Illinois General Assembly - Full Text of HB0106
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0106  102nd General Assembly

HB0106sam001 102ND GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 10/26/2021

 

 


 

 


 
10200HB0106sam001LRB102 03976 AWJ 30187 a

1
AMENDMENT TO HOUSE BILL 106

2    AMENDMENT NO. ______. Amend House Bill 106 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.15 as follows:
 
6    (5 ILCS 100/5-45.15 new)
7    Sec. 5-45.15. Emergency rulemaking; Secretary of State
8emergency powers. To provide for the expeditious and timely
9implementation of the provisions of Section 30 of the
10Secretary of State Act, emergency rules implementing the
11changes made to Section 30 of the Secretary of State Act by
12this amendatory Act of the 102nd General Assembly may be
13adopted by the Secretary in accordance with Section 5-45. The
14adoption of emergency rules authorized by Section 5-45 and
15this Section is deemed to be necessary for the public
16interest, safety, and welfare.

 

 

10200HB0106sam001- 2 -LRB102 03976 AWJ 30187 a

1    This Section is repealed on January 1, 2023.
 
2    Section 10. The Secretary of State Act is amended by
3changing Sections 12 and 30 as follows:
 
4    (15 ILCS 305/12)  (from Ch. 124, par. 10.2)
5    Sec. 12. Parking fees; leases.
6    (a) The Secretary of State shall impose a fee of $20 per
7month payable by all State employees parking vehicles in the
8underground parking facility located south of the William G.
9Stratton State Office Building in Springfield and the parking
10ramp located at 401 South College Street located west of the
11William G. Stratton State Office Building in Springfield,
12unless a non-State employee requests a space located in either
13garage, in which case the Secretary shall set the fee by rule.
14Except as otherwise provided in this Section, State officers
15and employees who make application for and are allotted
16parking places in such parking facilities shall authorize the
17Comptroller to deduct the required fees from their payroll
18checks under the State Salary and Annuity Withholding Act and
19the amounts so withheld shall be deposited as provided in
20Section 8 of that Act. Until December 31, 2024, members and
21employees of the General Assembly who make application for and
22are allotted parking places in such parking facilities may,
23alternatively, upon application by the Secretary of the Senate
24or the Clerk of the House of Representatives, have their

 

 

10200HB0106sam001- 3 -LRB102 03976 AWJ 30187 a

1parking fee paid by the General Assembly. The amounts paid in
2this instance would also be deposited as provided in Section 8
3of the State Salary and Annuity Withholding Act. The President
4of the Senate and the Speaker of the House of Representatives
5may authorize payment of the fees from appropriations made to
6the General Assembly. Persons who are not subject to the State
7Salary and Annuity Withholding Act and who are allotted
8parking places under this Section shall pay the required fees
9directly to the Office of the Secretary of State and the
10amounts so collected shall be deposited in the State Parking
11Facility Maintenance Fund in the State Treasury.
12    (b) The Secretary of State may enter into agreements with
13public or private entities or individuals to lease to those
14entities or individuals parking spaces at State-owned
15Secretary of State facilities. Such agreements may be executed
16only upon a determination by the Secretary that leasing the
17parking spaces will not adversely impact the delivery of
18services to the public. The fee to be charged to the entity or
19individual leasing the parking spaces shall be established by
20rule. All funds collected by the Secretary pursuant to such
21leases shall be deposited in the State Parking Facility
22Maintenance Fund and shall be used for the maintenance and
23repair of parking lots at State-owned Secretary of State
24facilities.
25(Source: P.A. 98-179, eff. 8-5-13; 98-1148, eff. 12-31-14.)
 

 

 

10200HB0106sam001- 4 -LRB102 03976 AWJ 30187 a

1    (15 ILCS 305/30)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 30. Emergency powers.
4    (a) In response to the interruption of services available
5to the public as a result of the public health disaster caused
6by Coronavirus Disease 2019 (COVID-19), a novel severe acute
7respiratory illness that spreads rapidly through respiratory
8transmissions, the extended closure of State government
9offices and private sector businesses caused by COVID-19, and
10the need to ameliorate any detrimental impact on members of
11the public caused by that interruption of services, the
12Secretary of State is hereby given the authority to adopt
13emergency rulemakings, and to adopt permanent administrative
14rules:
15        (1) extending until not later than December 31, 2022,
16    the expiration dates of driver's licenses, driving
17    permits, monitoring device driving permits, restricted
18    driving permits, and identification cards which were
19    issued with expiration dates on or after January 1, 2020.
20    During the period of any extensions implemented pursuant
21    to this subsection, all driver's licenses, driving
22    permits, monitoring device driving permits, restricted
23    driving permits, and identification cards, shall be
24    subject to any terms and conditions under which the
25    original document was issued; and
26        (2) modifying the requirements for the renewal of

 

 

10200HB0106sam001- 5 -LRB102 03976 AWJ 30187 a

1    driver's licenses, driving permits, monitoring device
2    driving permits, restricted driving permits, and
3    identification cards. No such modification shall apply for
4    more than one renewal cycle after the effective date of
5    the rulemaking.
6    (b) When the renewal of any driver's license, driving
7permit, monitoring device driving permit, restricted driving
8permit, or identification card has been extended pursuant to
9this Section, it shall be renewed during the period of an
10extension. Any such renewals shall be from the original
11expiration date and shall be subject to the full fee which
12would have been due had the renewals been issued based on the
13original expiration date, except that no late filing fees or
14penalties shall be imposed.
15    (c) All law enforcement agencies in the State of Illinois
16and all State and local governmental entities shall recognize
17the validity of, and give full legal force to, extensions
18granted pursuant to this Section.
19    (d) Upon the request of any person whose driver's license,
20driving permit, monitoring device driving permit, restricted
21driving permit, or identification card has been subject to an
22extension under this Section, the Secretary shall issue a
23statement verifying the extension was issued pursuant to
24Illinois law, and requesting any foreign jurisdiction to honor
25the extension.
26    (e) This Section is repealed on January 1, 2023.

 

 

10200HB0106sam001- 6 -LRB102 03976 AWJ 30187 a

1    (a) In response to the ongoing public health disaster
2caused by Coronavirus Disease 2019 (COVID-19), a novel severe
3acute respiratory illness that spreads rapidly through
4respiratory transmissions, and the need to regulate the number
5of individuals entering a Secretary of State facility at any
6one time in order to prevent the spread of the disease, the
7Secretary of State is hereby given the authority to adopt
8emergency rulemakings, as provided under subsection (b), and
9to adopt permanent administrative rules extending until no
10later than June 30, 2021, the expiration dates of driver's
11licenses, driving permits, monitoring device driving permits,
12restricted driving permits, identification cards, disabled
13parking placards and decals, and vehicle registrations that
14were issued with expiration dates on or after January 1, 2020.
15If, as of May 1, 2021, there remains in effect a proclamation
16issued by the Governor of the State of Illinois declaring a
17statewide disaster in response to the outbreak of COVID-19,
18the Secretary may further extend such expiration dates until
19no later than December 31, 2021.
20    (a-5) During the period of any extensions implemented
21pursuant to this Section, all driver's licenses, driving
22permits, monitoring device driving permits, restricted driving
23permits, identification cards, disabled parking placards and
24decals, and vehicle registrations shall be subject to any
25terms and conditions under which the original document was
26issued.

 

 

10200HB0106sam001- 7 -LRB102 03976 AWJ 30187 a

1    (b) To provide for the expeditious and timely
2implementation of this amendatory Act of the 101st General
3Assembly, any emergency rules to implement the extension
4provisions of this Section must be adopted by the Secretary of
5State, subject to the provisions of Section 5-45 of the
6Illinois Administrative Procedure Act. Any such rule shall:
7        (1) (blank);
8        (2) set forth the expirations being extended (for
9    example, "this extension shall apply to all driver's
10    licenses, driving permits, monitoring device driving
11    permits, restricted driving permits, identification cards,
12    disabled parking placards and decals, and vehicle
13    registrations expiring on [date] through [date]"); and
14        (3) set forth the date on which the extension period
15    becomes effective, and the date on which the extension
16    will terminate if not extended by subsequent emergency
17    rulemaking.
18    (c) Where the renewal of any driver's license, driving
19permit, monitoring device driving permit, restricted driving
20permit, identification card, disabled parking placard or
21decal, or vehicle registration has been extended pursuant to
22this Section, it shall be renewed during the period of an
23extension. Any such renewal shall be from the original
24expiration date and shall be subject to the full fee which
25would have been due had the renewal been issued based on the
26original expiration date, except that no late filing fees or

 

 

10200HB0106sam001- 8 -LRB102 03976 AWJ 30187 a

1penalties shall be imposed.
2    (d) All law enforcement agencies in the State of Illinois
3and all State and local governmental entities shall recognize
4the validity of, and give full legal force to, extensions
5granted pursuant to this Section.
6    (e) Upon the request of any person or entity whose
7driver's license, driving permit, monitoring device driving
8permit, restricted driving permit, identification card,
9disabled parking placard or decal, or vehicle registration has
10been subject to an extension under this Section, the Secretary
11shall issue a statement verifying the extension was issued
12pursuant to Illinois law, and requesting any foreign
13jurisdiction to honor the extension.
14    (f) This Section is repealed on January 1, 2022.
15(Source: P.A. 101-640, eff. 6-12-20; 102-39, eff. 6-25-21.)
 
16    Section 12. The State Finance Act is amended by changing
17Section 6z-20.1 as follows:
 
18    (30 ILCS 105/6z-20.1)
19    Sec. 6z-20.1. The State Aviation Program Fund and the
20Sound-Reducing Windows and Doors Replacement Fund.
21    (a) The State Aviation Program Fund is created in the
22State Treasury. Moneys in the Fund shall be used by the
23Department of Transportation for the purposes of administering
24a State Aviation Program. Subject to appropriation, the moneys

 

 

10200HB0106sam001- 9 -LRB102 03976 AWJ 30187 a

1shall be used for the purpose of making distributions
2distributing grants to units of local government to be used
3for airport-related purposes. Distributions Grants to units of
4local government from the Fund shall be distributed
5proportionately based on equal part enplanements, total cargo,
6and airport operations. With regard to enplanements that occur
7within a municipality with a population of over 500,000,
8distributions grants shall be distributed only to the
9municipality.
10    (b) For distributions grants to a unit of government other
11than a municipality with a population of more than 500,000,
12"airport-related purposes" means the capital or operating
13costs of: (1) an airport; (2) a local airport system; or (3)
14any other local facility that is owned or operated by the
15person or entity that owns or operates the airport that is
16directly and substantially related to the air transportation
17of passengers or property as provided in 49 U.S.C. 47133,
18including (i) the replacement of sound-reducing windows and
19doors installed under the Residential Sound Insulation Program
20and (ii) in-home air quality monitoring testing in residences
21in which windows or doors were installed under the Residential
22Sound Insulation Program.
23    (c) For distributions grants to a municipality with a
24population of more than 500,000, "airport-related purposes"
25means the capital costs of: (1) an airport; (2) a local airport
26system; or (3) any other local facility that (i) is owned or

 

 

10200HB0106sam001- 10 -LRB102 03976 AWJ 30187 a

1operated by a person or entity that owns or operates an airport
2and (ii) is directly and substantially related to the air
3transportation of passengers or property, as provided in 49
4U.S.C. 47133. For distributions grants to a municipality with
5a population of more than 500,000, "airport-related purposes"
6also means costs, including administrative costs, associated
7with the replacement of sound-reducing windows and doors
8installed under the Residential Sound Insulation Program.
9    (d) In each State fiscal year, the first $7,500,000
10attributable to a municipality with a population of more than
11500,000, as provided in subsection (a) of this Section, shall
12be transferred to the Sound-Reducing Windows and Doors
13Replacement Fund, a special fund created in the State
14Treasury. Subject to appropriation, the moneys in the Fund
15shall be used for costs, including administrative costs,
16associated with the replacement of sound-reducing windows and
17doors installed under the Residential Sound Insulation
18Program, including repair costs for any mechanical issues with
19replacement windows or doors and reimbursement for homeowners
20who replaced sound-reducing windows and doors installed under
21the Residential Sound Insulation Program of their own accord.
22Residents who received reimbursement shall receive at least
2315% of the costs upon proof of installation. Subject to
24appropriation, the moneys shall also be used to service at
25least 750 residences a year and at least $1,000,000 must be
26used to repair mechanical issues. Residents who altered or

 

 

10200HB0106sam001- 11 -LRB102 03976 AWJ 30187 a

1modified a replacement window or accepted a replacement screen
2for the window shall not be disqualified from compensation or
3future services. Residents shall not be required to replace
4doors and may instead receive repairs to doors. Any amounts
5attributable to a municipality with a population of more than
6500,000 in excess of $7,500,000 in each State fiscal year
7shall be distributed among the airports in that municipality
8based on the same formula as prescribed in subsection (a) to be
9used for airport-related purposes.
10(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
11    Section 13. The Illinois Municipal Code is amended by
12changing Section 11-101-3 as follows:
 
13    (65 ILCS 5/11-101-3)
14    Sec. 11-101-3. Noise mitigation; air quality.
15    (a) A municipality that has implemented a Residential
16Sound Insulation Program to mitigate aircraft noise shall
17perform indoor air quality monitoring and laboratory analysis
18of windows and doors installed pursuant to the Residential
19Sound Insulation Program to determine whether there are any
20adverse health impacts associated with off-gassing from such
21windows and doors. Such monitoring and analysis shall be
22consistent with applicable professional and industry
23standards. The municipality shall make any final reports
24resulting from such monitoring and analysis available to the

 

 

10200HB0106sam001- 12 -LRB102 03976 AWJ 30187 a

1public on the municipality's website. The municipality shall
2develop a science-based mitigation plan to address significant
3health-related impacts, if any, associated with such windows
4and doors as determined by the results of the monitoring and
5analysis. In a municipality that has implemented a Residential
6Sound Insulation Program to mitigate aircraft noise, if
7requested by the homeowner pursuant to a process established
8by the municipality, which process shall include, at a
9minimum, notification in a newspaper of general circulation
10and a mailer sent to every address identified as a recipient of
11windows and doors installed under the Residential Sound
12Insulation Program, the municipality shall replace all windows
13and doors installed under the Residential Sound Insulation
14Program in such homes where one or more windows or doors have
15been found to have caused offensive odors. Only those
16homeowners who request that the municipality perform an odor
17inspection as prescribed by the process established by the
18municipality within 6 months of notification being published
19and mailers being sent shall be eligible for odorous window
20and odorous door replacement. Residents who are eligible to
21receive replacement windows shall be allowed to choose the
22color and type of replacement window. For purposes of aiding
23in the selection of such replacement windows, a showcase and
24display of available replacement window types shall be
25established and located at Chicago Midway International
26Airport. Homes that have been identified by the municipality

 

 

10200HB0106sam001- 13 -LRB102 03976 AWJ 30187 a

1as having odorous windows or doors are not required to make
2said request to the municipality. The right to make a claim for
3replacement and have it considered pursuant to this Section
4shall not be affected by the fact of odor-related claims made
5or odor-related products received pursuant to the Residential
6Sound Insulation Program prior to June 5, 2019 (the effective
7date of this Section). The municipality shall also perform
8in-home air quality testing in residences in which windows and
9doors are replaced under this Section. In order to receive
10in-home air quality testing, a homeowner must request such
11testing from the municipality, and the total number of homes
12tested in any given year shall not exceed 25% of the total
13number of homes in which windows and doors were replaced under
14this Section in the prior calendar year.
15    (b) An advisory committee shall be formed, composed of the
16following: (i) 2 members of the municipality who reside in
17homes that have received windows or doors pursuant to the
18Residential Sound Insulation Program and have been identified
19by the municipality as having odorous windows or doors,
20appointed by the Secretary of Transportation; (ii) one
21employee of the Aeronautics Division of the Department of
22Transportation; and (iii) 2 employees of the municipality that
23implemented the Residential Sound Insulation Program in
24question; and (iv) 2 members appointed by the Speaker of the
25House of Representatives and 2 members appointed by the
26President of the Senate. The advisory committee shall

 

 

10200HB0106sam001- 14 -LRB102 03976 AWJ 30187 a

1determine by majority vote which homes contain windows or
2doors that cause offensive odors and thus are eligible for
3replacement, shall promulgate a list of such homes, and shall
4develop recommendations as to the order in which homes are to
5receive window replacement. The recommendations shall include
6reasonable and objective criteria for determining which
7windows or doors are odorous, consideration of the date of
8odor confirmation for prioritization, severity of odor,
9geography and individual hardship, and shall provide such
10recommendations to the municipality. The advisory committee
11shall develop a process in which homeowners can demonstrate
12extreme hardship. Extreme hardship shall be defined as: liquid
13infiltration of the window or door; health and medical
14condition of the resident; and residents with sensitivities
15related to smell. At least 10% of the homes receiving a
16replacement in a year shall be homes that have demonstrated
17extreme hardship. The advisory committee shall compile a
18report demonstrating: (i) the number of homes in line to
19receive a replacement; (ii) the number of homes that received
20replacement windows or doors, or both; (iii) the number of
21homes that received financial compensation instead of a
22replacement; and (iv) the number of homes with confirmed
23mechanical issues. Until December 31, 2022, the report shall
24be complied monthly, after December 31, 2022, the report shall
25be complied quarterly. The advisory committee shall accept all
26public questions and furnish a written response within 2

 

 

10200HB0106sam001- 15 -LRB102 03976 AWJ 30187 a

1business days. The advisory committee shall comply with the
2requirements of the Open Meetings Act. The Chicago Department
3of Aviation shall provide administrative support to the
4committee. The municipality shall consider the recommendations
5of the committee but shall retain final decision-making
6authority over replacement of windows and doors installed
7under the Residential Sound Insulation Program, and shall
8comply with all federal, State, and local laws involving
9procurement. A municipality administering claims pursuant to
10this Section shall provide to every address identified as
11having submitted a valid claim under this Section a quarterly
12report setting forth the municipality's activities undertaken
13pursuant to this Section for that quarter. However, the
14municipality shall replace windows and doors pursuant to this
15Section only if, and to the extent, distributions grants are
16distributed to, and received by, the municipality from the
17Sound-Reducing Windows and Doors Replacement Fund for the
18costs associated with the replacement of sound-reducing
19windows and doors installed under the Residential Sound
20Insulation Program pursuant to Section 6z-20.1 of the State
21Finance Act. In addition, the municipality shall revise its
22specifications for procurement of windows for the Residential
23Sound Insulation Program to address potential off-gassing from
24such windows in future phases of the program. A municipality
25subject to the Section shall not legislate or otherwise
26regulate with regard to indoor air quality monitoring,

 

 

10200HB0106sam001- 16 -LRB102 03976 AWJ 30187 a

1laboratory analysis or replacement requirements, except as
2provided in this Section, but the foregoing restriction shall
3not limit said municipality's taxing power.
4    (c) A home rule unit may not regulate indoor air quality
5monitoring and laboratory analysis, and related mitigation and
6mitigation plans, in a manner inconsistent with this Section.
7This Section is a limitation of home rule powers and functions
8under subsection (i) of Section 6 of Article VII of the
9Illinois Constitution on the concurrent exercise by home rule
10units of powers and functions exercised by the State.
11    (d) This Section shall not be construed to create a
12private right of action.
13(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19;
14101-636, eff. 6-10-20; 102-558, eff. 8-20-21.)
 
15    Section 15. The Regional Transportation Authority Act is
16amended by changing Sections 4.01 and 4.09 as follows:
 
17    (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
18    Sec. 4.01. Budget and Program.
19    (a) The Board shall control the finances of the Authority.
20It shall by ordinance adopted by the affirmative vote of at
21least 12 of its then Directors (i) appropriate money to
22perform the Authority's purposes and provide for payment of
23debts and expenses of the Authority, (ii) take action with
24respect to the budget and two-year financial plan of each

 

 

10200HB0106sam001- 17 -LRB102 03976 AWJ 30187 a

1Service Board, as provided in Section 4.11, and (iii) adopt an
2Annual Budget and Two-Year Financial Plan for the Authority
3that includes the annual budget and two-year financial plan of
4each Service Board that has been approved by the Authority.
5The Annual Budget and Two-Year Financial Plan shall contain a
6statement of the funds estimated to be on hand for the
7Authority and each Service Board at the beginning of the
8fiscal year, the funds estimated to be received from all
9sources for such year, the estimated expenses and obligations
10of the Authority and each Service Board for all purposes,
11including expenses for contributions to be made with respect
12to pension and other employee benefits, and the funds
13estimated to be on hand at the end of such year. The fiscal
14year of the Authority and each Service Board shall begin on
15January 1st and end on the succeeding December 31st. By July
161st of each year the Director of the Illinois Governor's
17Office of Management and Budget (formerly Bureau of the
18Budget) shall submit to the Authority an estimate of revenues
19for the next fiscal year of the Authority to be collected from
20the taxes imposed by the Authority and the amounts to be
21available in the Public Transportation Fund and the Regional
22Transportation Authority Occupation and Use Tax Replacement
23Fund and the amounts otherwise to be appropriated by the State
24to the Authority for its purposes. The Authority shall file a
25copy of its Annual Budget and Two-Year Financial Plan with the
26General Assembly and the Governor after its adoption. Before

 

 

10200HB0106sam001- 18 -LRB102 03976 AWJ 30187 a

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

 

 

10200HB0106sam001- 19 -LRB102 03976 AWJ 30187 a

1    The Annual Budget and Two-Year Financial Plan must show:
2        (i) that the level of fares and charges for mass
3    transportation provided by, or under grant or purchase of
4    service contracts of, the Service Boards is sufficient to
5    cause the aggregate of all projected fare revenues from
6    such fares and charges received in each fiscal year to
7    equal at least 50% of the aggregate costs of providing
8    such public transportation in such fiscal year. However,
9    due to the fiscal impacts of the COVID-19 pandemic, the
10    aggregate of all projected fare revenues from such fares
11    and charges received in fiscal years 2021, 2022, and 2023
12    may be less than 50% of the aggregate costs of providing
13    such public transportation in those fiscal years. "Fare
14    revenues" include the proceeds of all fares and charges
15    for services provided, contributions received in
16    connection with public transportation from units of local
17    government other than the Authority, except for
18    contributions received by the Chicago Transit Authority
19    from a real estate transfer tax imposed under subsection
20    (i) of Section 8-3-19 of the Illinois Municipal Code, and
21    from the State pursuant to subsection (i) of Section
22    2705-305 of the Department of Transportation Law (20 ILCS
23    2705/2705-305), and all other operating revenues properly
24    included consistent with generally accepted accounting
25    principles but do not include: the proceeds of any
26    borrowings, and, beginning with the 2007 fiscal year, all

 

 

10200HB0106sam001- 20 -LRB102 03976 AWJ 30187 a

1    revenues and receipts, including but not limited to fares
2    and grants received from the federal, State or any unit of
3    local government or other entity, derived from providing
4    ADA paratransit service pursuant to Section 2.30 of the
5    Regional Transportation Authority Act. "Costs" include all
6    items properly included as operating costs consistent with
7    generally accepted accounting principles, including
8    administrative costs, but do not include: depreciation;
9    payment of principal and interest on bonds, notes or other
10    evidences of obligation for borrowed money issued by the
11    Authority; payments with respect to public transportation
12    facilities made pursuant to subsection (b) of Section 2.20
13    of this Act; any payments with respect to rate protection
14    contracts, credit enhancements or liquidity agreements
15    made under Section 4.14; any other cost to which it is
16    reasonably expected that a cash expenditure will not be
17    made; costs for passenger security including grants,
18    contracts, personnel, equipment and administrative
19    expenses, except in the case of the Chicago Transit
20    Authority, in which case the term does not include costs
21    spent annually by that entity for protection against crime
22    as required by Section 27a of the Metropolitan Transit
23    Authority Act; the payment by the Chicago Transit
24    Authority of Debt Service, as defined in Section 12c of
25    the Metropolitan Transit Authority Act, on bonds or notes
26    issued pursuant to that Section; the payment by the

 

 

10200HB0106sam001- 21 -LRB102 03976 AWJ 30187 a

1    Commuter Rail Division of debt service on bonds issued
2    pursuant to Section 3B.09; expenses incurred by the
3    Suburban Bus Division for the cost of new public
4    transportation services funded from grants pursuant to
5    Section 2.01e of this amendatory Act of the 95th General
6    Assembly for a period of 2 years from the date of
7    initiation of each such service; costs as exempted by the
8    Board for projects pursuant to Section 2.09 of this Act;
9    or, beginning with the 2007 fiscal year, expenses related
10    to providing ADA paratransit service pursuant to Section
11    2.30 of the Regional Transportation Authority Act; and in
12    fiscal years 2008 through 2012 inclusive, costs in the
13    amount of $200,000,000 in fiscal year 2008, reducing by
14    $40,000,000 in each fiscal year thereafter until this
15    exemption is eliminated; and
16        (ii) that the level of fares charged for ADA
17    paratransit services is sufficient to cause the aggregate
18    of all projected revenues from such fares charged and
19    received in each fiscal year to equal at least 10% of the
20    aggregate costs of providing such ADA paratransit
21    services. However, due to the fiscal impacts of the
22    COVID-19 pandemic, the aggregate of all projected fare
23    revenues from such fares and charges received in fiscal
24    years 2021, 2022, and 2023 may be less than 10% of the
25    aggregate costs of providing such ADA paratransit services
26    in those fiscal years. For purposes of this Act, the

 

 

10200HB0106sam001- 22 -LRB102 03976 AWJ 30187 a

1    percentages in this subsection (b)(ii) shall be referred
2    to as the "system generated ADA paratransit services
3    revenue recovery ratio". For purposes of the system
4    generated ADA paratransit services revenue recovery ratio,
5    "costs" shall include all items properly included as
6    operating costs consistent with generally accepted
7    accounting principles. However, the Board may exclude from
8    costs an amount that does not exceed the allowable
9    "capital costs of contracting" for ADA paratransit
10    services pursuant to the Federal Transit Administration
11    guidelines for the Urbanized Area Formula Program.
12    (c) The actual administrative expenses of the Authority
13for the fiscal year commencing January 1, 1985 may not exceed
14$5,000,000. The actual administrative expenses of the
15Authority for the fiscal year commencing January 1, 1986, and
16for each fiscal year thereafter shall not exceed the maximum
17administrative expenses for the previous fiscal year plus 5%.
18"Administrative expenses" are defined for purposes of this
19Section as all expenses except: (1) capital expenses and
20purchases of the Authority on behalf of the Service Boards;
21(2) payments to Service Boards; and (3) payment of principal
22and interest on bonds, notes or other evidence of obligation
23for borrowed money issued by the Authority; (4) costs for
24passenger security including grants, contracts, personnel,
25equipment and administrative expenses; (5) payments with
26respect to public transportation facilities made pursuant to

 

 

10200HB0106sam001- 23 -LRB102 03976 AWJ 30187 a

1subsection (b) of Section 2.20 of this Act; and (6) any
2payments with respect to rate protection contracts, credit
3enhancements or liquidity agreements made pursuant to Section
44.14.
5    (d) This subsection applies only until the Department
6begins administering and enforcing an increased tax under
7Section 4.03(m) as authorized by this amendatory Act of the
895th General Assembly. After withholding 15% of the proceeds
9of any tax imposed by the Authority and 15% of money received
10by the Authority from the Regional Transportation Authority
11Occupation and Use Tax Replacement Fund, the Board shall
12allocate the proceeds and money remaining to the Service
13Boards as follows: (1) an amount equal to 85% of the proceeds
14of those taxes collected within the City of Chicago and 85% of
15the money received by the Authority on account of transfers to
16the Regional Transportation Authority Occupation and Use Tax
17Replacement Fund from the County and Mass Transit District
18Fund attributable to retail sales within the City of Chicago
19shall be allocated to the Chicago Transit Authority; (2) an
20amount equal to 85% of the proceeds of those taxes collected
21within Cook County outside the City of Chicago and 85% of the
22money received by the Authority on account of transfers to the
23Regional Transportation Authority Occupation and Use Tax
24Replacement Fund from the County and Mass Transit District
25Fund attributable to retail sales within Cook County outside
26of the city of Chicago shall be allocated 30% to the Chicago

 

 

10200HB0106sam001- 24 -LRB102 03976 AWJ 30187 a

1Transit Authority, 55% to the Commuter Rail Board and 15% to
2the Suburban Bus Board; and (3) an amount equal to 85% of the
3proceeds of the taxes collected within the Counties of DuPage,
4Kane, Lake, McHenry and Will shall be allocated 70% to the
5Commuter Rail Board and 30% to the Suburban Bus Board.
6    (e) This subsection applies only until the Department
7begins administering and enforcing an increased tax under
8Section 4.03(m) as authorized by this amendatory Act of the
995th General Assembly. Moneys received by the Authority on
10account of transfers to the Regional Transportation Authority
11Occupation and Use Tax Replacement Fund from the State and
12Local Sales Tax Reform Fund shall be allocated among the
13Authority and the Service Boards as follows: 15% of such
14moneys shall be retained by the Authority and the remaining
1585% shall be transferred to the Service Boards as soon as may
16be practicable after the Authority receives payment. Moneys
17which are distributable to the Service Boards pursuant to the
18preceding sentence shall be allocated among the Service Boards
19on the basis of each Service Board's distribution ratio. The
20term "distribution ratio" means, for purposes of this
21subsection (e) of this Section 4.01, the ratio of the total
22amount distributed to a Service Board pursuant to subsection
23(d) of Section 4.01 for the immediately preceding calendar
24year to the total amount distributed to all of the Service
25Boards pursuant to subsection (d) of Section 4.01 for the
26immediately preceding calendar year.

 

 

10200HB0106sam001- 25 -LRB102 03976 AWJ 30187 a

1    (f) To carry out its duties and responsibilities under
2this Act, the Board shall employ staff which shall: (1)
3propose for adoption by the Board of the Authority rules for
4the Service Boards that establish (i) forms and schedules to
5be used and information required to be provided with respect
6to a five-year capital program, annual budgets, and two-year
7financial plans and regular reporting of actual results
8against adopted budgets and financial plans, (ii) financial
9practices to be followed in the budgeting and expenditure of
10public funds, (iii) assumptions and projections that must be
11followed in preparing and submitting its annual budget and
12two-year financial plan or a five-year capital program; (2)
13evaluate for the Board public transportation programs operated
14or proposed by the Service Boards and transportation agencies
15in terms of the goals and objectives set out in the Strategic
16Plan; (3) keep the Board and the public informed of the extent
17to which the Service Boards and transportation agencies are
18meeting the goals and objectives adopted by the Authority in
19the Strategic Plan; and (4) assess the efficiency or adequacy
20of public transportation services provided by a Service Board
21and make recommendations for change in that service to the end
22that the moneys available to the Authority may be expended in
23the most economical manner possible with the least possible
24duplication.
25    (g) All Service Boards, transportation agencies,
26comprehensive planning agencies, including the Chicago

 

 

10200HB0106sam001- 26 -LRB102 03976 AWJ 30187 a

1Metropolitan Agency for Planning, or transportation planning
2agencies in the metropolitan region shall furnish to the
3Authority such information pertaining to public transportation
4or relevant for plans therefor as it may from time to time
5require. The Executive Director, or his or her designee,
6shall, for the purpose of securing any such information
7necessary or appropriate to carry out any of the powers and
8responsibilities of the Authority under this Act, have access
9to, and the right to examine, all books, documents, papers or
10records of a Service Board or any transportation agency
11receiving funds from the Authority or Service Board, and such
12Service Board or transportation agency shall comply with any
13request by the Executive Director, or his or her designee,
14within 30 days or an extended time provided by the Executive
15Director.
16    (h) No Service Board shall undertake any capital
17improvement which is not identified in the Five-Year Capital
18Program.
19    (i) Each Service Board shall furnish to the Board access
20to its financial information including, but not limited to,
21audits and reports. The Board shall have real-time access to
22the financial information of the Service Boards; however, the
23Board shall be granted read-only access to the Service Board's
24financial information.
25(Source: P.A. 98-1027, eff. 1-1-15.)
 

 

 

10200HB0106sam001- 27 -LRB102 03976 AWJ 30187 a

1    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
2    Sec. 4.09. Public Transportation Fund and the Regional
3Transportation Authority Occupation and Use Tax Replacement
4Fund.
5    (a)(1) Except as otherwise provided in paragraph (4), as
6soon as possible after the first day of each month, beginning
7July 1, 1984, upon certification of the Department of Revenue,
8the Comptroller shall order transferred and the Treasurer
9shall transfer from the General Revenue Fund to a special fund
10in the State Treasury to be known as the Public Transportation
11Fund an amount equal to 25% of the net revenue, before the
12deduction of the serviceman and retailer discounts pursuant to
13Section 9 of the Service Occupation Tax Act and Section 3 of
14the Retailers' Occupation Tax Act, realized from any tax
15imposed by the Authority pursuant to Sections 4.03 and 4.03.1
16and 25% of the amounts deposited into the Regional
17Transportation Authority tax fund created by Section 4.03 of
18this Act, from the County and Mass Transit District Fund as
19provided in Section 6z-20 of the State Finance Act and 25% of
20the amounts deposited into the Regional Transportation
21Authority Occupation and Use Tax Replacement Fund from the
22State and Local Sales Tax Reform Fund as provided in Section
236z-17 of the State Finance Act. On the first day of the month
24following the date that the Department receives revenues from
25increased taxes under Section 4.03(m) as authorized by Public
26Act 95-708, in lieu of the transfers authorized in the

 

 

10200HB0106sam001- 28 -LRB102 03976 AWJ 30187 a

1preceding sentence, upon certification of the Department of
2Revenue, the Comptroller shall order transferred and the
3Treasurer shall transfer from the General Revenue Fund to the
4Public Transportation Fund an amount equal to 25% of the net
5revenue, before the deduction of the serviceman and retailer
6discounts pursuant to Section 9 of the Service Occupation Tax
7Act and Section 3 of the Retailers' Occupation Tax Act,
8realized from (i) 80% of the proceeds of any tax imposed by the
9Authority at a rate of 1.25% in Cook County, (ii) 75% of the
10proceeds of any tax imposed by the Authority at the rate of 1%
11in Cook County, and (iii) one-third of the proceeds of any tax
12imposed by the Authority at the rate of 0.75% in the Counties
13of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
14Section 4.03, and 25% of the net revenue realized from any tax
15imposed by the Authority pursuant to Section 4.03.1, and 25%
16of the amounts deposited into the Regional Transportation
17Authority tax fund created by Section 4.03 of this Act from the
18County and Mass Transit District Fund as provided in Section
196z-20 of the State Finance Act, and 25% of the amounts
20deposited into the Regional Transportation Authority
21Occupation and Use Tax Replacement Fund from the State and
22Local Sales Tax Reform Fund as provided in Section 6z-17 of the
23State Finance Act. As used in this Section, net revenue
24realized for a month shall be the revenue collected by the
25State pursuant to Sections 4.03 and 4.03.1 during the previous
26month from within the metropolitan region, less the amount

 

 

10200HB0106sam001- 29 -LRB102 03976 AWJ 30187 a

1paid out during that same month as refunds to taxpayers for
2overpayment of liability in the metropolitan region under
3Sections 4.03 and 4.03.1.
4    Notwithstanding any provision of law to the contrary,
5beginning on July 6, 2017 (the effective date of Public Act
6100-23), those amounts required under this paragraph (1) of
7subsection (a) to be transferred by the Treasurer into the
8Public Transportation Fund from the General Revenue Fund shall
9be directly deposited into the Public Transportation Fund as
10the revenues are realized from the taxes indicated.
11    (2) Except as otherwise provided in paragraph (4), on
12February 1, 2009 (the first day of the month following the
13effective date of Public Act 95-708) and each month
14thereafter, upon certification by the Department of Revenue,
15the Comptroller shall order transferred and the Treasurer
16shall transfer from the General Revenue Fund to the Public
17Transportation Fund an amount equal to 5% of the net revenue,
18before the deduction of the serviceman and retailer discounts
19pursuant to Section 9 of the Service Occupation Tax Act and
20Section 3 of the Retailers' Occupation Tax Act, realized from
21any tax imposed by the Authority pursuant to Sections 4.03 and
224.03.1 and certified by the Department of Revenue under
23Section 4.03(n) of this Act to be paid to the Authority and 5%
24of the amounts deposited into the Regional Transportation
25Authority tax fund created by Section 4.03 of this Act from the
26County and Mass Transit District Fund as provided in Section

 

 

10200HB0106sam001- 30 -LRB102 03976 AWJ 30187 a

16z-20 of the State Finance Act, and 5% of the amounts deposited
2into the Regional Transportation Authority Occupation and Use
3Tax Replacement Fund from the State and Local Sales Tax Reform
4Fund as provided in Section 6z-17 of the State Finance Act, and
55% of the revenue realized by the Chicago Transit Authority as
6financial assistance from the City of Chicago from the
7proceeds of any tax imposed by the City of Chicago under
8Section 8-3-19 of the Illinois Municipal Code.
9    Notwithstanding any provision of law to the contrary,
10beginning on July 6, 2017 (the effective date of Public Act
11100-23), those amounts required under this paragraph (2) of
12subsection (a) to be transferred by the Treasurer into the
13Public Transportation Fund from the General Revenue Fund shall
14be directly deposited into the Public Transportation Fund as
15the revenues are realized from the taxes indicated.
16    (3) Except as otherwise provided in paragraph (4), as soon
17as possible after the first day of January, 2009 and each month
18thereafter, upon certification of the Department of Revenue
19with respect to the taxes collected under Section 4.03, the
20Comptroller shall order transferred and the Treasurer shall
21transfer from the General Revenue Fund to the Public
22Transportation Fund an amount equal to 25% of the net revenue,
23before the deduction of the serviceman and retailer discounts
24pursuant to Section 9 of the Service Occupation Tax Act and
25Section 3 of the Retailers' Occupation Tax Act, realized from
26(i) 20% of the proceeds of any tax imposed by the Authority at

 

 

10200HB0106sam001- 31 -LRB102 03976 AWJ 30187 a

1a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
2tax imposed by the Authority at the rate of 1% in Cook County,
3and (iii) one-third of the proceeds of any tax imposed by the
4Authority at the rate of 0.75% in the Counties of DuPage, Kane,
5Lake, McHenry, and Will, all pursuant to Section 4.03, and the
6Comptroller shall order transferred and the Treasurer shall
7transfer from the General Revenue Fund to the Public
8Transportation Fund (iv) an amount equal to 25% of the revenue
9realized by the Chicago Transit Authority as financial
10assistance from the City of Chicago from the proceeds of any
11tax imposed by the City of Chicago under Section 8-3-19 of the
12Illinois Municipal Code.
13    Notwithstanding any provision of law to the contrary,
14beginning on July 6, 2017 (the effective date of Public Act
15100-23), those amounts required under this paragraph (3) of
16subsection (a) to be transferred by the Treasurer into the
17Public Transportation Fund from the General Revenue Fund shall
18be directly deposited into the Public Transportation Fund as
19the revenues are realized from the taxes indicated.
20    (4) Notwithstanding any provision of law to the contrary,
21of the transfers to be made under paragraphs (1), (2), and (3)
22of this subsection (a) from the General Revenue Fund to the
23Public Transportation Fund, the first $150,000,000 that would
24have otherwise been transferred from the General Revenue Fund
25shall be transferred from the Road Fund. The remaining balance
26of such transfers shall be made from the General Revenue Fund.

 

 

10200HB0106sam001- 32 -LRB102 03976 AWJ 30187 a

1    (5) (Blank).
2    (6) (Blank).
3    (7) For State fiscal year 2020 only, notwithstanding any
4provision of law to the contrary, the total amount of revenue
5and deposits under this Section attributable to revenues
6realized during State fiscal year 2020 shall be reduced by 5%.
7    (8) For State fiscal year 2021 only, notwithstanding any
8provision of law to the contrary, the total amount of revenue
9and deposits under this Section attributable to revenues
10realized during State fiscal year 2021 shall be reduced by 5%.
11    (b)(1) All moneys deposited in the Public Transportation
12Fund and the Regional Transportation Authority Occupation and
13Use Tax Replacement Fund, whether deposited pursuant to this
14Section or otherwise, are allocated to the Authority, except
15for amounts appropriated to the Office of the Executive
16Inspector General as authorized by subsection (h) of Section
174.03.3 and amounts transferred to the Audit Expense Fund
18pursuant to Section 6z-27 of the State Finance Act. The
19Comptroller, as soon as possible after each monthly transfer
20provided in this Section and after each deposit into the
21Public Transportation Fund, shall order the Treasurer to pay
22to the Authority out of the Public Transportation Fund the
23amount so transferred or deposited. Any Additional State
24Assistance and Additional Financial Assistance paid to the
25Authority under this Section shall be expended by the
26Authority for its purposes as provided in this Act. The

 

 

10200HB0106sam001- 33 -LRB102 03976 AWJ 30187 a

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

 

 

10200HB0106sam001- 34 -LRB102 03976 AWJ 30187 a

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

 

 

10200HB0106sam001- 35 -LRB102 03976 AWJ 30187 a

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

 

 

10200HB0106sam001- 36 -LRB102 03976 AWJ 30187 a

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

 

 

10200HB0106sam001- 37 -LRB102 03976 AWJ 30187 a

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

 

 

10200HB0106sam001- 38 -LRB102 03976 AWJ 30187 a

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

 

 

10200HB0106sam001- 39 -LRB102 03976 AWJ 30187 a

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

 

 

10200HB0106sam001- 40 -LRB102 03976 AWJ 30187 a

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

 

 

10200HB0106sam001- 41 -LRB102 03976 AWJ 30187 a

1    Section 2.30 of the Regional Transportation Authority Act;
2    or in fiscal years 2008 through 2012 inclusive, costs in
3    the amount of $200,000,000 in fiscal year 2008, reducing
4    by $40,000,000 in each fiscal year thereafter until this
5    exemption is eliminated. If said system generated revenues
6    are less than 50% of said costs, the Board shall remit an
7    amount equal to the amount of the deficit to the State;
8    however, due to the fiscal impacts from the COVID-19
9    pandemic, for fiscal years 2021, 2022, and 2023, no such
10    payment shall be required. The Treasurer shall deposit any
11    such payment in the Road Fund; and
12        (ii) whether, beginning with the 2007 fiscal year, the
13    aggregate of all fares charged and received for ADA
14    paratransit services equals the system generated ADA
15    paratransit services revenue recovery ratio percentage of
16    the aggregate of all costs of providing such ADA
17    paratransit services.
18    (h) If the Authority makes any payment to the State under
19paragraph (g), the Authority shall reduce the amount provided
20to a Service Board from funds transferred under paragraph (a)
21in proportion to the amount by which that Service Board failed
22to meet its required system generated revenues recovery ratio.
23A Service Board which is affected by a reduction in funds under
24this paragraph shall submit to the Authority concurrently with
25its next due quarterly report a revised budget incorporating
26the reduction in funds. The revised budget must meet the

 

 

10200HB0106sam001- 42 -LRB102 03976 AWJ 30187 a

1criteria specified in clauses (i) through (vi) of Section
24.11(b)(2). The Board shall review and act on the revised
3budget as provided in Section 4.11(b)(3).
4(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
5101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
6    Section 20. The Employee Sick Leave Act is amended by
7changing Section 21 as follows:
 
8    (820 ILCS 191/21)
9    Sec. 21. Employments exempted from coverage.
10    (a) This Act does not apply to an employee of an employer
11subject to the provisions of Title II of the Railway Labor Act
12(45 U.S.C. 181 et seq.) or to an employer or employee as
13defined in either the federal Railroad Unemployment Insurance
14Act (45 U.S.C. 351 et seq.) or the Federal Employers'
15Liability Act, United States Code, Title 45, Sections 51
16through 60, or other comparable federal law.
17    (b) Nothing in this Act shall be construed to invalidate,
18diminish, or otherwise interfere with any collective
19bargaining agreement nor shall it be construed to invalidate,
20diminish, or otherwise interfere with any party's power to
21collectively bargain such an agreement.
22    (c) This Act does not apply to any other employment
23expressly exempted under rules adopted by the Department as
24necessary to implement this Act in accordance with applicable

 

 

10200HB0106sam001- 43 -LRB102 03976 AWJ 30187 a

1State and federal law.
2(Source: P.A. 99-921, eff. 1-13-17.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".