redevelopment project area or State Sales | ||||||
8 | Tax Boundary, as the case may be, exist over and above the | ||||||
9 | aggregate amount of taxes as certified by the Illinois | ||||||
10 | Department of Revenue and paid under the Municipal Retailers' | ||||||
11 | Occupation Tax Act and the Municipal Service Occupation Tax | ||||||
12 | Act by retailers and servicemen, on transactions at places of | ||||||
13 | business located in the redevelopment project area or State | ||||||
14 | Sales Tax Boundary, as the case may be, during the base year | ||||||
15 | which shall be the calendar year immediately prior to the year | ||||||
16 | in which the municipality adopted tax increment allocation | ||||||
17 | financing. For purposes of computing the aggregate amount of | ||||||
18 | such taxes for base years occurring prior to 1985, the | ||||||
19 | Department of Revenue shall determine the Initial Sales Tax | ||||||
20 | Amounts for such taxes and deduct therefrom an amount equal to | ||||||
21 | 4% of the aggregate amount of taxes per year for each year the | ||||||
22 | base year is prior to 1985, but not to exceed a total deduction | ||||||
23 | of 12%. The amount so determined shall be known as the | ||||||
24 | "Adjusted Initial Sales Tax Amounts". For purposes of | ||||||
25 | determining the Municipal Sales Tax Increment, the Department | ||||||
26 | of Revenue shall for each period subtract from the amount paid |
| |||||||
| |||||||
1 | to the municipality from the Local Government Tax Fund arising | ||||||
2 | from sales by retailers and servicemen on transactions located | ||||||
3 | in the redevelopment project area or the State Sales Tax | ||||||
4 | Boundary, as the case may be, the certified Initial Sales Tax | ||||||
5 | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | ||||||
6 | Initial Sales Tax Amounts for the Municipal Retailers' | ||||||
7 | Occupation Tax Act and the Municipal Service Occupation Tax | ||||||
8 | Act. For the State Fiscal Year 1989, this calculation shall be | ||||||
9 | made by utilizing the calendar year 1987 to determine the tax | ||||||
10 | amounts received. For the State Fiscal Year 1990, this | ||||||
11 | calculation shall be made by utilizing the period from January | ||||||
12 | 1, 1988, until September 30, 1988, to determine the tax | ||||||
13 | amounts received from retailers and servicemen pursuant to the | ||||||
14 | Municipal Retailers' Occupation Tax and the Municipal Service | ||||||
15 | Occupation Tax Act, which shall have deducted therefrom | ||||||
16 | nine-twelfths of the certified Initial Sales Tax Amounts, the | ||||||
17 | Adjusted Initial Sales Tax Amounts or the Revised Initial | ||||||
18 | Sales Tax Amounts as appropriate. For the State Fiscal Year | ||||||
19 | 1991, this calculation shall be made by utilizing the period | ||||||
20 | from October 1, 1988, to June 30, 1989, to determine the tax | ||||||
21 | amounts received from retailers and servicemen pursuant to the | ||||||
22 | Municipal Retailers' Occupation Tax and the Municipal Service | ||||||
23 | Occupation Tax Act which shall have deducted therefrom | ||||||
24 | nine-twelfths of the certified Initial Sales Tax Amounts, | ||||||
25 | Adjusted Initial Sales Tax Amounts or the Revised Initial | ||||||
26 | Sales Tax Amounts as appropriate. For every State Fiscal Year |
| |||||||
| |||||||
1 | thereafter, the applicable period shall be the 12 months | ||||||
2 | beginning July 1 and ending June 30 to determine the tax | ||||||
3 | amounts received which shall have deducted therefrom the | ||||||
4 | certified Initial Sales Tax Amounts, the Adjusted Initial | ||||||
5 | Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as | ||||||
6 | the case may be. | ||||||
7 | (i) "Net State Sales Tax Increment" means the sum of the | ||||||
8 | following: (a) 80% of the first $100,000 of State Sales Tax | ||||||
9 | Increment annually generated within a State Sales Tax | ||||||
10 | Boundary; (b) 60% of the amount in excess of $100,000 but not | ||||||
11 | exceeding $500,000 of State Sales Tax Increment annually | ||||||
12 | generated within a State Sales Tax Boundary; and (c) 40% of all | ||||||
13 | amounts in excess of $500,000 of State Sales Tax Increment | ||||||
14 | annually generated within a State Sales Tax Boundary. If, | ||||||
15 | however, a municipality established a tax increment financing | ||||||
16 | district in a county with a population in excess of 3,000,000 | ||||||
17 | before January 1, 1986, and the municipality entered into a | ||||||
18 | contract or issued bonds after January 1, 1986, but before | ||||||
19 | December 31, 1986, to finance redevelopment project costs | ||||||
20 | within a State Sales Tax Boundary, then the Net State Sales Tax | ||||||
21 | Increment means, for the fiscal years beginning July 1, 1990, | ||||||
22 | and July 1, 1991, 100% of the State Sales Tax Increment | ||||||
23 | annually generated within a State Sales Tax Boundary; and | ||||||
24 | notwithstanding any other provision of this Act, for those | ||||||
25 | fiscal years the Department of Revenue shall distribute to | ||||||
26 | those municipalities 100% of their Net State Sales Tax |
| |||||||
| |||||||
1 | Increment before any distribution to any other municipality | ||||||
2 | and regardless of whether or not those other municipalities | ||||||
3 | will receive 100% of their Net State Sales Tax Increment. For | ||||||
4 | Fiscal Year 1999, and every year thereafter until the year | ||||||
5 | 2007, for any municipality that has not entered into a | ||||||
6 | contract or has not issued bonds prior to June 1, 1988 to | ||||||
7 | finance redevelopment project costs within a State Sales Tax | ||||||
8 | Boundary, the Net State Sales Tax Increment shall be | ||||||
9 | calculated as follows: By multiplying the Net State Sales Tax | ||||||
10 | Increment by 90% in the State Fiscal Year 1999; 80% in the | ||||||
11 | State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60% | ||||||
12 | in the State Fiscal Year 2002; 50% in the State Fiscal Year | ||||||
13 | 2003; 40% in the State Fiscal Year 2004; 30% in the State | ||||||
14 | Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in | ||||||
15 | the State Fiscal Year 2007. No payment shall be made for State | ||||||
16 | Fiscal Year 2008 and thereafter. | ||||||
17 | Municipalities that issued bonds in connection with a | ||||||
18 | redevelopment project in a redevelopment project area within | ||||||
19 | the State Sales Tax Boundary prior to July 29, 1991, or that | ||||||
20 | entered into contracts in connection with a redevelopment | ||||||
21 | project in a redevelopment project area before June 1, 1988, | ||||||
22 | shall continue to receive their proportional share of the | ||||||
23 | Illinois Tax Increment Fund distribution until the date on | ||||||
24 | which the redevelopment project is completed or terminated. | ||||||
25 | If, however, a municipality that issued bonds in connection | ||||||
26 | with a redevelopment project in a redevelopment project area |
| |||||||
| |||||||
1 | within the State Sales Tax Boundary prior to July 29, 1991 | ||||||
2 | retires the bonds prior to June 30, 2007 or a municipality that | ||||||
3 | entered into contracts in connection with a redevelopment | ||||||
4 | project in a redevelopment project area before June 1, 1988 | ||||||
5 | completes the contracts prior to June 30, 2007, then so long as | ||||||
6 | the redevelopment project is not completed or is not | ||||||
7 | terminated, the Net State Sales Tax Increment shall be | ||||||
8 | calculated, beginning on the date on which the bonds are | ||||||
9 | retired or the contracts are completed, as follows: By | ||||||
10 | multiplying the Net State Sales Tax Increment by 60% in the | ||||||
11 | State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40% | ||||||
12 | in the State Fiscal Year 2004; 30% in the State Fiscal Year | ||||||
13 | 2005; 20% in the State Fiscal Year 2006; and 10% in the State | ||||||
14 | Fiscal Year 2007. No payment shall be made for State Fiscal | ||||||
15 | Year 2008 and thereafter. Refunding of any bonds issued prior | ||||||
16 | to July 29, 1991, shall not alter the Net State Sales Tax | ||||||
17 | Increment. | ||||||
18 | (j) "State Utility Tax Increment Amount" means an amount | ||||||
19 | equal to the aggregate increase in State electric and gas tax | ||||||
20 | charges imposed on owners and tenants, other than residential | ||||||
21 | customers, of properties located within the redevelopment | ||||||
22 | project area under Section 9-222 of the Public Utilities Act, | ||||||
23 | over and above the aggregate of such charges as certified by | ||||||
24 | the Department of Revenue and paid by owners and tenants, | ||||||
25 | other than residential customers, of properties within the | ||||||
26 | redevelopment project area during the base year, which shall |
| |||||||
| |||||||
1 | be the calendar year immediately prior to the year of the | ||||||
2 | adoption of the ordinance authorizing tax increment allocation | ||||||
3 | financing. | ||||||
4 | (k) "Net State Utility Tax Increment" means the sum of the | ||||||
5 | following: (a) 80% of the first $100,000 of State Utility Tax | ||||||
6 | Increment 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 | ||||||
9 | by a redevelopment project area; and (c) 40% of all amounts in | ||||||
10 | excess of $500,000 of State Utility Tax Increment annually | ||||||
11 | generated by a redevelopment project area. For the State | ||||||
12 | Fiscal Year 1999, and every year thereafter until the year | ||||||
13 | 2007, for any municipality that has not entered into a | ||||||
14 | contract or has not issued bonds prior to June 1, 1988 to | ||||||
15 | finance redevelopment project costs within a redevelopment | ||||||
16 | project area, the Net State Utility Tax Increment shall be | ||||||
17 | calculated as follows: By multiplying the Net State Utility | ||||||
18 | Tax Increment by 90% in the State Fiscal Year 1999; 80% in the | ||||||
19 | State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60% | ||||||
20 | in the State Fiscal Year 2002; 50% in the State Fiscal Year | ||||||
21 | 2003; 40% in the State Fiscal Year 2004; 30% in the State | ||||||
22 | Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in | ||||||
23 | the State Fiscal Year 2007. No payment shall be made for the | ||||||
24 | State Fiscal Year 2008 and thereafter. | ||||||
25 | Municipalities that issue bonds in connection with the | ||||||
26 | redevelopment project during the period from June 1, 1988 |
| |||||||
| |||||||
1 | until 3 years after the effective date of this Amendatory Act | ||||||
2 | of 1988 shall receive the Net State Utility Tax Increment, | ||||||
3 | subject to appropriation, for 15 State Fiscal Years after the | ||||||
4 | issuance of such bonds. For the 16th through the 20th State | ||||||
5 | Fiscal Years after issuance of the bonds, the Net State | ||||||
6 | Utility Tax Increment shall be calculated as follows: By | ||||||
7 | multiplying the Net State Utility Tax Increment by 90% in year | ||||||
8 | 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in | ||||||
9 | year 20. Refunding of any bonds issued prior to June 1, 1988, | ||||||
10 | shall not alter the revised Net State Utility Tax Increment | ||||||
11 | payments set forth above. | ||||||
12 | (l) "Obligations" mean bonds, loans, debentures, notes, | ||||||
13 | special certificates or other evidence of indebtedness issued | ||||||
14 | by the municipality to carry out a redevelopment project or to | ||||||
15 | refund outstanding obligations. | ||||||
16 | (m) "Payment in lieu of taxes" means those estimated tax | ||||||
17 | revenues from real property in a redevelopment project area | ||||||
18 | derived from real property that has been acquired by a | ||||||
19 | municipality which according to the redevelopment project or | ||||||
20 | plan is to be used for a private use which taxing districts | ||||||
21 | would have received had a municipality not acquired the real | ||||||
22 | property and adopted tax increment allocation financing and | ||||||
23 | which would result from levies made after the time of the | ||||||
24 | adoption of tax increment allocation financing to the time the | ||||||
25 | current equalized value of real property in the redevelopment | ||||||
26 | project area exceeds the total initial equalized value of real |
| |||||||
| |||||||
1 | property in said area. | ||||||
2 | (n) "Redevelopment plan" means the comprehensive program | ||||||
3 | of the municipality for development or redevelopment intended | ||||||
4 | by the payment of redevelopment project costs to reduce or | ||||||
5 | eliminate those conditions the existence of which qualified | ||||||
6 | the redevelopment project area as a "blighted area" or | ||||||
7 | "conservation area" or combination thereof or "industrial park | ||||||
8 | conservation area," and thereby to enhance the tax bases of | ||||||
9 | the taxing districts which extend into the redevelopment | ||||||
10 | project area, provided that, with respect to redevelopment | ||||||
11 | project areas described in subsections (p-1) and (p-2), | ||||||
12 | "redevelopment plan" means the comprehensive program of the | ||||||
13 | affected municipality for the development of qualifying | ||||||
14 | transit facilities. On and after November 1, 1999 (the | ||||||
15 | effective date of Public Act 91-478), no redevelopment plan | ||||||
16 | may be approved or amended that includes the development of | ||||||
17 | vacant land (i) with a golf course and related clubhouse and | ||||||
18 | other facilities or (ii) designated by federal, State, county, | ||||||
19 | or municipal government as public land for outdoor | ||||||
20 | recreational activities or for nature preserves and used for | ||||||
21 | that purpose within 5 years prior to the adoption of the | ||||||
22 | redevelopment plan. For the purpose of this subsection, | ||||||
23 | "recreational activities" is limited to mean camping and | ||||||
24 | hunting. Each redevelopment plan shall set forth in writing | ||||||
25 | the program to be undertaken to accomplish the objectives and | ||||||
26 | shall include but not be limited to: |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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) | ||||||
10 | shall not apply to a municipality that before March 14, 1994 | ||||||
11 | (the effective date of Public Act 88-537) had fixed, either by | ||||||
12 | its corporate authorities or by a commission designated under | ||||||
13 | subsection (k) of Section 11-74.4-4, a time and place for a | ||||||
14 | public hearing as required by subsection (a) of Section | ||||||
15 | 11-74.4-5. No redevelopment plan shall be adopted unless a | ||||||
16 | municipality 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | development project in furtherance of the objectives of a | ||||||
2 | redevelopment plan. On and after November 1, 1999 (the | ||||||
3 | effective date of Public Act 91-478), no redevelopment plan | ||||||
4 | may be approved or amended that includes the development of | ||||||
5 | vacant land (i) with a golf course and related clubhouse and | ||||||
6 | other facilities or (ii) designated by federal, State, county, | ||||||
7 | or municipal government as public land for outdoor | ||||||
8 | recreational activities or for nature preserves and used for | ||||||
9 | that purpose within 5 years prior to the adoption of the | ||||||
10 | redevelopment plan. For the purpose of this subsection, | ||||||
11 | "recreational activities" is limited to mean camping and | ||||||
12 | hunting. | ||||||
13 | (p) "Redevelopment project area" means an area designated | ||||||
14 | by the municipality, which is not less in the aggregate than 1 | ||||||
15 | 1/2 acres and in respect to which the municipality has made a | ||||||
16 | finding that there exist conditions which cause the area to be | ||||||
17 | classified as an industrial park conservation area or a | ||||||
18 | blighted area or a conservation area, or a combination of both | ||||||
19 | blighted areas and conservation areas. | ||||||
20 | (p-1) Notwithstanding any provision of this Act to the | ||||||
21 | contrary, on and after August 25, 2009 (the effective date of | ||||||
22 | Public Act 96-680), a redevelopment project area may include | ||||||
23 | areas within a one-half mile radius of an existing or proposed | ||||||
24 | Metropolitan Mobility Regional Transportation Authority | ||||||
25 | Suburban Transit Access Route (STAR Line) station without a | ||||||
26 | finding that the area is classified as an industrial park |
| |||||||
| |||||||
1 | conservation area, a blighted area, a conservation area, or a | ||||||
2 | combination thereof, but only if the municipality receives | ||||||
3 | unanimous consent from the joint review board created to | ||||||
4 | review the proposed redevelopment project area. | ||||||
5 | (p-2) Notwithstanding any provision of this Act to the | ||||||
6 | contrary, on and after the effective date of this amendatory | ||||||
7 | Act of the 99th General Assembly, a redevelopment project area | ||||||
8 | may include areas within a transit facility improvement area | ||||||
9 | that has been established pursuant to Section 11-74.4-3.3 | ||||||
10 | without a finding that the area is classified as an industrial | ||||||
11 | park conservation area, a blighted area, a conservation area, | ||||||
12 | or any combination thereof. | ||||||
13 | (q) "Redevelopment project costs", except for | ||||||
14 | redevelopment project areas created pursuant to subsection | ||||||
15 | (p-1) or (p-2), means and includes the sum total of all | ||||||
16 | reasonable or necessary costs incurred or estimated to be | ||||||
17 | incurred, and any such costs incidental to a redevelopment | ||||||
18 | plan and a redevelopment project. Such costs include, without | ||||||
19 | limitation, 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
1 | Unless explicitly stated herein the cost of construction | ||||||
2 | of new privately-owned buildings shall not be an eligible | ||||||
3 | redevelopment project cost. | ||||||
4 | After November 1, 1999 (the effective date of Public Act | ||||||
5 | 91-478), none of the redevelopment project costs enumerated in | ||||||
6 | this subsection shall be eligible redevelopment project costs | ||||||
7 | if those costs would provide direct financial support to a | ||||||
8 | retail entity initiating operations in the redevelopment | ||||||
9 | project area while terminating operations at another Illinois | ||||||
10 | location within 10 miles of the redevelopment project area but | ||||||
11 | outside the boundaries of the redevelopment project area | ||||||
12 | municipality. For purposes of this paragraph, termination | ||||||
13 | means a closing of a retail operation that is directly related | ||||||
14 | to the opening of the same operation or like retail entity | ||||||
15 | owned or operated by more than 50% of the original ownership in | ||||||
16 | a redevelopment project area, but it does not mean closing an | ||||||
17 | operation for reasons beyond the control of the retail entity, | ||||||
18 | as documented by the retail entity, subject to a reasonable | ||||||
19 | finding by the municipality that the current location | ||||||
20 | contained inadequate space, had become economically obsolete, | ||||||
21 | or was no longer a viable location for the retailer or | ||||||
22 | serviceman. | ||||||
23 | No cost shall be a redevelopment project cost in a | ||||||
24 | redevelopment project area if used to demolish, remove, or | ||||||
25 | substantially modify a historic resource, after August 26, | ||||||
26 | 2008 (the effective date of Public Act 95-934), unless no |
| |||||||
| |||||||
1 | prudent and feasible alternative exists. "Historic resource" | ||||||
2 | for the purpose of this paragraph means (i) a place or | ||||||
3 | structure that is included or eligible for inclusion on the | ||||||
4 | National Register of Historic Places or (ii) a contributing | ||||||
5 | structure in a district on the National Register of Historic | ||||||
6 | Places. This paragraph does not apply to a place or structure | ||||||
7 | for which demolition, removal, or modification is subject to | ||||||
8 | review by the preservation agency of a Certified Local | ||||||
9 | Government designated as such by the National Park Service of | ||||||
10 | the United States Department of the Interior. | ||||||
11 | If a special service area has been established pursuant to | ||||||
12 | the Special Service Area Tax Act or Special Service Area Tax | ||||||
13 | Law, then any tax increment revenues derived from the tax | ||||||
14 | imposed pursuant to the Special Service Area Tax Act or | ||||||
15 | Special Service Area Tax Law may be used within the | ||||||
16 | redevelopment project area for the purposes permitted by that | ||||||
17 | Act or Law as well as the purposes permitted by this Act. | ||||||
18 | (q-1) For redevelopment project areas created pursuant to | ||||||
19 | subsection (p-1), redevelopment project costs are limited to | ||||||
20 | those costs in paragraph (q) that are related to the existing | ||||||
21 | or proposed Metropolitan Mobility Regional Transportation | ||||||
22 | Authority Suburban Transit Access Route (STAR Line) station. | ||||||
23 | (q-2) For a transit facility improvement area established | ||||||
24 | prior to, on, or after the effective date of this amendatory | ||||||
25 | Act of the 102nd General Assembly: (i) "redevelopment project | ||||||
26 | costs" means those costs described in subsection (q) that are |
| |||||||
| |||||||
1 | related to the construction, reconstruction, rehabilitation, | ||||||
2 | remodeling, or repair of any existing or proposed transit | ||||||
3 | facility, whether that facility is located within or outside | ||||||
4 | the boundaries of a redevelopment project area established | ||||||
5 | within that transit facility improvement area (and, to the | ||||||
6 | extent a redevelopment project cost is described in subsection | ||||||
7 | (q) as incurred or estimated to be incurred with respect to a | ||||||
8 | redevelopment project area, then it shall apply with respect | ||||||
9 | to such transit facility improvement area); and (ii) the | ||||||
10 | provisions of Section 11-74.4-8 regarding tax increment | ||||||
11 | allocation financing for a redevelopment project area located | ||||||
12 | in a transit facility improvement area shall apply only to the | ||||||
13 | lots, blocks, tracts and parcels of real property that are | ||||||
14 | located within the boundaries of that redevelopment project | ||||||
15 | area and not to the lots, blocks, tracts, and parcels of real | ||||||
16 | property that are located outside the boundaries of that | ||||||
17 | redevelopment project area. | ||||||
18 | (r) "State Sales Tax Boundary" means the redevelopment | ||||||
19 | project area or the amended redevelopment project area | ||||||
20 | boundaries which are determined pursuant to subsection (9) of | ||||||
21 | Section 11-74.4-8a of this Act. The Department of Revenue | ||||||
22 | shall certify pursuant to subsection (9) of Section 11-74.4-8a | ||||||
23 | the appropriate boundaries eligible for the determination of | ||||||
24 | State Sales Tax Increment. | ||||||
25 | (s) "State Sales Tax Increment" means an amount equal to | ||||||
26 | the increase in the aggregate amount of taxes paid by |
| |||||||
| |||||||
1 | retailers and servicemen, other than retailers and servicemen | ||||||
2 | subject to the Public Utilities Act, on transactions at places | ||||||
3 | of business located within a State Sales Tax Boundary pursuant | ||||||
4 | to the Retailers' Occupation Tax Act, the Use Tax Act, the | ||||||
5 | Service Use Tax Act, and the Service Occupation Tax Act, | ||||||
6 | except such portion of such increase that is paid into the | ||||||
7 | State and Local Sales Tax Reform Fund, the Local Government | ||||||
8 | Distributive Fund, the Local Government Tax Fund and the | ||||||
9 | County and Mass Transit District Fund, for as long as State | ||||||
10 | participation exists, over and above the Initial Sales Tax | ||||||
11 | Amounts, Adjusted Initial Sales Tax Amounts or the Revised | ||||||
12 | Initial Sales Tax Amounts for such taxes as certified by the | ||||||
13 | Department of Revenue and paid under those Acts by retailers | ||||||
14 | and servicemen on transactions at places of business located | ||||||
15 | within the State Sales Tax Boundary during the base year which | ||||||
16 | shall be the calendar year immediately prior to the year in | ||||||
17 | which the municipality adopted tax increment allocation | ||||||
18 | financing, less 3.0% of such amounts generated under the | ||||||
19 | Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax | ||||||
20 | Act and the Service Occupation Tax Act, which sum shall be | ||||||
21 | appropriated to the Department of Revenue to cover its costs | ||||||
22 | of administering and enforcing this Section. For purposes of | ||||||
23 | computing the aggregate amount of such taxes for base years | ||||||
24 | occurring prior to 1985, the Department of Revenue shall | ||||||
25 | compute the Initial Sales Tax Amount for such taxes and deduct | ||||||
26 | therefrom an amount equal to 4% of the aggregate amount of |
| |||||||
| |||||||
1 | taxes per year for each year the base year is prior to 1985, | ||||||
2 | but not to exceed a total deduction of 12%. The amount so | ||||||
3 | determined shall be known as the "Adjusted Initial Sales Tax | ||||||
4 | Amount". For purposes of determining the State Sales Tax | ||||||
5 | Increment the Department of Revenue shall for each period | ||||||
6 | subtract from the tax amounts received from retailers and | ||||||
7 | servicemen on transactions located in the State Sales Tax | ||||||
8 | Boundary, the certified Initial Sales Tax Amounts, Adjusted | ||||||
9 | Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts | ||||||
10 | for the Retailers' Occupation Tax Act, the Use Tax Act, the | ||||||
11 | Service Use Tax Act and the Service Occupation Tax Act. For the | ||||||
12 | State Fiscal Year 1989 this calculation shall be made by | ||||||
13 | utilizing the calendar year 1987 to determine the tax amounts | ||||||
14 | received. For the State Fiscal Year 1990, this calculation | ||||||
15 | shall be made by utilizing the period from January 1, 1988, | ||||||
16 | until September 30, 1988, to determine the tax amounts | ||||||
17 | received from retailers and servicemen, which shall have | ||||||
18 | deducted therefrom nine-twelfths of the certified Initial | ||||||
19 | Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the | ||||||
20 | Revised Initial Sales Tax Amounts as appropriate. For the | ||||||
21 | State Fiscal Year 1991, this calculation shall be made by | ||||||
22 | utilizing the period from October 1, 1988, until June 30, | ||||||
23 | 1989, to determine the tax amounts received from retailers and | ||||||
24 | servicemen, which shall have deducted therefrom nine-twelfths | ||||||
25 | of the certified Initial State Sales Tax Amounts, Adjusted | ||||||
26 | Initial Sales Tax Amounts or the Revised Initial Sales Tax |
| |||||||
| |||||||
1 | Amounts as appropriate. For every State Fiscal Year | ||||||
2 | thereafter, the applicable period shall be the 12 months | ||||||
3 | beginning July 1 and ending on June 30, to determine the tax | ||||||
4 | amounts received which shall have deducted therefrom the | ||||||
5 | certified Initial Sales Tax Amounts, Adjusted Initial Sales | ||||||
6 | Tax Amounts or the Revised Initial Sales Tax Amounts. | ||||||
7 | Municipalities intending to receive a distribution of State | ||||||
8 | Sales Tax Increment must report a list of retailers to the | ||||||
9 | Department of Revenue by October 31, 1988 and by July 31, of | ||||||
10 | each year thereafter. | ||||||
11 | (t) "Taxing districts" means counties, townships, cities | ||||||
12 | and incorporated towns and villages, school, road, park, | ||||||
13 | sanitary, mosquito abatement, forest preserve, public health, | ||||||
14 | fire protection, river conservancy, tuberculosis sanitarium | ||||||
15 | and any other municipal corporations or districts with the | ||||||
16 | power to levy taxes. | ||||||
17 | (u) "Taxing districts' capital costs" means those costs of | ||||||
18 | taxing districts for capital improvements that are found by | ||||||
19 | the municipal corporate authorities to be necessary and | ||||||
20 | directly result from the redevelopment project. | ||||||
21 | (v) As used in subsection (a) of Section 11-74.4-3 of this | ||||||
22 | Act, "vacant land" means any parcel or combination of parcels | ||||||
23 | of real property without industrial, commercial, and | ||||||
24 | residential buildings which has not been used for commercial | ||||||
25 | agricultural purposes within 5 years prior to the designation | ||||||
26 | of the redevelopment project area, unless the parcel is |
| |||||||
| |||||||
1 | included in an industrial park conservation area or the parcel | ||||||
2 | has been subdivided; provided that if the parcel was part of a | ||||||
3 | larger tract that has been divided into 3 or more smaller | ||||||
4 | tracts that were accepted for recording during the period from | ||||||
5 | 1950 to 1990, then the parcel shall be deemed to have been | ||||||
6 | subdivided, and all proceedings and actions of the | ||||||
7 | municipality taken in that connection with respect to any | ||||||
8 | previously approved or designated redevelopment project area | ||||||
9 | or amended redevelopment project area are hereby validated and | ||||||
10 | hereby declared to be legally sufficient for all purposes of | ||||||
11 | this Act. For purposes of this Section and only for land | ||||||
12 | subject to the subdivision requirements of the Plat Act, land | ||||||
13 | is subdivided when the original plat of the proposed | ||||||
14 | Redevelopment Project Area or relevant portion thereof has | ||||||
15 | been properly certified, acknowledged, approved, and recorded | ||||||
16 | or filed in accordance with the Plat Act and a preliminary | ||||||
17 | plat, if any, for any subsequent phases of the proposed | ||||||
18 | Redevelopment Project Area or relevant portion thereof has | ||||||
19 | been properly approved and filed in accordance with the | ||||||
20 | applicable ordinance of the municipality. | ||||||
21 | (w) "Annual Total Increment" means the sum of each | ||||||
22 | municipality's annual Net Sales Tax Increment and each | ||||||
23 | municipality's annual Net Utility Tax Increment. The ratio of | ||||||
24 | the Annual Total Increment of each municipality to the Annual | ||||||
25 | Total Increment for all municipalities, as most recently | ||||||
26 | calculated by the Department, shall determine the proportional |
| |||||||
| |||||||
1 | shares of the Illinois Tax Increment Fund to be distributed to | ||||||
2 | each municipality. | ||||||
3 | (x) "LEED certified" means any certification level of | ||||||
4 | construction elements by a qualified Leadership in Energy and | ||||||
5 | Environmental Design Accredited Professional as determined by | ||||||
6 | the U.S. Green Building Council. | ||||||
7 | (y) "Green Globes certified" means any certification level | ||||||
8 | of construction elements by a qualified Green Globes | ||||||
9 | Professional 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, | ||||||
16 | every municipality shall, in all its dealings with the | ||||||
17 | Metropolitan Mobility Regional Transportation Authority | ||||||
18 | established by the Metropolitan Mobility "Regional | ||||||
19 | Transportation Authority Act ", enacted by the 78th General | ||||||
20 | Assembly, have the following powers: | ||||||
21 | (a) to cooperate with the Metropolitan Mobility Regional | ||||||
22 | Transportation Authority in the exercise by the Metropolitan | ||||||
23 | Mobility Regional Transportation Authority of all the powers | ||||||
24 | granted it by the Act; |
| |||||||
| |||||||
1 | (b) to receive funds from the Metropolitan Mobility | ||||||
2 | Regional Transportation Authority upon such terms and | ||||||
3 | conditions as shall be set forth in an agreement between the | ||||||
4 | municipality and Metropolitan Mobility Authority the Suburban | ||||||
5 | Bus Board or the Commuter Rail Board , which contract or | ||||||
6 | agreement may be for such number of years or duration as they | ||||||
7 | may agree, all as provided in the Metropolitan Mobility | ||||||
8 | "Regional Transportation Authority Act " ; | ||||||
9 | (c) (blank); to receive financial grants from a Service | ||||||
10 | Board, as defined in the "Regional Transportation Authority | ||||||
11 | Act", upon such terms and conditions as shall be set forth in a | ||||||
12 | Purchase of Service Agreement or other grant contract between | ||||||
13 | the municipality and the Service Board, which contract or | ||||||
14 | agreement may be for such number of years or duration as the | ||||||
15 | Service Board and the municipality may agree, all as provided | ||||||
16 | in the "Regional Transportation Authority Act"; | ||||||
17 | (d) to acquire from the Metropolitan Mobility Authority | ||||||
18 | any public transportation facility Regional Transportation | ||||||
19 | Authority or a Service Board any Public Transportation | ||||||
20 | Facility , as defined in the Metropolitan Mobility "Regional | ||||||
21 | Transportation Authority Act " , by purchase contract, gift, | ||||||
22 | grant, exchange for other property or rights in property, | ||||||
23 | lease (or sublease) or installment or conditional purchase | ||||||
24 | contracts, which contracts or leases may provide for | ||||||
25 | consideration to be paid in annual installments during a | ||||||
26 | period not exceeding 40 years; such property may be acquired |
| |||||||
| |||||||
1 | subject to such conditions, restrictions, liens or security or | ||||||
2 | other interests of other parties as the municipality may deem | ||||||
3 | appropriate and in each case the municipality may acquire a | ||||||
4 | joint, leasehold, easement, license or other partial interest | ||||||
5 | in such property; | ||||||
6 | (e) to sell, sell by installment contract, lease (or | ||||||
7 | sublease) as lessor, or transfer to, or grant to or provide for | ||||||
8 | the use by the Metropolitan Mobility Authority any public | ||||||
9 | transportation facility Regional Transportation Authority or a | ||||||
10 | Service Board any Public Transportation Facility , as defined | ||||||
11 | in the Metropolitan Mobility "Regional Transportation | ||||||
12 | Authority Act , " upon such terms and for such consideration, or | ||||||
13 | for no consideration, as the municipality may deem proper; | ||||||
14 | (f) to cooperate with the Metropolitan Mobility Regional | ||||||
15 | Transportation Authority or a Service Board for the protection | ||||||
16 | of employees and users of public transportation facilities | ||||||
17 | against crime and also to protect such facilities; such | ||||||
18 | cooperation may include, without limitation, agreements for | ||||||
19 | the coordination of police or security forces; | ||||||
20 | (g) to file such reports with and transfer such records, | ||||||
21 | papers or documents to the Metropolitan Mobility Authority | ||||||
22 | Regional Transportation Authority or a Service Board as may be | ||||||
23 | agreed upon with, or required by, the Metropolitan Mobility | ||||||
24 | Regional Transportation Authority or a Service Board . | ||||||
25 | In exercising any of the powers granted in this Section | ||||||
26 | the municipality shall not be subject to the provisions of |
| |||||||
| |||||||
1 | this Code or any Act making public bidding or notice a | ||||||
2 | requirement for any purchase or sale by a municipality. | ||||||
3 | Notwithstanding any provision of this Code to the contrary, | ||||||
4 | every municipality may enter into purchase of service | ||||||
5 | agreements, grant agreements Purchase of Service Agreements, | ||||||
6 | grant contracts , other contracts, agreements or leases, as | ||||||
7 | provided in this Section, and may incur obligations and | ||||||
8 | expenses thereunder without making a previous appropriation | ||||||
9 | therefor. | ||||||
10 | (Source: P.A. 83-886.) | ||||||
11 | Section 8.31. The Regional Planning Act is amended by | ||||||
12 | changing Section 10 as follows: | ||||||
13 | (70 ILCS 1707/10) | ||||||
14 | Sec. 10. Definitions. | ||||||
15 | "Board" means the Board of the Chicago Metropolitan Agency | ||||||
16 | for Planning. | ||||||
17 | "CMAP" means the Chicago Metropolitan Agency for Planning. | ||||||
18 | "Chief elected county official" means the Board Chair in | ||||||
19 | DuPage, Kane, Kendall, Lake, and McHenry Counties and the | ||||||
20 | County 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 | ||||||
24 | designated under 23 U.S.C. 134. |
| |||||||
| |||||||
1 | "Members" means the members of the Board. | ||||||
2 | "Person" means an individual, partnership, firm, public or | ||||||
3 | private corporation, State agency, transportation agency, or | ||||||
4 | unit of local government. | ||||||
5 | "Policy Committee" means the decision-making body of the | ||||||
6 | MPO. | ||||||
7 | "Region" or "northeastern Illinois region" means Cook, | ||||||
8 | DuPage, Kane, Kendall, Lake, McHenry, and Will Counties. | ||||||
9 | "State agency" means "agency" as defined in Section 1-20 | ||||||
10 | of the Illinois Administrative Procedure Act. | ||||||
11 | "Transportation agency" means the Metropolitan Mobility | ||||||
12 | Regional Transportation Authority and its Service Boards; the | ||||||
13 | Illinois State Toll Highway Authority; the Illinois Department | ||||||
14 | of Transportation; and the transportation functions of units | ||||||
15 | of local government. | ||||||
16 | "Unit of local government" means a unit of local | ||||||
17 | government, as defined in Section 1 of Article VII of the | ||||||
18 | Illinois Constitution, that is located within the jurisdiction | ||||||
19 | and area of operation of the Board. | ||||||
20 | "USDOT" means the United States Department of | ||||||
21 | Transportation. | ||||||
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 | ||||||
25 | repealed. |
| |||||||
| |||||||
1 | Section 8.33. The Local Mass Transit District Act is | ||||||
2 | amended 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 | ||||||
5 | amended, a "Local Mass Transit District" may be created with | ||||||
6 | boundary to enclose a unit area of contiguous land, to be known | ||||||
7 | as the "participating area". Such a "participating area" may | ||||||
8 | be organized as a district under this Act without regard to | ||||||
9 | boundaries of counties or other political subdivisions or | ||||||
10 | municipal corporations. | ||||||
11 | (a) Any 500 or more legal voters who are residents within | ||||||
12 | such "participating area" may file a petition in the circuit | ||||||
13 | court of the county where the proposed district or a major part | ||||||
14 | thereof is located, asking that the question of creating such | ||||||
15 | district be submitted under this Act by referendum to the | ||||||
16 | voters residing within the proposed district. By their power | ||||||
17 | of attorney signed by them and filed in the cause the | ||||||
18 | petitioners may authorize a committee of their number named by | ||||||
19 | the petitioners, to conduct and pursue the cause for them to a | ||||||
20 | conclusion. Such petition shall define the boundaries of the | ||||||
21 | proposed district, shall indicate distances to nearest mass | ||||||
22 | transportation lines in each direction, naming them, shall | ||||||
23 | have attached a fair map of the proposed district, and shall | ||||||
24 | suggest a name for the proposed district. |
| |||||||
| |||||||
1 | (b) The circuit clerk shall present to the circuit judge | ||||||
2 | any petition so filed in the court. The judge shall enter an | ||||||
3 | order of record to set a date, hour and place for judicial | ||||||
4 | hearing on the petition. That order shall include instructions | ||||||
5 | to the circuit clerk to give notice by newspaper publication | ||||||
6 | to be made and completed at least 20 days before the hearing is | ||||||
7 | to be held, in 2 or more newspapers published or circulating | ||||||
8 | generally among the people residing within the proposed | ||||||
9 | district. The circuit clerk shall prepare that notice and | ||||||
10 | cause such publication notice to be given as directed. | ||||||
11 | (c) After proof of such newspaper publication of notice | ||||||
12 | has been made and filed in the cause and shown to the court in | ||||||
13 | full accord with the prior order, the circuit judge shall hear | ||||||
14 | all persons who attend and so request, as to location and | ||||||
15 | boundary and name for the proposed district. After the hearing | ||||||
16 | on such petition is completed, the circuit court by an order of | ||||||
17 | record, shall determine and establish the location, name and | ||||||
18 | boundary for such proposed district, and shall order the | ||||||
19 | proposition submitted at an election in accordance with the | ||||||
20 | general election law to the voters resident within such | ||||||
21 | proposed district. The circuit clerk shall certify the | ||||||
22 | proposition to the proper election officials who shall submit | ||||||
23 | the proposition in accordance with the general election law. | ||||||
24 | (d) The county clerk shall canvass the ballots and other | ||||||
25 | returns from such referendum, and prepare a full certification | ||||||
26 | of the result and shall file same in the cause pending in the |
| |||||||
| |||||||
1 | circuit court. When the vote is in favor of the creation of | ||||||
2 | such district as determined by the court order, a true map of | ||||||
3 | such district shall be filed with such report in the circuit | ||||||
4 | court. | ||||||
5 | (e) When the vote is in favor of creation of such district, | ||||||
6 | the circuit court by an order of record shall confirm the | ||||||
7 | result of election. If the district is wholly contained within | ||||||
8 | a single county the presiding officer of the county board with | ||||||
9 | the advice and consent of the county board shall appoint 5 | ||||||
10 | trustees, not more than 3 of whom shall be affiliated with the | ||||||
11 | same political party, to govern the district and serve one | ||||||
12 | each for 1, 2, 3, 4 and 5 years respectively; upon the | ||||||
13 | expiration of the term of a trustee who is in office on the | ||||||
14 | effective date of this amendatory Act of 1989, the successor | ||||||
15 | shall, at the time of the appointment, and thereafter at all | ||||||
16 | times while serving as trustee, be a resident of the Mass | ||||||
17 | Transit District for which such person is appointed as | ||||||
18 | trustee. If a trustee removes his residence to a place outside | ||||||
19 | of the District, a trustee shall be appointed in the same | ||||||
20 | manner as herein provided to take the place of the trustee who | ||||||
21 | so removed his residence. If however the district is located | ||||||
22 | in more than one county, the number of trustees who are | ||||||
23 | residents of a county shall be in proportion, as nearly as | ||||||
24 | practicable, to the number of residents of the district who | ||||||
25 | reside in that county in relation to the total population of | ||||||
26 | the district. |
| |||||||
| |||||||
1 | Upon the expiration of the term of a trustee who is in | ||||||
2 | office on the effective date of this amendatory Act of 1975, | ||||||
3 | the successor shall be a resident of whichever county is | ||||||
4 | entitled to such representation in order to bring about the | ||||||
5 | proportional representation required herein, and he shall be | ||||||
6 | appointed by the county board of that county, or in the case of | ||||||
7 | a home rule county as defined by Article VII, Section 6 of the | ||||||
8 | Constitution of 1970, the chief executive officer of that | ||||||
9 | county, with the advice and consent of the county board in | ||||||
10 | accordance with the provisions previously enumerated. | ||||||
11 | Successors shall serve 5 year overlapping terms. | ||||||
12 | Thereafter, each trustee shall be succeeded by a resident | ||||||
13 | of the same county who shall be appointed by the same | ||||||
14 | appointing authority; however, the provisions of the preceding | ||||||
15 | paragraph shall apply to the appointment of the successor to | ||||||
16 | each trustee who is in office at the time of the publication of | ||||||
17 | each decennial Federal census of population. | ||||||
18 | (f) Upon the creation of such district, the circuit clerk | ||||||
19 | shall prepare and certify a copy of the final court order | ||||||
20 | confirming the referendum creating the district, and a | ||||||
21 | duplicate of the map of such district, from the record of the | ||||||
22 | circuit court, and shall file the same with the county clerk | ||||||
23 | for recording in his office as "Certificate of Incorporation" | ||||||
24 | for the district. The county clerk shall cause a duplicate of | ||||||
25 | such "Certificate of Incorporation" to be filed in the office | ||||||
26 | of the Secretary of State of Illinois. |
| |||||||
| |||||||
1 | (g) The Board of Trustees of such "Local Mass Transit | ||||||
2 | District" shall have and exercise all the powers and shall | ||||||
3 | perform all the duties of any Board of Trustees of any district | ||||||
4 | created under this Act, as now or hereafter amended. | ||||||
5 | (h) The circuit court shall require the petitioners to | ||||||
6 | post a surety bond for the payment of all costs and expenses of | ||||||
7 | such proceeding and such referendum. When a district is | ||||||
8 | created, the circuit court shall order the district to pay or | ||||||
9 | reimburse others for all such costs and expenses. The surety | ||||||
10 | bond shall not be released until complete receipts for all | ||||||
11 | such costs and expenses have been filed in the cause and fully | ||||||
12 | audited by the circuit and county clerks. | ||||||
13 | (i) If the District is wholly contained within a single | ||||||
14 | county, the County Board of such county may, by resolution, | ||||||
15 | provide that, effective upon the next appointment of a | ||||||
16 | Trustee, after the effective date of this amendatory Act of | ||||||
17 | 1989, that the Board of Trustees of such Mass Transit District | ||||||
18 | shall be comprised of 7 Trustees, with no more than 4 members | ||||||
19 | of the same political party. This Subsection shall not apply | ||||||
20 | to any Mass Transit District in the State which receives | ||||||
21 | funding in whole or in part from the Metropolitan Mobility | ||||||
22 | Authority Regional Transportation Authority or any of its | ||||||
23 | service boards . | ||||||
24 | (Source: P.A. 86-472.) | ||||||
25 | (70 ILCS 3610/5.05) (from Ch. 111 2/3, par. 355.05) |
| |||||||
| |||||||
1 | Sec. 5.05. In addition to all its other powers, each | ||||||
2 | District shall, in all its dealings with the Metropolitan | ||||||
3 | Mobility Regional Transportation Authority established by the | ||||||
4 | Metropolitan Mobility "Regional Transportation Authority Act ", | ||||||
5 | enacted by the 78th General Assembly, have the following | ||||||
6 | powers: | ||||||
7 | (a) to cooperate with the Metropolitan Mobility Regional | ||||||
8 | Transportation Authority in the exercise by the Metropolitan | ||||||
9 | Mobility Regional Transportation Authority of all the powers | ||||||
10 | granted it by such Act; | ||||||
11 | (b) to receive funds from the Metropolitan Mobility | ||||||
12 | Regional Transportation Authority upon such terms and | ||||||
13 | conditions as shall be set forth in an agreement between the | ||||||
14 | District and the Metropolitan Mobility Regional Transportation | ||||||
15 | Authority, which contract or agreement may be for such number | ||||||
16 | of years or duration as the Authority and the District may | ||||||
17 | agree, all as provided in the Metropolitan Mobility "Regional | ||||||
18 | Transportation Authority Act " ; | ||||||
19 | (c) (blank); to receive financial grants from a Service | ||||||
20 | Board, as defined in the "Regional Transportation Authority | ||||||
21 | Act", upon such terms and conditions as shall be set forth in a | ||||||
22 | Purchase of Service Agreement or other grant contact between | ||||||
23 | the District and the Service Board, which contract or | ||||||
24 | agreement may be for such number of years or duration as the | ||||||
25 | Service Board and the District may agree, all as provided in | ||||||
26 | the "Regional Transportation Authority Act"; |
| |||||||
| |||||||
1 | (d) to acquire from the Metropolitan Mobility Authority | ||||||
2 | any public transportation facility Regional Transportation | ||||||
3 | Authority or Service Board any Public Transportation Facility , | ||||||
4 | as defined in the Metropolitan Mobility "Regional | ||||||
5 | Transportation Authority Act " , by purchase contract, gift, | ||||||
6 | grant, exchange for other property or rights in property, | ||||||
7 | lease (or sublease) or installment or conditional purchase | ||||||
8 | contracts, which contracts or leases may provide for | ||||||
9 | consideration to be paid in annual installments during a | ||||||
10 | period not exceeding 40 years; such property may be acquired | ||||||
11 | subject to such conditions, restrictions, liens or security or | ||||||
12 | other interests of other parties as the District may deem | ||||||
13 | appropriate and in each case the District may acquire a joint, | ||||||
14 | leasehold, easement, license or other partial interest in such | ||||||
15 | property; | ||||||
16 | (e) to sell, sell by installment contract, lease (or | ||||||
17 | sublease) as lessor, or transfer to, or grant to or provide for | ||||||
18 | the use by the Metropolitan Mobility Authority any public | ||||||
19 | transportation facility Regional Transportation Authority or a | ||||||
20 | Service Board any Public Transportation Facility , as defined | ||||||
21 | in the Metropolitan Mobility "Regional Transportation | ||||||
22 | Authority Act , " upon such terms and for such consideration , as | ||||||
23 | the District may deem proper; | ||||||
24 | (f) to cooperate with the Metropolitan Mobility Authority | ||||||
25 | Regional Transportation Authority or a Service Board for the | ||||||
26 | protection of employees of the District and users of public |
| |||||||
| |||||||
1 | transportation facilities against crime and also to protect | ||||||
2 | such facilities, but neither the District, the member of its | ||||||
3 | Board nor its officers or employees shall be held liable for | ||||||
4 | failure to provide a security or police force, or, if a | ||||||
5 | security or police force is provided, for failure to provide | ||||||
6 | adequate police protection or security, failure to prevent the | ||||||
7 | commission of crimes by fellow passengers or other third | ||||||
8 | persons or for the failure to apprehend criminals; and | ||||||
9 | (g) to file such reports with and transfer such records, | ||||||
10 | papers or documents to the Metropolitan Mobility Authority | ||||||
11 | Regional Transportation Authority or a Service Board as may be | ||||||
12 | agreed upon with, or required by, the Metropolitan Mobility | ||||||
13 | Authority Regional Transportation Authority or a Service | ||||||
14 | Board . | ||||||
15 | In exercising any of the powers granted in this Section, | ||||||
16 | the District shall not be subject to the provisions of any Act | ||||||
17 | making public bidding or notice a requirement of any purchase | ||||||
18 | or 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 | ||||||
22 | annexation under this Act, any territory, except property | ||||||
23 | classified as farmland, which (1) lies within the corporate | ||||||
24 | limits of a municipality as defined in this Act, (2) is | ||||||
25 | contiguous to a local mass transit district organized under |
| |||||||
| |||||||
1 | this Act, and (3) is not a part of another local mass transit | ||||||
2 | district, may be annexed by the contiguous local mass transit | ||||||
3 | district, by ordinance, after a public hearing has been held | ||||||
4 | thereon by the board of trustees of the district at a location | ||||||
5 | within the territory sought to be annexed, or within 1 mile of | ||||||
6 | any part of the territory sought to be annexed. The annexing | ||||||
7 | district shall cause to be published three times in a | ||||||
8 | newspaper having general circulation within the area | ||||||
9 | considered for annexation, at least 30 days prior to the | ||||||
10 | public hearing thereon, a notice that the local mass transit | ||||||
11 | district is considering the annexation of the territory | ||||||
12 | specified. The notice shall also state the date, time and | ||||||
13 | place of the public hearing. The annexing district shall cause | ||||||
14 | to be delivered to each owner of a parcel of land which is 5 or | ||||||
15 | more acres, which land is proposed to be annexed in whole or in | ||||||
16 | part, a written notice containing the information required to | ||||||
17 | be included in the published notice. The notice shall be | ||||||
18 | delivered by first class mail so that said notice arrives 30 | ||||||
19 | days in advance of the public hearing. The board of trustees of | ||||||
20 | the district shall give due consideration to all testimony. | ||||||
21 | For the purposes of this Section "property classified as | ||||||
22 | farmland" shall mean property classified as farmland for | ||||||
23 | assessment purposes pursuant to the Property Tax Code. This | ||||||
24 | Section shall not apply to any mass transit district in the | ||||||
25 | State which receives funding in whole or in part from the | ||||||
26 | Metropolitan Mobility Authority Regional Transportation |
| |||||||
| |||||||
1 | Authority 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 | ||||||
5 | repealed. | ||||||
6 | Section 8.35. The Water Commission Act of 1985 is amended | ||||||
7 | by 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 | ||||||
11 | commission may, by ordinance, impose throughout the territory | ||||||
12 | of the commission any or all of the taxes provided in this | ||||||
13 | Section for its corporate purposes. However, no county water | ||||||
14 | commission may impose any such tax unless the commission | ||||||
15 | certifies the proposition of imposing the tax to the proper | ||||||
16 | election officials, who shall submit the proposition to the | ||||||
17 | voters residing in the territory at an election in accordance | ||||||
18 | with the general election law, and the proposition has been | ||||||
19 | approved by a majority of those voting on the proposition. | ||||||
20 | The proposition shall be in the form provided in Section 5 | ||||||
21 | or shall be substantially in the following form: | ||||||
22 | -------------
| ||||||
23 | Shall the (insert corporate
|
| |||||||
| |||||||
1 | name of county water commission) YES
| ||||||
2 | impose (state type of tax or ------------------------
| ||||||
3 | taxes to be imposed) at the NO
| ||||||
4 | rate of 1/4%?
| ||||||
5 | ------------------------------------------------------------- | ||||||
6 | Taxes imposed under this Section and civil penalties | ||||||
7 | imposed incident thereto shall be collected and enforced by | ||||||
8 | the State Department of Revenue. The Department shall have the | ||||||
9 | power to administer and enforce the taxes and to determine all | ||||||
10 | rights for refunds for erroneous payments of the taxes. | ||||||
11 | (b) The board of commissioners may impose a County Water | ||||||
12 | Commission Retailers' Occupation Tax upon all persons engaged | ||||||
13 | in the business of selling tangible personal property at | ||||||
14 | retail in the territory of the commission at a rate of 1/4% of | ||||||
15 | the gross receipts from the sales made in the course of such | ||||||
16 | business within the territory. Beginning January 1, 2021, this | ||||||
17 | tax is not imposed on sales of aviation fuel for so long as the | ||||||
18 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
19 | 47133 are binding on the District. | ||||||
20 | The tax imposed under this paragraph and all civil | ||||||
21 | penalties that may be assessed as an incident thereof shall be | ||||||
22 | collected and enforced by the State Department of Revenue. The | ||||||
23 | Department shall have full power to administer and enforce | ||||||
24 | this paragraph; to collect all taxes and penalties due | ||||||
25 | hereunder; to dispose of taxes and penalties so collected in | ||||||
26 | the manner hereinafter provided; and to determine all rights |
| |||||||
| |||||||
1 | to credit memoranda arising on account of the erroneous | ||||||
2 | payment of tax or penalty hereunder. In the administration of, | ||||||
3 | and compliance with, this paragraph, the Department and | ||||||
4 | persons who are subject to this paragraph shall have the same | ||||||
5 | rights, remedies, privileges, immunities, powers and duties, | ||||||
6 | and be subject to the same conditions, restrictions, | ||||||
7 | limitations, penalties, exclusions, exemptions and definitions | ||||||
8 | of terms, and employ the same modes of procedure, as are | ||||||
9 | prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 | ||||||
10 | through 2-65 (in respect to all provisions therein other than | ||||||
11 | the State rate of tax except that tangible personal property | ||||||
12 | taxed at the 1% rate under the Retailers' Occupation Tax Act | ||||||
13 | shall not be subject to tax hereunder), 2c, 3 (except as to the | ||||||
14 | disposition of taxes and penalties collected, and except that | ||||||
15 | the retailer's discount is not allowed for taxes paid on | ||||||
16 | aviation fuel sold on or after December 1, 2019 and through | ||||||
17 | December 31, 2020), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, | ||||||
18 | 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of | ||||||
19 | the Retailers' Occupation Tax Act and Section 3-7 of the | ||||||
20 | Uniform Penalty and Interest Act, as fully as if those | ||||||
21 | provisions were set forth herein. | ||||||
22 | Persons subject to any tax imposed under the authority | ||||||
23 | granted in this paragraph may reimburse themselves for their | ||||||
24 | seller's tax liability hereunder by separately stating the tax | ||||||
25 | as an additional charge, which charge may be stated in | ||||||
26 | combination, in a single amount, with State taxes that sellers |
| |||||||
| |||||||
1 | are required to collect under the Use Tax Act and under | ||||||
2 | subsection (e) of Section 6.02 4.03 of the Metropolitan | ||||||
3 | Mobility Regional Transportation Authority Act, in accordance | ||||||
4 | with such bracket schedules as the Department may prescribe. | ||||||
5 | Whenever the Department determines that a refund should be | ||||||
6 | made under this paragraph to a claimant instead of issuing a | ||||||
7 | credit memorandum, the Department shall notify the State | ||||||
8 | Comptroller, who shall cause the warrant to be drawn for the | ||||||
9 | amount specified, and to the person named, in the notification | ||||||
10 | from the Department. The refund shall be paid by the State | ||||||
11 | Treasurer out of a county water commission tax fund | ||||||
12 | established under subsection (g) of this Section. | ||||||
13 | For the purpose of determining whether a tax authorized | ||||||
14 | under this paragraph is applicable, a retail sale by a | ||||||
15 | producer of coal or other mineral mined in Illinois is a sale | ||||||
16 | at retail at the place where the coal or other mineral mined in | ||||||
17 | Illinois is extracted from the earth. This paragraph does not | ||||||
18 | apply to coal or other mineral when it is delivered or shipped | ||||||
19 | by the seller to the purchaser at a point outside Illinois so | ||||||
20 | that the sale is exempt under the Federal Constitution as a | ||||||
21 | sale in interstate or foreign commerce. | ||||||
22 | If a tax is imposed under this subsection (b), a tax shall | ||||||
23 | also be imposed under subsections (c) and (d) of this Section. | ||||||
24 | No tax shall be imposed or collected under this subsection | ||||||
25 | on the sale of a motor vehicle in this State to a resident of | ||||||
26 | another state if that motor vehicle will not be titled in this |
| |||||||
| |||||||
1 | State. | ||||||
2 | Nothing in this paragraph shall be construed to authorize | ||||||
3 | a county water commission to impose a tax upon the privilege of | ||||||
4 | engaging in any business which under the Constitution of the | ||||||
5 | United States may not be made the subject of taxation by this | ||||||
6 | State. | ||||||
7 | (c) If a tax has been imposed under subsection (b), a | ||||||
8 | County Water Commission Service Occupation Tax shall also be | ||||||
9 | imposed upon all persons engaged, in the territory of the | ||||||
10 | commission, in the business of making sales of service, who, | ||||||
11 | as an incident to making the sales of service, transfer | ||||||
12 | tangible personal property within the territory. The tax rate | ||||||
13 | shall be 1/4% of the selling price of tangible personal | ||||||
14 | property so transferred within the territory. Beginning | ||||||
15 | January 1, 2021, this tax is not imposed on sales of aviation | ||||||
16 | fuel for so long as the revenue use requirements of 49 U.S.C. | ||||||
17 | 47107(b) and 49 U.S.C. 47133 are binding on the District. | ||||||
18 | The tax imposed under this paragraph and all civil | ||||||
19 | penalties that may be assessed as an incident thereof shall be | ||||||
20 | collected and enforced by the State Department of Revenue. The | ||||||
21 | Department shall have full power to administer and enforce | ||||||
22 | this paragraph; to collect all taxes and penalties due | ||||||
23 | hereunder; to dispose of taxes and penalties so collected in | ||||||
24 | the manner hereinafter provided; and to determine all rights | ||||||
25 | to credit memoranda arising on account of the erroneous | ||||||
26 | payment of tax or penalty hereunder. In the administration of, |
| |||||||
| |||||||
1 | and compliance with, this paragraph, the Department and | ||||||
2 | persons who are subject to this paragraph shall have the same | ||||||
3 | rights, remedies, privileges, immunities, powers and duties, | ||||||
4 | and be subject to the same conditions, restrictions, | ||||||
5 | limitations, penalties, exclusions, exemptions and definitions | ||||||
6 | of terms, and employ the same modes of procedure, as are | ||||||
7 | prescribed in Sections 1a-1, 2 (except that the reference to | ||||||
8 | State in the definition of supplier maintaining a place of | ||||||
9 | business in this State shall mean the territory of the | ||||||
10 | commission), 2a, 3 through 3-50 (in respect to all provisions | ||||||
11 | therein other than the State rate of tax except that tangible | ||||||
12 | personal property taxed at the 1% rate under the Service | ||||||
13 | Occupation Tax Act shall not be subject to tax hereunder), 4 | ||||||
14 | (except that the reference to the State shall be to the | ||||||
15 | territory of the commission), 5, 7, 8 (except that the | ||||||
16 | jurisdiction to which the tax shall be a debt to the extent | ||||||
17 | indicated in that Section 8 shall be the commission), 9 | ||||||
18 | (except as to the disposition of taxes and penalties collected | ||||||
19 | and except that the returned merchandise credit for this tax | ||||||
20 | may not be taken against any State tax, and except that the | ||||||
21 | retailer's discount is not allowed for taxes paid on aviation | ||||||
22 | fuel sold on or after December 1, 2019 and through December 31, | ||||||
23 | 2020), 10, 11, 12 (except the reference therein to Section 2b | ||||||
24 | of the Retailers' Occupation Tax Act), 13 (except that any | ||||||
25 | reference to the State shall mean the territory of the | ||||||
26 | commission), the first paragraph of Section 15, 15.5, 16, 17, |
| |||||||
| |||||||
1 | 18, 19, and 20 of the Service Occupation Tax Act as fully as if | ||||||
2 | those provisions were set forth herein. | ||||||
3 | Persons subject to any tax imposed under the authority | ||||||
4 | granted in this paragraph may reimburse themselves for their | ||||||
5 | serviceman's tax liability hereunder by separately stating the | ||||||
6 | tax as an additional charge, which charge may be stated in | ||||||
7 | combination, in a single amount, with State tax that | ||||||
8 | servicemen are authorized to collect under the Service Use Tax | ||||||
9 | Act, and any tax for which servicemen may be liable under | ||||||
10 | subsection (m) of Section 6.02 (f) of Section 4.03 of the | ||||||
11 | Metropolitan Mobility Regional Transportation Authority Act, | ||||||
12 | in accordance with such bracket schedules as the Department | ||||||
13 | may prescribe. | ||||||
14 | Whenever the Department determines that a refund should be | ||||||
15 | made under this paragraph to a claimant instead of issuing a | ||||||
16 | credit memorandum, the Department shall notify the State | ||||||
17 | Comptroller, who shall cause the warrant to be drawn for the | ||||||
18 | amount specified, and to the person named, in the notification | ||||||
19 | from the Department. The refund shall be paid by the State | ||||||
20 | Treasurer out of a county water commission tax fund | ||||||
21 | established under subsection (g) of this Section. | ||||||
22 | Nothing in this paragraph shall be construed to authorize | ||||||
23 | a county water commission to impose a tax upon the privilege of | ||||||
24 | engaging in any business which under the Constitution of the | ||||||
25 | United States may not be made the subject of taxation by the | ||||||
26 | State. |
| |||||||
| |||||||
1 | (d) If a tax has been imposed under subsection (b), a tax | ||||||
2 | shall also be imposed upon the privilege of using, in the | ||||||
3 | territory of the commission, any item of tangible personal | ||||||
4 | property that is purchased outside the territory at retail | ||||||
5 | from a retailer, and that is titled or registered with an | ||||||
6 | agency of this State's government, at a rate of 1/4% of the | ||||||
7 | selling price of the tangible personal property within the | ||||||
8 | territory, as "selling price" is defined in the Use Tax Act. | ||||||
9 | The tax shall be collected from persons whose Illinois address | ||||||
10 | for titling or registration purposes is given as being in the | ||||||
11 | territory. The tax shall be collected by the Department of | ||||||
12 | Revenue for a county water commission. The tax must be paid to | ||||||
13 | the State, or an exemption determination must be obtained from | ||||||
14 | the Department of Revenue, before the title or certificate of | ||||||
15 | registration for the property may be issued. The tax or proof | ||||||
16 | of exemption may be transmitted to the Department by way of the | ||||||
17 | State agency with which, or the State officer with whom, the | ||||||
18 | tangible personal property must be titled or registered if the | ||||||
19 | Department and the State agency or State officer determine | ||||||
20 | that this procedure will expedite the processing of | ||||||
21 | applications for title or registration. | ||||||
22 | The Department shall have full power to administer and | ||||||
23 | enforce this paragraph; to collect all taxes, penalties, and | ||||||
24 | interest due hereunder; to dispose of taxes, penalties, and | ||||||
25 | interest so collected in the manner hereinafter provided; and | ||||||
26 | to determine all rights to credit memoranda or refunds arising |
| |||||||
| |||||||
1 | on account of the erroneous payment of tax, penalty, or | ||||||
2 | interest hereunder. In the administration of and compliance | ||||||
3 | with this paragraph, the Department and persons who are | ||||||
4 | subject to this paragraph shall have the same rights, | ||||||
5 | remedies, privileges, immunities, powers, and duties, and be | ||||||
6 | subject to the same conditions, restrictions, limitations, | ||||||
7 | penalties, exclusions, exemptions, and definitions of terms | ||||||
8 | and employ the same modes of procedure, as are prescribed in | ||||||
9 | Sections 2 (except the definition of "retailer maintaining a | ||||||
10 | place of business in this State"), 3 through 3-80 (except | ||||||
11 | provisions pertaining to the State rate of tax, and except | ||||||
12 | provisions concerning collection or refunding of the tax by | ||||||
13 | retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions | ||||||
14 | pertaining to claims by retailers and except the last | ||||||
15 | paragraph concerning refunds), 20, 21, and 22 of the Use Tax | ||||||
16 | Act and Section 3-7 of the Uniform Penalty and Interest Act | ||||||
17 | that are not inconsistent with this paragraph, as fully as if | ||||||
18 | those provisions were set forth herein. | ||||||
19 | Whenever the Department determines that a refund should be | ||||||
20 | made under this paragraph to a claimant instead of issuing a | ||||||
21 | credit memorandum, the Department shall notify the State | ||||||
22 | Comptroller, who shall cause the order to be drawn for the | ||||||
23 | amount specified, and to the person named, in the notification | ||||||
24 | from the Department. The refund shall be paid by the State | ||||||
25 | Treasurer out of a county water commission tax fund | ||||||
26 | established under subsection (g) of this Section. |
| |||||||
| |||||||
1 | (e) A certificate of registration issued by the State | ||||||
2 | Department of Revenue to a retailer under the Retailers' | ||||||
3 | Occupation Tax Act or under the Service Occupation Tax Act | ||||||
4 | shall permit the registrant to engage in a business that is | ||||||
5 | taxed under the tax imposed under subsection (b), (c), or (d) | ||||||
6 | of this Section and no additional registration shall be | ||||||
7 | required under the tax. A certificate issued under the Use Tax | ||||||
8 | Act or the Service Use Tax Act shall be applicable with regard | ||||||
9 | to any tax imposed under subsection (c) of this Section. | ||||||
10 | (f) Any ordinance imposing or discontinuing any tax under | ||||||
11 | this Section shall be adopted and a certified copy thereof | ||||||
12 | filed with the Department on or before June 1, whereupon the | ||||||
13 | Department of Revenue shall proceed to administer and enforce | ||||||
14 | this Section on behalf of the county water commission as of | ||||||
15 | September 1 next following the adoption and filing. Beginning | ||||||
16 | January 1, 1992, an ordinance or resolution imposing or | ||||||
17 | discontinuing the tax hereunder shall be adopted and a | ||||||
18 | certified copy thereof filed with the Department on or before | ||||||
19 | the first day of July, whereupon the Department shall proceed | ||||||
20 | to administer and enforce this Section as of the first day of | ||||||
21 | October next following such adoption and filing. Beginning | ||||||
22 | January 1, 1993, an ordinance or resolution imposing or | ||||||
23 | discontinuing the tax hereunder shall be adopted and a | ||||||
24 | certified copy thereof filed with the Department on or before | ||||||
25 | the first day of October, whereupon the Department shall | ||||||
26 | proceed to administer and enforce this Section as of the first |
| |||||||
| |||||||
1 | day of January next following such adoption and filing. | ||||||
2 | (g) The State Department of Revenue shall, upon collecting | ||||||
3 | any taxes as provided in this Section, pay the taxes over to | ||||||
4 | the State Treasurer as trustee for the commission. The taxes | ||||||
5 | shall be held in a trust fund outside the State treasury | ||||||
6 | Treasury . | ||||||
7 | As soon as possible after the first day of each month, | ||||||
8 | beginning January 1, 2011, upon certification of the | ||||||
9 | Department of Revenue, the Comptroller shall order | ||||||
10 | transferred, and the Treasurer shall transfer, to the STAR | ||||||
11 | Bonds Revenue Fund the local sales tax increment, as defined | ||||||
12 | in the Innovation Development and Economy Act, collected under | ||||||
13 | this Section during the second preceding calendar month for | ||||||
14 | sales within a STAR bond district. | ||||||
15 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
16 | on or before the 25th day of each calendar month, the State | ||||||
17 | Department of Revenue shall prepare and certify to the | ||||||
18 | Comptroller of the State of Illinois the amount to be paid to | ||||||
19 | the commission, which shall be the amount (not including | ||||||
20 | credit memoranda) collected under this Section during the | ||||||
21 | second preceding calendar month by the Department plus an | ||||||
22 | amount the Department determines is necessary to offset any | ||||||
23 | amounts that were erroneously paid to a different taxing body, | ||||||
24 | and not including any amount equal to the amount of refunds | ||||||
25 | made during the second preceding calendar month by the | ||||||
26 | Department on behalf of the commission, and not including any |
| |||||||
| |||||||
1 | amount that the Department determines is necessary to offset | ||||||
2 | any amounts that were payable to a different taxing body but | ||||||
3 | were erroneously paid to the commission, and less any amounts | ||||||
4 | that are transferred to the STAR Bonds Revenue Fund, less 1.5% | ||||||
5 | of the remainder, which shall be transferred into the Tax | ||||||
6 | Compliance and Administration Fund. The Department, at the | ||||||
7 | time of each monthly disbursement to the commission, shall | ||||||
8 | prepare and certify to the State Comptroller the amount to be | ||||||
9 | transferred into the Tax Compliance and Administration Fund | ||||||
10 | under this subsection. Within 10 days after receipt by the | ||||||
11 | Comptroller of the certification of the amount to be paid to | ||||||
12 | the commission and the Tax Compliance and Administration Fund, | ||||||
13 | the Comptroller shall cause an order to be drawn for the | ||||||
14 | payment for the amount in accordance with the direction in the | ||||||
15 | certification. | ||||||
16 | (h) Beginning June 1, 2016, any tax imposed pursuant to | ||||||
17 | this Section may no longer be imposed or collected, unless a | ||||||
18 | continuation of the tax is approved by the voters at a | ||||||
19 | referendum as set forth in this Section. | ||||||
20 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
21 | 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, eff. | ||||||
22 | 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19.) | ||||||
23 | Section 8.36. The School Code is amended by changing | ||||||
24 | Sections 29-5 and 34-4 as follows: |
| |||||||
| |||||||
1 | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) | ||||||
2 | Sec. 29-5. Reimbursement by State for transportation. Any | ||||||
3 | school district or State-authorized charter school, | ||||||
4 | maintaining a school, transporting resident pupils to another | ||||||
5 | school district's vocational program, offered through a joint | ||||||
6 | agreement approved by the State Board of Education, as | ||||||
7 | provided in Section 10-22.22 or transporting its resident | ||||||
8 | pupils to a school which meets the standards for recognition | ||||||
9 | as established by the State Board of Education which provides | ||||||
10 | transportation meeting the standards of safety, comfort, | ||||||
11 | convenience, efficiency and operation prescribed by the State | ||||||
12 | Board of Education for resident pupils in kindergarten or any | ||||||
13 | of grades 1 through 12 who: (a) reside at least 1 1/2 miles as | ||||||
14 | measured by the customary route of travel, from the school | ||||||
15 | attended; or (b) reside in areas where conditions are such | ||||||
16 | that walking constitutes a hazard to the safety of the child | ||||||
17 | when determined under Section 29-3; and (c) are transported to | ||||||
18 | the school attended from pick-up points at the beginning of | ||||||
19 | the school day and back again at the close of the school day or | ||||||
20 | transported to and from their assigned attendance centers | ||||||
21 | during the school day shall be reimbursed by the State as | ||||||
22 | hereinafter provided in this Section. | ||||||
23 | The State will pay the prorated allowable cost of | ||||||
24 | transporting eligible pupils less the real equalized assessed | ||||||
25 | valuation as computed under paragraph (3) of subsection (d) of | ||||||
26 | Section 18-8.15 in a dual school district maintaining |
| |||||||
| |||||||
1 | secondary grades 9 to 12 inclusive times a qualifying rate of | ||||||
2 | .05%; in elementary school districts maintaining grades K to 8 | ||||||
3 | times a qualifying rate of .06%; and in unit districts | ||||||
4 | maintaining grades K to 12, including partial elementary unit | ||||||
5 | districts formed pursuant to Article 11E, times a qualifying | ||||||
6 | rate of .07%. For a State-authorized charter school, the State | ||||||
7 | shall pay the prorated allowable cost of transporting eligible | ||||||
8 | pupils less a real equalized assessed valuation calculated | ||||||
9 | pursuant to this Section times a qualifying rate. For purposes | ||||||
10 | of calculating the real equalized assessed valuation for a | ||||||
11 | State-authorized charter school whose resident district is not | ||||||
12 | a school district organized under Article 34 of this Code, the | ||||||
13 | State Board of Education shall calculate the average of the | ||||||
14 | number of students in grades kindergarten through 12 reported | ||||||
15 | as enrolled in the charter school in the State Board's Student | ||||||
16 | Information System on October 1 and March 1 of the immediately | ||||||
17 | preceding school year. That value shall be divided by the | ||||||
18 | average of the number of students in grades kindergarten | ||||||
19 | through 12 reported as enrolled in the charter school's | ||||||
20 | resident district on October 1 and March 1 of the immediately | ||||||
21 | preceding school year. That proportion shall be multiplied by | ||||||
22 | the real equalized assessed valuation as computed under | ||||||
23 | paragraph (3) of subsection (d) of Section 18-8.15 for each | ||||||
24 | State-authorized charter school's applicable resident | ||||||
25 | district. A State-authorized charter school whose resident | ||||||
26 | district is organized under Article 34 of this Code shall have |
| |||||||
| |||||||
1 | a real equalized assessed valuation equal to the real | ||||||
2 | equalized assessed valuation of its resident district as | ||||||
3 | computed under paragraph (3) of subsection (d) of Section | ||||||
4 | 18-8.15. A State-authorized charter school's qualifying rate | ||||||
5 | shall be the same as the rate that applies to the charter | ||||||
6 | school's resident district. | ||||||
7 | To be eligible to receive reimbursement in excess of 4/5 | ||||||
8 | of the cost to transport eligible pupils, a school district or | ||||||
9 | partial elementary unit district formed pursuant to Article | ||||||
10 | 11E shall have a Transportation Fund tax rate of at least .12%. | ||||||
11 | The Transportation Fund tax rate for a partial elementary unit | ||||||
12 | district formed pursuant Article 11E shall be the combined | ||||||
13 | elementary and high school rates pursuant to paragraph (4) of | ||||||
14 | subsection (a) of Section 18-8.15. | ||||||
15 | If a school district or partial elementary unit district | ||||||
16 | formed pursuant to Article 11E does not have a .12% | ||||||
17 | Transportation Fund tax rate, the amount of its claim in | ||||||
18 | excess of 4/5 of the cost of transporting pupils shall be | ||||||
19 | reduced by the sum arrived at by subtracting the | ||||||
20 | Transportation Fund tax rate from .12% and multiplying that | ||||||
21 | amount by the district's real equalized assessed valuation as | ||||||
22 | computed under paragraph (3) of subsection (d) of Section | ||||||
23 | 18-8.15, provided that in no case shall said reduction result | ||||||
24 | in reimbursement of less than 4/5 of the cost to transport | ||||||
25 | eligible pupils. No such adjustment may be applied to a claim | ||||||
26 | filed by a State-authorized charter school. |
| |||||||
| |||||||
1 | Subject to the calculation of equalized assessed | ||||||
2 | valuation, an adjustment for an insufficient tax rate, and the | ||||||
3 | use of a qualifying rate as provided in this Section, a | ||||||
4 | State-authorized charter school may make a claim for | ||||||
5 | reimbursement by the State that is calculated in the same | ||||||
6 | manner as a school district. | ||||||
7 | The minimum amount to be received by a district is $16 | ||||||
8 | times the number of eligible pupils transported. | ||||||
9 | When calculating the reimbursement for transportation | ||||||
10 | costs, the State Board of Education may not deduct the number | ||||||
11 | of pupils enrolled in early education programs from the number | ||||||
12 | of pupils eligible for reimbursement if the pupils enrolled in | ||||||
13 | the early education programs are transported at the same time | ||||||
14 | as other eligible pupils. | ||||||
15 | Any such district transporting resident pupils during the | ||||||
16 | school day to an area vocational school or another school | ||||||
17 | district's vocational program more than 1 1/2 miles from the | ||||||
18 | school attended, as provided in Sections 10-22.20a and | ||||||
19 | 10-22.22, shall be reimbursed by the State for 4/5 of the cost | ||||||
20 | of transporting eligible pupils. | ||||||
21 | School day means that period of time during which the | ||||||
22 | pupil is required to be in attendance for instructional | ||||||
23 | purposes. | ||||||
24 | If a pupil is at a location within the school district | ||||||
25 | other than his residence for child care purposes at the time | ||||||
26 | for transportation to school, that location may be considered |
| |||||||
| |||||||
1 | for purposes of determining the 1 1/2 miles from the school | ||||||
2 | attended. | ||||||
3 | Claims for reimbursement that include children who attend | ||||||
4 | any school other than a public school shall show the number of | ||||||
5 | such children transported. | ||||||
6 | Claims for reimbursement under this Section shall not be | ||||||
7 | paid for the transportation of pupils for whom transportation | ||||||
8 | costs are claimed for payment under other Sections of this | ||||||
9 | Act. | ||||||
10 | The allowable direct cost of transporting pupils for | ||||||
11 | regular, vocational, and special education pupil | ||||||
12 | transportation shall be limited to the sum of the cost of | ||||||
13 | physical examinations required for employment as a school bus | ||||||
14 | driver; the salaries of full-time or part-time drivers and | ||||||
15 | school bus maintenance personnel; employee benefits excluding | ||||||
16 | Illinois municipal retirement payments, social security | ||||||
17 | payments, unemployment insurance payments and workers' | ||||||
18 | compensation insurance premiums; expenditures to independent | ||||||
19 | carriers who operate school buses; payments to other school | ||||||
20 | districts for pupil transportation services; pre-approved | ||||||
21 | contractual expenditures for computerized bus scheduling; | ||||||
22 | expenditures for housing assistance and homeless prevention | ||||||
23 | under Sections 1-17 and 1-18 of the Education for Homeless | ||||||
24 | Children Act that are not in excess of the school district's | ||||||
25 | actual costs for providing transportation services and are not | ||||||
26 | otherwise claimed in another State or federal grant that |
| |||||||
| |||||||
1 | permits those costs to a parent, a legal guardian, any other | ||||||
2 | person who enrolled a pupil, or a homeless assistance agency | ||||||
3 | that is part of the federal McKinney-Vento Homeless Assistance | ||||||
4 | Act's continuum of care for the area in which the district is | ||||||
5 | located; the cost of gasoline, oil, tires, and other supplies | ||||||
6 | necessary for the operation of school buses; the cost of | ||||||
7 | converting buses' gasoline engines to more fuel efficient | ||||||
8 | engines or to engines which use alternative energy sources; | ||||||
9 | the cost of travel to meetings and workshops conducted by the | ||||||
10 | regional superintendent or the State Superintendent of | ||||||
11 | Education pursuant to the standards established by the | ||||||
12 | Secretary of State under Section 6-106 of the Illinois Vehicle | ||||||
13 | Code to improve the driving skills of school bus drivers; the | ||||||
14 | cost of maintenance of school buses including parts and | ||||||
15 | materials used; expenditures for leasing transportation | ||||||
16 | vehicles, except interest and service charges; the cost of | ||||||
17 | insurance and licenses for transportation vehicles; | ||||||
18 | expenditures for the rental of transportation equipment; plus | ||||||
19 | a depreciation allowance of 20% for 5 years for school buses | ||||||
20 | and vehicles approved for transporting pupils to and from | ||||||
21 | school and a depreciation allowance of 10% for 10 years for | ||||||
22 | other transportation equipment so used. Each school year, if a | ||||||
23 | school district has made expenditures to the Metropolitan | ||||||
24 | Mobility Authority Regional Transportation Authority or any of | ||||||
25 | its service boards , a mass transit district, or an urban | ||||||
26 | transportation district under an intergovernmental agreement |
| |||||||
| |||||||
1 | with the district to provide for the transportation of pupils | ||||||
2 | and if the public transit carrier received direct payment for | ||||||
3 | services or passes from a school district within its service | ||||||
4 | area during the 2000-2001 school year, then the allowable | ||||||
5 | direct cost of transporting pupils for regular, vocational, | ||||||
6 | and special education pupil transportation shall also include | ||||||
7 | the expenditures that the district has made to the public | ||||||
8 | transit carrier. In addition to the above allowable costs, | ||||||
9 | school districts shall also claim all transportation | ||||||
10 | supervisory salary costs, including Illinois municipal | ||||||
11 | retirement payments, and all transportation related building | ||||||
12 | and building maintenance costs without limitation. | ||||||
13 | Special education allowable costs shall also include | ||||||
14 | expenditures for the salaries of attendants or aides for that | ||||||
15 | portion of the time they assist special education pupils while | ||||||
16 | in transit and expenditures for parents and public carriers | ||||||
17 | for transporting special education pupils when pre-approved by | ||||||
18 | the State Superintendent of Education. | ||||||
19 | Indirect costs shall be included in the reimbursement | ||||||
20 | claim for districts which own and operate their own school | ||||||
21 | buses. Such indirect costs shall include administrative costs, | ||||||
22 | or any costs attributable to transporting pupils from their | ||||||
23 | attendance centers to another school building for | ||||||
24 | instructional purposes. No school district which owns and | ||||||
25 | operates its own school buses may claim reimbursement for | ||||||
26 | indirect costs which exceed 5% of the total allowable direct |
| |||||||
| |||||||
1 | costs for pupil transportation. | ||||||
2 | The State Board of Education shall prescribe uniform | ||||||
3 | regulations for determining the above standards and shall | ||||||
4 | prescribe forms of cost accounting and standards of | ||||||
5 | determining reasonable depreciation. Such depreciation shall | ||||||
6 | include the cost of equipping school buses with the safety | ||||||
7 | features required by law or by the rules, regulations and | ||||||
8 | standards promulgated by the State Board of Education, and the | ||||||
9 | Department of Transportation for the safety and construction | ||||||
10 | of school buses provided, however, any equipment cost | ||||||
11 | reimbursed by the Department of Transportation for equipping | ||||||
12 | school buses with such safety equipment shall be deducted from | ||||||
13 | the allowable cost in the computation of reimbursement under | ||||||
14 | this Section in the same percentage as the cost of the | ||||||
15 | equipment is depreciated. | ||||||
16 | On or before August 15, annually, the chief school | ||||||
17 | administrator for the district shall certify to the State | ||||||
18 | Superintendent of Education the district's claim for | ||||||
19 | reimbursement for the school year ending on June 30 next | ||||||
20 | preceding. The State Superintendent of Education shall check | ||||||
21 | and approve the claims and prepare the vouchers showing the | ||||||
22 | amounts due for district reimbursement claims. Each fiscal | ||||||
23 | year, the State Superintendent of Education shall prepare and | ||||||
24 | transmit the first 3 vouchers to the Comptroller on the 30th | ||||||
25 | day of September, December and March, respectively, and the | ||||||
26 | final voucher, no later than June 20. |
| |||||||
| |||||||
1 | If the amount appropriated for transportation | ||||||
2 | reimbursement is insufficient to fund total claims for any | ||||||
3 | fiscal year, the State Board of Education shall reduce each | ||||||
4 | school district's allowable costs and flat grant amount | ||||||
5 | proportionately to make total adjusted claims equal the total | ||||||
6 | amount appropriated. | ||||||
7 | For purposes of calculating claims for reimbursement under | ||||||
8 | this Section for any school year beginning July 1, 2016, the | ||||||
9 | equalized assessed valuation for a school district or partial | ||||||
10 | elementary unit district formed pursuant to Article 11E used | ||||||
11 | to compute reimbursement shall be the real equalized assessed | ||||||
12 | valuation as computed under paragraph (3) of subsection (d) of | ||||||
13 | Section 18-8.15. | ||||||
14 | All reimbursements received from the State shall be | ||||||
15 | deposited into the district's transportation fund or into the | ||||||
16 | fund from which the allowable expenditures were made. | ||||||
17 | Notwithstanding any other provision of law, any school | ||||||
18 | district receiving a payment under this Section or under | ||||||
19 | Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may | ||||||
20 | classify all or a portion of the funds that it receives in a | ||||||
21 | particular fiscal year or from State aid pursuant to Section | ||||||
22 | 18-8.15 of this Code as funds received in connection with any | ||||||
23 | funding program for which it is entitled to receive funds from | ||||||
24 | the State in that fiscal year (including, without limitation, | ||||||
25 | any funding program referenced in this Section), regardless of | ||||||
26 | the source or timing of the receipt. The district may not |
| |||||||
| |||||||
1 | classify more funds as funds received in connection with the | ||||||
2 | funding program than the district is entitled to receive in | ||||||
3 | that fiscal year for that program. Any classification by a | ||||||
4 | district must be made by a resolution of its board of | ||||||
5 | education. The resolution must identify the amount of any | ||||||
6 | payments or general State aid to be classified under this | ||||||
7 | paragraph and must specify the funding program to which the | ||||||
8 | funds are to be treated as received in connection therewith. | ||||||
9 | This resolution is controlling as to the classification of | ||||||
10 | funds referenced therein. A certified copy of the resolution | ||||||
11 | must be sent to the State Superintendent of Education. The | ||||||
12 | resolution shall still take effect even though a copy of the | ||||||
13 | resolution has not been sent to the State Superintendent of | ||||||
14 | Education in a timely manner. No classification under this | ||||||
15 | paragraph by a district shall affect the total amount or | ||||||
16 | timing of money the district is entitled to receive under this | ||||||
17 | Code. No classification under this paragraph by a district | ||||||
18 | shall in any way relieve the district from or affect any | ||||||
19 | requirements that otherwise would apply with respect to that | ||||||
20 | funding program, including any accounting of funds by source, | ||||||
21 | reporting expenditures by original source and purpose, | ||||||
22 | reporting requirements, or requirements of providing services. | ||||||
23 | Any school district with a population of not more than | ||||||
24 | 500,000 must deposit all funds received under this Article | ||||||
25 | into the transportation fund and use those funds for the | ||||||
26 | provision of transportation services. |
| |||||||
| |||||||
1 | (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
2 | 103-588, 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 | ||||||
5 | appointment to the Board, a person shall be a citizen of the | ||||||
6 | United States, shall be a registered voter as provided in the | ||||||
7 | Election Code, shall have been, for a period of one year | ||||||
8 | immediately before election or appointment, a resident of the | ||||||
9 | city, district, and subdistrict that the member represents, | ||||||
10 | and shall not be a child sex offender as defined in Section | ||||||
11 | 11-9.3 of the Criminal Code of 2012. A person is ineligible for | ||||||
12 | election or appointment to the Board if that person is not in | ||||||
13 | compliance with the provisions of Section 10-9 as referenced | ||||||
14 | in Section 34-3. For the 2024 general election, all persons | ||||||
15 | eligible for election to the Board shall be nominated by a | ||||||
16 | petition signed by at least 1,000 but not more than 3,000 of | ||||||
17 | the voters residing within the electoral district on a | ||||||
18 | petition in order to be placed on the ballot. For the 2026 | ||||||
19 | general election and general elections thereafter, persons | ||||||
20 | eligible for election to the Board shall be nominated by a | ||||||
21 | petition signed by at least 500 but no more than 1,500 voters | ||||||
22 | residing within the subdistrict on a petition in order to be | ||||||
23 | placed on the ballot, except that persons eligible for | ||||||
24 | election to the Board at large shall be nominated by a petition | ||||||
25 | signed by no less than 2,500 voters residing within the city. |
| |||||||
| |||||||
1 | Any registered voter may sign a nominating petition, | ||||||
2 | irrespective of any partisan petition the voter signs or may | ||||||
3 | sign. For the 2024 general election only, the petition | ||||||
4 | circulation period shall begin on March 26, 2024, and the | ||||||
5 | filing period shall be from June 17, 2024 to June 24, 2024. | ||||||
6 | Permanent removal from the city by any member of the Board | ||||||
7 | during the member's term of office constitutes a resignation | ||||||
8 | therefrom and creates a vacancy in the Board. Board members | ||||||
9 | shall serve without any compensation; however, members of the | ||||||
10 | Board shall be reimbursed for expenses incurred while in the | ||||||
11 | performance of their duties upon submission of proper receipts | ||||||
12 | or upon submission of a signed voucher in the case of an | ||||||
13 | expense allowance evidencing the amount of such reimbursement | ||||||
14 | or allowance to the President of the Board for verification | ||||||
15 | and approval. Board members shall not hold other public office | ||||||
16 | under the Federal, State or any local government other than | ||||||
17 | that of Director of the Metropolitan Mobility Regional | ||||||
18 | Transportation Authority, member of the economic development | ||||||
19 | commission of a city having a population exceeding 500,000, | ||||||
20 | notary public or member of the National Guard, and by | ||||||
21 | accepting any such office while members of the Board, or by not | ||||||
22 | resigning any such office held at the time of being elected or | ||||||
23 | appointed to the Board within 30 days after such election or | ||||||
24 | appointment, shall be deemed to have vacated their membership | ||||||
25 | in the Board. | ||||||
26 | (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; |
| |||||||
| |||||||
1 | 103-584, eff. 3-18-24.) | ||||||
2 | Section 8.37. The Public Utilities Act is amended by | ||||||
3 | changing 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 | ||||||
6 | Metropolitan Mobility Regional Transportation Authority | ||||||
7 | created pursuant to the Metropolitan Mobility "Regional | ||||||
8 | Transportation Authority Act ", enacted by the 78th General | ||||||
9 | Assembly, in the exercise of the powers of the Authority as | ||||||
10 | provided in that Act. | ||||||
11 | Transportation agencies Agencies which have any purchase | ||||||
12 | of service agreement with the Authority a Service Board as | ||||||
13 | provided in the Metropolitan Mobility "Regional Transportation | ||||||
14 | Authority Act " shall not be subject to this Act as to any | ||||||
15 | public transportation which is the subject of such agreement. | ||||||
16 | Any service and business exempted from this Act pursuant to | ||||||
17 | this Section shall not be considered "intrastate public | ||||||
18 | utility business" as defined in Section 3-120 of this Act. | ||||||
19 | No contract between any transportation agency | ||||||
20 | Transportation Agency and the Authority or a Service Board or | ||||||
21 | acquisition by the Authority or a Service Board of any | ||||||
22 | property, including property of a transportation agency | ||||||
23 | Transportation Agency pursuant to and as defined in the | ||||||
24 | Metropolitan Mobility Regional Transportation Authority Act, |
| |||||||
| |||||||
1 | shall, except as provided in such Act, be subject to the | ||||||
2 | supervision, regulation or approval of the Commission. | ||||||
3 | If the Metropolitan Mobility Authority determines In the | ||||||
4 | event a Service Board shall determine that any Public | ||||||
5 | Transportation service provided by any transportation agency | ||||||
6 | Transportation Agency with which that Authority Service Board | ||||||
7 | has a purchase of service agreement Purchase of Service | ||||||
8 | Agreement is not necessary for the public interest and shall | ||||||
9 | for that reason decline to enter into any Purchase of Service | ||||||
10 | Agreement for such particular service, all pursuant to and as | ||||||
11 | defined in such Metropolitan Mobility Regional Transportation | ||||||
12 | Authority Act, then the discontinuation of such service by | ||||||
13 | such transportation agency Transportation Agency shall not be | ||||||
14 | subject to the supervision, regulation or approval of the | ||||||
15 | Commission. | ||||||
16 | (Source: P.A. 84-617; 84-1025.) | ||||||
17 | Section 8.38. The Telecommunication Devices for the Deaf | ||||||
18 | Act 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 | ||||||
21 | requires: | ||||||
22 | (a) "Telecommunication device for the deaf" means a | ||||||
23 | teletypewriter or other instrument for telecommunication in | ||||||
24 | which speaking or hearing is not required for communication. |
| |||||||
| |||||||
1 | (b) "Public Safety Agency" means any unit of local | ||||||
2 | government or special purpose district within the State which | ||||||
3 | has authority to provide firefighting, police, or other | ||||||
4 | emergency services. | ||||||
5 | (c) "Department" means the Department of Human Services. | ||||||
6 | (d) "Major public transportation site" means any airport | ||||||
7 | or railroad station in the State providing commercial rail or | ||||||
8 | airline service to the general public, that serves and is | ||||||
9 | located within 20 miles of a municipality with a population of | ||||||
10 | 25,000 or more, except for any facility under the jurisdiction | ||||||
11 | of the Metropolitan Mobility Authority Commuter Rail Division | ||||||
12 | created by the Regional Transportation Authority Act or the | ||||||
13 | Chicago Transit Authority created by the Metropolitan Transit | ||||||
14 | Authority Act . | ||||||
15 | (e) "General traveling public" are individuals making use | ||||||
16 | of the commercial rail and airline services which are provided | ||||||
17 | at 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 | ||||||
20 | changing 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 | ||||||
23 | portion of the motor fuel tax funds allotted to it to: | ||||||
24 | (a) a local Mass Transit District if the county created |
| |||||||
| |||||||
1 | such District pursuant to the "Local Mass Transit District | ||||||
2 | Act", approved July 21, 1959, as now or hereafter amended; | ||||||
3 | (b) a local Transit Commission if such commission is | ||||||
4 | created pursuant to Section 14-101 of The Public Utilities | ||||||
5 | Act; or | ||||||
6 | (c) the Metropolitan Mobility Chicago Transit Authority | ||||||
7 | established pursuant to the Metropolitan Mobility | ||||||
8 | "Metropolitan Transit Authority Act ", approved April 12, 1945, | ||||||
9 | as 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 | ||||||
13 | highway commissioner of each road district within the | ||||||
14 | territory of the Metropolitan Mobility Regional Transportation | ||||||
15 | Authority shall have authority, with the approval of the | ||||||
16 | township board of trustees, to contract with the Metropolitan | ||||||
17 | Mobility Regional Transportation Authority or a Service Board, | ||||||
18 | as defined in the Regional Transportation Authority Act , for | ||||||
19 | the purchase of public transportation services within the | ||||||
20 | district, upon such terms and conditions as may be mutually | ||||||
21 | agreed upon. The expenditure of road funds, collected under a | ||||||
22 | road district tax, to purchase public transportation services | ||||||
23 | constitutes a road purpose under this Code. | ||||||
24 | (Source: P.A. 89-347, eff. 1-1-96.) |
| |||||||
| |||||||
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 | ||||||
3 | corporate authorities turn over a portion of its allotment to: | ||||||
4 | (a) a local Mass Transit District if the municipality | ||||||
5 | created such a District pursuant to the "Local Mass Transit | ||||||
6 | District Act", approved July 21, 1959, as now or hereafter | ||||||
7 | amended; | ||||||
8 | (b) a local Transit Commission if the municipality | ||||||
9 | established such commission pursuant to Section 14-101 of The | ||||||
10 | Public Utilities Act; or | ||||||
11 | (c) the Metropolitan Mobility Chicago Transit Authority | ||||||
12 | established pursuant to the Metropolitan Mobility | ||||||
13 | "Metropolitan Transit Authority Act ", approved April 12, 1945, | ||||||
14 | as now or hereafter amended . | ||||||
15 | (Source: P.A. 85-1209.) | ||||||
16 | Section 8.40. The Toll Highway Act is amended by changing | ||||||
17 | Sections 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 | ||||||
20 | The Illinois State Toll Highway Authority, which is hereby | ||||||
21 | constituted an instrumentality and an administrative agency of | ||||||
22 | the State of Illinois. The said Authority shall consist of the | ||||||
23 | following 11 directors : ; the Governor , and the Secretary of | ||||||
24 | the Department of Transportation, and the Chair of the |
| |||||||
| |||||||
1 | Metropolitan Mobility Authority as nonvoting directors ex | ||||||
2 | officio, and 9 voting directors appointed by the Governor with | ||||||
3 | the advice and consent of the Senate , from the State at large, | ||||||
4 | which said directors and their successors are hereby | ||||||
5 | authorized to carry out the provisions of this Act, and to | ||||||
6 | exercise the powers herein conferred. Of the 9 directors | ||||||
7 | appointed by the Governor, no more than 5 shall be members of | ||||||
8 | the same political party. | ||||||
9 | Notwithstanding any provision of law to the contrary, the | ||||||
10 | term of office of each director of the Authority serving on the | ||||||
11 | effective date of this amendatory Act of the 100th General | ||||||
12 | Assembly, other than the Governor and the Secretary of the | ||||||
13 | Department of Transportation, is abolished and a vacancy in | ||||||
14 | each office is created on the effective date of this | ||||||
15 | amendatory Act of the 100th General Assembly. The Governor | ||||||
16 | shall appoint directors to the Authority for the vacancies | ||||||
17 | created under this amendatory Act of the 100th General | ||||||
18 | Assembly by February 28, 2019. Directors whose terms are | ||||||
19 | abolished under this amendatory Act of the 100th General | ||||||
20 | Assembly shall be eligible for reappointment. | ||||||
21 | Vacancies shall be filled for the unexpired term in the | ||||||
22 | same manner as original appointments. All appointments shall | ||||||
23 | be in writing and filed with the Secretary of State as a public | ||||||
24 | record. It is the intention of this section that the | ||||||
25 | Governor's appointments shall be made with due consideration | ||||||
26 | to the location of proposed toll highway routes so that |
| |||||||
| |||||||
1 | maximum geographic representation from the areas served by | ||||||
2 | said toll highway routes may be accomplished insofar as | ||||||
3 | practicable. The said Authority shall have the power to | ||||||
4 | contract and be contracted with, to acquire, hold and convey | ||||||
5 | personal and real property or any interest therein including | ||||||
6 | rights-of-way rights of way , franchises and easements; to have | ||||||
7 | and use a common seal, and to alter the same at will; to make | ||||||
8 | and establish resolutions, by-laws, rules, rates and | ||||||
9 | regulations, and to alter or repeal the same as the Authority | ||||||
10 | shall deem necessary and expedient for the construction, | ||||||
11 | operation, relocation, regulation and maintenance of a system | ||||||
12 | of toll highways within and through the State of Illinois. | ||||||
13 | Appointment of the additional directors provided for by | ||||||
14 | this amendatory Act of 1980 shall be made within 30 days after | ||||||
15 | the 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 | ||||||
19 | from time to time, tolls or charges or rates for the privilege | ||||||
20 | of using each of the toll highways constructed pursuant to | ||||||
21 | this Act. Such tolls shall be so fixed and adjusted at rates | ||||||
22 | calculated to provide the lowest reasonable toll rates that | ||||||
23 | will provide funds sufficient with other revenues of the | ||||||
24 | Authority to pay, (a) the cost of the construction of a toll | ||||||
25 | highway authorized by joint resolution of the General Assembly |
| |||||||
| |||||||
1 | pursuant to Section 14.1 and the reconstruction, major repairs | ||||||
2 | or improvements of toll highways, (b) the cost of maintaining, | ||||||
3 | repairing, regulating and operating the toll highways | ||||||
4 | including only the necessary expenses of the Authority, and | ||||||
5 | (c) the principal of all bonds, interest thereon and all | ||||||
6 | sinking fund requirements and other requirements provided by | ||||||
7 | resolutions authorizing the issuance of the bonds as they | ||||||
8 | shall become due. In fixing the toll rates pursuant to this | ||||||
9 | Section 19 and Section 10(c) of this Act, the Authority shall | ||||||
10 | take into account the effect of the provisions of this Section | ||||||
11 | 19 permitting the use of the toll highway system without | ||||||
12 | payment of the covenants of the Authority contained in the | ||||||
13 | resolutions and trust indentures authorizing the issuance of | ||||||
14 | bonds of the Authority. No such provision permitting the use | ||||||
15 | of the toll highway system without payment of tolls after the | ||||||
16 | date of this amendatory Act of the 95th General Assembly shall | ||||||
17 | be applied in a manner that impairs the rights of bondholders | ||||||
18 | pursuant to any resolution or trust indentures authorizing the | ||||||
19 | issuance of bonds of the Authority. The use and disposition of | ||||||
20 | any sinking or reserve fund shall be subject to such | ||||||
21 | regulation as may be provided in the resolution or trust | ||||||
22 | indenture authorizing the issuance of the bonds. Subject to | ||||||
23 | the provisions of any resolution or trust indenture | ||||||
24 | authorizing the issuance of bonds any moneys in any such | ||||||
25 | sinking fund in excess of an amount equal to one year's | ||||||
26 | interest on the bonds then outstanding secured by such sinking |
| |||||||
| |||||||
1 | fund may be applied to the purchase or redemption of bonds. All | ||||||
2 | such bonds so redeemed or purchased shall forthwith be | ||||||
3 | cancelled and shall not again be issued. No person shall be | ||||||
4 | permitted to use any toll highway without paying the toll | ||||||
5 | established under this Section except when on official Toll | ||||||
6 | Highway Authority business which includes police and other | ||||||
7 | emergency vehicles. However, any law enforcement agency | ||||||
8 | vehicle, fire department vehicle, public or private ambulance | ||||||
9 | service vehicle engaged in the performance of an emergency | ||||||
10 | service or duty that necessitates the use of the toll highway | ||||||
11 | system, or other emergency vehicle that is plainly marked | ||||||
12 | shall not be required to pay a toll to use a toll highway. A | ||||||
13 | law enforcement, fire protection, or emergency services | ||||||
14 | officer driving a law enforcement, fire protection, emergency | ||||||
15 | services agency vehicle, or public or private ambulance | ||||||
16 | service vehicle engaging in the performance of emergency | ||||||
17 | services or duties that is not plainly marked must present an | ||||||
18 | Official Permit Card which the law enforcement, fire | ||||||
19 | protection, or emergency services officer receives from his or | ||||||
20 | her law enforcement, fire protection, emergency services | ||||||
21 | agency, or public or private ambulance service in order to use | ||||||
22 | a toll highway without paying the toll. A law enforcement, | ||||||
23 | fire protection, emergency services agency, or public or | ||||||
24 | private ambulance service engaging in the performance of | ||||||
25 | emergency services or duties must apply to the Authority to | ||||||
26 | receive a permit, and the Authority shall adopt rules for the |
| |||||||
| |||||||
1 | issuance of a permit, that allows public or private ambulance | ||||||
2 | service vehicles engaged in the performance of emergency | ||||||
3 | services or duties that necessitate the use of the toll | ||||||
4 | highway system and all law enforcement, fire protection, or | ||||||
5 | emergency services agency vehicles of the law enforcement, | ||||||
6 | fire protection, or emergency services agency to use any toll | ||||||
7 | highway without paying the toll established under this | ||||||
8 | Section. The Authority shall maintain in its office a list of | ||||||
9 | all persons that are authorized to use any toll highway | ||||||
10 | without charge when on official business of the Authority and | ||||||
11 | such list shall be open to the public for inspection. In | ||||||
12 | recognition of the unique role of public transportation in | ||||||
13 | providing effective transportation in the Authority's service | ||||||
14 | region, and to give effect to the exemption set forth in | ||||||
15 | subsection (b) of Section 4.06 2.06 of the Metropolitan | ||||||
16 | Mobility Regional Transportation Authority Act, the following | ||||||
17 | vehicles may use any toll highway without paying the toll: (1) | ||||||
18 | a vehicle owned or operated by the Suburban Bus Division of the | ||||||
19 | Metropolitan Mobility Regional Transportation Authority that | ||||||
20 | is being used to transport passengers for hire; and (2) any | ||||||
21 | revenue vehicle that is owned or operated by a Mass Transit | ||||||
22 | District created under Section 3 of the Local Mass Transit | ||||||
23 | District Act and running regular scheduled service. | ||||||
24 | Among other matters, this amendatory Act of 1990 is | ||||||
25 | intended to clarify and confirm the prior intent of the | ||||||
26 | General Assembly to allow toll revenues from the toll highway |
| |||||||
| |||||||
1 | system to be used to pay a portion of the cost of the | ||||||
2 | construction of the North-South Toll Highway authorized by | ||||||
3 | Senate Joint Resolution 122 of the 83rd General Assembly in | ||||||
4 | 1984. | ||||||
5 | (Source: P.A. 100-739, eff. 1-1-19 .) | ||||||
6 | Section 8.41. The Illinois Aeronautics Act is amended by | ||||||
7 | changing 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 | ||||||
10 | construct any airport hazard which obstructs a restricted | ||||||
11 | landing area or residential airport that (1) serves 20 or more | ||||||
12 | based aircraft, and (2) is located within the "metropolitan | ||||||
13 | region" as that term is defined in the Metropolitan Mobility | ||||||
14 | Regional Transportation Authority Act. For the purpose of this | ||||||
15 | Section, "based aircraft" are aircraft that are regularly | ||||||
16 | hangared or tied-down at the restricted landing area or | ||||||
17 | residential airport, or that use it as their primary base of | ||||||
18 | operation. As used in this Section 49.1, "restricted landing | ||||||
19 | area" or "residential airport" shall have the meaning set | ||||||
20 | forth in regulations of the Department in effect on the | ||||||
21 | effective date of this amendatory Act of 1989, but shall not | ||||||
22 | include amendments of the regulations adopted by the | ||||||
23 | Department thereafter. | ||||||
24 | (Source: P.A. 86-963.) |
| |||||||
| |||||||
1 | Section 8.42. The Illinois Vehicle Code is amended by | ||||||
2 | changing Sections 1-209.3, 8-102, 11-709.2, and 18c-7402 as | ||||||
3 | follows: | ||||||
4 | (625 ILCS 5/1-209.3) | ||||||
5 | Sec. 1-209.3. Transit bus. A bus engaged in public | ||||||
6 | transportation as defined by the Metropolitan Mobility | ||||||
7 | Regional Transportation Authority Act and authorized by the | ||||||
8 | Department to be used on specifically designated roadway | ||||||
9 | shoulders. | ||||||
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 | ||||||
14 | financial responsibility, when required under Section 8-101 or | ||||||
15 | 8-101.1, may be given by filing with the Secretary of State one | ||||||
16 | of 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 |
| |||||||
| |||||||
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 | ||||||
9 | documents required by subsection (a), each owner of a vehicle | ||||||
10 | required to obtain minimum liability insurance under Section | ||||||
11 | 8-101 or 8-101.1 shall attest that the vehicle is insured in at | ||||||
12 | least 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. |
| |||||||
| |||||||
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 | ||||||
10 | this 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 | ||||||
15 | roadways by transit buses may be authorized by the Department | ||||||
16 | in cooperation with the Metropolitan Mobility Regional | ||||||
17 | Transportation Authority and the Suburban Bus Division of the | ||||||
18 | Regional Transportation Authority . The Department shall | ||||||
19 | prescribe by rule which transit buses are authorized to | ||||||
20 | operate on shoulders, as well as times and locations. The | ||||||
21 | Department may erect signage to indicate times and locations | ||||||
22 | of 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; |
| |||||||
| |||||||
1 | 99-78, 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 | ||||||
4 | operations. | ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | changing 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 | ||||||
11 | land when he or she enters upon land supported in whole or in | ||||||
12 | part with State funds, or federal funds administered or | ||||||
13 | granted through State agencies or any building on the land, | ||||||
14 | after receiving, prior to the entry, notice from the State or | ||||||
15 | its representative that the entry is forbidden, or remains | ||||||
16 | upon the land or in the building after receiving notice from | ||||||
17 | the State or its representative to depart, and who thereby | ||||||
18 | interferes with another person's lawful use or enjoyment of | ||||||
19 | the building or land. | ||||||
20 | A person has received notice from the State within the | ||||||
21 | meaning of this subsection if he or she has been notified | ||||||
22 | personally, either orally or in writing, or if a printed or | ||||||
23 | written notice forbidding entry to him or her or a group of | ||||||
24 | which he or she is a part, has been conspicuously posted or |
| |||||||
| |||||||
1 | exhibited at the main entrance to the land or the forbidden | ||||||
2 | part thereof. | ||||||
3 | (a-5) A person commits criminal trespass to State | ||||||
4 | supported land when he or she enters upon a right-of-way right | ||||||
5 | of way , including facilities and improvements thereon, owned, | ||||||
6 | leased, or otherwise used by a public body or district | ||||||
7 | organized under the Metropolitan Transit Authority Act, the | ||||||
8 | Local Mass Transit District Act , or the Metropolitan Mobility | ||||||
9 | Regional Transportation Authority Act, after receiving, prior | ||||||
10 | to the entry, notice from the public body or district, or its | ||||||
11 | representative, that the entry is forbidden, or the person | ||||||
12 | remains upon the right-of-way right of way after receiving | ||||||
13 | notice from the public body or district, or its | ||||||
14 | representative, to depart, and in either of these instances | ||||||
15 | intends to compromise public safety by causing a delay in | ||||||
16 | transit service lasting more than 15 minutes or destroying | ||||||
17 | property. | ||||||
18 | A person has received notice from the public body or | ||||||
19 | district within the meaning of this subsection if he or she has | ||||||
20 | been notified personally, either orally or in writing, or if a | ||||||
21 | printed or written notice forbidding entry to him or her has | ||||||
22 | been conspicuously posted or exhibited at any point of | ||||||
23 | entrance to the right-of-way right of way or the forbidden | ||||||
24 | part of the right-of-way right of way . | ||||||
25 | As used in this subsection (a-5), " right-of-way right of | ||||||
26 | way " has the meaning ascribed to it in Section 18c-7502 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code. | ||||||
2 | (b) A person commits criminal trespass to State supported | ||||||
3 | land when he or she enters upon land supported in whole or in | ||||||
4 | part with State funds, or federal funds administered or | ||||||
5 | granted through State agencies or any building on the land by | ||||||
6 | presenting false documents or falsely representing his or her | ||||||
7 | identity orally to the State or its representative in order to | ||||||
8 | obtain permission from the State or its representative to | ||||||
9 | enter the building or land; or remains upon the land or in the | ||||||
10 | building by presenting false documents or falsely representing | ||||||
11 | his or her identity orally to the State or its representative | ||||||
12 | in order to remain upon the land or in the building, and who | ||||||
13 | thereby interferes with another person's lawful use or | ||||||
14 | enjoyment of the building or land. | ||||||
15 | This subsection does not apply to a peace officer or other | ||||||
16 | official of a unit of government who enters upon land | ||||||
17 | supported in whole or in part with State funds, or federal | ||||||
18 | funds administered or granted through State agencies or any | ||||||
19 | building on the land in the performance of his or her official | ||||||
20 | duties. | ||||||
21 | (c) Sentence. Criminal trespass to State supported land is | ||||||
22 | a Class A misdemeanor, except a violation of subsection (a-5) | ||||||
23 | of this Section is a Class A misdemeanor for a first violation | ||||||
24 | and 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 .) |
| |||||||
| |||||||
1 | Section 8.44. The Eminent Domain Act is amended by | ||||||
2 | changing Section 15-5-15 and adding Section 15-5-49 as | ||||||
3 | follows: | ||||||
4 | (735 ILCS 30/15-5-15) | ||||||
5 | Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 | ||||||
6 | through 75. The following provisions of law may include | ||||||
7 | express grants of the power to acquire property by | ||||||
8 | condemnation 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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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. | ||||||
6 | 7-16-14; 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 | ||||||
9 | following provisions of law may include express grants of the | ||||||
10 | power 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 | ||||||
14 | Employees Tort Immunity Act is amended by changing Section | ||||||
15 | 2-101 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 | ||||||
18 | obtain relief other than damages against a local public entity | ||||||
19 | or public employee. Nothing in this Act affects the liability, | ||||||
20 | if 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 |
| |||||||
| |||||||
1 | apply to any entity organized under or subject to the | ||||||
2 | Metropolitan Mobility "Metropolitan Transit Authority Act ", | ||||||
3 | approved April 12, 1945, as amended ; | ||||||
4 | c The "Workers' Compensation Act", approved July 9, 1951, | ||||||
5 | as heretofore or hereafter amended; | ||||||
6 | d The "Workers' Occupational Diseases Act", approved July | ||||||
7 | 9, 1951, as heretofore or hereafter amended; | ||||||
8 | e Section 1-4-7 of the "Illinois Municipal Code", approved | ||||||
9 | May 29, 1961, as heretofore or hereafter amended. | ||||||
10 | f The "Illinois Uniform Conviction Information Act", | ||||||
11 | enacted by the 85th General Assembly, as heretofore or | ||||||
12 | hereafter amended. | ||||||
13 | (Source: P.A. 85-922.) | ||||||
14 | Section 8.46. The Illinois Wage Payment and Collection Act | ||||||
15 | is 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 | ||||||
18 | employers from wages or final compensation are prohibited | ||||||
19 | unless such deductions are (1) required by law; (2) to the | ||||||
20 | benefit of the employee; (3) in response to a valid wage | ||||||
21 | assignment or wage deduction order; (4) made with the express | ||||||
22 | written consent of the employee, given freely at the time the | ||||||
23 | deduction is made; (5) made by a municipality with a | ||||||
24 | population of 500,000 or more, a county with a population of |
| |||||||
| |||||||
1 | 3,000,000 or more, a community college district in a city with | ||||||
2 | a population of 500,000 or more, a housing authority in a | ||||||
3 | municipality with a population of 500,000 or more, the Chicago | ||||||
4 | Park District, the Metropolitan Mobility Metropolitan Transit | ||||||
5 | Authority, the Chicago Board of Education, the Cook County | ||||||
6 | Forest Preserve District, or the Metropolitan Water | ||||||
7 | Reclamation District to pay a debt owed by the employee to a | ||||||
8 | municipality with a population of 500,000 or more, a county | ||||||
9 | with a population of 3,000,000 or more, the Cook County Forest | ||||||
10 | Preserve, the Chicago Park District, the Metropolitan Water | ||||||
11 | Reclamation District, the Chicago Transit Authority, the | ||||||
12 | Chicago Board of Education, or a housing authority of a | ||||||
13 | municipality with a population of 500,000 or more; provided, | ||||||
14 | however, that the amount deducted from any one salary or wage | ||||||
15 | payment shall not exceed 25% of the net amount of the payment; | ||||||
16 | or (6) made by a housing authority in a municipality with a | ||||||
17 | population of 500,000 or more or a municipality with a | ||||||
18 | population of 500,000 or more to pay a debt owed by the | ||||||
19 | employee to a housing authority in a municipality with a | ||||||
20 | population of 500,000 or more; provided, however, that the | ||||||
21 | amount deducted from any one salary or wage payment shall not | ||||||
22 | exceed 25% of the net amount of the payment. Before the | ||||||
23 | municipality with a population of 500,000 or more, the | ||||||
24 | community college district in a city with a population of | ||||||
25 | 500,000 or more, the Chicago Park District, the Metropolitan | ||||||
26 | Mobility Metropolitan Transit Authority, a housing authority |
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| |||||||
1 | in a municipality with a population of 500,000 or more, the | ||||||
2 | Chicago Board of Education, the county with a population of | ||||||
3 | 3,000,000 or more, the Cook County Forest Preserve District, | ||||||
4 | or the Metropolitan Water Reclamation District deducts any | ||||||
5 | amount from any salary or wage of an employee to pay a debt | ||||||
6 | owed to a municipality with a population of 500,000 or more, a | ||||||
7 | county with a population of 3,000,000 or more, the Cook County | ||||||
8 | Forest Preserve District, the Chicago Park District, the | ||||||
9 | Metropolitan Water Reclamation District, the Chicago Transit | ||||||
10 | Authority, the Chicago Board of Education, or a housing | ||||||
11 | authority of a municipality with a population of 500,000 or | ||||||
12 | more under this Section, the municipality, the county, the | ||||||
13 | Cook County Forest Preserve District, the Chicago Park | ||||||
14 | District, the Metropolitan Water Reclamation District, the | ||||||
15 | Chicago Transit Authority, the Chicago Board of Education, or | ||||||
16 | a housing authority of a municipality with a population of | ||||||
17 | 500,000 or more shall certify that (i) the employee has been | ||||||
18 | afforded an opportunity for a hearing to dispute the debt that | ||||||
19 | is due and owing the municipality, the county, the Cook County | ||||||
20 | Forest Preserve District, the Chicago Park District, the | ||||||
21 | Metropolitan Water Reclamation District, the Chicago Transit | ||||||
22 | Authority, the Chicago Board of Education, or a housing | ||||||
23 | authority of a municipality with a population of 500,000 or | ||||||
24 | more and (ii) the employee has received notice of a wage | ||||||
25 | deduction order and has been afforded an opportunity for a | ||||||
26 | hearing to object to the order. Before a housing authority in a |
| |||||||
| |||||||
1 | municipality with a population of 500,000 or more or a | ||||||
2 | municipality with a population of 500,000 or more, a county | ||||||
3 | with a population of 3,000,000 or more, the Cook County Forest | ||||||
4 | Preserve District, the Chicago Park District, the Metropolitan | ||||||
5 | Water Reclamation District, the Chicago Transit Authority, the | ||||||
6 | Chicago Board of Education, or a housing authority of a | ||||||
7 | municipality with a population of 500,000 or more deducts any | ||||||
8 | amount from any salary or wage of an employee to pay a debt | ||||||
9 | owed to a housing authority in a municipality with a | ||||||
10 | population of 500,000 or more under this Section, the housing | ||||||
11 | authority shall certify that (i) the employee has been | ||||||
12 | afforded an opportunity for a hearing to dispute the debt that | ||||||
13 | is due and owing the housing authority and (ii) the employee | ||||||
14 | has received notice of a wage deduction order and has been | ||||||
15 | afforded an opportunity for a hearing to object to the order. | ||||||
16 | For purposes of this Section, "net amount" means that part of | ||||||
17 | the salary or wage payment remaining after the deduction of | ||||||
18 | any amounts required by law to be deducted and "debt due and | ||||||
19 | owing" means (i) a specified sum of money owed to the | ||||||
20 | municipality, county, the Cook County Forest Preserve | ||||||
21 | District, the Chicago Park District, the Metropolitan Water | ||||||
22 | Reclamation District, the Chicago Transit Authority, the | ||||||
23 | Chicago Board of Education, or housing authority for services, | ||||||
24 | work, or goods, after the period granted for payment has | ||||||
25 | expired, or (ii) a specified sum of money owed to the | ||||||
26 | municipality, county, the Cook County Forest Preserve |
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| |||||||
1 | District, the Chicago Park District, the Metropolitan Water | ||||||
2 | Reclamation District, the Chicago Transit Authority, the | ||||||
3 | Chicago Board of Education or housing authority pursuant to a | ||||||
4 | court order or order of an administrative hearing officer | ||||||
5 | after the exhaustion of, or the failure to exhaust, judicial | ||||||
6 | review; (7) the result of an excess payment made due to, but | ||||||
7 | not limited to, a typographical or mathematical error made by | ||||||
8 | a municipality with a population of less than 500,000 or to | ||||||
9 | collect a debt owed to a municipality with a population of less | ||||||
10 | than 500,000 after notice to the employee and an opportunity | ||||||
11 | to be heard; provided, however, that the amount deducted from | ||||||
12 | any one salary or wage payment shall not exceed 15% of the net | ||||||
13 | amount of the payment. Before the municipality deducts any | ||||||
14 | amount from any salary or wage of an employee to pay a debt | ||||||
15 | owed to the municipality, the municipality shall certify that | ||||||
16 | (i) the employee has been afforded an opportunity for a | ||||||
17 | hearing, conducted by the municipality, to dispute the debt | ||||||
18 | that is due and owing the municipality, and (ii) the employee | ||||||
19 | has received notice of a wage deduction order and has been | ||||||
20 | afforded an opportunity for a hearing, conducted by the | ||||||
21 | municipality, to object to the order. For purposes of this | ||||||
22 | Section, "net amount" means that part of the salary or wage | ||||||
23 | payment remaining after the deduction of any amounts required | ||||||
24 | by law to be deducted and "debt due and owing" means (i) a | ||||||
25 | specified sum of money owed to the municipality for services, | ||||||
26 | work, or goods, after the period granted for payment has |
| |||||||
| |||||||
1 | expired, or (ii) a specified sum of money owed to the | ||||||
2 | municipality pursuant to a court order or order of an | ||||||
3 | administrative hearing officer after the exhaustion of, or the | ||||||
4 | failure to exhaust, judicial review. Where the legitimacy of | ||||||
5 | any deduction from wages is in dispute, the amount in question | ||||||
6 | may be withheld if the employer notifies the Department of | ||||||
7 | Labor on the date the payment is due in writing of the amount | ||||||
8 | that is being withheld and stating the reasons for which the | ||||||
9 | payment is withheld. Upon such notification the Department of | ||||||
10 | Labor shall conduct an investigation and render a judgment as | ||||||
11 | promptly as possible, and shall complete such investigation | ||||||
12 | within 30 days of receipt of the notification by the employer | ||||||
13 | that wages have been withheld. The employer shall pay the | ||||||
14 | wages due upon order of the Department of Labor within 15 | ||||||
15 | calendar days of issuance of a judgment on the dispute. | ||||||
16 | The Department shall establish rules to protect the | ||||||
17 | interests of both parties in cases of disputed deductions from | ||||||
18 | wages. Such rules shall include reasonable limitations on the | ||||||
19 | amount of deductions beyond those required by law which may be | ||||||
20 | made during any pay period by any employer. | ||||||
21 | In case of a dispute over wages, the employer shall pay, | ||||||
22 | without condition and within the time set by this Act, all | ||||||
23 | wages or parts thereof, conceded by him to be due, leaving to | ||||||
24 | the employee all remedies to which he may otherwise be | ||||||
25 | entitled as to any balance claimed. The acceptance by an | ||||||
26 | employee of a disputed paycheck shall not constitute a release |
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| |||||||
1 | as to the balance of his claim and any release or restrictive | ||||||
2 | endorsement required by an employer as a condition to payment | ||||||
3 | shall 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 | ||||||
6 | amended 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 | ||||||
10 | average of at least 35 hours of work per week for compensation | ||||||
11 | on a full-time basis. | ||||||
12 | "Covered employer" means any individual, partnership, | ||||||
13 | association, corporation, limited liability company, | ||||||
14 | government, non-profit organization, or business trust that | ||||||
15 | directly or indirectly, or through an agent or any other | ||||||
16 | person, employs or exercises control over wages, hours, or | ||||||
17 | working 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; |
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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 | ||||||
14 | the authority and jurisdiction of the Metropolitan Mobility | ||||||
15 | Regional Transportation Authority. | ||||||
16 | "Transit pass" means any pass, token, fare card, voucher, | ||||||
17 | or similar item entitling a person to transportation on public | ||||||
18 | transit. | ||||||
19 | (Source: P.A. 103-291, eff. 1-1-24 .) | ||||||
20 | (820 ILCS 63/10) | ||||||
21 | Sec. 10. Transportation benefits program. All covered | ||||||
22 | employers shall provide a pre-tax commuter benefit to covered | ||||||
23 | employees. The pre-tax commuter benefit shall allow employees | ||||||
24 | to use pre-tax dollars for the purchase of a transit pass, via | ||||||
25 | payroll deduction, such that the costs for such purchases may |
| |||||||
| |||||||
1 | be excluded from the employee's taxable wages and compensation | ||||||
2 | up to the maximum amount permitted by federal tax law, | ||||||
3 | consistent with 26 U.S.C. 132(f) and the rules and regulations | ||||||
4 | promulgated thereunder. A covered employer may comply with | ||||||
5 | this Section by participating in a program offered by the | ||||||
6 | Metropolitan Mobility Chicago Transit Authority or the | ||||||
7 | Regional Transportation Authority . | ||||||
8 | This benefit must be offered to all employees starting on | ||||||
9 | the employees' first full pay period after 120 days of | ||||||
10 | employment. All transit agencies shall market the existence of | ||||||
11 | this program and this Act to their riders in order to inform | ||||||
12 | affected 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 | ||||||
16 | Mobility Regional Transportation Authority shall make publicly | ||||||
17 | available a searchable map of addresses that are located | ||||||
18 | within 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 | ||||||
21 | makes changes in a statute that is represented in this Act by | ||||||
22 | text that is not yet or no longer in effect (for example, a | ||||||
23 | Section represented by multiple versions), the use of that | ||||||
24 | text does not accelerate or delay the taking effect of (i) the |
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1 | changes made by this Act or (ii) provisions derived from any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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