Full Text of HB1342 103rd General Assembly
HB1342enr 103RD GENERAL ASSEMBLY |
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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 | | Section 5. The Metropolitan Transit Authority Act is | 5 | | amended by changing Sections 31 and 51 as follows:
| 6 | | (70 ILCS 3605/31) (from Ch. 111 2/3, par. 331)
| 7 | | Sec. 31.
The Board shall have power to pass all ordinances | 8 | | and make
all rules and regulations proper or necessary to | 9 | | regulate the use,
operation and maintenance of its property | 10 | | and facilities, and to carry
into effect the powers granted to | 11 | | the Authority, with such fines or
penalties , including | 12 | | ordinances, rules, and regulations concerning the suspension | 13 | | of riding privileges or confiscation of fare media under | 14 | | Section 2.40 of the Regional Transportation Authority Act, as | 15 | | may be deemed proper. No fine or penalty shall exceed
$300.00, | 16 | | and no imprisonment shall exceed six (6) months for one
| 17 | | offense. All fines and penalties shall be imposed by | 18 | | ordinances, which
shall be published in a newspaper of
general | 19 | | circulation published in
the metropolitan area. No such | 20 | | ordinance shall take effect until ten
days after its | 21 | | publication.
| 22 | | (Source: P.A. 80-937.)
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| 1 | | (70 ILCS 3605/51) | 2 | | Sec. 51. Free and reduced fare services; eligibility. | 3 | | (a) Notwithstanding any law to the contrary, no later than | 4 | | 60 days following the effective date of this amendatory Act of | 5 | | the 95th General Assembly and until subsection (b) is | 6 | | implemented, any fixed route public transportation services | 7 | | provided by, or under grant or purchase of service contracts | 8 | | of, the Board shall be provided without charge to all senior | 9 | | citizens of the Metropolitan Region (as such term is defined | 10 | | in 70 ILCS 3615/1.03) aged 65 and older, under such conditions | 11 | | as shall be prescribed by the Board.
| 12 | | (b) Notwithstanding any law to the contrary, no later than | 13 | | 180 days following the effective date of this amendatory Act | 14 | | of the 96th General Assembly, any fixed route public | 15 | | transportation services provided by, or under grant or | 16 | | purchase of service contracts of, the Board shall be provided | 17 | | without charge to senior citizens aged 65 and older who meet | 18 | | the income eligibility limitation set forth in subsection | 19 | | (a-5) of Section 4 of the Senior Citizens and Persons with | 20 | | Disabilities Property Tax Relief Act, under such conditions as | 21 | | shall be prescribed by the Board. The Department on Aging | 22 | | shall furnish all information reasonably necessary to | 23 | | determine eligibility, including updated lists of individuals | 24 | | who are eligible for services without charge under this | 25 | | Section. Nothing in this Section shall relieve the Board from | 26 | | providing reduced fares as may be required by federal law. |
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| 1 | | (c) The Board shall partner with the City of Chicago to | 2 | | provide transportation at reduced fares for participants in | 3 | | programs that offer employment and internship opportunities to | 4 | | youth and young adults ages 14 through 24. | 5 | | (Source: P.A. 99-143, eff. 7-27-15.) | 6 | | Section 10. The Local Mass Transit District Act is amended | 7 | | by changing Section 5 and adding Section 5.6 as follows:
| 8 | | (70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
| 9 | | Sec. 5.
(a) The Board of Trustees of every District may | 10 | | establish or
acquire any or all manner of mass transit | 11 | | facility. The Board may engage
in the business of | 12 | | transportation of passengers on scheduled routes and
by | 13 | | contract on nonscheduled routes within the territorial limits | 14 | | of the
counties or municipalities creating the District, by | 15 | | whatever means it
may decide. Its routes may be extended | 16 | | beyond such territorial limits
with the consent of the | 17 | | governing bodies of the municipalities or
counties into which | 18 | | such operation is extended.
| 19 | | (b) The Board of Trustees of every District may for the | 20 | | purposes of
the District, acquire by gift, purchase, lease, | 21 | | legacy, condemnation, or
otherwise and hold, use, improve, | 22 | | maintain, operate, own, manage or
lease, as lessor or lessee, | 23 | | such cars, buses, equipment, buildings,
structures, real and | 24 | | personal property, and interests therein, and services,
lands |
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| 1 | | for
terminal and other related facilities, improvements and | 2 | | services, or
any interest therein, including all or
any part | 3 | | of the plant, land, buildings, equipment, vehicles, licenses,
| 4 | | franchises,
patents, property, service contracts and | 5 | | agreements of every kind and
nature.
Real property may be so | 6 | | acquired if it is situated within or partially
within the area | 7 | | served by the District or if it is outside the area
if it is | 8 | | desirable or necessary for the purposes of the District.
| 9 | | (c) The Board of Trustees of every District which | 10 | | establishes, provides,
or
acquires mass transit facilities or | 11 | | services may contract with any person
or
corporation or public | 12 | | or private entity for the operation or provision
thereof upon | 13 | | such terms and conditions as
the District shall determine.
| 14 | | (d) The Board of Trustees of every District shall have the | 15 | | authority
to contract for any and all purposes of the | 16 | | District, including with an
interstate
transportation | 17 | | authority, or with another local
Mass Transit District or any | 18 | | other municipal, public, or private
corporation
entity in
the | 19 | | transportation business including the authority to contract to | 20 | | lease
its or otherwise provide land, buildings, and equipment, | 21 | | and other
related facilities, improvements, and services, for | 22 | | the carriage of
passengers beyond the territorial
limits of | 23 | | the District or to subsidize transit operations by a public or
| 24 | | private
or municipal corporation operating entity providing | 25 | | mass transit
facilities.
| 26 | | (e) The Board of Trustees of every District shall have the |
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| 1 | | authority
to establish, alter and discontinue transportation | 2 | | routes and services and
any or all
ancillary or supporting | 3 | | facilities and services, and to establish and amend
rate
| 4 | | schedules for the transportation of persons thereon or for the | 5 | | public or
private use thereof which rate schedules shall, | 6 | | together with any
grants, receipts or income from other | 7 | | sources, be sufficient to pay the
expenses of the District, | 8 | | the repair, maintenance and the safe and
adequate operation of | 9 | | its mass transit facilities and public mass
transportation
| 10 | | system and to fulfill the terms of its debts, undertakings, | 11 | | and
obligations.
| 12 | | (f) The Board of Trustees of every District shall have | 13 | | perpetual
succession and shall have the following powers in | 14 | | addition to any others
in this Act granted:
| 15 | | (1) to sue and be sued;
| 16 | | (2) to adopt and use a seal;
| 17 | | (3) to make and execute contracts loans, leases, | 18 | | subleases, installment
purchase agreements, contracts, | 19 | | notes and other instruments evidencing
financial | 20 | | obligations, and other instruments necessary or
convenient | 21 | | in the exercise of its powers;
| 22 | | (4) to make, amend and repeal bylaws, rules and | 23 | | regulations not
inconsistent with this Act , including | 24 | | rules and regulations proper or necessary to regulate the | 25 | | use, operation, and maintenance of its properties and | 26 | | facilities and to carry into effect the powers granted to |
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| 1 | | the Board of Trustees, with any necessary fines or | 2 | | penalties, such as the suspension of riding privileges or | 3 | | confiscation of fare media under Section 5.6, as the Board | 4 | | deems proper ;
| 5 | | (5) to sell, lease, sublease, license, transfer, | 6 | | convey or
otherwise dispose of any of its real or personal | 7 | | property, or
interests
therein, in whole or in part, at | 8 | | any time upon such terms and conditions as
it may | 9 | | determine,
with public bidding if the value exceeds $1,000 | 10 | | at negotiated, competitive,
public, or private sale;
| 11 | | (6) to invest funds, not required for immediate | 12 | | disbursement, in
property, agreements, or securities legal | 13 | | for investment of public
funds
controlled by
savings banks | 14 | | under applicable law;
| 15 | | (7) to mortgage, pledge, hypothecate or otherwise | 16 | | encumber all or
any part of its real or personal property | 17 | | or other assets, or
interests therein;
| 18 | | (8) to apply for, accept and use grants, loans or | 19 | | other financial
assistance from any private entity or | 20 | | municipal, county, State or Federal
governmental
agency or | 21 | | other public entity;
| 22 | | (9) to borrow money from the United States Government | 23 | | or any agency
thereof, or from any other public or private | 24 | | source, for the purposes of
the District and,
as evidence | 25 | | thereof, to issue its revenue bonds, payable solely from | 26 | | the
revenue derived from the operation of the District. |
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| 1 | | These bonds may be
issued with maturities not exceeding 40 | 2 | | years from the date of the
bonds, and in such amounts as | 3 | | may be necessary to provide sufficient
funds, together | 4 | | with interest, for the purposes of the District. These
| 5 | | bonds shall bear interest at a rate of not more than the | 6 | | maximum rate
authorized by the Bond Authorization Act, as | 7 | | amended at the time of the
making of the contract of sale, | 8 | | payable semi-annually, may be made
registerable as to
| 9 | | principal, and may be made payable and callable as | 10 | | provided on any
interest payment date at a price of
par and | 11 | | accrued interest under such terms and conditions as may be | 12 | | fixed by the
ordinance authorizing the issuance of the | 13 | | bonds. Bonds issued under this
Section are negotiable | 14 | | instruments. They shall be executed by the chairman and
| 15 | | members of the Board of Trustees, attested by the | 16 | | secretary, and shall be
sealed with the corporate seal of
| 17 | | the District. In case any Trustee or officer whose | 18 | | signature appears on the
bonds or
coupons ceases to hold | 19 | | that office before the bonds are delivered, such
officer's
| 20 | | signature, shall nevertheless be valid and sufficient for | 21 | | all purposes, the
same as though such officer had remained | 22 | | in office until the bonds
were delivered. The
bonds shall | 23 | | be sold in such manner and upon such terms as the Board of | 24 | | Trustees
shall determine, except that the selling price | 25 | | shall be such that the interest
cost to the District of the | 26 | | proceeds of the bonds shall not exceed the maximum
rate |
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| 1 | | authorized by the Bond Authorization Act, as amended at | 2 | | the time of the
making of the contract of sale, payable | 3 | | semi-annually, computed to maturity
according
to the | 4 | | standard table of bond values.
| 5 | | The ordinance shall fix the amount of revenue bonds | 6 | | proposed to be
issued, the maturity or maturities, the | 7 | | interest rate, which shall not
exceed the maximum rate | 8 | | authorized by the Bond Authorization Act, as amended
at | 9 | | the time of the making of the contract of sale, and all the | 10 | | details in
connection
with the bonds. The ordinance may | 11 | | contain such covenants and restrictions upon
the issuance | 12 | | of additional revenue bonds thereafter, which will share | 13 | | equally
in the revenue of the District, as may be deemed | 14 | | necessary or advisable for
the
assurance of the payment of | 15 | | the bonds first issued. Any District may also
provide in | 16 | | the ordinance authorizing the issuance of bonds under this | 17 | | Section
that the bonds, or such ones thereof as may be | 18 | | specified, shall, to the extent
and in the manner | 19 | | prescribed, be subordinated and be junior in standing, | 20 | | with
respect to the payment of principal and interest and | 21 | | the security thereof, to
such other bonds as are | 22 | | designated in the ordinance.
| 23 | | The ordinance shall pledge the revenue derived from | 24 | | the operations of
the District for the purpose of paying | 25 | | the cost of operation and
maintenance of the District, | 26 | | and, as applicable, providing adequate
depreciation funds,
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| 1 | | and paying the principal of and interest on the bonds of | 2 | | the District
issued under this Section;
| 3 | | (10) subject to Section 5.1, to levy a tax on property | 4 | | within the
District at the rate of not to exceed .25% on | 5 | | the assessed value of such
property in the manner provided | 6 | | in the Illinois Municipal Budget Law;
| 7 | | (11) to issue tax anticipation warrants;
| 8 | | (12) to contract with any school district in this | 9 | | State to provide
for the transportation of pupils to and | 10 | | from school within such district
pursuant to the | 11 | | provisions of Section 29-15 of the School Code;
| 12 | | (13) to provide for the insurance of any property, | 13 | | directors,
officers, employees or operations of the | 14 | | District against any risk or
hazard, and to self-insure or | 15 | | participate in joint self-insurance pools or
entities to | 16 | | insure against such risk or hazard;
| 17 | | (14) to use its established funds, personnel, and | 18 | | other resources to
acquire, construct, operate, and | 19 | | maintain bikeways and trails. Districts
may cooperate with | 20 | | other governmental and private agencies in bikeway and
| 21 | | trail programs; and
| 22 | | (15) to acquire, own, maintain, construct, | 23 | | reconstruct, improve, repair,
operate or lease any | 24 | | light-rail public transportation system, terminal,
| 25 | | terminal facility, public airport, or bridge or toll | 26 | | bridge across waters with
any city, state, or both.
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| 1 | | With respect to instruments for the payment of money | 2 | | issued under this
Section either before, on, or after June 6, | 3 | | 1989 (the effective date of Public Act 86-4), it is and always | 4 | | has been the intention of the General
Assembly (i) that the | 5 | | Omnibus Bond Acts are and always have been
supplementary | 6 | | grants of power to issue instruments in accordance with the
| 7 | | Omnibus Bond Acts, regardless of any provision of this Act | 8 | | that may appear
to be or to have been more restrictive than | 9 | | those Acts, (ii) that the
provisions of this Section are not a | 10 | | limitation on the supplementary
authority granted by the | 11 | | Omnibus Bond Acts, and (iii) that instruments
issued under | 12 | | this Section within the supplementary authority granted
by the | 13 | | Omnibus Bond Acts are not invalid because of any provision of
| 14 | | this Act that may appear to be or to have been more restrictive | 15 | | than
those Acts.
| 16 | | This Section shall be liberally construed to give effect | 17 | | to its purposes.
| 18 | | (Source: P.A. 99-642, eff. 7-28-16.)
| 19 | | (70 ILCS 3610/5.6 new) | 20 | | Sec. 5.6. Suspension of riding privileges and confiscation | 21 | | of fare media. | 22 | | (a) As used in this Section, "demographic information" | 23 | | includes, but is not limited to, age, race, ethnicity, gender, | 24 | | and housing status, as that term is defined under Section 10 of | 25 | | the Bill of Rights for the Homeless Act. |
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| 1 | | (b) Suspension of riding privileges and confiscation of | 2 | | fare media are limited to: | 3 | | (1) violations where the person's conduct places | 4 | | transit employees or transit passengers in reasonable | 5 | | apprehension of a threat to their safety or the safety of | 6 | | others, including assault and battery, as
those terms are | 7 | | defined under Sections 12-1 and 12-3 of the Criminal Code | 8 | | of 2012; | 9 | | (2) violations where the person's conduct places | 10 | | transit employees or transit passengers in reasonable | 11 | | apprehension of a threat of a criminal sexual assault, as | 12 | | that term is defined under Section 11-1.20 of the Criminal | 13 | | Code of 2012; and | 14 | | (3) violations involving an act of public indecency, | 15 | | as that term is defined in Section 11-30 of the Criminal | 16 | | Code of 2012. | 17 | | (c) Written notice shall be provided to an individual | 18 | | regarding the suspension of the individual's riding privileges | 19 | | or confiscation of fare media.
The notice shall be provided in | 20 | | person at the time of the alleged violation, except that, if | 21 | | providing notice in person at the time of the alleged | 22 | | violation is not practicable, then the Authority shall make a | 23 | | reasonable effort to provide notice to the individual by | 24 | | either personal service, by mailing a copy of the notice by | 25 | | certified mail, return receipt requested, and first-class mail | 26 | | to the person's current address, or by emailing a copy of the |
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| 1 | | notice to an email address on file, if available. If the person | 2 | | is known to be detained in jail, service shall be made as | 3 | | provided under Section 2-203.2 of the Code of Civil Procedure. | 4 | | The written notice shall be sufficient to inform the | 5 | | individual about the following: | 6 | | (1) the nature of the suspension of riding privileges | 7 | | or confiscation of fare media; | 8 | | (2) the person's rights and available remedies to | 9 | | contest or appeal the suspension of riding privileges or | 10 | | confiscation of fare media and to apply for reinstatement | 11 | | of riding privileges; and | 12 | | (3) the procedures for adjudicating whether a | 13 | | suspension or confiscation is warranted and for applying | 14 | | for reinstatement of riding privileges, including the time | 15 | | and location of any hearing. | 16 | | The process to determine whether a suspension or riding | 17 | | privileges or confiscation of fare media is warranted and the | 18 | | length of the suspension shall be concluded within 30 business | 19 | | days after the individual receives notice of the suspension or | 20 | | confiscation. | 21 | | Notwithstanding any other provision of this Section, no | 22 | | person shall be denied the ability to contest or appeal a | 23 | | suspension of riding privileges or confiscation of fare media, | 24 | | or to attend a hearing to determine whether a
suspension or | 25 | | confiscation was warranted, because the person was detained in | 26 | | a jail. |
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| 1 | | (d) Each Board shall create an administrative suspension | 2 | | hearing process as follows: | 3 | | (1) A Board shall designate an official to oversee the | 4 | | administrative process to decide whether a suspension is | 5 | | warranted and the length of the suspension. | 6 | | (2) The accused and related parties, including legal | 7 | | counsel, may attend this hearing in person, by telephone, | 8 | | or virtually. | 9 | | (3) The Board shall present the suspension-related | 10 | | evidence and outline the evidence that supports the need | 11 | | for the suspension. | 12 | | (4) The accused or the accused's legal counsel can | 13 | | present and may make an oral or written presentation and | 14 | | offer documents, including affidavits, in response to the | 15 | | Board's evidence. | 16 | | (5) The Board's designated official shall make a | 17 | | finding on the suspension. | 18 | | (6) The value of unexpended credit or unexpired passes | 19 | | shall be reimbursed upon suspension of riding privileges | 20 | | or confiscation of fare media. | 21 | | (7) The alleged victims of the violation and related | 22 | | parties, including witnesses who were present, may attend | 23 | | this hearing in person, by telephone, or virtually. | 24 | | (8) The alleged victims of the violation and related | 25 | | parties, including witnesses who were present, can present | 26 | | and may make an oral or written presentation and offer |
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| 1 | | documents, including affidavits, in response to the | 2 | | Board's evidence. | 3 | | (e) Each Board shall create a process to appeal and | 4 | | reinstate ridership privileges. This information shall be | 5 | | provided
to the suspended rider at the time of the Board's | 6 | | findings.
A suspended rider is entitled to 2 appeals after the | 7 | | Board's finding to suspend the person's ridership.
A suspended | 8 | | rider may petition the Board to reinstate the person's | 9 | | ridership privileges one calendar year after the Board's | 10 | | suspension finding if the length of the suspension is more | 11 | | than one year. | 12 | | (f) Each Board shall collect, report, and make publicly | 13 | | available in a quarterly timeframe the number and demographic | 14 | | information of people subject to suspension of riding | 15 | | privileges or confiscation of fare media, the conduct leading | 16 | | to the suspension or confiscation, as well as the location and | 17 | | description of the location where the conduct occurred, such | 18 | | as identifying the transit station or transit line, date, and | 19 | | time of day, a citation to the statutory authority for which | 20 | | the accused person was arrested or charged, the amount, if | 21 | | any, on the fare media, and the length of the suspension. | 22 | | Section 15. The Regional Transportation Authority Act is | 23 | | amended by changing Sections 3A.09, 4.01, and 4.09 and by | 24 | | adding Sections 2.10a, 2.40, 2.41, 2.42, 3.12, and 3B.09c as | 25 | | follows: |
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| 1 | | (70 ILCS 3615/2.10a new) | 2 | | Sec. 2.10a. Zero-emission buses. | 3 | | (a) As used in this Section: | 4 | | "Zero-emission bus" means a bus that is: | 5 | | (1) designed to carry more than 10 passengers and is | 6 | | used to carry passengers for compensation. | 7 | | (2) a zero-emission vehicle; and | 8 | | (3) not a taxi. | 9 | | "Zero-emission vehicle" means a fuel cell or electric | 10 | | vehicle that: | 11 | | (1) is a motor vehicle; | 12 | | (2) is made by a commercial manufacturer; | 13 | | (3) is manufactured primarily for use on public | 14 | | streets, roads, and highways; | 15 | | (4) has a maximum speed capability of at least 55 | 16 | | miles per hour; | 17 | | (5) is powered entirely by electricity or powered by | 18 | | combining hydrogen and oxygen, which runs the motor; | 19 | | (6) has an operating range of at least 100 miles; and | 20 | | (7) produces only water vapor and heat as byproducts. | 21 | | (b) On or after July 1, 2026, a Service Board may not enter | 22 | | into a new contract to purchase a bus that is not a | 23 | | zero-emission bus for the purpose of the Service Board's | 24 | | transit bus fleet. | 25 | | (c) For the purposes of determining compliance with this |
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| 1 | | Section, a Service Board shall not be deemed to be in violation | 2 | | of this Section when failure to comply is due to: | 3 | | (1) the unavailability of zero-emission buses from a | 4 | | manufacturer or funding to purchase zero-emission buses; | 5 | | (2) the lack of necessary charging, fueling, or | 6 | | storage facilities or funding to procure charging, | 7 | | fueling, or storage facilities; or | 8 | | (3) the inability of a third party to enter into a | 9 | | contractual or commercial relationship with a Service | 10 | | Board that is necessary to carry out the purposes of this | 11 | | Section. | 12 | | (70 ILCS 3615/2.40 new) | 13 | | Sec. 2.40. Suspension of riding privileges and | 14 | | confiscation of fare media. | 15 | | (a) As used in this Section, "demographic information" | 16 | | includes, but is not limited to, age, race, ethnicity, gender, | 17 | | and housing status, as that term is defined under Section 10 of | 18 | | the Bill of Rights for the Homeless Act. | 19 | | (b) Suspension of riding privileges and confiscation of | 20 | | fare media are limited to: | 21 | | (1) violations where the person's conduct places | 22 | | transit employees or transit passengers in reasonable | 23 | | apprehension of a threat to their safety or the safety of | 24 | | others, including assault and battery, as
those terms are | 25 | | defined under Sections 12-1 and 12-3 of the Criminal Code |
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| 1 | | of 2012; | 2 | | (2) violations where the person's conduct places | 3 | | transit employees or transit passengers in reasonable | 4 | | apprehension of a threat of a criminal sexual assault, as | 5 | | that term is defined under Section 11-1.20 of the Criminal | 6 | | Code of 2012; and | 7 | | (3) violations involving an act of public indecency, | 8 | | as that term is defined in Section 11-30 of the Criminal | 9 | | Code of 2012. | 10 | | (c) Written notice shall be provided to an individual | 11 | | regarding the suspension of the individual's riding privileges | 12 | | or confiscation of fare media.
The notice shall be provided in | 13 | | person at the time of the alleged violation, except that, if | 14 | | providing notice in person at the time of the alleged | 15 | | violation is not practicable, then the Authority shall make a | 16 | | reasonable effort to provide notice to the individual by | 17 | | personal service, by mailing a copy of the notice by certified | 18 | | mail, return receipt requested, and first-class mail to the | 19 | | person's current address, or by emailing a copy of the notice | 20 | | to an email address on file, if available. If the person is | 21 | | known to be detained in jail, service shall be made as provided | 22 | | under Section 2-203.2 of the Code of Civil Procedure. The | 23 | | written notice shall be sufficient to inform the individual | 24 | | about the following: | 25 | | (1) the nature of the suspension of riding privileges | 26 | | or confiscation of fare media; |
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| 1 | | (2) the person's rights and available remedies to | 2 | | contest or appeal the suspension of riding privileges or | 3 | | confiscation of fare media and to apply for reinstatement | 4 | | of riding privileges; and | 5 | | (3) the procedures for adjudicating whether a | 6 | | suspension or confiscation is warranted and for applying | 7 | | for reinstatement of riding privileges, including the time | 8 | | and location of any hearing. | 9 | | The process to determine whether a suspension or riding | 10 | | privileges or confiscation of fare media is warranted and the | 11 | | length of the suspension shall be concluded within 30 business | 12 | | days after the individual receives notice of the suspension or | 13 | | confiscation. | 14 | | Notwithstanding any other provision of this Section, no | 15 | | person shall be denied the ability to contest or appeal a | 16 | | suspension of riding privileges or confiscation of fare media, | 17 | | or to attend a hearing to determine whether a
suspension or | 18 | | confiscation was warranted, because the person was detained in | 19 | | a jail. | 20 | | (d) Each Service Board shall create an administrative | 21 | | suspension hearing process as follows: | 22 | | (1) A Service Board shall designate an official to | 23 | | oversee the administrative process to decide whether a | 24 | | suspension is warranted and the length of the suspension. | 25 | | (2) The accused and related parties, including legal | 26 | | counsel, may attend this hearing in person, by telephone, |
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| 1 | | or virtually. | 2 | | (3) The Service Board shall present the | 3 | | suspension-related evidence and outline the evidence that | 4 | | supports the need for the suspension. | 5 | | (4) The accused or the accused's legal counsel can | 6 | | present and may make an oral or written presentation and | 7 | | offer documents, including affidavits, in response to the | 8 | | Service Board's evidence. | 9 | | (5) The Service Board's designated official shall make | 10 | | a finding on the suspension. | 11 | | (6) The value of unexpended credit or unexpired passes | 12 | | shall be reimbursed upon suspension of riding privileges | 13 | | or confiscation of fare media. | 14 | | (7) The alleged victims of the violation and related | 15 | | parties, including witnesses who were present, may attend | 16 | | this hearing in person, by telephone, or virtually. | 17 | | (8) The alleged victims of the violation and related | 18 | | parties, including witnesses who were present, can present | 19 | | and may make an oral or written presentation and offer | 20 | | documents, including affidavits, in response to the | 21 | | Service Board's evidence. | 22 | | (e) Each Service Board shall create a process to appeal | 23 | | and reinstate ridership privileges. This information shall be | 24 | | provided
to the suspended rider at the time of the Service | 25 | | Board's findings.
A suspended rider is entitled to 2 appeals | 26 | | after the Service Board's finding to suspend the person's |
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| 1 | | ridership.
A suspended rider may petition the Service Board to | 2 | | reinstate the person's ridership privileges one calendar year | 3 | | after the Service Board's suspension finding if the length of | 4 | | the suspension is more than one year. | 5 | | (f) Each Service Board shall collect, report, and make | 6 | | publicly available in a quarterly timeframe the number and | 7 | | demographic information of people subject to suspension of | 8 | | riding privileges or confiscation of fare media, the conduct | 9 | | leading to the suspension or confiscation, as well as the | 10 | | location and description of the location where the conduct | 11 | | occurred, such as identifying the transit station or transit | 12 | | line, date, and time of day, a citation to the statutory | 13 | | authority for which the accused person was arrested or | 14 | | charged, the amount, if any, on the fare media, and the length | 15 | | of the suspension. | 16 | | (70 ILCS 3615/2.41 new) | 17 | | Sec. 2.41. Domestic Violence and Sexual Assault Regional | 18 | | Transit Authority Public Transportation Assistance Program. | 19 | | (a) No later than 90 days after the effective date of this | 20 | | amendatory Act of the 103rd General Assembly, the Authority | 21 | | shall create the Domestic Violence and Sexual Assault Regional | 22 | | Transit Authority Public Transportation Assistance Program to | 23 | | serve residents of the Authority. | 24 | | Through this Program, the Authority shall issue monetarily | 25 | | preloaded mass transit cards to The Network: Advocating |
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| 1 | | Against Domestic Violence for survivor and victim use of | 2 | | public transportation through Chicago Transit Authority, the | 3 | | Suburban Bus Division, and the Commuter Rail Division. | 4 | | The Authority shall coordinate with The Network: | 5 | | Advocating Against Domestic Violence to issue no less than | 6 | | 25,000 monetarily preloaded mass transit cards with a value of | 7 | | $20 per card for distribution to domestic violence and sexual | 8 | | assault service providers throughout the Authority's | 9 | | jurisdiction, including the counties of Cook, Kane, DuPage, | 10 | | Will, Lake, and McHenry. | 11 | | The mass transit card shall be plastic or laminated and | 12 | | wallet-sized, contain no information that would reference | 13 | | domestic violence or sexual assault services, and have no | 14 | | expiration date. The cards shall also be available | 15 | | electronically and shall be distributed to domestic violence | 16 | | and sexual assault direct service providers to distribute to | 17 | | survivors. | 18 | | The total number of mass transit cards shall be | 19 | | distributed to domestic violence and sexual assault service | 20 | | providers throughout the Authority's region based on the | 21 | | average number of clients served in 2021 and 2022 in | 22 | | comparison to the total number of mass transit cards granted | 23 | | by the Authority. | 24 | | (b) The creation of the Program shall include an | 25 | | appointment of a domestic violence or sexual assault program | 26 | | service provider or a representative of the service provider's |
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| 1 | | choosing to the Authority's Citizen Advisory Board. | 2 | | The Network: Advocating Against Domestic Violence shall | 3 | | provide an annual report of the program, including a list of | 4 | | service providers receiving the mass transit cards, the total | 5 | | number of cards received by each service provider, and an | 6 | | estimated number of survivors and victims of domestic violence | 7 | | and sexual assault participating in the program. The report | 8 | | shall also include survivor testimonies of the program and | 9 | | shall include program provided recommendations on improving | 10 | | implementation of the Program. The report shall be provided to | 11 | | the Regional Transit Authority one calendar year after the | 12 | | creation of the Program. | 13 | | In partnership with The Network: Advocating Against | 14 | | Domestic Violence, the Authority shall report this information | 15 | | to the Board and the Citizen Advisory Board and compile an | 16 | | annual report of the Program to the General Assembly and to | 17 | | domestic violence and sexual assault service providers in the | 18 | | service providers' jurisdiction and include recommendations | 19 | | for improving implementation of the Program. | 20 | | (70 ILCS 3615/2.42 new) | 21 | | Sec. 2.42. Youth and young adults internships and | 22 | | employment. By January 1, 2024, the Suburban Bus Board and the | 23 | | Commuter Rail Board shall create or partner with a youth jobs | 24 | | program to provide internship or employment opportunities to | 25 | | youth and young adults. |
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| 1 | | (70 ILCS 3615/3.12 new) | 2 | | Sec. 3.12. Reduced or free transit fare study. | 3 | | (a) By July 1, 2024, the Authority shall conduct a study | 4 | | and submit a report to the Governor and General Assembly | 5 | | regarding free and reduced fares and the development of a more | 6 | | equitable fare structure for the regional transit system. The | 7 | | study shall include: | 8 | | (1) The impact and feasibility of providing year-round | 9 | | reduced or free transit fares, including, but not limited | 10 | | to, veterans, returning residents, students and youths, | 11 | | people experiencing low-incomes, and other riders who are | 12 | | not currently receiving free or reduced fares. | 13 | | (2) A review of all reduced fare programs administered | 14 | | by the Authority and the service boards, which includes | 15 | | information on accounting of the total cost of the | 16 | | program, costs to increase the program, current sources of | 17 | | funding for the program, and recommendations to increase | 18 | | enrollment in current reduced fare and free-ride programs | 19 | | and any other recommendations for improvements to the | 20 | | programs. | 21 | | (3) Analysis of how reduced and free ride programs and | 22 | | changes in eligibility and funding for these programs | 23 | | would affect the regional transit operating budget. | 24 | | (b) In this Section, "returning resident" means any United | 25 | | States resident who is 17 years of age or older and has been in |
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| 1 | | and left the physical custody of the Department of Corrections | 2 | | within the last 36 months. | 3 | |
| 4 | | (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
| 5 | | Sec. 3A.09. General powers. In addition to any powers | 6 | | elsewhere provided
to the Suburban Bus Board, it shall have | 7 | | all of the powers specified in
Section 2.20 of this Act except | 8 | | for the powers specified in Section 2.20(a)(v). The Board | 9 | | shall also have the power:
| 10 | | (a) to cooperate with the Regional Transportation | 11 | | Authority in the
exercise by the Regional Transportation | 12 | | Authority of all the powers granted
it by such Act;
| 13 | | (b) to receive funds from the Regional Transportation | 14 | | Authority pursuant
to Sections 2.02, 4.01, 4.02, 4.09 and | 15 | | 4.10 of the Regional Transportation
Authority Act, all as | 16 | | provided in the Regional Transportation Authority Act;
| 17 | | (c) to receive financial grants from the Regional | 18 | | Transportation
Authority or a Service Board, as defined in | 19 | | the Regional Transportation
Authority Act, upon such terms | 20 | | and conditions as shall be set forth in a
grant contract | 21 | | between either the Division and the Regional | 22 | | Transportation
Authority or the Division and another | 23 | | Service Board, which contract or
agreement may be for such | 24 | | number of years or duration as the parties agree,
all as | 25 | | provided in the Regional Transportation Authority Act; |
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| 1 | | (d) to perform all functions necessary for the | 2 | | provision of paratransit services under Section 2.30 of | 3 | | this Act; and
| 4 | | (e) to borrow money for the purposes of: (i) | 5 | | constructing a new garage in the northwestern Cook County | 6 | | suburbs, (ii) converting the South Cook garage in Markham | 7 | | to a Compressed Natural Gas facility, (iii) constructing a | 8 | | new paratransit garage in DuPage County, (iv) expanding | 9 | | the North Shore garage in Evanston to accommodate | 10 | | additional indoor bus parking, and (v) purchasing new | 11 | | transit buses. For the purpose of evidencing the | 12 | | obligation of the Suburban Bus Board to repay any money | 13 | | borrowed as provided in this subsection, the Suburban Bus | 14 | | Board may issue revenue bonds from time to time pursuant | 15 | | to ordinance adopted by the Suburban Bus Board, subject to | 16 | | the approval of the Regional Transportation Authority of | 17 | | each such issuance by the affirmative vote of 12 of its | 18 | | then Directors; provided that the Suburban Bus Board may | 19 | | not issue bonds for the purpose of financing the | 20 | | acquisition, construction, or improvement of any facility | 21 | | other than those listed in this subsection (e). All such | 22 | | bonds shall be payable solely from the revenues or income | 23 | | or any other funds that the Suburban Bus Board may | 24 | | receive, provided that the Suburban Bus Board may not | 25 | | pledge as security for such bonds the moneys, if any, that | 26 | | the Suburban Bus Board receives from the Regional |
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| 1 | | Transportation Authority pursuant to Section 4.03.3(f) of | 2 | | the Regional Transportation Authority Act. The bonds shall | 3 | | bear interest at a rate not to exceed the maximum rate | 4 | | authorized by the Bond Authorization Act and shall mature | 5 | | at such time or times not exceeding 25 years from their | 6 | | respective dates. Bonds issued pursuant to this paragraph | 7 | | must be issued with scheduled principal or mandatory | 8 | | redemption payments in equal amounts in each fiscal year | 9 | | over the term of the bonds, with the first principal or | 10 | | mandatory redemption payment scheduled within the fiscal | 11 | | year in which bonds are issued or within the next | 12 | | succeeding fiscal year. At least 25%, based on total | 13 | | principal amount, of all bonds authorized pursuant to this | 14 | | Section shall be sold pursuant to notice of sale and | 15 | | public bid. No more than 75%, based on total principal | 16 | | amount, of all bonds authorized pursuant to this Section | 17 | | shall be sold by negotiated sale. The maximum principal | 18 | | amount of the bonds that may be issued may not exceed | 19 | | $100,000,000. The bonds shall have all the qualities of | 20 | | negotiable instruments under the laws of this State. To | 21 | | secure the payment of any or all of such bonds and for the | 22 | | purpose of setting forth the covenants and undertakings of | 23 | | the Suburban Bus Board in connection with the issuance | 24 | | thereof and the issuance of any additional bonds payable | 25 | | from such revenue or income as well as the use and | 26 | | application of the revenue or income received by the |
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| 1 | | Suburban Bus Board, the Suburban Bus Board may execute and | 2 | | deliver a trust agreement or agreements; provided that no | 3 | | lien upon any physical property of the Suburban Bus Board | 4 | | shall be created thereby. A remedy for any breach or | 5 | | default of the terms of any such trust agreement by the | 6 | | Suburban Bus Board may be by mandamus proceedings in any | 7 | | court of competent jurisdiction to compel performance and | 8 | | compliance therewith, but the trust agreement may | 9 | | prescribe by whom or on whose behalf such action may be | 10 | | instituted. Under no circumstances shall any bonds issued | 11 | | by the Suburban Bus Board or any other obligation of the | 12 | | Suburban Bus Board in connection with the issuance of such | 13 | | bonds be or become an indebtedness or obligation of the | 14 | | State of Illinois, the Regional Transportation Authority, | 15 | | or any other political subdivision of or municipality | 16 | | within the State, nor shall any such bonds or obligations | 17 | | be or become an indebtedness of the Suburban Bus Board | 18 | | within the purview of any constitutional limitation or | 19 | | provision, and it shall be plainly stated on the face of | 20 | | each bond that it does not constitute such an indebtedness | 21 | | or obligation but is payable solely from the revenues or | 22 | | income as aforesaid ; and . | 23 | | (f) to adopt ordinances and make all rules and | 24 | | regulations proper or necessary to regulate the use, | 25 | | operation, and maintenance of its property and facilities | 26 | | and to carry into effect the powers granted to the |
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| 1 | | Suburban Bus Board, with any necessary fines or penalties, | 2 | | such as the suspension of riding privileges or | 3 | | confiscation of fare media under Section 2.40, as the | 4 | | Board deems proper. | 5 | | (Source: P.A. 99-665, eff. 7-29-16.)
| 6 | | (70 ILCS 3615/3B.09c new) | 7 | | Sec. 3B.09c. Regulation of the use, operation, and | 8 | | maintenance of property. The Chief of Police of the Metra | 9 | | Police Department may make rules and regulations proper or | 10 | | necessary to regulate the use, operation, and maintenance of | 11 | | the property and facilities of the Commuter Rail Board and to | 12 | | carry into effect the powers granted to the Chief by the | 13 | | Commuter Rail Board, with any necessary fines or penalties, | 14 | | such as the suspension of riding privileges or confiscation of | 15 | | fare media under Section 2.40, that the Chief deems proper.
| 16 | | (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
| 17 | | Sec. 4.01. Budget and Program.
| 18 | | (a) The Board shall control the finances
of the Authority. | 19 | | It shall by ordinance adopted by the affirmative vote of at | 20 | | least 12 of its then Directors (i) appropriate money to | 21 | | perform the
Authority's purposes and provide for payment of | 22 | | debts and expenses of
the Authority, (ii) take action with | 23 | | respect to the budget and two-year financial plan of each | 24 | | Service Board, as provided in Section 4.11, and (iii) adopt an |
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| 1 | | Annual Budget and Two-Year Financial Plan for the Authority | 2 | | that includes the annual budget and two-year financial plan of | 3 | | each Service Board that has been approved by the Authority. | 4 | | The Annual Budget and Two-Year Financial Plan
shall contain a | 5 | | statement
of the funds estimated to be on hand for the | 6 | | Authority and each Service Board at the beginning of the | 7 | | fiscal
year, the funds estimated to be received from all | 8 | | sources for such year, the estimated expenses and obligations | 9 | | of the Authority and each Service Board for all purposes, | 10 | | including expenses for contributions to be made with respect | 11 | | to pension and other employee benefits,
and the funds | 12 | | estimated to be on hand at the end of such year. The fiscal | 13 | | year of the Authority and each Service Board shall
begin on | 14 | | January 1st and end on the succeeding December 31st.
By July | 15 | | 1st of each year the Director of the
Illinois
Governor's | 16 | | Office of Management and Budget (formerly Bureau of the
| 17 | | Budget) shall submit
to the Authority an estimate of revenues | 18 | | for the next fiscal year of the Authority to be
collected from | 19 | | the taxes imposed by the Authority and the amounts to be
| 20 | | available in the Public Transportation Fund and the Regional | 21 | | Transportation
Authority Occupation and Use Tax Replacement | 22 | | Fund and the amounts otherwise to be appropriated by the State | 23 | | to the Authority for its purposes. The Authority shall file a | 24 | | copy of its Annual Budget and Two-Year Financial Plan with
the
| 25 | | General Assembly and the Governor after its adoption. Before | 26 | | the proposed Annual Budget and Two-Year Financial Plan
is |
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| 1 | | adopted, the Authority
shall hold at least one public hearing | 2 | | thereon
in the metropolitan region, and shall meet
with the | 3 | | county board or its designee of
each of the several counties in | 4 | | the metropolitan region. After conducting
such hearings and | 5 | | holding such meetings and after making such changes
in the | 6 | | proposed Annual Budget and Two-Year Financial Plan
as the | 7 | | Board deems appropriate, the
Board shall adopt its annual | 8 | | appropriation and Annual Budget and Two-Year Financial Plan
| 9 | | ordinance. The ordinance may be adopted
only upon the | 10 | | affirmative votes of 12
of its then Directors. The
ordinance | 11 | | shall appropriate such sums of money as are deemed necessary
| 12 | | to defray all necessary expenses and obligations of the | 13 | | Authority,
specifying purposes and the objects or programs for | 14 | | which appropriations
are made and the amount appropriated for | 15 | | each object or program.
Additional appropriations, transfers | 16 | | between items and other changes in
such ordinance may be made | 17 | | from time to time by the Board upon the
affirmative votes of 12
| 18 | | of its then Directors.
| 19 | | (b) 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 | | The Annual Budget and Two-Year Financial Plan
must show: |
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| 1 | | (i) that the level of fares
and charges for mass | 2 | | transportation provided by, or under grant or purchase
of | 3 | | service contracts of, the Service Boards is sufficient to | 4 | | cause the
aggregate of all projected fare revenues from | 5 | | such fares and charges received
in each fiscal year to | 6 | | equal at least 50% of the aggregate costs of providing
| 7 | | such public transportation in such fiscal year. However, | 8 | | due to the fiscal impacts of the COVID-19 pandemic, the | 9 | | aggregate of all projected fare revenues from such fares | 10 | | and charges received in fiscal years 2021, 2022, and 2023 , | 11 | | 2024, and 2025 may be less than 50% of the aggregate costs | 12 | | of providing such public transportation in those fiscal | 13 | | years. "Fare revenues" include
the proceeds of all fares | 14 | | and charges for services provided, contributions
received | 15 | | in connection with public transportation from units of | 16 | | local
government other than the Authority, except for | 17 | | contributions received by the Chicago Transit Authority | 18 | | from a real estate transfer tax imposed under subsection | 19 | | (i) of Section 8-3-19 of the Illinois Municipal Code, and | 20 | | from the State pursuant to subsection
(i) of Section | 21 | | 2705-305 of the Department of Transportation Law (20 ILCS
| 22 | | 2705/2705-305), and all other operating revenues properly | 23 | | included consistent
with generally accepted accounting | 24 | | principles but do not include: the proceeds
of any | 25 | | borrowings, and, beginning with the 2007 fiscal year, all | 26 | | revenues and receipts, including but not limited to fares |
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| 1 | | and grants received from the federal, State or any unit of | 2 | | local government or other entity, derived from providing | 3 | | ADA paratransit service pursuant to Section 2.30 of the | 4 | | Regional Transportation Authority Act. "Costs" include all | 5 | | items properly included as operating
costs consistent with | 6 | | generally accepted accounting principles, including
| 7 | | administrative costs, but do not include: depreciation; | 8 | | payment of principal
and interest on bonds, notes or
other | 9 | | evidences of obligation for borrowed money issued by the | 10 | | Authority;
payments with respect to public transportation | 11 | | facilities made pursuant
to subsection (b) of Section 2.20 | 12 | | of this Act; any payments with respect
to rate protection | 13 | | contracts, credit enhancements or liquidity agreements
| 14 | | made under Section 4.14; any other cost to which it
is | 15 | | reasonably expected that a cash expenditure
will not be | 16 | | made; costs for passenger
security including grants, | 17 | | contracts, personnel, equipment and
administrative | 18 | | expenses, except in the case of the Chicago Transit
| 19 | | Authority, in which case the term does not include costs | 20 | | spent annually by
that entity for protection against crime | 21 | | as required by Section 27a of the
Metropolitan Transit | 22 | | Authority Act; the payment by the Chicago Transit | 23 | | Authority of Debt Service, as defined in Section 12c of | 24 | | the Metropolitan Transit Authority Act, on bonds or notes | 25 | | issued pursuant to that Section; the payment by the | 26 | | Commuter Rail Division of debt service on bonds issued |
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| 1 | | pursuant to Section 3B.09; expenses incurred by the | 2 | | Suburban Bus Division for the cost of new public | 3 | | transportation services funded from grants pursuant to | 4 | | Section 2.01e of this amendatory Act of the 95th General | 5 | | Assembly for a period of 2 years from the date of | 6 | | initiation of each such service; costs as exempted by the | 7 | | Board for
projects pursuant to Section 2.09 of this Act; | 8 | | or, beginning with the 2007 fiscal year, expenses related | 9 | | to providing ADA paratransit service pursuant to Section | 10 | | 2.30 of the Regional Transportation Authority Act; and in | 11 | | fiscal years 2008 through 2012 inclusive, costs in the | 12 | | amount of $200,000,000 in fiscal year 2008, reducing by | 13 | | $40,000,000 in each fiscal year thereafter until this | 14 | | exemption is eliminated; and | 15 | | (ii) that the level of fares charged for ADA | 16 | | paratransit services is sufficient to cause the aggregate | 17 | | of all projected revenues from such fares charged and | 18 | | received in each fiscal year to equal at least 10% of the | 19 | | aggregate costs of providing such ADA paratransit | 20 | | services. However, due to the fiscal impacts of the | 21 | | COVID-19 pandemic, the aggregate of all projected fare | 22 | | revenues from such fares and charges received in fiscal | 23 | | years 2021, 2022, and 2023 , 2024, and 2025 may be less than | 24 | | 10% of the aggregate costs of providing such ADA | 25 | | paratransit services in those fiscal years. For purposes | 26 | | of this Act, the percentages in this subsection (b)(ii) |
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| 1 | | shall be referred to as the "system generated ADA | 2 | | paratransit services revenue recovery ratio". For purposes | 3 | | of the system generated ADA paratransit services revenue | 4 | | recovery ratio, "costs" shall include all items properly | 5 | | included as operating costs consistent with generally | 6 | | accepted accounting principles. However, the Board may | 7 | | exclude from costs an amount that does not exceed the | 8 | | allowable "capital costs of contracting" for ADA | 9 | | paratransit services pursuant to the Federal Transit | 10 | | Administration guidelines for the Urbanized Area Formula | 11 | | Program.
| 12 | | The Authority shall file a statement certifying that the | 13 | | Service Boards published the data described in subsection | 14 | | (b-5) with the General Assembly and the Governor after | 15 | | adoption of the Annual Budget and Two-Year Financial Plan | 16 | | required by subsection (a). If the Authority fails to file a | 17 | | statement certifying publication of the data, then the | 18 | | appropriations to the Department of Transportation for grants | 19 | | to the Authority intended to reimburse the Service Boards for | 20 | | providing free and reduced fares shall be withheld. | 21 | | (b-5) For fiscal years 2024 and 2025, the Service Boards | 22 | | must publish a monthly comprehensive set of data regarding | 23 | | transit service and safety. The data included shall include | 24 | | information to track operations including: | 25 | | (1) staffing levels, including numbers of budgeted | 26 | | positions, current positions employed, hired staff, |
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| 1 | | attrition, staff in training, and absenteeism rates; | 2 | | (2) scheduled service and delivered service, including | 3 | | percentage of scheduled service delivered by day, service | 4 | | by mode of transportation, service by route and rail line, | 5 | | total number of revenue miles driven, excess wait times by | 6 | | day, by mode of transportation, by bus route, and by stop; | 7 | | and | 8 | | (3) safety on the system, including the number of | 9 | | incidents of crime and code of conduct violations on | 10 | | system, any performance measures used to evaluate the | 11 | | effectiveness of investments in private security, safety | 12 | | equipment, and other security investments in the system. | 13 | | If no performance measures exist to evaluate the | 14 | | effectiveness of these safety investments, the Service | 15 | | Boards and Authority shall develop and publish these | 16 | | performance measures. | 17 | | The Authority and Service Boards shall solicit input and | 18 | | ideas on publishing data on the service reliability, | 19 | | operations, and safety of the system from the public and | 20 | | groups representing transit riders, workers, and businesses. | 21 | | (c) The actual administrative expenses of the Authority | 22 | | for the fiscal
year commencing January 1, 1985 may not exceed | 23 | | $5,000,000.
The actual administrative expenses of the | 24 | | Authority for the fiscal year
commencing January 1, 1986, and | 25 | | for each fiscal year thereafter shall not
exceed the maximum | 26 | | administrative expenses for the previous fiscal year plus
5%. |
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| 1 | | "Administrative
expenses" are defined for purposes of this | 2 | | Section as all expenses except:
(1) capital expenses and | 3 | | purchases of the Authority on behalf of the Service
Boards; | 4 | | (2) payments to Service Boards; and (3) payment of principal
| 5 | | and interest on bonds, notes or other evidence of obligation | 6 | | for borrowed
money issued by the Authority; (4) costs for | 7 | | passenger security including
grants, contracts, personnel, | 8 | | equipment and administrative expenses; (5)
payments with | 9 | | respect to public transportation facilities made pursuant to
| 10 | | subsection (b) of Section 2.20 of this Act; and (6) any | 11 | | payments with
respect to rate protection contracts, credit | 12 | | enhancements or liquidity
agreements made pursuant to Section | 13 | | 4.14.
| 14 | | (d) This subsection applies only until the Department | 15 | | begins administering and enforcing an increased tax under | 16 | | Section 4.03(m) as authorized by this amendatory Act of the | 17 | | 95th General Assembly. After withholding 15% of the proceeds | 18 | | of any tax imposed by the
Authority and 15% of money received | 19 | | by the Authority from the Regional
Transportation Authority | 20 | | Occupation and Use Tax Replacement Fund,
the Board shall | 21 | | allocate the proceeds and money remaining to the Service
| 22 | | Boards as follows: (1) an amount equal to 85% of the proceeds | 23 | | of those
taxes collected within the City of Chicago and 85% of | 24 | | the money received by
the Authority on account of transfers to | 25 | | the Regional Transportation
Authority Occupation and Use Tax | 26 | | Replacement Fund from the County and Mass
Transit District |
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| 1 | | Fund attributable to retail sales within the City of
Chicago | 2 | | shall be allocated to the Chicago Transit
Authority; (2) an | 3 | | amount equal to 85% of the proceeds of those taxes
collected | 4 | | within Cook County outside the City of Chicago and 85% of the
| 5 | | money received by the Authority on account of transfers to the | 6 | | Regional
Transportation Authority Occupation and Use Tax | 7 | | Replacement Fund from the
County and Mass Transit District | 8 | | Fund attributable to retail sales within
Cook County outside | 9 | | of the city of Chicago shall be allocated
30% to the Chicago | 10 | | Transit Authority, 55% to the Commuter Rail Board and
15% to | 11 | | the Suburban Bus Board; and (3) an amount equal to 85% of the
| 12 | | proceeds of the taxes collected within the Counties of DuPage, | 13 | | Kane, Lake,
McHenry and Will shall be allocated 70% to the | 14 | | Commuter Rail Board and 30%
to the Suburban Bus Board.
| 15 | | (e) This subsection applies only until the Department | 16 | | begins administering and enforcing an increased tax under | 17 | | Section 4.03(m) as authorized by this amendatory Act of the | 18 | | 95th General Assembly. Moneys received by the Authority on | 19 | | account of transfers to the
Regional Transportation Authority | 20 | | Occupation and Use Tax Replacement Fund
from the State and | 21 | | Local Sales Tax Reform Fund shall be
allocated among the | 22 | | Authority and the Service Boards as follows: 15% of
such | 23 | | moneys shall be retained by the Authority and the remaining | 24 | | 85%
shall be transferred to the Service Boards as soon as may | 25 | | be
practicable after the Authority receives payment. Moneys | 26 | | which are
distributable to the Service Boards pursuant to the |
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| 1 | | preceding sentence
shall be allocated among the Service Boards | 2 | | on the basis of each Service
Board's distribution ratio. The | 3 | | term "distribution ratio" means,
for purposes of this | 4 | | subsection (e) of this Section 4.01, the ratio of
the total | 5 | | amount distributed to a Service Board pursuant to subsection | 6 | | (d)
of Section 4.01 for the immediately preceding calendar | 7 | | year to the total
amount distributed to all of the Service | 8 | | Boards pursuant to subsection (d)
of Section 4.01 for the | 9 | | immediately preceding calendar year.
| 10 | | (f) To carry out its duties and responsibilities under | 11 | | this Act,
the Board shall employ staff which shall: (1) | 12 | | propose for adoption by the Board of the Authority rules for | 13 | | the Service Boards that establish (i) forms and schedules to | 14 | | be used and information required to be provided with respect | 15 | | to a five-year capital program, annual budgets, and two-year | 16 | | financial plans and regular reporting of actual results | 17 | | against adopted budgets and financial plans, (ii) financial | 18 | | practices to be followed in the budgeting and expenditure of | 19 | | public funds, (iii) assumptions and projections that must be | 20 | | followed in preparing and submitting its annual budget and | 21 | | two-year financial plan or a five-year capital program; (2) | 22 | | evaluate for
the Board public transportation programs operated | 23 | | or proposed by
the Service Boards and
transportation agencies | 24 | | in terms of the goals and objectives set out in the Strategic | 25 | | Plan; (3)
keep the Board and the public informed of the extent | 26 | | to which the Service Boards and transportation agencies are |
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| 1 | | meeting the goals and objectives adopted by the Authority in | 2 | | the Strategic Plan; and (4) assess the efficiency or adequacy | 3 | | of public transportation services provided by a Service Board | 4 | | and make recommendations for change in that service
to the end | 5 | | that the moneys
available to the Authority may be
expended in | 6 | | the most economical manner possible with the least possible
| 7 | | duplication. | 8 | | (g) All
Service Boards, transportation agencies, | 9 | | comprehensive planning agencies, including the Chicago | 10 | | Metropolitan Agency for Planning, or
transportation planning | 11 | | agencies in the metropolitan region shall
furnish to the | 12 | | Authority
such information pertaining to public
transportation | 13 | | or relevant for plans therefor as it may from time to time
| 14 | | require. The Executive Director, or his or her designee, | 15 | | shall, for the purpose of
securing any such information | 16 | | necessary or appropriate to carry out any of the powers and | 17 | | responsibilities of the Authority under this Act, have access | 18 | | to, and the right to examine, all
books, documents, papers or | 19 | | records of a Service Board or any transportation
agency | 20 | | receiving funds from the Authority
or Service Board, and such | 21 | | Service Board or transportation agency shall comply with any | 22 | | request by the Executive Director, or his or her designee, | 23 | | within 30 days or an extended time provided by the Executive | 24 | | Director.
| 25 | | (h) No Service Board shall undertake any capital | 26 | | improvement which is not identified in the Five-Year Capital |
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| 1 | | Program.
| 2 | | (i) Each Service Board shall furnish to the Board access | 3 | | to its financial information including, but not limited to, | 4 | | audits and reports. The Board shall have real-time access to | 5 | | the financial information of the Service Boards; however, the | 6 | | Board shall be granted read-only access to the Service Board's | 7 | | financial information. | 8 | | (Source: P.A. 102-678, eff. 12-10-21.)
| 9 | | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
| 10 | | Sec. 4.09. Public Transportation Fund and the Regional | 11 | | Transportation
Authority Occupation and Use Tax Replacement | 12 | | Fund.
| 13 | | (a)(1)
Except as otherwise provided in paragraph (4), as | 14 | | soon as possible after
the first day of each month, beginning | 15 | | July 1, 1984, upon certification of
the Department of Revenue, | 16 | | the Comptroller shall order transferred and the
Treasurer | 17 | | shall transfer from the General Revenue Fund to a special fund | 18 | | in the State Treasury to be known as the Public
Transportation | 19 | | Fund an amount equal to 25% of the net revenue, before the
| 20 | | deduction of the serviceman and retailer discounts pursuant to | 21 | | Section 9 of
the Service Occupation Tax Act and Section 3 of | 22 | | the Retailers' Occupation
Tax Act, realized from
any tax | 23 | | imposed by the Authority pursuant to
Sections 4.03 and 4.03.1 | 24 | | and 25% of the amounts deposited into the Regional
| 25 | | Transportation Authority tax fund created by Section 4.03 of |
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| 1 | | this Act, from
the County and Mass Transit District Fund as | 2 | | provided in Section 6z-20 of
the State Finance Act and 25% of | 3 | | the amounts deposited into the Regional
Transportation | 4 | | Authority Occupation and Use Tax Replacement Fund from the
| 5 | | State and Local Sales Tax Reform Fund as provided in Section | 6 | | 6z-17 of the
State Finance Act.
On the first day of the month | 7 | | following the date that the Department receives revenues from | 8 | | increased taxes under Section 4.03(m) as authorized by Public | 9 | | Act 95-708, in lieu of the transfers authorized in the | 10 | | preceding sentence, upon certification of the Department of | 11 | | Revenue, the Comptroller shall order transferred and the | 12 | | Treasurer shall transfer from the General Revenue Fund to the | 13 | | Public Transportation Fund an amount equal to 25% of the net | 14 | | revenue, before the deduction of the serviceman and retailer | 15 | | discounts pursuant to Section 9 of the Service Occupation Tax | 16 | | Act and Section 3 of the Retailers' Occupation Tax Act, | 17 | | realized from (i) 80% of the proceeds of any tax imposed by the | 18 | | Authority at a rate of 1.25% in Cook County, (ii) 75% of the | 19 | | proceeds of any tax imposed by the Authority at the rate of 1% | 20 | | in Cook County, and (iii) one-third of the proceeds of any tax | 21 | | imposed by the Authority at the rate of 0.75% in the Counties | 22 | | of DuPage, Kane, Lake, McHenry, and Will, all pursuant to | 23 | | Section 4.03, and 25% of the net revenue realized from any tax | 24 | | imposed by the Authority pursuant to Section 4.03.1, and 25% | 25 | | of the amounts deposited into the Regional Transportation | 26 | | Authority tax fund created by Section 4.03 of this Act from the |
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| 1 | | County and Mass Transit District Fund as provided in Section | 2 | | 6z-20 of the State Finance Act, and 25% of the amounts | 3 | | deposited into the Regional Transportation Authority | 4 | | Occupation and Use Tax Replacement Fund from the State and | 5 | | Local Sales Tax Reform Fund as provided in Section 6z-17 of the | 6 | | State Finance Act. As used in this Section, net revenue | 7 | | realized for a month shall be the revenue
collected by the | 8 | | State pursuant to Sections 4.03 and 4.03.1 during the
previous | 9 | | month from within the metropolitan region, less the amount | 10 | | paid
out during that same month as refunds to taxpayers for | 11 | | overpayment of
liability in the metropolitan region under | 12 | | Sections 4.03 and 4.03.1. | 13 | | Notwithstanding any provision of law to the contrary, | 14 | | beginning on July 6, 2017 (the effective date of Public Act | 15 | | 100-23), those amounts required under this paragraph (1) of | 16 | | subsection (a) to be transferred by the Treasurer into the | 17 | | Public Transportation Fund from the General Revenue Fund shall | 18 | | be directly deposited into the Public Transportation Fund as | 19 | | the revenues are realized from the taxes indicated.
| 20 | | (2) Except as otherwise provided in paragraph (4), on | 21 | | February 1, 2009 (the first day of the month following the | 22 | | effective date of Public Act 95-708) and each month | 23 | | thereafter, upon certification by the Department of Revenue, | 24 | | the Comptroller shall order transferred and the Treasurer | 25 | | shall transfer from the General Revenue Fund to the Public | 26 | | Transportation Fund an amount equal to 5% of the net revenue, |
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| 1 | | before the deduction of the serviceman and retailer discounts | 2 | | pursuant to Section 9 of the Service Occupation Tax Act and | 3 | | Section 3 of the Retailers' Occupation Tax Act, realized from | 4 | | any tax imposed by the Authority pursuant to Sections 4.03 and | 5 | | 4.03.1 and certified by the Department of Revenue under | 6 | | Section 4.03(n) of this Act to be paid to the Authority and 5% | 7 | | of the amounts deposited into the Regional Transportation | 8 | | Authority tax fund created by Section 4.03 of this Act from the | 9 | | County and Mass Transit District Fund as provided in Section | 10 | | 6z-20 of the State Finance Act, and 5% of the amounts deposited | 11 | | into the Regional Transportation Authority Occupation and Use | 12 | | Tax Replacement Fund from the State and Local Sales Tax Reform | 13 | | Fund as provided in Section 6z-17 of the State Finance Act, and | 14 | | 5% of the revenue realized by the Chicago Transit Authority as | 15 | | financial assistance from the City of Chicago from the | 16 | | proceeds of any tax imposed by the City of Chicago under | 17 | | Section 8-3-19 of the Illinois Municipal Code.
| 18 | | Notwithstanding any provision of law to the contrary, | 19 | | beginning on July 6, 2017 (the effective date of Public Act | 20 | | 100-23), those amounts required under this paragraph (2) of | 21 | | subsection (a) to be transferred by the Treasurer into the | 22 | | Public Transportation Fund from the General Revenue Fund shall | 23 | | be directly deposited into the Public Transportation Fund as | 24 | | the revenues are realized from the taxes indicated. | 25 | | (3) Except as otherwise provided in paragraph (4), as soon | 26 | | as possible after the first day of January, 2009 and each month |
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| 1 | | thereafter, upon certification of the Department of Revenue | 2 | | with respect to the taxes collected under Section 4.03, the | 3 | | Comptroller shall order transferred and the Treasurer shall | 4 | | transfer from the General Revenue Fund to the Public | 5 | | Transportation Fund an amount equal to 25% of the net revenue, | 6 | | before the deduction of the serviceman and retailer discounts | 7 | | pursuant to Section 9 of the Service Occupation Tax Act and | 8 | | Section 3 of the Retailers' Occupation Tax Act, realized from | 9 | | (i) 20% of the proceeds of any tax imposed by the Authority at | 10 | | a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any | 11 | | tax imposed by the Authority at the rate of 1% in Cook County, | 12 | | and (iii) one-third of the proceeds of any tax imposed by the | 13 | | Authority at the rate of 0.75% in the Counties of DuPage, Kane, | 14 | | Lake, McHenry, and Will, all pursuant to Section 4.03, and the | 15 | | Comptroller shall order transferred and the Treasurer shall | 16 | | transfer from the General Revenue Fund to the Public | 17 | | Transportation Fund (iv) an amount equal to 25% of the revenue | 18 | | realized by the Chicago Transit Authority as financial | 19 | | assistance from the City of Chicago from the proceeds of any | 20 | | tax imposed by the City of Chicago under Section 8-3-19 of the | 21 | | Illinois Municipal Code.
| 22 | | Notwithstanding any provision of law to the contrary, | 23 | | beginning on July 6, 2017 (the effective date of Public Act | 24 | | 100-23), those amounts required under this paragraph (3) of | 25 | | subsection (a) to be transferred by the Treasurer into the | 26 | | Public Transportation Fund from the General Revenue Fund shall |
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| 1 | | be directly deposited into the Public Transportation Fund as | 2 | | the revenues are realized from the taxes indicated. | 3 | | (4) Notwithstanding any provision of law to the contrary, | 4 | | of the transfers to be made under paragraphs (1), (2), and (3) | 5 | | of this subsection (a) from the General Revenue Fund to the | 6 | | Public Transportation Fund, the first $150,000,000 that would | 7 | | have otherwise been transferred from the General Revenue Fund | 8 | | shall be transferred from the Road Fund. The remaining balance | 9 | | of such transfers shall be made from the General Revenue Fund. | 10 | | (5) (Blank). | 11 | | (6) (Blank). | 12 | | (7) For State fiscal year 2020 only, notwithstanding any | 13 | | provision of law to the contrary, the total amount of revenue | 14 | | and deposits under this Section attributable to revenues | 15 | | realized during State fiscal year 2020 shall be reduced by 5%. | 16 | | (8) For State fiscal year 2021 only, notwithstanding any | 17 | | provision of law to the contrary, the total amount of revenue | 18 | | and deposits under this Section attributable to revenues | 19 | | realized during State fiscal year 2021 shall be reduced by 5%.
| 20 | | (b)(1) All moneys deposited in the Public Transportation | 21 | | Fund and the
Regional Transportation Authority Occupation and | 22 | | Use Tax Replacement Fund,
whether deposited pursuant to this | 23 | | Section or otherwise, are allocated to
the Authority, except | 24 | | for amounts appropriated to the Office of the Executive | 25 | | Inspector General as authorized by subsection (h) of Section | 26 | | 4.03.3 and amounts transferred to the Audit Expense Fund |
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| 1 | | pursuant to Section 6z-27 of the State Finance Act. The | 2 | | Comptroller, as soon as
possible after each monthly transfer | 3 | | provided in this Section and after
each deposit into the | 4 | | Public Transportation Fund, shall order the Treasurer
to pay | 5 | | to the Authority out of the Public Transportation Fund the | 6 | | amount so
transferred or deposited. Any Additional State | 7 | | Assistance and Additional Financial Assistance paid to the | 8 | | Authority under this Section shall be expended by the | 9 | | Authority for its purposes as provided in this Act. The | 10 | | balance of the amounts paid to the Authority from the Public | 11 | | Transportation Fund shall be expended by the Authority as | 12 | | provided in Section 4.03.3. The
Comptroller,
as soon as | 13 | | possible after each deposit into the Regional Transportation
| 14 | | Authority Occupation and Use Tax Replacement Fund provided in | 15 | | this Section
and Section 6z-17 of the State Finance Act, shall | 16 | | order the Treasurer
to pay to the Authority out of the Regional | 17 | | Transportation Authority
Occupation and Use Tax Replacement | 18 | | Fund the amount so deposited. Such
amounts paid to the | 19 | | Authority may be expended by it for its purposes as
provided in | 20 | | this Act. The provisions directing the distributions from the | 21 | | Public Transportation Fund and the Regional Transportation | 22 | | Authority Occupation and Use Tax Replacement Fund provided for | 23 | | in this Section shall constitute an irrevocable and continuing | 24 | | appropriation of all amounts as provided herein. The State | 25 | | Treasurer and State Comptroller are hereby authorized and | 26 | | directed to make distributions as provided in this Section. |
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| 1 | | (2) Provided, however, no moneys deposited under subsection | 2 | | (a)
of this Section shall be paid from the Public | 3 | | Transportation
Fund to the Authority or its assignee for any | 4 | | fiscal year until the Authority has certified to
the Governor, | 5 | | the Comptroller, and the Mayor of the City of Chicago that it
| 6 | | has adopted for that fiscal year an Annual Budget and Two-Year | 7 | | Financial Plan
meeting the
requirements in Section 4.01(b).
| 8 | | (c) In recognition of the efforts of the Authority to | 9 | | enhance the mass
transportation facilities under its control, | 10 | | the State shall provide
financial assistance ("Additional | 11 | | State Assistance") in excess of the
amounts transferred to the | 12 | | Authority from the General Revenue Fund under
subsection (a) | 13 | | of this Section. Additional State Assistance shall be
| 14 | | calculated as provided in
subsection (d), but shall in no | 15 | | event exceed the following
specified amounts with respect to | 16 | | the following State fiscal years:
|
|
17 | | 1990 |
$5,000,000; |
|
18 | | 1991 |
$5,000,000; |
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19 | | 1992 |
$10,000,000; |
|
20 | | 1993 |
$10,000,000; |
|
21 | | 1994 |
$20,000,000; |
|
22 | | 1995 |
$30,000,000; |
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23 | | 1996 |
$40,000,000; |
|
24 | | 1997 |
$50,000,000; |
|
25 | | 1998 |
$55,000,000; and |
|
26 | | each year thereafter |
$55,000,000. |
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| 1 | | (c-5) The State shall provide financial assistance | 2 | | ("Additional Financial
Assistance") in addition to the | 3 | | Additional State Assistance provided by
subsection (c) and the | 4 | | amounts transferred to the Authority from the General
Revenue | 5 | | Fund under subsection (a) of this Section. Additional | 6 | | Financial
Assistance provided by this subsection shall be | 7 | | calculated as provided in
subsection (d), but shall in no | 8 | | event exceed the following specified amounts
with respect to | 9 | | the following State fiscal years:
|
|
10 | | 2000 |
$0; |
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11 | | 2001 |
$16,000,000; |
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12 | | 2002 |
$35,000,000; |
|
13 | | 2003 |
$54,000,000; |
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14 | | 2004 |
$73,000,000; |
|
15 | | 2005 |
$93,000,000; and |
|
16 | | each year thereafter |
$100,000,000. |
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17 | | (d) Beginning with State fiscal year 1990 and continuing | 18 | | for each
State fiscal year thereafter, the Authority shall | 19 | | annually certify to the
State Comptroller and State Treasurer, | 20 | | separately with respect to each of
subdivisions (g)(2) and | 21 | | (g)(3) of Section 4.04 of this Act, the following
amounts:
| 22 | | (1) The amount necessary and required, during the | 23 | | State fiscal year with
respect to which the certification | 24 | | is made, to pay its obligations for debt
service on all | 25 | | outstanding bonds or notes issued by the Authority under | 26 | | subdivisions (g)(2) and (g)(3) of
Section 4.04 of this |
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| 1 | | Act.
| 2 | | (2) An estimate of the amount necessary and required | 3 | | to pay its
obligations for debt service for any bonds or | 4 | | notes which the Authority anticipates it
will issue under | 5 | | subdivisions (g)(2) and (g)(3) of Section 4.04 during
that | 6 | | State fiscal year.
| 7 | | (3) Its debt service savings during the preceding | 8 | | State fiscal year
from refunding or advance refunding of | 9 | | bonds or notes issued under subdivisions
(g)(2) and (g)(3) | 10 | | of Section 4.04.
| 11 | | (4) The amount of interest, if any, earned by the | 12 | | Authority during the
previous State fiscal year on the | 13 | | proceeds of bonds or notes issued pursuant to
subdivisions | 14 | | (g)(2) and (g)(3) of Section 4.04, other than refunding or | 15 | | advance
refunding bonds or notes.
| 16 | | The certification shall include a specific
schedule of | 17 | | debt service payments, including the date and amount of each
| 18 | | payment for all outstanding bonds or notes and an estimated | 19 | | schedule of
anticipated debt service for all bonds and notes | 20 | | it intends to issue, if any,
during that State fiscal year, | 21 | | including the estimated date and estimated
amount of each | 22 | | payment.
| 23 | | Immediately upon the issuance of bonds for which an | 24 | | estimated schedule
of debt service payments was prepared, the | 25 | | Authority shall file an amended
certification with respect to | 26 | | item (2) above, to specify the actual
schedule of debt service |
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| 1 | | payments, including the date and amount of each
payment, for | 2 | | the remainder of the State fiscal year.
| 3 | | On the first day of each month of the
State fiscal year in | 4 | | which there are bonds outstanding with respect to which
the | 5 | | certification is made, the State Comptroller shall order | 6 | | transferred and
the State Treasurer shall transfer from the | 7 | | Road Fund to the
Public Transportation Fund the Additional | 8 | | State Assistance and Additional
Financial Assistance in an | 9 | | amount equal to the aggregate of
(i) one-twelfth of the sum of | 10 | | the amounts certified under items
(1) and (3) above less the | 11 | | amount certified under item (4) above, plus
(ii)
the amount | 12 | | required to pay debt service on bonds and notes
issued during | 13 | | the fiscal year, if any, divided by the number of months
| 14 | | remaining in the fiscal year after the date of issuance, or | 15 | | some smaller
portion as may be necessary under subsection (c)
| 16 | | or (c-5) of this Section for the relevant State fiscal year, | 17 | | plus
(iii) any cumulative deficiencies in transfers for prior | 18 | | months,
until an amount equal to the
sum of the amounts | 19 | | certified 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,
has been transferred; except | 22 | | that these transfers are subject to the
following limits:
| 23 | | (A) 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)(2) of Section 4.04 | 26 | | exceed the lesser of the annual maximum
amount specified |
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| 1 | | in subsection (c) 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 | | (B) In no event shall the total transfers in any State | 7 | | fiscal year
relating to outstanding bonds and notes issued | 8 | | by the Authority under
subdivision (g)(3) of Section 4.04 | 9 | | exceed the lesser of the annual maximum
amount specified | 10 | | in subsection (c-5) or the sum of the amounts certified | 11 | | under
items (1) and (3) above,
plus the actual debt | 12 | | service certified under item (2) above,
less the amount | 13 | | certified under item (4) above, with
respect to those | 14 | | bonds and notes.
| 15 | | The term "outstanding" does not include bonds or notes for | 16 | | which
refunding or advance refunding bonds or notes have been | 17 | | issued.
| 18 | | (e) Neither Additional State Assistance nor Additional | 19 | | Financial
Assistance may be pledged, either directly or
| 20 | | indirectly as general revenues of the Authority, as security | 21 | | for any bonds
issued by the Authority. The Authority may not | 22 | | assign its right to receive
Additional State Assistance or | 23 | | Additional Financial Assistance, or direct
payment of | 24 | | Additional State
Assistance or Additional Financial | 25 | | Assistance, to a trustee or any other
entity for the
payment of | 26 | | debt service
on its bonds.
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| 1 | | (f) The certification required under subsection (d) with | 2 | | respect to
outstanding bonds and notes of the Authority shall | 3 | | be
filed as early as practicable before the beginning of the | 4 | | State fiscal
year to which it relates. The certification shall | 5 | | be revised as may be
necessary to accurately state the debt | 6 | | service requirements of the Authority.
| 7 | | (g) Within 6 months of the end of each fiscal year, the | 8 | | Authority shall determine: | 9 | | (i) whether
the aggregate of all system generated | 10 | | revenues for public transportation
in the metropolitan | 11 | | region which is provided by, or under grant or purchase
of | 12 | | service contracts with, the Service Boards equals 50% of | 13 | | the aggregate
of all costs of providing such public | 14 | | transportation. "System generated
revenues" include all | 15 | | the proceeds of fares and charges for services provided,
| 16 | | contributions received in connection with public | 17 | | transportation from units
of local government other than | 18 | | the Authority, except for contributions received by the | 19 | | Chicago Transit Authority from a real estate transfer tax | 20 | | imposed under subsection (i) of Section 8-3-19 of the | 21 | | Illinois Municipal Code, and from the State pursuant
to | 22 | | subsection (i) of Section 2705-305 of the Department of | 23 | | Transportation Law, and all other revenues properly | 24 | | included consistent
with generally accepted accounting | 25 | | principles but may not include: the proceeds
from any | 26 | | borrowing, and, beginning with the 2007 fiscal year, all |
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| 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 obligations
for borrowed money of the | 11 | | Authority; payments with respect to public
transportation | 12 | | facilities made pursuant to subsection (b) of Section | 13 | | 2.20;
any payments with respect to rate protection | 14 | | contracts, credit
enhancements or liquidity agreements | 15 | | made under Section 4.14; any other
cost as 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 costs of Debt Service paid by the | 24 | | Chicago Transit Authority, as defined in Section 12c of | 25 | | the Metropolitan Transit Authority Act, or bonds or notes | 26 | | issued pursuant to that Section; the payment by the |
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| 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 Act for a period of 2 years from the | 6 | | date of initiation of each such service; costs as exempted | 7 | | by the Board for
projects pursuant to Section 2.09 of this | 8 | | Act; or, beginning with the 2007 fiscal year, expenses | 9 | | related to providing ADA paratransit service pursuant to | 10 | | Section 2.30 of the Regional Transportation Authority Act; | 11 | | or in fiscal years 2008 through 2012 inclusive, costs in | 12 | | the amount of $200,000,000 in fiscal year 2008, reducing | 13 | | by $40,000,000 in each fiscal year thereafter until this | 14 | | exemption is eliminated. If said system generated
revenues | 15 | | are less than 50% of said costs, the Board shall remit an | 16 | | amount
equal to the amount of the deficit to the State; | 17 | | however, due to the fiscal impacts from the COVID-19 | 18 | | pandemic, for fiscal years 2021, 2022, and 2023 , 2024, and | 19 | | 2025 , no such payment shall be required. The Treasurer | 20 | | shall
deposit any such payment in the Road Fund; and
| 21 | | (ii) whether, beginning with the 2007 fiscal year, the | 22 | | aggregate of all fares charged and received for ADA | 23 | | paratransit services equals the system generated ADA | 24 | | paratransit services revenue recovery ratio percentage of | 25 | | the aggregate of all costs of providing such ADA | 26 | | paratransit services.
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| 1 | | (h) If the Authority makes any payment to the State under | 2 | | paragraph (g),
the Authority shall reduce the amount provided | 3 | | to a Service Board from funds
transferred under paragraph (a) | 4 | | in proportion to the amount by which
that Service Board failed | 5 | | to meet its required system generated revenues
recovery ratio. | 6 | | A Service Board which is affected by a reduction in funds
under | 7 | | this paragraph shall submit to the Authority concurrently with | 8 | | its
next due quarterly report a revised budget incorporating | 9 | | the reduction in
funds. The revised budget must meet the | 10 | | criteria specified in clauses (i)
through (vi) of Section | 11 | | 4.11(b)(2). The Board shall review and act on the
revised | 12 | | budget as provided in Section 4.11(b)(3).
| 13 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | 14 | | 102-678, eff. 12-10-21.)
| 15 | | Section 90. The State Mandates Act is amended by adding | 16 | | Section 8.47 as follows: | 17 | | (30 ILCS 805/8.47 new) | 18 | | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | 19 | | 8 of this Act, no reimbursement by the State is required for | 20 | | the implementation of the mandate created by Section 2.10a of | 21 | | the Regional Transportation Authority Act in this amendatory | 22 | | Act of the 103rd General Assembly.
| 23 | | Section 99. Effective date. This Section and Sections 2.41 | 24 | | and 2.42 of the Regional Transportation Authority Act take |
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| 1 | | effect upon becoming law.
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|