(70 ILCS 3615/Art. I heading) ARTICLE I.
PURPOSES AND CREATION.
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(70 ILCS 3615/1.01) (from Ch. 111 2/3, par. 701.01)
Sec. 1.01.
Short Title.
This Act shall be known and may be cited as the "Regional Transportation
Authority Act".
(Source: P.A. 78-3rd S.S.-5.)
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(70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02)
Sec. 1.02. Findings and Purpose. (a) The General Assembly finds;
(i) Public transportation is, as provided in Section | ||
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(ii) Comprehensive and coordinated regional public | ||
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(iii) Because system generated receipts are not | ||
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(iv) Additional commitments to the public | ||
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(v) To solve these problems, it is necessary to | ||
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(b) The General Assembly further finds, in connection with this amendatory
Act of 1983:
(i) Substantial, recurring deficits in the operations | ||
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(ii) A substantial or total loss of public | ||
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(iii) To meet the urgent needs of the people of the | ||
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(c) The General Assembly further finds in connection with this amendatory Act of the 95th General Assembly:
(i) The economic vitality of northeastern Illinois | ||
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(ii) To achieve the purposes of this amendatory Act | ||
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(d)
It is the purpose of this Act to provide for, aid and
assist public transportation in the northeastern area of the State without
impairing the overall quality of existing public transportation by
providing for the creation of a single authority responsive to the
people and elected officials of the area and with the power and
competence to develop, implement, and enforce plans that promote adequate, efficient, geographically equitable and coordinated public transportation, provide financial review of the providers of public
transportation
in the metropolitan region and facilitate public transportation provided
by Service Boards which is attractive and economical to users, comprehensive,
coordinated among its
various elements, economical, safe, efficient and coordinated with area
and State plans.
(Source: P.A. 98-1027, eff. 1-1-15; 99-143, eff. 7-27-15.)
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(70 ILCS 3615/1.03) (from Ch. 111 2/3, par. 701.03)
Sec. 1.03.
Definitions.
As used in this Act:
"Authority" means the Regional Transportation Authority;
"Board" means the Board of Directors of the Regional Transportation
Authority;
"Construct or acquire" means plan, design, construct, reconstruct,
improve, modify, extend, landscape, expand or acquire;
"Metropolitan Region" means all territory included within the territory
of the Authority as provided in this Act, and such territory as may be
annexed to the Authority;
"Municipality", "County" and "Unit of Local Government" have the
meanings given to such terms in Section 1 of Article VII of the Illinois
Constitution;
"Operate" means operate, maintain, administer, repair, promote and any
other acts necessary or proper with regard to such matters;
"Public Transportation" means the transportation or conveyance of
persons within the metropolitan region by means available to the general
public, including groups of the general public with special needs, except
for transportation by automobiles not used for conveyance of the general
public as passengers;
"Public Transportation Facilities" means all equipment or property, real
or personal, or rights therein, useful or necessary for providing,
maintaining or administering public transportation within the metropolitan
region or otherwise useful for carrying out or meeting the purposes or
powers of the Authority, except it shall not include roads, streets,
highways or bridges or toll highways or toll bridges for general public
use; and
"Service Boards" means the Board of the Commuter Rail Division of the
Authority, the Board of the Suburban Bus Division of the Authority and the
Board of the Chicago Transit Authority established pursuant to the "Metropolitan Transit
Authority Act", approved April 12, 1945, as now or hereafter amended.
"Transportation Agency" means any individual, firm, partnership,
corporation, association, body politic, municipal corporation, public
authority, unit of local government or other person, other than the
Authority and the Service Boards, which provides public transportation,
any local mass transit district created pursuant to the "Local Mass Transit
District Act", as now or hereafter amended, and any urban transportation
district created pursuant to the "Urban Transportation District Act", as
now or hereafter amended, which districts are located in whole or in part
within the metropolitan region.
(Source: P.A. 83-885; 83-886.)
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(70 ILCS 3615/1.04) (from Ch. 111 2/3, par. 701.04)
Sec. 1.04.
Establishment of Authority.
A regional transportation authority shall be established upon a
favorable vote at the referendum held as provided in Section 1.05 of this
Act. Upon its establishment the Authority shall be a unit of local
government, body politic, political subdivision and municipal corporation.
(Source: P.A. 78-3rd S.S.-5.)
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(70 ILCS 3615/1.05) (from Ch. 111 2/3, par. 701.05)
Sec. 1.05.
Referendum on Establishment.
A special referendum election shall be held at which there shall be
submitted to the electors in the metropolitan region the proposition to
approve creation of the Authority, which proposition shall be in
substantially the following form:
Shall a Regional Transportation Authority be created for Cook,
DuPage, Kane, Lake, McHenry and Will Counties, Illinois?
The special referendum election shall be conducted by the County
Clerks and Boards of Election Commissioners in the metropolitan region
pursuant to the provisions of "The Election Code", approved May 11,
1943, as amended, except as is specifically provided otherwise in this
Section. The special referendum election shall be held at the same time
and with the same judges, polling places and precincts as for the
regular primary elections to be held on March 19, 1974, in the
metropolitan region.
The proposition shall be submitted to the electors on a separate
paper ballot to be printed on blue paper. The State Board of Elections
shall prepare and certify the form of ballot to the County Clerks and
Boards of Election Commissioners in the metropolitan region.
Notice of the referendum election shall be given by the State Board
of Elections. In addition, such notice may be given by the County Clerks
and Boards of Election Commissioners. Each notice of the special
election shall set forth the proposition to be voted upon, the date of
the election and the time the polling places will be open and shall
state that the polling places and precincts for such election shall be
the same as for the primary elections held on such date. The notice
given by the State Board of Elections shall be published in one or more
daily newspapers of general circulation in the metropolitan region at
least once not less than 20 days prior to the election. Notice of the
special referendum election need not set forth the precincts or polling
places in detail. Notices given by County Clerks or Boards of Election
Commissioners shall be in the form prescribed by the State Board of
Elections.
The votes shall be canvassed and returned in the manner provided for
public measures submitted to the electors of the entire State, including
the provisions for tally sheets, certificates of results, canvassing and
abstracts of votes. Only those ballots properly marked yes or no shall
be counted in the referendum. Each municipal Board of Election
Commissioners shall make its return to the County Clerk of the County in
which it is located; the County Clerks and any County Board of Election
Commissioners shall each make returns covering their entire county to
the State Board of Elections. Each County Clerk and Board of Election
Commissioners shall prepare and certify an abstract of votes cast on the
proposition in the precincts within its election jurisdiction. The
County Clerks and any county Board of Election Commissioners shall
transmit the certified abstracts to the State Board of Elections with
its return within 10 days of the referendum. To meet this deadline, the
County Clerks and Boards of Election Commissioners shall canvass the
votes cast in the special referendum election prior to canvassing the
votes cast for any office in the regular primary election, and may
certify the results of and make returns on the special referendum
election prior to completing those procedures for the regular primary
elections.
The State Board of Elections shall proclaim and certify the results
of the referendum election. If a majority of those electors properly
marking ballots on the proposition vote in favor of the creation of the
Authority, such Authority shall thereby be established.
(Source: P.A. 78-3rd S.S.-5.)
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(70 ILCS 3615/Art. II heading) ARTICLE II.
POWERS.
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(70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)
Sec. 2.01. General Allocation of Responsibility for Public Transportation.
(a) In order to accomplish the
purposes as set forth in this Act,
the responsibility for planning, operating, and funding public transportation in the metropolitan region shall be allocated as described in this Act. The Authority shall: (i) adopt plans that implement the public policy of | ||
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(ii) set goals, objectives, and standards for the | ||
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(iii) develop performance measures to inform the | ||
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(iv) allocate operating and capital funds made | ||
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(v) provide financial oversight of the Service | ||
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(vi) coordinate the provision of public | ||
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The
Service Boards shall, on a continuing basis determine
the level, nature
and kind of public transportation which should be provided for the
metropolitan region in order to meet the plans, goals, objectives, and standards adopted by the Authority. The Service Boards may provide public transportation
by purchasing
such service from transportation agencies through purchase of service
agreements, by grants to such agencies or by operating such service, all
pursuant to this Act and the "Metropolitan Transit Authority
Act", as now or hereafter amended. Certain of its actions to implement the responsibilities allocated to the Authority in this subsection (a) shall be taken in 3 public documents adopted by the affirmative vote of at least 12 of its then Directors: A Strategic Plan; a Five-Year Capital Program; and an Annual Budget and Two-Year Financial Plan.
(b) The Authority shall subject the operating and capital plans and
expenditures of the Service Boards in the
metropolitan region with
regard to public transportation to continuing review so that
the Authority may budget and expend its funds with maximum effectiveness
and efficiency. The Authority shall conduct audits of each of the Service Boards no less than every 5 years. Such audits may include management, performance, financial, and infrastructure condition audits. The Authority may conduct management, performance, financial, and infrastructure condition audits of transportation agencies that receive funds from the Authority. The Authority may direct a Service Board to conduct any such audit of a transportation agency that receives funds from such Service Board, and the Service Board shall comply with such request to the extent it has the right to do so. These audits of the Service Boards or transportation agencies may be project or service specific audits to evaluate their achievement of the goals and objectives of that project or service and their compliance with any applicable requirements.
(Source: P.A. 98-1027, eff. 1-1-15.)
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(70 ILCS 3615/2.01a) Sec. 2.01a. Strategic Plan. (a) By the affirmative vote of at least 12 of its then Directors, the Authority shall adopt a Strategic Plan, no less than every 5 years, after consultation with the Service Boards and after holding a minimum of 3 public hearings in Cook County and one public hearing in each of the other counties in the region. The Executive Director of the Authority shall review the Strategic Plan on an ongoing basis and make recommendations to the Board of the Authority with respect to any update or amendment of the Strategic Plan. The Strategic Plan shall describe the specific actions to be taken by the Authority and the Service Boards to provide adequate, efficient, and coordinated public transportation. (b) The Strategic Plan shall identify goals and objectives with respect to:
(i) increasing ridership and passenger miles on | ||
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(ii) coordination of public transportation services | ||
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(iii) coordination of fare and transfer policies to | ||
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(iv) improvements in public transportation facilities | ||
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(v) access for transit-dependent populations, | ||
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(vi) the financial viability of the public | ||
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(vii) limiting road congestion within the | ||
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(viii) such other goals and objectives that advance | ||
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(c) The Strategic Plan shall establish the process and criteria by which proposals for capital improvements by a Service Board or a transportation agency will be evaluated by the Authority for inclusion in the Five-Year Capital Program, which may include criteria for:
(i) allocating funds among maintenance, enhancement, | ||
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(ii) projects to be funded from the Innovation, | ||
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(iii) projects intended to improve or enhance | ||
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(iv) design and location of station or transit | ||
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(v) assessing the impact of projects on the ability | ||
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(vi) other criteria that advance the goals and | ||
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(d) The Strategic Plan shall establish performance standards and measurements regarding the adequacy, efficiency, geographic equity and coordination of public transportation services in the region and the implementation of the goals and objectives in the Strategic Plan. At a minimum, such standards and measures shall include customer-related performance data measured by line, route, or sub-region, as determined by the Authority, on the following:
(i) travel times and on-time performance;
(ii) ridership data;
(iii) equipment failure rates;
(iv) employee and customer safety; and
(v) customer satisfaction.
The Service Boards and transportation agencies that receive funding from the Authority or Service Boards shall prepare, publish, and submit to the Authority such reports with regard to these standards and measurements in the frequency and form required by the Authority; however, the frequency of such reporting shall be no less than annual. The Service Boards shall publish such reports on their respective websites. The Authority shall compile and publish such reports on its website. Such performance standards and measures shall not be used as the basis for disciplinary action against any employee of the Authority or Service Boards, except to the extent the employment and disciplinary practices of the Authority or Service Board provide for such action.
(e) The Strategic Plan shall identify innovations to improve the delivery of public transportation and the construction of public transportation facilities.
(f) The Strategic Plan shall describe the expected financial condition of public transportation in the metropolitan region prospectively over a 10-year period, which may include information about the cash position and all known obligations of the Authority and the Service Boards including operating expenditures, debt service, contributions for payment of pension and other post-employment benefits, the expected revenues from fares, tax receipts, grants from the federal, State, and local governments for operating and capital purposes and issuance of debt, the availability of working capital, and the resources needed to achieve the goals and objectives described in the Strategic Plan.
(g) In developing the Strategic Plan, the Authority shall rely on such demographic and other data, forecasts, and assumptions developed by the Chicago Metropolitan Agency for Planning with respect to the patterns of population density and growth, projected commercial and residential development, and environmental factors, within the metropolitan region and in areas outside the metropolitan region that may impact public transportation utilization in the metropolitan region. The Authority shall also consult with the Illinois Department of Transportation's Office of Planning and Programming when developing the Strategic Plan. Before adopting or amending any Strategic Plan, the Authority shall consult with the Chicago Metropolitan Agency for Planning regarding the consistency of the Strategic Plan with the Regional Comprehensive Plan adopted pursuant to the Regional Planning Act.
(h) The Authority may adopt, by the affirmative vote of at least 12 of its then Directors, sub-regional or corridor plans for specific geographic areas of the metropolitan region in order to improve the adequacy, efficiency, geographic equity and coordination of existing, or the delivery of new, public transportation. Such plans may also address areas outside the metropolitan region that may impact public transportation utilization in the metropolitan region. In preparing a sub-regional or corridor plan, the Authority may identify changes in operating practices or capital investment in the sub-region or corridor that could increase ridership, reduce costs, improve coordination, or enhance transit-oriented development. The Authority shall consult with any affected Service Boards in the preparation of any sub-regional or corridor plans.
(i) If the Authority determines, by the affirmative vote of at least 12 of its then Directors, that, with respect to any proposed new public transportation service or facility, (i) multiple Service Boards or transportation agencies are potential service providers and (ii) the public transportation facilities to be constructed or purchased to provide that service have an expected construction cost of more than $25,000,000, the Authority shall have sole responsibility for conducting any alternatives analysis and preliminary environmental assessment required by federal or State law. Nothing in this subparagraph (i) shall prohibit a Service Board from undertaking alternatives analysis and preliminary environmental assessment for any public transportation service or facility identified in items (i) and (ii) above that is included in the Five-Year Capital Program as of the effective date of this amendatory Act of the 95th General Assembly; however, any expenditure related to any such public transportation service or facility must be included in a Five-Year Capital Program under the requirements of Sections 2.01b and 4.02 of this Act.
(Source: P.A. 98-1027, eff. 1-1-15.) |
(70 ILCS 3615/2.01b)
Sec. 2.01b. The Five-Year Capital Program. By the affirmative vote of at least 12 of its then Directors, the Authority, after consultation with the Service Boards and after holding a minimum of 3 public hearings in Cook County and one public hearing in each of the other counties in the metropolitan region, shall each year adopt a Five-Year Capital Program that shall include each capital improvement to be undertaken by or on behalf of a Service Board provided that the Authority finds that the improvement meets any criteria for capital improvements contained in the Strategic Plan, is not inconsistent with any sub-regional or corridor plan adopted by the Authority, and can be funded within amounts available with respect to the capital and operating costs of such improvement. In reviewing proposals for improvements to be included in a Five-Year Capital Program, the Authority may give priority to improvements that are intended to bring public transportation facilities into a state of good repair. The Five-Year Capital Program shall also identify capital improvements to be undertaken by a Service Board, a transportation agency, or a unit of local government and funded by the Authority from amounts in the Innovation, Coordination, and Enhancement Fund, provided that no improvement that is included in the Five-Year Capital Program as of the effective date of this amendatory Act of the 95th General Assembly may receive funding from the Innovation, Coordination, and Enhancement Fund. Before adopting a Five-Year Capital Program, the Authority shall consult with the Chicago Metropolitan Agency for Planning regarding the consistency of the Five-Year Capital Program with the Regional Comprehensive Plan adopted pursuant to the Regional Planning Act.
(Source: P.A. 95-708, eff. 1-18-08.) |
(70 ILCS 3615/2.01c)
Sec. 2.01c. Innovation, Coordination, and Enhancement Fund. (a) The Authority shall establish an Innovation, Coordination, and Enhancement Fund and deposit into the Fund an amount equal to $10,000,000 in 2008, and, each year thereafter, an amount equal to the amount deposited in the previous year increased or decreased by the percentage growth or decline in revenues received by the Authority from taxes imposed under Section 4.03 in the previous year. Amounts on deposit in such Fund and interest and other earnings on those amounts may be used by the Authority,
upon the affirmative vote of 12 of its then Directors, and after
a public participation process, for operating or capital grants
or loans to Service Boards, transportation agencies, or units
of local government that advance the goals and objectives
identified by the Authority in its Strategic Plan, provided
that no improvement that has been included in a Five-Year
Capital Program as of the effective date of this amendatory Act
of the 95th General Assembly may receive any funding from the
Innovation, Coordination, and Enhancement Fund. Unless the
Board has determined by a vote of 12 of its then Directors that
an emergency exists requiring the use of some or all of the
funds then in the Innovation, Coordination, and Enhancement
Fund, such funds may only be used to enhance the coordination
and integration of public transportation and develop and
implement innovations to improve the quality and delivery of
public transportation. (b) Any grantee that receives funds from the Innovation, Coordination, and Enhancement Fund for the operation of eligible programs must (i) implement such programs within one year of receipt of such funds and (ii) within 2 years following commencement of any program utilizing such funds, determine whether it is desirable to continue the program, and upon such a determination, either incorporate such program into its annual operating budget and capital program or discontinue such program. No additional funds from the Innovation, Coordination, and Enhancement Fund may be distributed to a grantee for any individual program beyond 2 years unless the Authority by the affirmative vote of at least 12 of its then Directors waives this limitation. Any such waiver will be with regard to an individual program and with regard to a one year-period, and any further waivers for such individual program require a subsequent vote of the Board.
(Source: P.A. 97-399, eff. 8-16-11.) |
(70 ILCS 3615/2.01d)
Sec. 2.01d. ADA Paratransit Fund. The Authority shall establish an ADA Paratransit Fund and, each year, deposit into that Fund the following amounts: (i) a base amount equal to $115,000,000 in 2012, and, each year thereafter, an amount equal to the final budgeted funding for ADA paratransit services for the current year, (ii) any funds received from the State pursuant to appropriations for the purpose of funding ADA paratransit services, and (iii) any additional funds necessary to fund the budget or amended budget for ADA paratransit services adopted or approved by the Board for the current year. The amounts on deposit in the Fund and interest and other earnings on those amounts shall be used by the Authority to make grants to the Suburban Bus Board for ADA paratransit services provided pursuant to plans approved by the Authority under Section 2.30 of this Act. Funds received by the Suburban Bus Board from the Authority's ADA Paratransit Fund shall be used only to provide ADA paratransit services to individuals who are determined to be eligible for such services by the Authority under the Americans with Disabilities Act of 1990 and its implementing regulations. Revenues from and costs of services provided by the Suburban Bus Board with grants made under this Section shall be included in the Annual Budget and Two-Year Financial Program of the Suburban Bus Board and shall be subject to all budgetary and financial requirements under this Act that apply to ADA paratransit services. Beginning in 2008, the Executive Director shall, no later than August 15 of each year, provide to the Board a written determination of the projected annual costs of ADA paratransit services that are required to be provided pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations for the current year. The Authority shall conduct triennial financial, compliance, and performance audits of ADA paratransit services to assist in this determination.
(Source: P.A. 97-399, eff. 8-16-11.) |
(70 ILCS 3615/2.01e)
Sec. 2.01e. Suburban Community Mobility Fund. The Authority shall establish a Suburban Community Mobility Fund and deposit into that Fund an amount equal to $20,000,000 in 2008, and, each year thereafter, an amount equal to the amount deposited in the previous year increased or decreased by the percentage growth or decline in revenues received by the Authority from taxes imposed under Section 4.03 in the previous year. The amounts on deposit in the Fund and interest and other earnings on those amounts shall be used by the Authority to make grants to the Suburban Bus Board for the purpose of operating transit services, other than traditional fixed-route services, that enhance suburban mobility, including, but not limited to, demand-responsive transit services, ride sharing, van pooling, service coordination, centralized dispatching and call taking, reverse commuting, service restructuring, and bus rapid transit. Revenues from and costs of services provided by the Suburban Bus Board with moneys from the Suburban Community Mobility Fund shall be included in the Annual Budget and Two-Year Financial Program of the Suburban Bus Board and shall be subject to all budgetary and financial requirements under this Act.
(Source: P.A. 97-399, eff. 8-16-11.) |
(70 ILCS 3615/2.02) (from Ch. 111 2/3, par. 702.02)
Sec. 2.02. Purchase of service contracts; grants. (a) The Service Boards
may purchase public transportation from transportation agencies upon
such terms and conditions as may be set forth in purchase of service
agreements between the Service Boards and the transportation agencies.
(b) Grants may be made either by: (i) the Authority to a Service
Board; or (ii) a Service Board to either a transportation agency or another
Service Board, all for
operating and other expenses, or for developing or planning public
transportation or for constructing or acquiring public transportation
facilities, all upon such terms and conditions as that Service Board or
the Authority shall
prescribe or as that Service Board and the Authority or that Service
Board and the transportation
agency shall agree
in any grant contract.
(c) The Board shall adopt, to the extent it determines feasible,
guidelines setting forth uniform standards for the making of grants and
purchase of service agreements. Such grant contracts or purchase of
service agreements may be for such number of years or duration as the
parties shall agree.
Any purchase of service agreement with a transportation agency which
is not a public body shall be upon terms and conditions which will allow
the transportation agency to receive for the public transportation
provided pursuant to the agreement net income, after reasonable
deductions for depreciation and other proper and necessary reserves,
equal to an amount which is a reasonable return upon the value of such
portion of the transportation agency's property as is used and useful in
rendering such transportation service. This paragraph shall be construed
in a manner consistent with the principles applicable to such a
transportation agency in rate proceedings under the Public Utilities Act.
This paragraph shall not be construed to provide for the funding of
reserves or guarantee that such a transportation agency shall in fact
receive any return. A Service Board shall, within
180 days after receiving
a written request from a transportation agency which is not a public
body, tender and offer to enter into with such transportation agency a
purchase of service agreement that is in conformity with this Act and
that covers the public transportation services by rail (other than
experimental or demonstration services) which such agency is providing
at the time of such request and which services either were in operation
for at least one year immediately preceding the effective date of this
Act or were in operation pursuant to a purchase of service or grant
agreement with the Authority or Service Board. No such tender by a
Service Board need be
made before April 1, 1975. The first purchase of service agreement so
requested shall not, unless the parties agree otherwise, become
effective prior to June 30, 1975. If, following such a request and
tender, a Service Board and the transportation agency
do not agree upon
the amount of compensation to be provided to the agency by the Service
Board
under the purchase of service agreement or fares and charges under the
purchase of service agreement, either of them may submit such unresolved
issues to the Illinois Commerce Commission for determination. The
Commission shall determine the unresolved issues in conformity with this
Act. The Commission's determination shall be set forth in writing,
together with such terms as are agreed by the parties and any other
unresolved terms as tendered by the Service Board, in
a single document
which shall constitute the entire purchase of service agreement between
the Service Board and the transportation agency, which
agreement, in the
absence of contrary agreement by the parties, shall be for a term of 3
years effective as of July 1, 1975, or, if the agreement is requested to
succeed a currently effective or recently expired purchase of service
agreement between the parties, as of the date of such expiration. The
decision of the Commission shall be binding upon the Service Board and the
transportation agency, subject to judicial review as provided in the Public Utilities Act, but the parties may at any time mutually amend or
terminate a purchase of service agreement. Prompt settlement between the
parties shall be made of any sums owing under the terms of the purchase
of service agreement so established for public transportation services
performed on and after the effective date of any such agreement.
If the Authority reduces the amount of operating subsidy available to
a Service Board under the provisions of Section 4.09 or Section 4.11,
the Service Board shall,
from those funds available to it under Section 4.02, first discharge its
financial obligations under the terms of a purchase of service contract to
any transportation agency which is not a public
body, unless such transportation agency has failed to take any action
requested by the Service Board, which
under the terms of the purchase of service contract the Service Board can
require the transportation agency to take, which would have the effect
of reducing the financial obligation of the Service Board to the transportation
agency.
The provisions of this paragraph (c) shall not preclude a Service Board and a
transportation agency from otherwise entering into a purchase of service
or grant agreement in conformity with this Act or an agreement for the
Authority or a Service Board to purchase or a Service Board to operate
that agency's public transportation
facilities, and shall not limit the exercise of the right of eminent
domain by the Authority pursuant to this Act.
(d) Any transportation agency providing public transportation
pursuant to a purchase of service or grant agreement with the Authority
or a Service Board shall be subject to the Illinois Human Rights
Act and the remedies and procedures established
thereunder. Such agency shall file an affirmative action program for
employment by it with regard to public transportation so provided with
the Department of Human Rights
within one year of the purchase
of service or grant agreement, to ensure that applicants are employed
and that employees are treated during employment, without unlawful discrimination.
Such affirmative
action program shall include provisions relating to hiring, upgrading,
demotion, transfer, recruitment, recruitment advertising, selection for
training and rates of pay or other forms of compensation. No
unlawful discrimination as defined and prohibited in the Illinois Human
Rights Act in any such employment shall be made in any term or
aspect of employment and discrimination based upon
political reasons or factors shall be prohibited.
(e) A Service Board, subject to the provisions of paragraph (c) of this Section,
may not discriminate against a transportation agency with which it
has a purchase of service contract or grant agreement in any condition affecting
the operation of the public transportation facility including the level
of subsidy provided, the quality or standard of public transportation to
be provided or in meeting the financial obligations to transportation agencies
under the terms of a purchase of service or grant contract. Any transportation
agency that believes that a Service Board is discriminating against it may,
after attempting to resolve the alleged discrimination by meeting with the
Service Board with which it has a purchase of service or grant contract,
appeal to the Authority. The Board shall name 3 of its members, other than
a member of the board of the concerned Service Board, to serve as a panel
to arbitrate the dispute. The panel shall render a recommended decision
to the Board which shall be binding on the Service Board and the transportation
agency if adopted by the Board. The panel may not require the Service Board
to take any action which would increase the
operating budget of the Service Board. The decision of the Board shall
be enforceable in a court of general jurisdiction.
(Source: P.A. 100-863, eff. 8-14-18.)
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(70 ILCS 3615/2.03) (from Ch. 111 2/3, par. 702.03)
Sec. 2.03.
Operations.
A Service Board may provide public transportation
by operating public
transportation facilities. A Service Board may enter
into operating
agreements with any individual, corporation or other person or private or
public entity to operate such facilities on behalf of the Service Board.
(Source: P.A. 83-886.)
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(70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)
Sec. 2.04. Fares and Nature of Service. (a) Whenever a Service Board provides any public transportation by
operating public transportation facilities, the Service Board
shall provide for the level and nature of fares or charges to be made for
such services, and the nature and standards of public transportation to
be so provided that meet the goals and objectives adopted by the Authority in the Strategic Plan. Provided, however that if the Board adopts a budget and
financial plan for a Service Board in accordance with the provisions in
Section 4.11(b)(5), the Board may consistent with the terms of any purchase
of service contract provide for the level and nature of fares
to be made for such services under the jurisdiction of that Service Board,
and the nature and standards of public transportation to be so provided. (b) Whenever a Service Board provides any public transportation
pursuant to grants made after June 30, 1975, to transportation agencies
for operating expenses (other than with regard to experimental programs)
or pursuant to any purchase of service agreement, the purchase of service
agreement or grant contract shall provide for the level and nature of fares
or charges to be made for such services, and the nature and standards of
public transportation to be so provided. A Service Board
shall require all transportation agencies with which it contracts, or from
which it purchases transportation services or to which it makes grants to
provide half fare transportation for their student riders if any of such
agencies provide for half fare transportation to their student riders. (c) In so providing for the fares or charges and the nature and standards of
public transportation, any purchase of service agreements or grant contracts
shall provide, among other matters, for the terms or cost of transfers
or interconnections between different modes of transportation and
different public transportation agencies, schedules or routes of such
service, changes which may be made in such service, the nature and
condition of the facilities used in providing service, the manner of
collection and disposition of fares or charges, the records and reports
to be kept and made concerning such service, for interchangeable
tickets or other coordinated or uniform methods of collection of
charges, and shall further require that the transportation agency comply with any determination made by the Board of the Authority under and subject to the provisions of Section 2.12b of this Act. In regard to any such service, the Authority and the Service
Boards shall give
attention to and may undertake programs to promote use of public
transportation and to provide coordinated ticket sales and passenger
information. In the case of a grant to a transportation agency which
remains subject to Illinois Commerce Commission supervision and
regulation, the Service Boards shall exercise the powers
set forth in this
Section in a manner consistent with such supervision and regulation by
the Illinois Commerce Commission. (d) By January 1, 2013, the Authority, in consultation with the Service Boards and the general public, must develop a policy regarding transfer fares on all fixed-route public transportation services provided by the Service Boards. The policy shall also set forth the fare sharing agreements between the Service Boards that apply to interagency fare passes and tickets. The policy established by the Authority shall be submitted to each of the Service Boards for its approval or comments and objection. After receiving the policy, the Service Boards have 90 days to approve or take other action regarding the policy. If all of the Service Boards agree to the policy, then a regional agreement shall be created and signed by each of the Service Boards.
The terms of the agreement may be changed upon petition by any of the Service Boards and by agreement of the other Service Boards. (e) By January 1, 2015, the Authority must develop and implement a regional fare payment system. The regional fare payment system must use and conform with established information security industry standards and requirements of the financial industry. The system must allow consumers to use contactless credit cards, debit cards, and prepaid cards to pay for all fixed-route public transportation services. Beginning in 2012 and each year thereafter until 2015, the Authority must submit an annual report to the Governor and General Assembly describing the progress of the Authority and each of the Service Boards in implementing the regional fare payment system. The Authority must adopt rules to implement the requirements set forth in this Section.
(Source: P.A. 97-85, eff. 7-7-11.)
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(70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05)
Sec. 2.05. Centralized Services; Acquisition and Construction. (a) The Authority may at the
request of two or more Service Boards, serve, or designate a Service Board
to serve, as a centralized purchasing agent for the Service Boards so requesting.
(b) The Authority may at the request of two or more Service Boards perform
other centralized services such as ridership information and transfers between
services under the jurisdiction of the Service Boards where such centralized
services financially benefit the region as a whole. Provided, however,
that the Board may require transfers only upon an affirmative vote of 12
of its then Directors.
(c) A Service Board or the Authority may for the benefit of a Service
Board, to meet its purposes, construct or acquire any public
transportation facility for use by a Service Board
or for use by any
transportation agency and may acquire any such facilities from any
transportation agency, including also without limitation any reserve funds,
employees' pension or retirement funds, special funds, franchises,
licenses, patents, permits and papers, documents and records of the agency.
In connection with any such acquisition from a transportation agency the
Authority may assume obligations of the transportation agency with regard
to such facilities or property or public transportation operations of such
agency.
In connection with any construction or acquisition, the Authority shall
make relocation payments as may be required by federal law or by the
requirements of any federal agency authorized to administer any federal
program of aid.
(d) The Authority shall, after consulting with the Service Boards, develop regionally coordinated and consolidated sales, marketing, advertising, and public information programs that promote the use and coordination of, and transfers among, public transportation services in the metropolitan region. The Authority shall develop and adopt, with the affirmative vote of at least 12 of its then Directors, rules and regulations for the Authority and the Service Boards regarding such programs to ensure that the Service Boards' independent programs conform with the Authority's regional programs.
(Source: P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/2.06) (from Ch. 111 2/3, par. 702.06)
Sec. 2.06. Use of streets and roads; relationship with Illinois Commerce Commission. (a) The Authority may for the benefit of a Service Board, by ordinance,
provide for special lanes for
exclusive or special use by public transportation vehicles with regard to
any roads, streets, ways, highways, bridges, toll highways or toll bridges
in the metropolitan region, notwithstanding any governmental statute,
ordinance or regulation to the contrary.
(b) The Authority, for the benefit of a Service Board, shall have
the power to use and, by ordinance, to
authorize any Service Board or transportation agency to use without
any franchise, charge,
permit or license any public road, street, way, highway, bridge, toll
highway or toll bridge within the metropolitan region for the provision of
public transportation. Transportation agencies which have purchase of
service agreements with a Service Board as to any
public transportation shall
not as to any aspect of such public transportation be subject to any
supervision, licensing or regulation imposed by any unit of local
government in the metropolitan region, except as may be specifically
authorized by the Authority and except for regular police supervision of
vehicular traffic.
(c) The Authority shall not be subject to the Public Utilities Act.
Transportation agencies which have any purchase of service agreement with
a Service Board shall not be subject to that Act as to any public
transportation which is the subject of such agreement. No contract or
agreement entered into by any transportation agency with a Service Board
shall be subject to approval of or regulation by the Illinois Commerce
Commission. If a Service Board shall determine that any particular public
transportation service provided by a transportation agency with which the
Service Board has a purchase of service agreement is not
necessary for the
public interest and shall, for that reason, decline to enter into any
purchase of service agreement for such particular service, then the
Service Board shall have no obligation pursuant to Section
2.02(c) to offer or
make a purchase of service agreement with respect to that particular
service and the transportation agency may discontinue the particular
service. Such discontinuation shall not be subject to the approval of or
regulation by the Illinois Commerce Commission. The acquisition by the
Authority by eminent domain of any property, from any transportation
agency, shall not be subject to the approval of or regulation by the
Illinois Commerce Commission, provided, however, that
the requirement in
Section 7-102 of the Code of Civil Procedure, as amended, requiring in certain
instances prior approval of the Illinois Commerce Commission for taking or
damaging of property of railroads or other public utilities shall continue
to apply as to any taking or damaging by the Authority
of any real property
of such a railroad not used for public transportation or of any real
property of such other public utility.
(Source: P.A. 100-863, eff. 8-14-18.)
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(70 ILCS 3615/2.06.1) (from Ch. 111 2/3, par. 702.06.1)
Sec. 2.06.1. Bikeways and trails. The Authority may use its
established funds, personnel, and other resources to acquire, construct,
operate, and maintain bikeways and trails. The Authority shall cooperate
with other governmental and private agencies in bikeway and trail programs.
(Source: P.A. 98-1027, eff. 1-1-15.)
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(70 ILCS 3615/2.07) (from Ch. 111 2/3, par. 702.07)
Sec. 2.07.
Extra-territorial Authority.
In order to provide or assist any transportation of members of the
general public between points in the metropolitan region and points outside
the metropolitan region, whether in this State or in Wisconsin or Indiana,
the Authority may at the request and for the benefit of a Service Board,
by ordinance, enter into agreements with any unit of
local government, individual, corporation or other person or public agency
in or of any such state or any private entity for such service. Such
agreements may provide for participation by a Service Board
in providing such
service and for grants by a Service Board in connection
with any such
service, and may, subject to federal and State law, set forth any terms
relating to such service, including coordinating such service with public
transportation in the metropolitan region. Such agreement may be for such
number of years or duration as the parties may agree. In regard to any such
agreements or grants, a Service Board shall consider
the benefit to the
metropolitan region and the financial contribution with regard to such
service made or to be made from public funds in such areas served outside
the metropolitan region.
(Source: P.A. 83-886.)
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(70 ILCS 3615/2.08) (from Ch. 111 2/3, par. 702.08)
Sec. 2.08.
Protection Against Crime.
The Authority shall cooperate with the various State, municipal,
sheriff's and transportation agency police forces in the metropolitan
region for the protection of employees and consumers of public
transportation services and public transportation facilities against crime.
The Authority may provide by ordinance for an Authority police force to
aid, coordinate and supplement other police forces in protecting persons
and property and reducing the threats of crime with regard to public
transportation. Such police shall have the same powers with regard to such
protection of persons and property as those exercised by police of
municipalities and may include members of other police forces in the
metropolitan region. The Authority shall establish minimum standards for
selection and training of members of such police force employed by it.
Training shall be accomplished at schools certified by the Illinois Law Enforcement Training Standards
Board established
pursuant to the Illinois Police Training Act. Such training shall be subject to the rules
and standards adopted pursuant to Section 7 of that Act. The Authority may
participate in any training program conducted under that Act. The Authority
may provide for the coordination or consolidation of security services and
police forces maintained with regard to public transportation services and
facilities by various transportation agencies and may contract with any
municipality or county in the metropolitan region to provide protection of
persons or property with regard to public transportation. Employees of the
Authority or of any transportation agency affected by any action of the
Authority under this Section shall be provided the protection set forth in
Section 2.16. Neither the Authority, the Suburban Bus Division, the
Commuter Rail Division, nor any of their Directors, officers or employees
shall be held liable for failure to provide a security or police force or,
if a security or police force is provided, for failure to provide adequate
police protection or security, failure to prevent the commission of crimes
by fellow passengers or other third persons or for the failure to apprehend
criminals.
(Source: P.A. 91-357, eff. 7-29-99.)
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(70 ILCS 3615/2.09) (from Ch. 111 2/3, par. 702.09)
Sec. 2.09. Research and Development. (a) The Authority and the Service
Boards shall study public transportation problems and
developments; encourage experimentation in developing new public
transportation technology, financing methods, and management procedures;
conduct, in cooperation with other public and private agencies, studies and
demonstration and development projects to test and develop methods for
improving public transportation, for reducing its costs to users or for
increasing public use; and conduct, sponsor, and participate in other
studies and experiments, which may include fare demonstration programs,
useful to achieving the purposes of this Act.
The cost for any such item authorized by this Section may be exempted
by the Board in a budget ordinance from the "costs" included in determining
that the Authority and its service
boards meet the farebox recovery ratio or system generated revenues recovery
ratio requirements of Sections 3A.10, 3B.10, 4.01(b), 4.09 and 4.11 of this
Act and Section 34 of the Metropolitan Transit Authority Act during the
Authority's fiscal year which begins January 1, 1986 and ends December 31,
1986, provided that the cost of any item authorized herein must be
specifically approved within the budget adopted pursuant to Sections 4.01
and 4.11 of this Act for that fiscal year.
(b) To improve public transportation service in areas of the metropolitan region with limited access to commuter rail service, the Authority and the Suburban Bus Division shall evaluate the feasibility of implementing new bus rapid transit services using the expressway and tollway systems in the metropolitan region. The Illinois Department of Transportation and the Illinois Toll Highway Authority shall work cooperatively with the Authority and the Suburban Bus Division in that evaluation and in the implementation of bus rapid transit services. The Authority and the Suburban Bus Division, in cooperation with the Illinois Department of Transportation, shall develop a bus rapid transit demonstration project on Interstate 55 located in Will, DuPage, and Cook Counties. This demonstration project shall test and refine approaches to bus rapid transit operations in the expressway or tollway shoulder or regular travel lanes and shall investigate technology options that facilitate the shared use of the transit lane and provide revenue for financing construction and operation of public transportation facilities.
(c) The Suburban Bus Division and the Authority shall cooperate in the development, funding, and operation of programs to enhance access to job markets for residents in south suburban Cook County. Beginning in 2008, the Authority shall allocate to the Suburban Bus Division an amount not less than $3,750,000, and beginning in 2009 an amount not less than $7,500,000 annually for the costs of such programs.
(Source: P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/2.10) (from Ch. 111 2/3, par. 702.10)
Sec. 2.10.
Protection of the Environment.
The Authority and the Service Boards shall take all feasible and prudent
steps to minimize
environmental disruption and pollution arising from its activities or from
public transportation activities of transportation agencies acting pursuant
to purchase of service agreements. In carrying out its purposes and powers
under this Act, the Authority and the Service Boards shall seek to reduce
environmental disruption
and pollution arising from all forms of transportation of persons within
the metropolitan region. The Service Boards shall employ persons
with skills and
responsibilities for determining means to minimize such disruption and
pollution.
(Source: P.A. 83-886.)
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(70 ILCS 3615/2.10a) Sec. 2.10a. Zero-emission buses. (a) As used in this Section: "Zero-emission bus" means a bus that is: (1) designed to carry more than 10 passengers and is | ||
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(2) a zero-emission vehicle; and (3) not a taxi. "Zero-emission vehicle" means a fuel cell or electric vehicle that: (1) is a motor vehicle; (2) is made by a commercial manufacturer; (3) is manufactured primarily for use on public | ||
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(4) has a maximum speed capability of at least 55 | ||
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(5) is powered entirely by electricity or powered by | ||
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(6) has an operating range of at least 100 miles; and (7) produces only water vapor and heat as byproducts. (b) On or after July 1, 2026, a Service Board may not enter into a new contract to purchase a bus that is not a zero-emission bus for the purpose of the Service Board's transit bus fleet. (c) For the purposes of determining compliance with this Section, a Service Board shall not be deemed to be in violation of this Section when failure to comply is due to: (1) the unavailability of zero-emission buses from a | ||
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(2) the lack of necessary charging, fueling, or | ||
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(3) the inability of a third party to enter into a | ||
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(Source: P.A. 103-281, eff. 1-1-24.) |
(70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)
Sec. 2.11. Safety.
(a) The Service Boards may establish, enforce and facilitate
achievement and
maintenance of standards of safety against accidents with respect to public
transportation provided by the Service Boards or by transportation
agencies
pursuant to purchase of service agreements with the Service Boards. The
provisions of general or special orders, rules or regulations issued by the
Illinois Commerce Commission pursuant to Section 57 of "An Act concerning
public utilities", approved June 29, 1921, as amended, which pertain to
public transportation and public transportation facilities of railroads
will continue to apply until the Service Board determines
that different
standards are necessary to protect such health and safety.
(b) (Blank).
(c) The security portion of the system safety program, investigation
reports, surveys, schedules, lists, or data compiled, collected, or prepared by
or for the Authority under this subsection, shall not be subject to discovery
or admitted into evidence in federal or State court or considered for other
purposes in any civil action for damages arising from any matter mentioned or
addressed in such reports, surveys, schedules, lists, data, or information.
(d) Neither the Authority nor its directors, officers, or employees nor any
Service Board subject to this Section nor its directors, officers, or employees
shall be held liable in any civil action for any injury to any person or
property for any acts or omissions or failure to act under this Section or
pursuant to 49 CFR Part 659 as now or hereafter amended.
(e) Nothing in this Section alleviates an individual's duty to comply with the State Officials and Employees Ethics Act. (Source: P.A. 102-559, eff. 8-20-21.)
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(70 ILCS 3615/2.12) (from Ch. 111 2/3, par. 702.12)
Sec. 2.12. Coordination with Planning Agencies. The Authority and the Service Boards shall cooperate with the various
public agencies charged
with responsibility for long-range or comprehensive planning for the
metropolitan region. The Authority shall utilize the official forecasts and plans of the Chicago Metropolitan Agency for Planning in developing the Strategic Plan and the Five-Year Capital Program. The Authority and the Service Boards shall, prior
to the adoption of any
Strategic Plan, as provided in Section 2.01a of this Act, or the adoption of any Five-Year Capital
Program, as provided in Section 2.01b
of this
Act, submit its proposals to such agencies for review and comment. The
Authority and the Service Boards may make use of existing studies, surveys,
plans, data and other materials in the possession of any State agency or
department, any planning agency or any unit of local government.
(Source: P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/2.12a)
Sec. 2.12a. (Repealed).
(Source: P.A. 83-886. Repealed by P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/2.12b)
Sec. 2.12b. Coordination of Fares and Service. Upon the request of a Service Board, the Executive Director of the Authority may, upon the affirmative vote of 9 of the then Directors of the Authority, intervene in any matter involving (i) a dispute between Service Boards or a Service Board and a transportation agency providing service on behalf of a Service Board with respect to the terms of transfer between, and the allocation of revenues from fares and charges for, transportation services provided by the parties or (ii) a dispute between 2 Service Boards with respect to coordination of service, route duplication, or a change in service. Any Service Board or transportation agency involved in such dispute shall meet with the Executive Director, cooperate in good faith to attempt to resolve the dispute, and provide any books, records, and other information requested by the Executive Director. If the Executive Director is unable to mediate a resolution of any dispute, he or she may provide a written determination recommending a change in the fares or charges or the allocation of revenues for such service or directing a change in the nature or provider of service that is the subject of the dispute. The Executive Director shall base such determination upon the goals and objectives of the Strategic Plan established pursuant to Section 2.01a(b). Such determination shall be presented to the Board of the Authority and, if approved by the affirmative vote of at least 9 of the then Directors of the Authority, shall be final and shall be implemented by any affected Service Board and transportation agency within the time frame required by the determination.
(Source: P.A. 95-708, eff. 1-18-08.) |
(70 ILCS 3615/2.13) (from Ch. 111 2/3, par. 702.13)
Sec. 2.13. (a) The Authority may take and acquire possession by eminent domain of
any property or interest in property which the Authority is authorized to
acquire under this Act. The power of eminent domain may be exercised by
ordinance of the Authority, and shall extend to all types of interests in
property, both real and personal (including without limitation easements
for access purposes to and rights of concurrent usage of existing or
planned public transportation facilities), whether or not the property is
public property or is devoted to public use and whether or not the property
is owned or held by a public transportation agency, except as specifically
limited by this Act.
(b) The Authority shall exercise the power of eminent domain granted in
this Section in the manner provided for the exercise
of the right of eminent domain under the Eminent Domain Act, except that the Authority may not exercise the authority
provided in Article 20 of the Eminent Domain Act (quick-take procedure)
providing for immediate
possession in such proceedings, and except that those provisions of Section 10-5-10 of the Eminent Domain Act requiring prior approval of the
Illinois Commerce Commission
in certain instances shall apply to eminent domain proceedings by the
Authority only as to any taking or damaging by the Authority of any real
property of a railroad not used for public transportation or of any real
property of other public utilities.
(c) The Authority may exercise the right of eminent domain to acquire
public property only upon the concurrence of 2/3 of the then Directors. In
any proceeding for the taking of public property by the Authority through
the exercise of the power of eminent domain the venue shall be in the
Circuit Court of the county in which the property is located. The right of
eminent domain may be exercised over property used for public park
purposes, for State Forest purposes or for forest preserve purposes only
upon a written finding adopted by concurrence of 2/3 of the then Directors,
after public hearing and a written study done for the Authority, that such
taking is necessary to accomplish the purposes of this Act, that no
feasible alternatives to such taking exist, and that the advantages to the
public from such taking exceed the disadvantages to the public of doing so.
In any proceeding for the exercise of the right of eminent domain for the
taking by the Authority of property used for public park, State forest, or
forest preserve purposes, the court shall not order the taking of such
property unless it has reviewed and concurred in the findings required of
the Authority by this paragraph. No property dedicated as a nature
preserve pursuant to the "Illinois Natural Areas Preservation Act",
as now or hereafter amended, may be
acquired in eminent domain by the Authority.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 3615/2.13a) Sec. 2.13a. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)
Sec. 2.14. Appointment of Officers and Employees. The Authority may appoint,
retain and employ officers, attorneys, agents, engineers and employees.
The officers shall include an Executive Director, who shall be the chief
executive officer of the Authority, appointed by the Chairman with the concurrence
of 11
of the other then Directors of the Board. The Executive Director
shall organize the staff of the Authority, shall
allocate their functions and duties, shall transfer such staff to the
Suburban Bus Division and the Commuter Rail
Division as is sufficient to meet their purposes, shall fix compensation
and conditions of employment of the staff of the Authority, and consistent
with the policies of and direction from the Board, take all actions
necessary to achieve its purposes, fulfill
its responsibilities and carry out its powers, and shall have such other
powers and responsibilities as the Board shall determine. The Executive
Director must be an individual
of proven transportation and management skills and may not be a member of
the Board. The Authority may employ its own professional
management personnel to provide professional and technical expertise concerning
its purposes and powers and to assist it in assessing the performance of the
Service Boards in the metropolitan region.
No employee, officer, or agent of the Authority may receive a bonus that exceeds 10% of his or her annual salary unless that bonus has been reviewed by the Board for a period of 14 days. After 14 days, the contract shall be considered reviewed. This Section does not apply to usual and customary salary adjustments. No unlawful discrimination, as defined and prohibited in the Illinois Human
Rights Act, shall be made in any term or aspect of employment
nor shall there be discrimination based upon political reasons or
factors. The Authority shall establish regulations to insure that its
discharges shall not be arbitrary and that hiring and promotion are
based on merit.
The Authority shall be subject to the "Illinois Human Rights
Act", as now or hereafter amended, and the remedies and procedure
established thereunder. The Authority shall file an affirmative action
program for employment by it with the Department of Human Rights to ensure
that applicants are
employed and that employees are treated during employment, without
regard to unlawful discrimination. Such affirmative
action program shall include provisions relating to hiring, upgrading,
demotion, transfer, recruitment, recruitment advertising, selection for
training and rates of pay or other forms of compensation.
(Source: P.A. 98-1027, eff. 1-1-15.)
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(70 ILCS 3615/2.15) (from Ch. 111 2/3, par. 702.15)
Sec. 2.15.
Policy With Respect to Protective Arrangements, Collective Bargaining and
Labor Relations.
It is the intent of this Act that:
(a) The Authority shall insure that every employee of the Authority and
every employee of a Service Board or transportation agency shall receive
fair and equitable
protection against actions of the Authority which shall not be less than
those established pursuant to Section 13 (c) of the Urban Mass
Transportation Act of 1964, as amended (49 U.S.C. Sec. 1609 (c), and
Section 405 (b) of the Rail Passenger Service Act of 1970, as amended (45
U.S.C. Sec. 565 (b), and as prescribed by the United States Secretary of
Labor thereunder, at the time of the protective agreement or arbitration
decision providing protection.
(b) There shall be no limitation on freedom of association among
employees of the Authority nor any denial of the right of employees to join
or support a labor organization and to bargain collectively through
representatives of their own choosing.
(c) The Authority and the duly accredited representatives of employees
shall have the obligation to bargain collectively in good faith, and the
Authority shall have the power and duty to enter into written collective
bargaining agreements with such representatives.
(Source: P.A. 83-886.)
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(70 ILCS 3615/2.16) (from Ch. 111 2/3, par. 702.16)
Sec. 2.16.
Employee Protection.
(a) The Authority shall insure that every employee of the Authority or
of a Service Board or transportation agency shall receive
fair and equitable protection
against actions of the Authority which shall not be less than those
established pursuant to Section 13(c) of the Urban Mass Transportation Act
of 1964, as amended (49 U.S.C. Sec. 1609(c)), and Section 405(b) of the
Rail Passenger Service Act of 1970, as amended (45 U.S.C. Sec. 565(b)),
and as prescribed by the United States Secretary of Labor thereunder, at
the time of the protective agreement or arbitration decision providing
protection.
(b) The Authority shall negotiate or arrange for the negotiation of such
fair and equitable employee arrangements with the employees, through their
accredited representatives authorized to act for them. If agreement cannot
be reached on the terms of such protective arrangement, any party may
submit any matter in dispute to arbitration. In such arbitration, each
party shall have the right to select non-voting arbitration board members.
The impartial arbitrator will be selected by the American Arbitration
Association and appointed from a current listing of the membership of the
National Academy of Arbitrators, upon request of any party. The impartial
arbitrator's decision shall be final and binding on all parties. Each party
shall pay an equal proportionate share of the impartial arbitrator's fees
and expenses.
(c) For purposes of Sections 2.15 through 2.19, "actions of the
Authority" include its acquisition and operation of public transportation
facilities, the execution of purchase of service agreements and grant
contracts made under this Act and the coordination, reorganization,
combining, leasing, merging of operations or the expansion or curtailment
of public transportation service or facilities by the Authority, but does
not include a failure or refusal to enter into a purchase of service
agreement or grant contract.
(Source: P.A. 91-357, eff. 7-29-99.)
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(70 ILCS 3615/2.17) (from Ch. 111 2/3, par. 702.17)
Sec. 2.17.
Employee Pensions.
The Authority may establish and maintain systems of pensions and
retirement benefits for such officers and employees of the Authority as may
be designated or described by ordinance of the Authority; may fix the
classifications therein; may take such steps as may be necessary to provide
that persons eligible for admission to such pension systems as officers and
employees of the Authority or of any transportation agency whose operations
are financed in whole or in part by the Authority, shall retain eligibility
for admission to or continued coverage and participation under Title II of
the federal Social Security Act, as amended, and the related provisions of
the Federal Insurance Contributions Act, as amended, or the federal
Railroad Retirement Act, as amended, and the related provisions of the
Railroad Retirement Tax Act, as amended, as the case may be; and may
provide in connection with such pension systems, a system of benefits
payable to the beneficiaries and dependents of any participant in such
pension systems after the death of such participant (whether accidental or
otherwise, whether occurring in the actual performance of duty or
otherwise, or both) subject to such exceptions, conditions, restrictions
and classifications as may be provided by ordinance of the Authority. Such
pension systems shall be financed or funded by such means and in such
manner as may be determined by the Authority to be economically feasible.
(Source: P.A. 78-3rd S.S.-5.)
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(70 ILCS 3615/2.18) (from Ch. 111 2/3, par. 702.18)
Sec. 2.18.
Labor Contracts.
(a) The Authority shall deal with and enter into written contracts with
employees of the Authority, through accredited representatives of such
employees authorized to act for such employees concerning wages, salaries,
hours, working conditions, and pension or retirement provisions. Nothing in
this Act shall be construed, however, to permit hours of labor in excess of
those prohibited by law or to permit working conditions prohibited by law.
(b) Whenever the Authority acquires the public transportation facilities
of a transportation agency, either in proceeding by eminent domain or
otherwise, and operates such facilities, all employees actively engaged in
the operation thereof shall be transferred to and appointed as employees of
the Authority, subject to all the rights and benefits of Sections 2.15
through 2.19, and the Authority shall assume and observe all applicable
labor contracts and pension obligations. These employees shall be given
seniority credit and sick leave, vacation, insurance, and pension credits
in accordance with the records or labor agreements from the acquired
transportation system. Members and beneficiaries of any pension or
retirement system or other benefits established by the acquired
transportation system shall continue to have rights, privileges, benefits,
obligations and status with respect to such established system. The
Authority shall assume the obligations of any transportation system
acquired by it with regard to wages, salaries, hours, working conditions,
sick leave, health and welfare and pension or retirement provisions for
these employees. The Authority and the employees, through their
representatives for collective bargaining purposes, shall take whatever
action may be necessary to have pension trust funds presently under the
joint control of such Transportation Agency and the participating employees
through their representatives transferred to the trust funds to be
established, maintained, and administered jointly by the Authority and the
participating employees through their representatives.
(c) Whenever the Authority shall take any of the actions specified in
Section 2.16 (c), it shall do so only after meeting the requirements of
Section 2.16, and in addition, whenever the Authority shall acquire and
operate the public transportation facilities of a transportation agency
engaged in the transportation of persons by railroad, it shall do so only
in such manner as to insure the continued applicability to the railroad
employees affected thereby of the provisions of all federal statutes then
applicable to them and a continuation of their existing collective
bargaining agreements until the provisions of said agreements can be
re-negotiated by representatives of the Authority and the representatives
of said employees duly designated as such pursuant to the terms and
provisions of the Railway Labor Act, as amended (45 U.S.C. 151 et seq.);
provided, however, that nothing in this subsection shall prevent the
abandonment of such facilities, or the discontinuance of such operations
pursuant to applicable law, or the substitution of other operations or
facilities for such operations or facilities, whether by merger,
consolidation, coordination or otherwise. In the event new or supplemental
operations or facilities are substituted therefor, the provisions of
Section 2.19 shall be applicable, and all questions concerning the
selection of forces to perform the work of such new or supplemental
facilities or operations, and whether the Authority shall be required to
insure the continued applicability of the federal statutes applicable to
such employees shall be negotiated and, if necessary, arbitrated, in
accordance with the procedures set forth in subsection 2.19 (a).
(Source: P.A. 78-3rd S.S.-5.)
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(70 ILCS 3615/2.18a) (from Ch. 111 2/3, par. 702.18a)
Sec. 2.18a. (a) The provisions of this Section apply to collective bargaining
agreements (including extensions and amendments to existing agreements)
between Service Boards or transportation agencies subject to the jurisdiction
of Service Boards and their employees, which are entered into after January 1, 1984.
(b) The Authority shall approve amended budgets prepared by Service Boards
which incorporate the costs of collective bargaining agreements between
Service Boards and their employees. The Authority shall approve such an
amended budget provided that it determines by the affirmative vote of 12
of its then members that the amended budget meets the standards established
in Section 4.11.
(Source: P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/2.19) (from Ch. 111 2/3, par. 702.19)
Sec. 2.19.
Labor Relations Procedures.
(a) Whenever the Authority proposes to operate or to enter into a
contract to operate any new public transportation facility which may result
in the displacement of employees or the rearrangement of the working forces
of the Authority or of the Chicago Transit Authority or of any transportation
agency, the Authority shall give
at least 90 days written notice of such proposed operations to the
representatives of the employees affected and the Authority shall provide
for the selection of forces to perform the work of that facility on the
basis of agreement between the Authority and the representatives of such
employees. In the event of failure to agree, the dispute may be submitted
by the Authority or by any representative of the employees affected to
final and binding arbitration by an impartial arbitrator to be selected by
the American Arbitration Association from a current listing of arbitrators
of the National Academy of Arbitrators.
(b) In case of any labor dispute not otherwise governed by this Act, by
the Labor Management Relations Act, as amended, the Railway Labor Act, as
amended, or by impasse resolution provisions in a collective bargaining or
protective agreement involving the Authority, the Chicago Transit Authority
or any transportation agency
financed in whole or in part by the Authority and the employees of the
Authority or of the Chicago Transit Authority or any such transportation
agency, which is not settled by the
parties thereto within 30 days from the date of commencement of
negotiations, either party may request the assistance of a mediator
appointed by either the State or Federal Mediation and Conciliation
Service, who shall seek to resolve the dispute. In the event that the
dispute is not resolved by mediation within a reasonable period, the
mediator shall certify to the parties that an impasse exists. Upon receipt
of the mediator's certification, any party to the dispute may, within 7
days, submit the dispute to a fact finder who shall be selected by the
parties pursuant to the rules of the American Arbitration Association from
a current listing of members of the National Academy of Arbitrators
supplied by the AAA. The fact finder shall have the duty to hold hearings,
or otherwise take evidence from the parties under such other arrangements
as they may agree. Upon completion of the parties' submissions, the fact
finder shall have the power to issue and make public findings and
recommendations, or to refer the dispute back to the parties for such other
appropriate action as he may recommend. In the event that the parties do
not reach agreement after the issuance of the fact finder's report and
recommendations, or in cases where neither party requests fact finding, the
Authority shall offer to submit the dispute to arbitration by a board
composed of 3 persons, one appointed by the Authority, one appointed by the
labor organization representing the employees, and a third member to be
agreed upon by the labor organization and the Authority. The member agreed
upon by the labor organization and the Authority shall act as chairman of
the board. The determination of the majority of the board of arbitration
thus established shall be final and binding on all matters in dispute. If,
after a period of 10 days from the date of the appointment of the two
arbitrators representing the Authority and the labor organization, the
third arbitrator has not been selected, then either arbitrator may request
the American Arbitration Association to furnish from a current listing of
the membership of the National Academy of Arbitrators the names of 7 such
members of the National Academy from which the third arbitrator shall be
selected. The arbitrators appointed by the Authority and the labor
organization, promptly after the receipt of such list, shall determine by
lot the order of elimination, and thereafter each shall in that order
alternately eliminate one name until only one name remains. The remaining
person on the list shall be the third arbitrator. The term "labor dispute"
shall be broadly construed and shall include any controversy concerning
wages, salaries, hours, working conditions, or benefits, including health
and welfare, sick leave, insurance, or pension or retirement provisions,
but not limited thereto, and including any controversy concerning any
differences or questions that may arise between the parties including but
not limited to the making or maintaining of collective bargaining
agreements, the terms to be included in such agreements, and the
interpretation or application of such collective bargaining agreements and
any grievance that may arise. Each party shall pay one-half of the expenses
of such arbitration.
(Source: P.A. 83-886.)
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(70 ILCS 3615/2.20) (from Ch. 111 2/3, par. 702.20)
Sec. 2.20. General Powers.
(a) Except as otherwise limited by this Act,
the Authority shall
also have all powers necessary to meet its responsibilities and to carry
out its purposes, including, but not limited to, the following powers:
(i) To sue and be sued;
(ii) To invest any funds or any monies not required | ||
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(iii) To make, amend and repeal by-laws, rules and | ||
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(iv) To hold, sell, sell by installment contract, | ||
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(v) To enter at reasonable times upon such lands, | ||
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(vi) To make and execute all contracts and other | ||
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(vii) To enter into contracts of group insurance for | ||
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(viii) To provide for the insurance of any property, | ||
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(ix) To appear before the Illinois Commerce | ||
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(x) To pass all ordinances and make all rules and | ||
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The Authority may enter into arbitration arrangements, which
may be final and binding.
The Commuter Rail
Board shall continue the separate public corporation, known as the
Northeast Illinois Regional Commuter Railroad Corporation, as a
separate operating unit to operate on behalf of the Commuter Rail Board
commuter
railroad facilities, subject at all times to the supervision and
direction of the Commuter Rail Board and may, by ordinance,
dissolve such
Corporation. Such Corporation shall be governed by a Board of Directors
which shall consist of the members of the Transition Board until such
time as all of the members of the Commuter Rail Board are appointed and
qualified and thereafter the members of the Commuter Rail Board. Such
Corporation shall have all the powers given the Authority and the Commuter
Rail Board under Article
II of this Act (other than under Section 2.13) as are delegated to it by
ordinance of the Commuter Rail Board with regard
to such operation of
facilities and the same exemptions, restrictions and limitations as are
provided by law with regard to the Authority shall apply to such
Corporation. Such Corporation shall be a transportation agency as
provided in this Act except for purposes of paragraph (e) of Section
3.01 of this Act.
The Authority shall cooperate with the
Illinois Commerce Commission and local law enforcement agencies in establishing
a two year pilot program in DuPage County to determine the effectiveness of an
automated
railroad grade crossing enforcement system.
(b) In each case in which this Act gives the Authority the power to
construct or acquire real or personal property, the Authority shall have
the power to acquire such property by contract, purchase, gift, grant,
exchange for other property or rights in property, lease (or sublease)
or installment or conditional purchase contracts, which leases or
contracts may provide for consideration therefor to be paid in annual
installments during a period not exceeding 40 years. Property may be
acquired subject to such conditions, restrictions, liens, or security or
other interests of other parties as the Authority may deem appropriate,
and in each case the Authority may acquire a joint, leasehold, easement,
license or other partial interest in such property. Any such acquisition
may provide for the assumption of, or agreement to pay, perform or
discharge outstanding or continuing duties, obligations or liabilities
of the seller, lessor, donor or other transferor of or of the trustee
with regard to such property. In connection with the acquisition of
public transportation equipment, including, but not limited to, rolling
stock, vehicles, locomotives, buses or rapid transit equipment, the
Authority may also execute agreements concerning such equipment leases,
equipment trust certificates, conditional purchase agreements and such
other security agreements and may make such agreements and covenants as
required, in the form customarily used in such cases appropriate to
effect such acquisition. Obligations of the Authority incurred pursuant
to this Section shall not be considered bonds or notes within the
meaning of Section 4.04 of this Act.
(c) The Authority shall assume all costs of rights, benefits and
protective conditions to which any employee is entitled under this Act
from any transportation agency in the event of the inability of the
transportation agency to meet its obligations in relation thereto due to
bankruptcy or insolvency, provided that the Authority shall retain the
right to proceed against the bankrupt or insolvent transportation agency
or its successors, trustees, assigns or debtors for the costs assumed.
The Authority may mitigate its liability under this paragraph (c) and
under Section 2.16 to the extent of employment and employment benefits
which it tenders.
(Source: P.A. 97-333, eff. 8-12-11.)
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(70 ILCS 3615/2.21) (from Ch. 111 2/3, par. 702.21)
Sec. 2.21.
(a) The Authority or the Commuter Rail Board may not in
the exercise of its powers to provide effective public transportation as
provided by this Act:
(i) require or authorize the operation of, or operate | ||
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(ii) obtain by eminent domain any interest in any | ||
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(iii) prohibit the operation of public transportation | ||
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(b) If in connection with any construction, acquisition, or other
activity undertaken by or for the Authority or a Service Board, or
pursuant to any purchase of
service or grant agreement with the Authority or a Service Board, any
facility of a public
utility (as defined in the Public Utilities Act), is removed or relocated from its then-existing site
all costs and expenses of such relocation or removal, including the cost of
installing such facilities in a new location or locations, and the cost of
any land or lands, or interest in land, or any rights required to
accomplish such relocation or removal, shall be paid by the Authority or
a Service Board. If
any such facilities are so relocated onto the properties of the Authority
or the Service Board
or onto properties made available for that purpose by the Authority or
the Service Board, there
shall be no rent, fee, or other charge of any kind imposed upon the public
utility owning or operating such facilities in excess of that imposed prior
to such relocation and such public utility, and its successors and assigns,
shall be granted the right to operate such facilities in the new location
or locations for as long a period and upon the same terms and conditions as
it had the right to maintain and operate such facilities in their former
location. Nothing in this paragraph (b) shall prevent the Authority or
the Service Board and a
transportation agency from agreeing in a purchase of service agreement or
otherwise to make different arrangements for such relocations or the costs
thereof.
(Source: P.A. 100-863, eff. 8-14-18.)
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(70 ILCS 3615/2.22) (from Ch. 111 2/3, par. 702.22)
Sec. 2.22.
It is the policy of this State that all powers granted, either expressly
or by necessary implication, by this Act or any other Illinois statute to
the Authority may be exercised by the
Authority notwithstanding effects on competition. It is the intention of the
General Assembly that the "State action exemption" to the application of
federal antitrust statutes be fully available to the Authority to the extent
its activities are authorized by law as stated herein.
(Source: P.A. 83-929.)
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(70 ILCS 3615/2.23) (from Ch. 111 2/3, par. 702.23)
Sec. 2.23.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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(70 ILCS 3615/2.24) (from Ch. 111 2/3, par. 702.24)
Sec. 2.24.
Drug and alcohol testing.
The
Regional Transportation Authority,
and all of the Service Boards subject to the Authority, including the
Chicago Transportation Authority, shall be responsible for the
establishment, maintenance, administration and enforcement of a
comprehensive drug and alcohol testing program which is in absolute
conformity with
Federal statutes and regulations currently in effect.
(Source: P.A. 88-619, eff. 1-1-95.)
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(70 ILCS 3615/2.30) Sec. 2.30. Paratransit services. (a) For purposes of this Act, "ADA paratransit services" shall mean those comparable or specialized transportation services provided by, or under grant or purchase of service contracts of, the Service Boards to individuals with disabilities who are unable to use fixed route transportation systems and who are determined to be eligible, for some or all of their trips, for such services under the Americans with Disabilities Act of 1990 and its implementing regulations. (b) Beginning July 1, 2005, the Authority is responsible for the funding, from amounts on deposit in the ADA Paratransit Fund established under Section 2.01d of this Act, financial review and oversight of all ADA paratransit services that are provided by the Authority or by any of the Service Boards. The Suburban Bus Board shall operate or provide for the operation of all ADA paratransit services by no later than July 1, 2006, except that this date may be extended to the extent necessary to obtain approval from the Federal Transit Administration of the plan prepared pursuant to subsection (c). (c) No later than January 1, 2006, the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, shall develop a plan for the provision of ADA paratransit services and submit such plan to the Federal Transit Administration for approval. Approval of such plan by the Authority shall require the affirmative votes of 12
of the then Directors. The Suburban Bus Board, the Chicago Transit Authority and the Authority shall comply with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations in developing and approving such plan including, without limitation, consulting with individuals with disabilities and groups representing them in the community, and providing adequate opportunity for public comment and public hearings. The plan shall include the contents required for a paratransit plan pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations. The plan shall also include, without limitation, provisions to: (1) maintain, at a minimum, the levels of ADA | ||
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(2) transfer the appropriate ADA paratransit | ||
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(3) provide for consistent policies throughout the | ||
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(4) provide that service contracts and rates, entered | ||
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(5) provide for fares, fare collection and billing | ||
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(6) provide for performance standards for all ADA | ||
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(7) provide, in cooperation with the Illinois | ||
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(8) provide for a system of dispatch of ADA | ||
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(9) provide for a process of determining eligibility | ||
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(10) provide for consideration of innovative methods | ||
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(11) provide for the creation of one or more ADA | ||
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(d) All revisions and annual updates to the ADA paratransit services plan developed pursuant to subsection (c) of this Section, or certifications of continued compliance in lieu of plan updates, that are required to be provided to the Federal Transit Administration shall be developed by the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, and the Authority shall submit such revision, update or certification to the Federal Transit Administration for approval. Approval of such revisions, updates or certifications by the Authority shall require the affirmative votes of 12
of the then Directors. (e) The Illinois Department of Transportation, the Illinois Department of Public Aid, the Authority, the Suburban Bus Board and the Chicago Transit Authority shall enter into intergovernmental agreements as may be necessary to provide funding and accountability for, and implementation of, the requirements of this Section. (f) By no later than April 1, 2007, the Authority shall develop and submit to the General Assembly and the Governor a funding plan for ADA paratransit services. Approval of such plan by the Authority shall require the affirmative votes of 12
of the then Directors. The funding plan shall, at a minimum, contain an analysis of the current costs of providing ADA paratransit services, projections of the long-term costs of providing ADA paratransit services, identification of and recommendations for possible cost efficiencies in providing ADA paratransit services, and identification of and recommendations for possible funding sources for providing ADA paratransit services. The Illinois Department of Transportation, the Illinois Department of Public Aid, the Suburban Bus Board, the Chicago Transit Authority and other State and local public agencies as appropriate shall cooperate with the Authority in the preparation of such funding plan. (g) Any funds derived from the federal Medicaid program for reimbursement of the costs of providing ADA paratransit services within the metropolitan region shall be directed to the Authority and shall be used to pay for or reimburse the costs of providing such services. (h) Nothing in this amendatory Act shall be construed to conflict with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations.
(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.) |
(70 ILCS 3615/2.31)
Sec. 2.31. Disadvantaged Business Enterprise Contracting and Equal Employment Opportunity Programs. The Authority and each Service Board shall, as soon as is practicable but in no event later than two years after the effective date of this amendatory Act of the 95th General Assembly, establish and maintain a disadvantaged business enterprise contracting program designed to ensure non-discrimination in the award and administration of contracts not covered under a federally mandated disadvantaged business enterprise program. The program shall establish narrowly tailored goals for the participation of disadvantaged business enterprises as the Authority and each Service Board determines appropriate. The goals shall be based on demonstrable evidence of the availability of ready, willing, and able disadvantaged business enterprises relative to all businesses ready, willing, and able to participate on the program's contracts. The program shall require the Authority and each Service Board to monitor the progress of the contractors' obligations with respect to the program's goals. Nothing in this program shall conflict with or interfere with the maintenance or operation of, or compliance with, any federally mandated disadvantaged business enterprise program. The Authority and each Service Board shall establish and maintain a program designed to promote equal employment opportunity. Each year, no later than October 1, the Authority and each Service Board shall report to the General Assembly on the number of their respective employees and the number of their respective employees who have designated themselves as members of a minority group and gender. Each year no later than October 1, and starting no later than the October 1 after the establishment of their disadvantaged business enterprise contracting programs, the Authority and each Service Board shall submit a report with respect to such program to the General Assembly. In addition, each year no later than October 1, the Authority and each Service Board shall submit a copy of its federally mandated semi-annual Uniform Report of Disadvantaged Business Enterprises Awards or Commitments and Payments to the General Assembly.
(Source: P.A. 95-708, eff. 1-18-08.) |
(70 ILCS 3615/2.32)
Sec. 2.32. Clean/green vehicles. Any vehicles purchased from funds made available to the Authority from the Transportation Bond, Series B Fund or the Multi-modal Transportation Bond Fund must incorporate clean/green technologies and alternative fuel technologies, to the extent practical.
(Source: P.A. 101-30, eff. 6-28-19.) |
(70 ILCS 3615/2.35) Sec. 2.35. Vehicle arrival information. By July 1, 2012, all Service Boards must make available web-based, real-time vehicle arrival information for use by riders for all fixed-route public transportation services. The Authority shall have access to all universally acceptable data feeds for vehicle arrival information.
(Source: P.A. 97-85, eff. 7-7-11.) |
(70 ILCS 3615/2.37) Sec. 2.37. Wireless Internet study. By January 1, 2012, the Authority must prepare and submit a report to the Governor and General Assembly regarding the feasibility of providing wireless Internet services on all fixed-route public transportation services.
(Source: P.A. 97-85, eff. 7-7-11; 97-813, eff. 7-13-12.) |
(70 ILCS 3615/2.38) Sec. 2.38. Universal fare instrument for persons age 65 and over. No later than 120 days after January 1, 2012 (the effective date of Public Act 97-271), the Authority must develop and make available for use by riders age 65 and over a universal fare instrument that may be used interchangeably on all public transportation funded by the Authority, except for ADA paratransit services.
(Source: P.A. 97-271, eff. 1-1-12; 97-813, eff. 7-13-12.) |
(70 ILCS 3615/2.39) Sec. 2.39. Prioritization process for Northeastern Illinois transit projects. (a) The Authority shall develop a transparent prioritization process for Northeastern Illinois transit projects receiving State capital funding. The prioritization process must consider, at a minimum: (1) access to key destinations such as jobs, retail, healthcare, and recreation, (2) reliability improvement, (3) capacity needs, (4) safety, (5) state of good repair, (6) racial equity and mobility justice, and (7) economic development. All State capital funding awards shall be made by the Regional Transportation Authority in accordance with the prioritization process. An appropriate public input process shall be established. The Authority shall make a report to the General Assembly each year describing the prioritization process and its use in funding awards. (b) A summary of the project evaluation process, measures, program, and scores or prioritization criteria for all candidate projects shall be published on the Authority's website in a timely manner. (c) Starting April 1, 2022, no project shall be included in the 5-year capital program, or amendments to that program, without being evaluated under the selection process described in this Section.
(Source: P.A. 102-573, eff. 8-24-21.) |
(70 ILCS 3615/2.40) Sec. 2.40. Suspension of riding privileges and confiscation of fare media. (a) As used in this Section, "demographic information" includes, but is not limited to, age, race, ethnicity, gender, and housing status, as that term is defined under Section 10 of the Bill of Rights for the Homeless Act. (b) Suspension of riding privileges and confiscation of fare media are limited to: (1) violations where the person's conduct places | ||
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(2) violations where the person's conduct places | ||
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(3) violations involving an act of public indecency, | ||
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(c) Written notice shall be provided to an individual regarding the suspension of the individual's riding privileges or confiscation of fare media. The notice shall be provided in person at the time of the alleged violation, except that, if providing notice in person at the time of the alleged violation is not practicable, then the Authority shall make a reasonable effort to provide notice to the individual by personal service, by mailing a copy of the notice by certified mail, return receipt requested, and first-class mail to the person's current address, or by emailing a copy of the notice to an email address on file, if available. If the person is known to be detained in jail, service shall be made as provided under Section 2-203.2 of the Code of Civil Procedure. The written notice shall be sufficient to inform the individual about the following: (1) the nature of the suspension of riding privileges | ||
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(2) the person's rights and available remedies to | ||
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(3) the procedures for adjudicating whether a | ||
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The process to determine whether a suspension or riding privileges or confiscation of fare media is warranted and the length of the suspension shall be concluded within 30 business days after the individual receives notice of the suspension or confiscation. Notwithstanding any other provision of this Section, no person shall be denied the ability to contest or appeal a suspension of riding privileges or confiscation of fare media, or to attend a hearing to determine whether a suspension or confiscation was warranted, because the person was detained in a jail. (d) Each Service Board shall create an administrative suspension hearing process as follows: (1) A Service Board shall designate an official to | ||
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(2) The accused and related parties, including legal | ||
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(3) The Service Board shall present the | ||
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(4) The accused or the accused's legal counsel can | ||
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(5) The Service Board's designated official shall | ||
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(6) The value of unexpended credit or unexpired | ||
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(7) The alleged victims of the violation and related | ||
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(8) The alleged victims of the violation and related | ||
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(e) Each Service Board shall create a process to appeal and reinstate ridership privileges. This information shall be provided to the suspended rider at the time of the Service Board's findings. A suspended rider is entitled to 2 appeals after the Service Board's finding to suspend the person's ridership. A suspended rider may petition the Service Board to reinstate the person's ridership privileges one calendar year after the Service Board's suspension finding if the length of the suspension is more than one year. (f) Each Service Board shall collect, report, and make publicly available in a quarterly timeframe the number and demographic information of people subject to suspension of riding privileges or confiscation of fare media, the conduct leading to the suspension or confiscation, as well as the location and description of the location where the conduct occurred, such as identifying the transit station or transit line, date, and time of day, a citation to the statutory authority for which the accused person was arrested or charged, the amount, if any, on the fare media, and the length of the suspension.(Source: P.A. 103-281, eff. 1-1-24.) |
(70 ILCS 3615/2.41) Sec. 2.41. Domestic Violence and Sexual Assault Regional Transit Authority Public Transportation Assistance Program. (a) No later than 90 days after the effective date of this amendatory Act of the 103rd General Assembly, the Authority shall create the Domestic Violence and Sexual Assault Regional Transit Authority Public Transportation Assistance Program to serve residents of the Authority. Through this Program, the Authority shall issue monetarily preloaded mass transit cards to The Network: Advocating Against Domestic Violence for survivor and victim use of public transportation through Chicago Transit Authority, the Suburban Bus Division, and the Commuter Rail Division. The Authority shall coordinate with The Network: Advocating Against Domestic Violence to issue no less than 25,000 monetarily preloaded mass transit cards with a value of $20 per card for distribution to domestic violence and sexual assault service providers throughout the Authority's jurisdiction, including the counties of Cook, Kane, DuPage, Will, Lake, and McHenry. The mass transit card shall be plastic or laminated and wallet-sized, contain no information that would reference domestic violence or sexual assault services, and have no expiration date. The cards shall also be available electronically and shall be distributed to domestic violence and sexual assault direct service providers to distribute to survivors. The total number of mass transit cards shall be distributed to domestic violence and sexual assault service providers throughout the Authority's region based on the average number of clients served in 2021 and 2022 in comparison to the total number of mass transit cards granted by the Authority. (b) The creation of the Program shall include an appointment of a domestic violence or sexual assault program service provider or a representative of the service provider's choosing to the Authority's Citizen Advisory Board. The Network: Advocating Against Domestic Violence shall provide an annual report of the program, including a list of service providers receiving the mass transit cards, the total number of cards received by each service provider, and an estimated number of survivors and victims of domestic violence and sexual assault participating in the program. The report shall also include survivor testimonies of the program and shall include program provided recommendations on improving implementation of the Program. The report shall be provided to the Regional Transit Authority one calendar year after the creation of the Program. In partnership with The Network: Advocating Against Domestic Violence, the Authority shall report this information to the Board and the Citizen Advisory Board and compile an annual report of the Program to the General Assembly and to domestic violence and sexual assault service providers in the service providers' jurisdiction and include recommendations for improving implementation of the Program.
(Source: P.A. 103-281, eff. 7-28-23.) |
(70 ILCS 3615/2.42) Sec. 2.42. Youth and young adults internships and employment. By January 1, 2024, the Suburban Bus Board and the Commuter Rail Board shall create or partner with a youth jobs program to provide internship or employment opportunities to youth and young adults.
(Source: P.A. 103-281, eff. 7-28-23.) |
(70 ILCS 3615/Art. III heading) ARTICLE III.
ORGANIZATION.
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(70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)
Sec. 3.01. Board of Directors. The
corporate authorities and governing body of the Authority shall
be a Board consisting of 13 Directors until April 1, 2008, and 16 Directors thereafter, appointed as follows:
(a) Four Directors appointed by the Mayor of the City of
Chicago, with the advice and consent of the City Council of the City of
Chicago, and, only until April 1, 2008, a fifth director who shall be the Chairman of the Chicago
Transit Authority. After April 1, 2008, the Mayor of the City of Chicago, with the advice and consent of the City Council of the City of Chicago, shall appoint a fifth Director. The Directors appointed by the Mayor of the City of Chicago shall not be the Chairman or a Director of the Chicago Transit Authority. Each such Director shall reside in the City of Chicago.
(b) Four Directors appointed by the votes of a majority of the members of the Cook County Board
elected from districts, a majority of
the electors of which reside outside Chicago. After April 1, 2008, a fifth Director appointed by the President of the Cook County Board with the advice and consent of the members of the Cook County Board.
Each Director appointed under this subparagraph shall reside in that part of Cook County outside
Chicago.
(c) Until April 1, 2008, 3 Directors appointed by the Chairmen of the County Boards of DuPage, Kane, Lake, McHenry, and Will Counties, as follows:
(i) Two Directors appointed by the Chairmen of the | ||
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(ii) One Director appointed by the Chairman of the | ||
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(d) After April 1, 2008, 5 Directors appointed by the Chairmen of the County Boards of DuPage, Kane, Lake and McHenry Counties and the County Executive of Will County, as follows:
(i) One Director appointed by the Chairman of the | ||
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(ii) One Director appointed by the County Executive | ||
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(iii) One Director appointed by the Chairman of the | ||
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(iv) One Director appointed by the Chairman of the | ||
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(v) One Director appointed by the Chairman of the | ||
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(vi) To implement the changes in appointing authority | ||
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(e)
The Chairman serving on the effective date of this amendatory Act of the 95th General Assembly shall continue to serve as Chairman until the expiration of his or her term of office and until his or her successor is appointed and qualified or a vacancy occurs in the office. Upon the expiration or vacancy of the term of the Chairman then serving upon the effective date of this amendatory Act of the 95th General Assembly, the Chairman shall be appointed by the other Directors, by the affirmative vote of at least 11 of the then Directors with at least 2 affirmative votes from Directors who reside in the City of Chicago, at least 2 affirmative votes from Directors who reside in Cook County outside the City of Chicago, and at least 2 affirmative votes from Directors who reside in the Counties of DuPage, Lake, Will, Kane, or McHenry. The
chairman shall not be appointed from among the other Directors. The chairman
shall be a resident of the metropolitan region.
(f) Except as otherwise provided by this Act no Director
shall, while serving as such, be an officer,
a member of the Board of Directors or Trustees or an employee of any Service Board or transportation
agency, or be an employee of the State of Illinois or any department or
agency thereof, or of any municipality, county, or any other unit of local government or receive any compensation
from any elected or appointed office under the Constitution and laws of
Illinois; except that a Director may be a member of a school board.
(g) Each appointment made under this Section and
under Section 3.03 shall be certified by the appointing authority to the
Board, which shall maintain the certifications as part of the official
records of the Authority.
(h) (Blank).
(Source: P.A. 98-709, eff. 7-16-14.)
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(70 ILCS 3615/3.02) (from Ch. 111 2/3, par. 703.02)
Sec. 3.02.
Chairman and Other Officers.
The Chairman shall preside at
meetings of the Board, and shall be entitled to vote on all matters. The Board
shall select a Secretary and a Treasurer and may select persons to fill
such other offices of the Authority and to perform such duties as it shall
from time to time determine. The Secretary, Treasurer and other officers of
the Authority may, but need not be, members of the Board.
(Source: P.A. 83-886.)
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(70 ILCS 3615/3.03) (from Ch. 111 2/3, par. 703.03)
Sec. 3.03. Terms, vacancies. Each Director
shall hold office for a term of 5
years, and until his successor has been appointed and has qualified. A
vacancy shall occur upon resignation, death, conviction of a felony, or
removal from office of a Director. Any Director may be removed from office
(i) upon concurrence of not less than 11
Directors, on a formal finding of
incompetence, neglect of duty, or malfeasance in office or (ii) by the Governor in response to a summary report received from the Executive Inspector General in accordance with Section 20-50 of the State Officials and Employees Ethics Act, provided he or she has an opportunity to be publicly heard in person or by counsel prior to removal. Within 30 days
after the office of any member becomes vacant for any reason, the
appointing authorities of such member shall make an appointment to fill the
vacancy. A vacancy shall be filled for the unexpired term.
Whenever
a vacancy for a Director, except as
to the Chairman or those Directors appointed by the Mayor of the City
of Chicago, exists for longer than 4 months, the new Director shall be
chosen by election by all legislative members in the General Assembly
representing the affected area. In order to qualify as a
voting legislative member in this matter, the affected
area must be more than 50% of the geographic area of the legislative district.
(Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)
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(70 ILCS 3615/3.04) (from Ch. 111 2/3, par. 703.04)
Sec. 3.04.
Compensation.
Each Director including the
Chairman, except for the Chairman of the Chicago Transit Authority who
shall not be compensated by the Authority,
shall be compensated at the
rate of $25,000 per year.
Officers of the Authority shall not be required to comply with the
requirements of "An Act requiring certain custodians of public moneys to
file and publish statements of the receipts and disbursements thereof",
approved June 24, 1919, as now or hereafter amended.
(Source: P.A. 83-885; 83-886.)
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(70 ILCS 3615/3.05) (from Ch. 111 2/3, par. 703.05)
Sec. 3.05. Meetings. The Board shall prescribe the times and places for meetings and the
manner in which special meetings may be called. The Board shall comply
in all respects with the "Open Meetings Act", approved July 11,
1957, as now or hereafter amended. All records, documents and papers of
the Authority, other than those relating to matters concerning which
closed sessions of the Board may be held, shall be available for public
examination, subject to such reasonable regulations as the Board may
adopt.
A majority of the Directors holding office shall constitute a quorum
for the conduct of business. Except as otherwise provided in this Act,
the affirmative votes of at least 9
Directors shall be necessary for
approving any contract or agreement, adopting any rule or regulation,
and any other action required by this Act to be taken by resolution or
ordinance.
The Board shall meet with the Regional Citizens Advisory Board at least
once every 4 months.
Open meetings of the Board shall be broadcast to the public and maintained in real-time on the Board's website using a high-speed Internet connection. Recordings of each meeting broadcast shall be posted to the Board's website within a reasonable time after the meeting and shall be maintained as public records to the extent practicable, as determined by the Board. Compliance with the provisions of this amendatory Act of the 98th General Assembly does not relieve the Board of its obligations under the Open Meetings Act. (Source: P.A. 98-1139, eff. 6-1-15.)
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(70 ILCS 3615/3.06) (from Ch. 111 2/3, par. 703.06)
Sec. 3.06.
Territory and Annexation.
The initial territory of the Authority shall be Cook, DuPage, Kane,
Lake, McHenry and Will Counties, Illinois. Any other county or portion
thereof in Illinois contiguous to the metropolitan region may be annexed
to the Authority on such conditions as the Authority shall by ordinance
prescribe, by ordinance adopted by the county board of such county, and
by approval by the Authority. Upon such annexation, a certificate of
such action shall be filed by the Secretary of the Authority with the
County Clerk of the county so annexing to the Authority and with the
Secretary of State of Illinois and the State Department of Revenue.
No area may be annexed to the Authority except upon the approval of a
majority of the electors of such area voting on the proposition so to
annex, which proposition may be presented at any regular
election as provided by the county board or boards of the county or
counties in which the area in question is located. Such county board or
boards shall cause certification of such proposition to be given
in accordance with the general election law
to the proper election officers who shall submit the proposition at an election
in accordance with the general election law.
(Source: P.A. 81-1489.)
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(70 ILCS 3615/3.08) (from Ch. 111 2/3, par. 703.08)
Sec. 3.08.
There is established a Regional Citizens Advisory
Board. This board shall be comprised of the Chairmen of the Citizens Advisory
Boards of the Chicago Transit Authority, the Commuter Rail Board and the
Suburban Bus Board. This Board shall meet at least quarterly and shall advise
the Board of the impact of its policies and programs on the communities
within the metropolitan region. Members shall serve without compensation.
(Source: P.A. 83-886.)
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(70 ILCS 3615/3.09)
Sec. 3.09. (Repealed).
(Source: P.A. 83-886. Repealed by P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/3.10)
Sec. 3.10. (Repealed).
(Source: P.A. 83-886. Repealed by P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/3.11) Sec. 3.11. Free and reduced fare services. The Authority shall provide the Department of Public Health with a monthly list of all riders that receive free or reduced fares. The list shall include an individual's name, address, and date of birth. The Department of Public Health shall, within 2 weeks after receipt of the list, report back to the Authority any discrepancies that indicate that a rider receiving free or reduced fare services is deceased. The Authority upon receipt of the report from the Department of Public Health shall take appropriate steps to remove any deceased individual's name from the list of individuals eligible under the free or reduced fare programs.
(Source: P.A. 97-781, eff. 1-1-13.) |
(70 ILCS 3615/3.12) Sec. 3.12. Reduced or free transit fare study. (a) By July 1, 2024, the Authority shall conduct a study and submit a report to the Governor and General Assembly regarding free and reduced fares and the development of a more equitable fare structure for the regional transit system. The study shall include: (1) The impact and feasibility of providing | ||
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(2) A review of all reduced fare programs | ||
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(3) Analysis of how reduced and free ride programs | ||
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(b) In this Section, "returning resident" means any United States resident who is 17 years of age or older and has been in and left the physical custody of the Department of Corrections within the last 36 months. (Source: P.A. 103-281, eff. 1-1-24.) |
(70 ILCS 3615/Art. III-A heading) ARTICLE III-A
SUBURBAN BUS DIVISION
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(70 ILCS 3615/3A.01) (from Ch. 111 2/3, par. 703A.01)
Sec. 3A.01.
Suburban Bus Division.
There is established within the
Authority the Suburban Bus Division as the operating division responsible
for providing public transportation by bus and as may be provided in this
Act. Purchase of service agreements between a transportation agency and the
Authority in effect on the effective date of this amendatory Act shall
remain in full force and effect in accordance with the terms of such
agreement. Such agreements shall first be the responsibility of the
Transition Board and, on the date of its creation, shall be the
responsibility of the Suburban Bus Division and its Board.
(Source: P.A. 83-885; 83-886.)
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(70 ILCS 3615/3A.02) (from Ch. 111 2/3, par. 703A.02)
Sec. 3A.02. Suburban Bus Board. The governing body of the Suburban
Bus Division shall be a board consisting of 13 directors appointed as follows:
(a) Six Directors appointed by the members of the | ||
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(i) One of the Directors shall be the chief | ||
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(ii) One of the Directors shall be the chief | ||
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(iii) One of the Directors shall be the chief | ||
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(iv) One of the Directors shall be the chief | ||
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(v) One of the Directors shall be the chief | ||
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(vi) One of the Directors shall be the chief | ||
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(b) One Director by the Chairman of the Kane County | ||
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(c) One Director by the Chairman of the Lake County | ||
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(d) One Director by the Chairman of the DuPage County | ||
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(e) One Director by the Chairman of the McHenry | ||
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(f) One Director by the Chairman of the Will County | ||
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(g) The Commissioner of the Mayor's Office for People | ||
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(h) The Chairman by the Governor for the initial | ||
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Each appointment made under paragraphs (a) through (g) and under Section
3A.03 shall be certified by the appointing authority to the Suburban Bus
Board which shall maintain the certifications as part of the official records
of the Suburban Bus Board; provided that the initial appointments shall
be certified to the Secretary of State, who shall transmit the certifications
to the Suburban Bus Board following its organization.
For the purposes of this Section, "chief executive officer of a
municipality" includes a former chief executive officer of a municipality
within the specified Region or County, provided that the former officer
continues to reside within such Region or County.
(Source: P.A. 95-906, eff. 8-26-08.)
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(70 ILCS 3615/3A.03) (from Ch. 111 2/3, par. 703A.03)
Sec. 3A.03. Terms, Vacancies. The initial term of the directors appointed
pursuant to subdivision (a) of Section 3A.02 shall expire on
June 30, 1985; the initial term of the directors appointed pursuant
to subdivisions (b) through (g) of Section 3A.02
shall expire on June 30, 1986. Thereafter, each director shall be appointed
for a term of 4 years, and until his successor has been appointed and
qualified. A vacancy shall occur upon the resignation, death, conviction
of a felony, or removal from office of a director. Any director may be
removed from office (i) upon the concurrence of not less than 8 directors,
on a formal finding of incompetence, neglect of duty, or malfeasance
in office or (ii) by the Governor in response to a summary report received from the Executive Inspector General in accordance with Section 20-50 of the State Officials and Employees Ethics Act, provided he or she has an opportunity to be publicly heard in person or by counsel prior to removal. Within 30 days after the office of any director becomes vacant
for any reason, the appointing authorities of such director shall make an
appointment to fill the vacancy. A vacancy shall be filled for the unexpired
term. The initial directors other than the chairman shall be appointed
within 180 days of November 9, 1983.
On June 1, 1984 the seat of any Director of the Suburban Bus Board not
yet filled shall be deemed vacant and shall be chosen by the election of
all the legislative members of the General Assembly representing the affected
area. In order to qualify as a voting legislative member in this matter,
the affected area must be more than 50% of the geographic area of the
legislative district.
(Source: P.A. 96-1528, eff. 7-1-11.)
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(70 ILCS 3615/3A.04) (from Ch. 111 2/3, par. 703A.04)
Sec. 3A.04.
Chairman and Other Officers.
The Chairman shall preside
at meetings of the Suburban Bus Board and shall be entitled to vote on all
matters. The Suburban Bus Board shall select a Secretary and a Treasurer
and may select persons to fill such other offices of the Division and to
perform such duties as it shall from time to time determine. The Secretary,
Treasurer and other officers of the Division may, but need not be, members
of the Suburban Bus Board.
(Source: P.A. 83-886.)
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(70 ILCS 3615/3A.05) (from Ch. 111 2/3, par. 703A.05)
Sec. 3A.05. Appointment of officers and employees. The Suburban Bus
Board shall appoint an Executive Director who shall be the chief executive
officer of the Division, appointed, retained or dismissed with the concurrence
of 9 of the directors of the Suburban Bus Board. The Executive Director
shall appoint, retain and employ officers, attorneys, agents, engineers,
employees and shall organize the staff, shall allocate their functions and
duties, fix compensation and conditions of employment, and consistent with
the policies of and direction
from the Suburban Bus Board take all actions necessary to achieve its purposes,
fulfill its responsibilities and carry out its powers, and shall have such
other powers and responsibilities as the Suburban Bus Board shall determine.
The Executive Director shall be an individual of proven transportation and
management skills and may not be a member of the Suburban Bus Board. The
Division may employ its own professional management personnel to provide
professional and technical expertise concerning its purposes
and powers and to assist it in assessing the performance of transportation
agencies in the metropolitan region.
No employee, officer, or agent of the Suburban Bus Board may receive a bonus that exceeds 10% of his or her annual salary unless that bonus has been reviewed by the Regional Transportation Authority Board for a period of 14 days. After 14 days, the contract shall be considered reviewed. This Section does not apply to usual and customary salary adjustments. No unlawful discrimination, as defined and prohibited in the Illinois Human
Rights Act, shall be made in any term or aspect of employment nor shall
there be discrimination based upon political reasons or factors. The Suburban
Bus Board shall establish regulations to insure that its discharges shall
not be arbitrary and that hiring and promotion are based on merit.
The Division shall be subject to the "Illinois Human Rights Act", as now
or hereafter amended, and the remedies and procedure established thereunder.
The Suburban Bus Board shall file an affirmative action program for employment
by it with the Department of Human Rights to ensure that applicants are
employed and that employees are treated during employment, without regard
to unlawful discrimination. Such affirmative action program shall include
provisions relating
to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising,
selection for training and rates of pay or other forms of compensation.
(Source: P.A. 98-1027, eff. 1-1-15.)
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(70 ILCS 3615/3A.06) (from Ch. 111 2/3, par. 703A.06)
Sec. 3A.06.
Compensation.
The Chairman of the Suburban Bus Board
shall receive an annual salary of $15,000, and the other members of the
Suburban Bus Board shall receive an annual salary of $10,000. Each member
shall be reimbursed for actual expenses incurred in the performance of his
duties, not to exceed $5000 per year.
Officers of the Division shall not be required to comply with the
requirements of "An Act requiring certain custodians of public monies to
file and publish statements of the receipts and disbursements thereof",
approved June 24, 1919, as now or hereafter amended.
(Source: P.A. 84-939.)
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(70 ILCS 3615/3A.07) (from Ch. 111 2/3, par. 703A.07)
Sec. 3A.07. Meetings. The Suburban Bus Board shall prescribe the time
and places for meetings and the manner in which special meetings may be
called. The Suburban Bus Board shall comply in all respects with the "Open
Meetings Act", as now or hereafter amended. All records, documents and
papers of the Suburban Bus Division, other than those relating to matters
concerning which closed sessions of the Suburban Bus Board may be held,
shall be available for public examination, subject to such reasonable regulations
as the Suburban Bus Board may adopt.
A majority of the members shall constitute a quorum for the conduct of
business. The affirmative votes of at least 7 members shall be necessary
for any action required by this Act to be taken by ordinance.
Open meetings of the Board shall be broadcast to the public and maintained in real-time on the Board's website using a high-speed Internet connection. Recordings of each meeting broadcast shall be posted to the Board's website within a reasonable time after the meeting and shall be maintained as public records to the extent practicable, as determined by the Board. Compliance with the provisions of this amendatory Act of the 98th General Assembly does not relieve the Board of its obligations under the Open Meetings Act. (Source: P.A. 98-1139, eff. 6-1-15.)
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(70 ILCS 3615/3A.08) (from Ch. 111 2/3, par. 703A.08)
Sec. 3A.08. Jurisdiction. Any public transportation by bus within the
metropolitan region, other than public transportation by commuter rail or
public transportation provided by the Chicago Transit Authority pursuant
to agreements in effect on the effective date of this amendatory Act of 1983
or in the City of Chicago and any ADA paratransit services provided pursuant to Section 2.30 of the Regional Transportation Authority Act, shall be subject to the jurisdiction of the Suburban
Bus Board.
(Source: P.A. 94-370, eff. 7-29-05.)
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(70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
Sec. 3A.09. General powers. In addition to any powers elsewhere provided
to the Suburban Bus Board, it shall have all of the powers specified in
Section 2.20 of this Act except for the powers specified in Section 2.20(a)(v). The Board shall also have the power:
(a) to cooperate with the Regional Transportation | ||
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(b) to receive funds from the Regional Transportation | ||
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(c) to receive financial grants from the Regional | ||
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(d) to perform all functions necessary for the | ||
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(e) to borrow money for the purposes of: (i) | ||
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(f) to adopt ordinances and make all rules and | ||
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(Source: P.A. 103-281, eff. 1-1-24.)
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(70 ILCS 3615/3A.10) (from Ch. 111 2/3, par. 703A.10)
Sec. 3A.10. Budget and Program. The Suburban Bus Board, subject to
the powers of the Authority in Section 4.11, shall control the finances
of the Division. It shall by ordinance appropriate money to perform the
Division's purposes and provide for payment of debts and expenses of the
Division. Each year the Suburban Bus Board shall prepare and publish a comprehensive
annual budget and proposed five-year capital
program document, and a financial plan for the 2 years
thereafter describing the state of the Division and presenting for the forthcoming
fiscal year and the 2 following years the Suburban Bus Board's plans for
such operations and capital expenditures as it intends to undertake and
the means by which it intends to finance them. The proposed budget,
financial plan, and five-year capital program shall be based on the Authority's estimate of funds to be
made available to the Suburban Bus Board by or through the Authority and
shall conform in all respects to the requirements established by the Authority.
The proposed budget, financial plan, and five-year capital program shall contain a statement of the funds estimated
to be on hand at the beginning of the fiscal year, the funds estimated to
be received from all sources for such year and the funds estimated to be
on hand at the end of such year. The fiscal year of the
Division shall be the same as the fiscal year of the Authority. Before
the proposed budget,
financial plan, and five-year capital program
are submitted to the
Authority, the Suburban Bus Board shall hold at least one public hearing
thereon in each of the counties in the metropolitan region in which the
Division provides service. The Suburban Bus Board shall hold at least
one meeting for consideration of the proposed
budget, financial plan, and five-year capital program with the
county board of each of the several counties in the metropolitan region
in which the Division provides service. After conducting such hearings
and holding such meetings and after making such changes in the proposed
budget, financial plan, and five-year capital program as the Suburban Bus Board deems appropriate, it shall
adopt an annual budget ordinance at least by November 15 next preceding
the beginning of each fiscal year. The budget,
financial
plan, and five-year capital program shall then be submitted to the Authority as provided in Section 4.11. In the event
that the Board of the Authority determines that the budget
and financial plan do not meet the standards of Section 4.11, the Suburban
Bus Board shall make such changes as are necessary to meet such requirements
and adopt an amended budget ordinance. The amended budget ordinance shall
be resubmitted to the Authority pursuant to Section 4.11. The ordinance
shall appropriate such sums of money as are deemed necessary to defray
all necessary expenses and obligations of the Division, specifying purposes
and the objects or programs for which appropriations are made and the amount
appropriated for each object or program. Additional appropriations, transfers
between items and other changes in such ordinance which do not alter the
basis upon which the balanced budget determination was made by the Board
of the Authority may be made from time to
time by the Suburban Bus Board.
The budget shall:
(i) show a balance between (A) anticipated revenues | ||
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(ii) show cash balances including the proceeds of any | ||
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(iii) provide for a level of fares or charges and | ||
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(iv) be based upon and employ assumptions and | ||
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(v) have been prepared in accordance with sound | ||
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(vi) meet such other uniform financial, budgetary, or | ||
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(vii) be consistent with the goals and objectives | ||
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(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
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(70 ILCS 3615/3A.11) (from Ch. 111 2/3, par. 703A.11)
Sec. 3A.11. Citizens Advisory Board. The Suburban Bus Board shall establish
a citizens advisory board composed of 10 residents of those portions of
the metropolitan region in which the Suburban Bus Board provides service
who have an interest in public transportation. The members of the advisory
board shall be named for 2 year terms, shall select one of their members
to serve as chairman and shall serve without compensation. The citizens
advisory board shall meet with the Suburban Bus Board at least quarterly
and advise the Suburban Bus Board of the impact of its policies and programs
on the communities it serves. Appointments to the citizens advisory board should, to the greatest extent possible, reflect the ethnic, cultural, and geographic diversity of all persons residing within the Suburban Bus Board's jurisdiction.
(Source: P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/3A.12) (from Ch. 111 2/3, par. 703A.12)
Sec. 3A.12. Working Cash Borrowing. The Suburban Bus Board with the
affirmative vote of 9 of its Directors may demand and direct the Board of
the Authority to issue Working Cash Notes at such time and in such amounts
and having such maturities as the Suburban Bus Board deems proper, provided
however any such borrowing shall have been specifically identified in the
budget of the Suburban Bus Board as approved by the Board of the Authority.
Provided further, that the Suburban Bus Board may not demand and direct
the Board of the Authority to have issued and have outstanding at any time
in excess of $5,000,000 in Working
Cash Notes.
(Source: P.A. 95-906, eff. 8-26-08.)
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(70 ILCS 3615/3A.13) (from Ch. 111 2/3, par. 703A.13)
Sec. 3A.13.
Regions.
For purposes of this Article Regions are defined as follows:
(1) The North Shore Region includes all the territory, municipalities
and unincorporated areas of the County of Cook, State of Illinois, bounded
by: Lake Michigan from the Cook-Lake County line southerly to the north
corporate limit of the City of Chicago; the north corporate limits of the
City of Chicago from Lake Michigan westerly to the east corporate limit
of the Village of Niles; the east corporate limits of the Village of Niles
from a point where the east
corporate limit of the Village of Niles meets both the south corporate limit
of the Village of Skokie and the north corporate limit of the City of Chicago
to the point where the north corporate limit of the Village of Niles crosses
the center of the right-of-way of Illinois Route 21 (Milwaukee Avenue);
the center of the right-of-way of Illinois Route 21 (Milwaukee Avenue) to
the point where the center of the right-of-way of Illinois Route 21 (Milwaukee
Avenue) meets the centerline of Interstate Route 294 (Tri-State Tollway);
the center line of Interstate Route 294 (Tri-State Tollway) from the center
of the right-of-way of Illinois Route 21 (Milwaukee Avenue) to the Cook-Lake
County line; and the Cook-Lake County line from the centerline of Interstate
Route 294 (Tri-State Tollway) to Lake Michigan.
(2) The Northwest Region includes all the territory, municipalities and
unincorporated areas of the County of Cook, State of Illinois, bounded by:
the centerline of Interstate Route 294 (Tri-State Tollway), from the Cook-Lake
County line southerly to the point where the centerline of Interstate Route
294 (Tri-State Tollway) meets the center of the right-of-way of Illinois
Route 21 (Milwaukee Avenue); the center of the right-of-way of Illinois
Route 21 (Milwaukee Avenue) from the centerline of Interstate Route 294
(Tri-State Tollway) to the north corporate limit of the Village of Niles;
the north corporate limits of the Village of Niles, from the center of the
right-of-way of Illinois Route 21 (Milwaukee
Avenue) to the east corporate limit of the Village of Niles; the east corporate
limits of the Village of Niles from the north corporate limit of the Village
of Niles to the point where the east corporate limit of the Village of Niles
meets both the south corporate limit of the Village of Skokie and the north
corporate limit of the City of Chicago; the south corporate limits of the
Village of Niles from a point where the south corporate limit of the Village
of Niles meets both the north corporate limit of the City of Chicago and
the south corporate limit of the Village of Skokie westerly to the east
corporate limit of the City of Park Ridge, southerly along the east corporate
limits of the City of Park Ridge to the centerline of Higgins Road, westerly
along the center of the right-of-way of Higgins Road to the east corporate
limit of the Village of Rosemont, northerly to the south corporate limit
of the City of Des Plaines, westerly and northerly along the north and east
corporate limits of the Village of Rosemont to the west corporate limit of the Village
of Rosemont, southerly along the west corporate limit of the City of Chicago,
westerly along the north corporate limit of the City of Chicago to the east
corporate limit of the Village of Elk Grove Village, southerly along the
east corporate limit of the Village of Elk Grove Village to the Cook-DuPage
County line, and westerly along the Cook-DuPage County line to the Cook-Kane
County line; the Cook-Kane County line from the Cook-DuPage County line
to the Cook-McHenry County line; the Cook-McHenry County line, from the
Cook-Kane County line to the Cook-Lake
County line; and the Cook-Lake County line from the Cook-McHenry County
line to the centerline of Interstate Route 294 (Tri-State Tollway).
(3) The North Central Region includes all the territory, municipalities
and unincorporated areas of the County of Cook, State of Illinois, bounded
by: the west corporate limits of the City of Chicago from the north corporate
limit of the Village of Schiller Park southerly to the south corporate limit
of the City of Oak Park; the north and west corporate limits of the City
of Berwyn from the west corporate limit of the City of Chicago westerly
and southerly to the south corporate limit of the Village of North Riverside,
the south corporate limits of the
Village of North Riverside from the west corporate limit of the City of
Berwyn westerly to the center of Salt Creek, the center of Salt Creek from
the south corporate limit of the Village of North Riverside westerly to
the east corporate limit of the Village of Westchester, the east and south
corporate limits of the Village of Westchester from the center of Salt Creek
to the west corporate limit of the Village of LaGrange Park, the west corporate
limits of LaGrange Park from the south corporate limit of the Village of
Westchester to the center of Salt Creek, the center of Salt Creek from the
west corporate limit of the Village of LaGrange Park to the Cook-DuPage County
line; the Cook-DuPage County line from the center of Salt Creek northerly
to the south corporate limit of the City of Chicago; the south corporate
limits of the City of Chicago from the Cook-DuPage County line northeasterly
to the north corporate limit of the Village of Schiller Park; and the north
corporate limit of the Village of Schiller Park from the south corporate
limit of the City of Chicago to the east corporate limit of the Village
of Schiller Park. Also included in the North Central Region are the territories
within the corporate limits of the Village of Rosemont, the Village of Norridge,
the Village of Harwood
Heights and the unincorporated areas of Norwood Park Township.
(4) The Central Region includes all the territory, municipalities and
unincorporated areas of the County of Cook, State of Illinois, bounded by:
the west corporate limits of the City of Chicago from the corporate limit
of the City of Chicago at Roosevelt Road southerly to the north corporate
limit of the Village of Bedford Park; the north and west corporate limits
of the Village of Bedford Park from the west corporate limit of the City
of Chicago westerly and southerly to the north corporate limit of the Village
of Justice; the west corporate limits of the Village of Justice from the
south corporate limit of the Village of Bedford Park southerly to the north
corporate limit of the Village of Willow Springs; the west and north corporate
limits of the Village of Willow Springs southerly and westerly to the west
corporate limit of the Village of Willow Springs (near the intersection
of 79th Street and Howard Street); the center of the right-of-way of 79th
Street from the west corporate limit of the Village of Willow Springs westerly
to the Cook-DuPage County line; the Cook-DuPage County line from the center
of the right-of-way of
79th Street northerly to the center of Salt Creek; the center of Salt Creek
from the Cook-DuPage County line easterly to the west corporate limit of
the Village of LaGrange Park; the west corporate limits of the Village of
LaGrange Park from the center of Salt Creek northerly to the south corporate
limit of the Village of Westchester; the south and east corporate limits
of the Village of Westchester from the west corporate limit
of the Village of LaGrange Park easterly and northerly to the center of Salt
Creek; the center of Salt Creek from the east corporate limit of the Village
of Westchester easterly to the north corporate limit of the Village of Brookfield;
the north and east corporate limits of the Village of Brookfield from the
center of Salt Creek easterly and southerly to the north corporate limit
of the Village of Riverside; the north and west corporate limits of the
Village of Riverside from the east corporate limit of the Village of Brookfield
easterly and northerly to the west corporate limit of the City of Berwyn;
the west and north corporate limits of the City of Berwyn from the south
corporate limit of the Village of North Riverside northerly and easterly
to the west corporate limit of the Town of Cicero; and the north corporate
limits of the Town of Cicero from the east corporate limit of the City of
Berwyn easterly to the west corporate limit of the City of Chicago.
Notwithstanding any provision of this Act to the contrary, the Village of
Willow Springs is included
in the Central Region as of the effective date of this amendatory Act of the
93rd General
Assembly.
(5) The Southwest Region includes all the territory, municipalities and
unincorporated areas of the County of Cook, State of Illinois, bounded by:
the west corporate limits of the City of Chicago from the north corporate
limit of the Village of Bedford Park (at Illinois 50-Cicero Avenue) southerly
to the north corporate limit of the City of Blue Island (at Maplewood Street);
the north and west corporate limits of the City of Blue Island from the
west corporate limit of the City of Chicago (at Maplewood Street) westerly and
southerly to the east corporate limit of the Village of Robbins; the north
and west corporate limits of the Village of Robbins from the west corporate
limit of the City of Blue Island westerly and southerly to the north corporate
limit of the Village Midlothian; the north and west corporate limits of
the Village of Midlothian from the west corporate limit of the Village of
Robbins westerly and southerly to the north corporate limits of the Village
of Oak Forest; the north and west corporate limits of the Village of Oak
Forest from the west corporate limit of the Village of Midlothian westerly
and southerly to the north corporate limit of the Village of Tinley Park;
the north and west corporate limits of the Village of Tinley Park from the
west corporate limit of the Village of Oak Forest westerly and southerly
to the Cook-Will County line; the Cook-Will County line from the west corporate
limit of the Village of Tinley Park westerly to the Norfolk and Western
Railroad tracks; the Cook-Will County line from the
Norfolk and Western Railroad tracks northerly and westerly to the Cook-DuPage County
line; the Cook-DuPage County line from the Cook-Will County line to the
center of the right-of-way of 79th Street; the center of the right-of-way
of 79th Street from the Cook-DuPage County line easterly to the west corporate
limit of the Village of Willow Springs; the north and west corporate limits
of the Village of Willow Springs from the center of the right-of-way of
79th Street easterly and northerly to the south corporate limit of the Village
of Hodgkins; the south and east corporate limits of the Village of Hodgkins
from the north corporate limit of the Village of Willow Springs northeasterly
to the south corporate limit of the Village of Bedford Park; and the west
and north corporate limits of the Village of Bedford Park from the north
corporate limit of the Village of Justice northerly and easterly to the
west corporate limit of the City of Chicago (at Illinois Route 50-Cicero Avenue).
Notwithstanding any provision of this Act to the contrary, the Village of
Willow Springs is excluded
from the Southwest Region as of the effective date of this amendatory Act of
the 93rd General
Assembly.
(6) The South Region includes all the territory, municipalities and
unincorporated
areas of the County of Cook, State of Illinois, bounded by: the
Illinois-Indiana
State line from the south corporate limit of the City of Chicago southerly
to the Cook-Will County line; the Cook-Will County line from the
Illinois-Indiana
State line westerly and northerly to the west corporate limit of the Village
of Tinley Park; the west and north corporate limits of the Village of Tinley
Park from the Cook-Will County line northerly and easterly to the
west corporate limit of the Village of Oak Forest; the west and north
corporate limits of the Village of Oak Forest from the north corporate limit
of the Village of Tinley Park northerly and easterly to the west corporate
limit of the Village of Midlothian; the west and north corporate limits
of the Village of Midlothian from the north corporate limit of the Village
of Oak Forest northerly and easterly to the west corporate limit of the
Village of Robbins; the west and north corporate limits of the Village of
Robbins from the north corporate limit of the Village of Midlothian northerly
and easterly to the west corporate limit of the City of Blue Island; the
west and north corporate limits of the City of Blue Island from the north
corporate limit of the Village of Robbins northerly and easterly to the west corporate
limit of the City of Chicago (at Maplewood Street); and the south corporate
limits of the City of Chicago from the west corporate limit of the City
of Chicago (at Maplewood Street) to the Illinois-Indiana State line.
(Source: P.A. 93-158, eff. 7-10-03.)
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(70 ILCS 3615/3A.14) (from Ch. 111 2/3, par. 703A.14)
Sec. 3A.14. Labor. (a) The provisions of this Section apply to collective
bargaining agreements (including extensions and amendments of existing agreements)
entered into on or after January 1, 1984.
(b) The Suburban Bus Board
shall deal with and enter into written contracts with their employees, through
accredited representatives of such employees authorized to act for such
employees concerning wages, salaries, hours, working conditions, and pension
or retirement provisions about which a collective bargaining agreement has
been entered prior to the effective date of this amendatory Act of 1983.
Any such agreement of the Suburban Bus Board shall provide that the agreement
may be reopened if the amended budget submitted pursuant to Section 2.18a
of this Act is not approved by the Board of the Authority.
The agreement may not include a provision requiring the payment of wage
increases based on changes in the Consumer Price Index.
The Suburban Bus Board shall not have the
authority to enter collective bargaining agreements with respect to inherent
management rights, which include such areas of discretion or policy as the
functions of the employer, standards of services, its overall budget, the
organizational structure and selection of new employees and direction of
personnel. Employers, however, shall be required to bargain collectively
with regard to policy matters directly affecting wages, hours and terms
and conditions of employment, as well as the impact thereon, upon request
by employee representatives. To preserve the rights of employers and exclusive
representatives which have established collective bargaining relationships
or negotiated collective bargaining agreements prior to the effective date
of this amendatory Act of 1983, employers shall be required to bargain collectively
with regard to any matter concerning wages, hours or conditions of employment
about which they have bargained prior to the effective date of this amendatory
Act of 1983.
(c) The collective bargaining agreement may not include a prohibition on
the use of part-time operators on any service operated by
the Suburban Bus Board except where prohibited by federal law.
(d) Within 30 days of the signing of any such collective bargaining agreement,
the Suburban Bus Board shall determine the costs of each provision of the
agreement, prepare an amended budget incorporating the costs of the agreement,
and present the amended budget
to the Board of the Authority for its approval under Section 4.11. The
Board may approve the amended budget by an affirmative vote of 12
of its
then Directors. If the budget is not approved by the Board of the Authority,
the agreement may be reopened and its terms may be renegotiated. Any amended
budget which may be prepared
following renegotiation shall be presented to the Board of the Authority
for its approval in like manner.
(Source: P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/3A.15) Sec. 3A.15. Free services; eligibility. (a) Notwithstanding any law to the contrary, no later than 60 days following the effective date of this amendatory Act of the 95th General Assembly and until subsection (b) is implemented, any fixed route public transportation services provided by, or under grant or purchase of service contracts of, the Suburban Bus Board shall be provided without charge to all senior citizens of the Metropolitan Region aged 65 and older, under such conditions as shall be prescribed by the Suburban Bus Board. (b) Notwithstanding any law to the contrary, no later than 180 days following the effective date of this amendatory Act of the 96th General Assembly, any fixed route public transportation services provided by, or under grant or purchase of service contracts of, the Suburban Bus Board shall be provided without charge to senior citizens aged 65 and older who meet the income eligibility limitation set forth in subsection (a-5) of Section 4 of the Senior Citizens and Persons with Disabilities Property Tax Relief Act, under such conditions as shall be prescribed by the Suburban Bus Board. The Department on Aging shall furnish all information reasonably necessary to determine eligibility, including updated lists of individuals who are eligible for services without charge under this Section. After an initial eligibility determination is made, an individual's eligibility for free services shall automatically renew every 5 years after receipt by the Authority of a copy of the individual's government-issued identification card validating Illinois residency. Nothing in this Section shall relieve the Suburban Bus Board from providing reduced fares as may be required by federal law.
(Source: P.A. 103-241, eff. 1-1-24.) |
(70 ILCS 3615/3A.16) Sec. 3A.16. Transit services for individuals with disabilities. Notwithstanding any law to the contrary, no later than 60 days following the effective date of this amendatory Act of the 95th General Assembly, all fixed route public transportation services provided by, or under grant or purchase of service contract of, the Suburban Bus Board shall be provided without charge to all persons with disabilities who meet the income eligibility limitation set forth in subsection (a-5) of Section 4 of the Senior Citizens and Persons with Disabilities Property Tax Relief Act, under such procedures as shall be prescribed by the Board. The Department on Aging shall furnish all information reasonably necessary to determine eligibility, including updated lists of individuals who are eligible for services without charge under this Section. After an initial eligibility determination is made, an individual's eligibility for free services shall automatically renew every 5 years after receipt by the Authority of a copy of the individual's government-issued identification card validating Illinois residency. Individuals who have not submitted an Illinois Persons with a Disability Identification Card to the Authority shall also submit a document verifying the individual's disability.
(Source: P.A. 103-241, eff. 1-1-24.) |
(70 ILCS 3615/3A.17)
Sec. 3A.17. Emergency protocols. Within 6 months after the effective date of this amendatory Act of the 96th General Assembly, the Suburban Bus Board must develop written protocols to respond to medical and sanitation emergencies and to other safety hazards.
(Source: P.A. 96-677, eff. 8-25-09.) |
(70 ILCS 3615/3A.18) Sec. 3A.18. Employment contracts. Except as otherwise provided in Section 3A.14, before the Suburban Bus Board may enter into or amend any employment contract in excess of $100,000, the Suburban Bus Board must submit that contract or amendment to the Board for review for a period of 14 days. After 14 days, the contract shall be considered reviewed. This Section applies only to contracts entered into or amended on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-1027, eff. 1-1-15.) |
(70 ILCS 3615/Art. III-B heading) ARTICLE III-B
COMMUTER RAIL DIVISION
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(70 ILCS 3615/3B.01) (from Ch. 111 2/3, par. 703B.01)
Sec. 3B.01.
Commuter Rail Division.
There is established within the Authority the
Commuter Rail Division as the operating division responsible for providing
public transportation by commuter rail.
Purchase of service agreements between a transportation agency and the
Authority in effect on the effective date of this amendatory Act shall
remain in full force and effect in accordance with the terms of such
agreement. Such agreements shall first be the responsibility of the
Transition Board and, on the date of its creation, shall become the
responsibility of the Commuter Rail Division and its Board.
(Source: P.A. 83-885; 83-886.)
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(70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02)
Sec. 3B.02. Commuter Rail Board. (a) Until April 1, 2008, the
governing body of the Commuter
Rail Division shall be a board consisting of 7 directors appointed pursuant
to Sections 3B.03 and 3B.04, as follows:
(1) One director shall be appointed by the Chairman | ||
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(2) Two directors appointed by the Chairmen of the | ||
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(3) Three directors appointed by the members of the | ||
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(4) One director appointed by the Mayor of the City | ||
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(5) The chairman shall be appointed by the directors, | ||
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(b) After April 1, 2008 the governing body of the Commuter Rail Division shall be a board consisting of 11 directors appointed, pursuant to Sections 3B.03 and 3B.04, as follows:
(1) One Director shall be appointed by the Chairman | ||
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(2) One Director shall be appointed by the Chairman | ||
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(3) One Director shall be appointed by the Will | ||
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(4) One Director shall be appointed by the Chairman | ||
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(5) One Director shall be appointed by the Chairman | ||
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(6) One Director shall be appointed by the Mayor of | ||
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(7) Five Directors residing in Cook County outside of | ||
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(i) One Director who resides in Cook County | ||
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(ii) One Director who resides in the township of | ||
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(iii) One Director who resides in the township of | ||
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(iv) One Director who resides in the township of | ||
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(v) One Director who resides in the township of | ||
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(vi) The Directors identified under the | ||
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(8) The Chairman shall be appointed by the Directors, | ||
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(c) No director, while serving as such, shall be an officer, a member of the
board of directors or trustee or an employee of any transportation agency,
or be an employee of the State of Illinois or any department or agency thereof,
or of any county, municipality, or any other unit of local government or receive any compensation from any
elected or appointed office under the Constitution and laws of Illinois.
(d) Each appointment made under subsections (a) and (b) of this Section
and under Section
3B.03 shall be certified by the appointing authority to the Commuter Rail Board
which shall maintain the certifications as part of the official records
of the Commuter Rail Board.
(Source: P.A. 98-709, eff. 7-16-14.)
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(70 ILCS 3615/3B.03) (from Ch. 111 2/3, par. 703B.03)
Sec. 3B.03. Terms, Vacancies. Each
director shall be appointed
for a term of 4 years, and until his successor has been appointed and
qualified. A vacancy shall occur upon the resignation, death, conviction
of a felony, or removal from office of a director. Any director may be
removed from office (i) upon the concurrence of not less than 8 directors, on
a formal finding of incompetence, neglect of duty, or malfeasance in office or (ii) by the Governor in response to a summary report received from the Executive Inspector General in accordance with Section 20-50 of the State Officials and Employees Ethics Act, provided he or she has an opportunity to be publicly heard in person or by counsel prior to removal.
Within 30 days after the office of any director becomes vacant for any reason,
the appropriate appointing authorities of such director, as provided
in Section 3B.02, shall make an appointment to
fill the vacancy. A vacancy shall be filled for the unexpired term.
(Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)
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(70 ILCS 3615/3B.04) (from Ch. 111 2/3, par. 703B.04)
Sec. 3B.04.
Chairman and Other Officers.
The Chairman shall preside at
meetings of the Commuter Rail Board and shall be entitled to vote on all
matters. The Commuter Rail Board shall select a Secretary and a Treasurer
and may select persons to fill such other offices of the Division and to
perform such duties as it shall from time to time determine. The Secretary,
Treasurer and other officers of the Division may but need not be members
of the Commuter Rail Board.
(Source: P.A. 83-886.)
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(70 ILCS 3615/3B.05) (from Ch. 111 2/3, par. 703B.05)
Sec. 3B.05. Appointment of officers and employees. The Commuter Rail
Board shall appoint an Executive Director who shall
be the chief executive officer of the Division, appointed, retained or dismissed
with the concurrence of 8
of the directors of the Commuter Rail Board.
The Executive Director shall appoint, retain and employ officers, attorneys,
agents, engineers, employees and shall organize the staff, shall allocate
their functions and duties, fix compensation and conditions of employment,
and consistent with the policies
of and direction from the Commuter Rail Board take all actions necessary
to achieve its purposes, fulfill its responsibilities and carry out its
powers, and shall have
such other powers and responsibilities as the Commuter Rail Board shall
determine. The Executive Director shall be an individual of proven transportation
and management skills and may not be a member of the Commuter Rail Board.
The Division may employ its own professional management personnel to provide
professional and technical expertise concerning its purposes and powers
and to assist it in assessing the performance of transportation agencies
in the metropolitan region.
No employee, officer, or agent of the Commuter Rail Board may receive a bonus that exceeds 10% of his or her annual salary unless that bonus has been reviewed by the Regional Transportation Authority Board for a period of 14 days. After 14 days, the contract shall be considered reviewed. This Section does not apply to usual and customary salary adjustments. No unlawful discrimination, as defined and prohibited in the Illinois Human
Rights Act, shall be made in any term or aspect of employment nor shall
there be discrimination based upon political reasons or factors. The Commuter
Rail Board shall establish regulations to insure that its discharges shall
not be arbitrary and that hiring and promotion are based on merit.
The Division shall be subject to the "Illinois Human Rights Act", as now
or hereafter amended, and the remedies and procedure established thereunder.
The Commuter Rail Board shall file an affirmative action program for employment
by it with the Department of Human Rights to ensure that applicants are
employed and that employees are treated during employment, without regard
to unlawful discrimination. Such affirmative action program shall include
provisions relating to hiring, upgrading, demotion, transfer, recruitment,
recruitment advertising, selection for training and rates of pay or other
forms of compensation.
(Source: P.A. 98-1027, eff. 1-1-15.)
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(70 ILCS 3615/3B.06) (from Ch. 111 2/3, par. 703B.06)
Sec. 3B.06.
Compensation.
The Chairman of the Commuter Rail Board
shall receive an annual salary of $25,000. Other members of the Commuter
Rail Board shall receive an annual salary of $15,000. Each member shall be
reimbursed for actual expenses incurred in the performance of his duties.
Officers of the Division shall not be required to comply with the
requirements of "An Act requiring certain custodians of public monies to
file and publish statements of the receipts and disbursements thereof",
approved June 24, 1919, as now or hereafter amended.
(Source: P.A. 83-1156.)
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(70 ILCS 3615/3B.07) (from Ch. 111 2/3, par. 703B.07)
Sec. 3B.07. Meetings. The Commuter Rail Board shall prescribe the times
and places for meetings and the manner in which special meetings may be
called. The Commuter Rail Board shall comply in all respects with the "Open
Meetings Act", as now or hereafter amended. All records, documents and
papers of the Commuter Rail Division, other than those relating to matters
concerning which closed sessions of the Commuter Rail Board may be held,
shall be available for public examination, subject to such reasonable regulations
as the board may adopt.
A majority of the members shall constitute a quorum for the conduct of
business. The affirmative votes of at least 6
members shall be necessary
for any action required by this Act to be taken by ordinance.
Open meetings of the Board shall be broadcast to the public and maintained in real-time on the Board's website using a high-speed Internet connection. Recordings of each meeting broadcast shall be posted to the Board's website within a reasonable time after the meeting and shall be maintained as public records to the extent practicable, as determined by the Board. Compliance with the provisions of this amendatory Act of the 98th General Assembly does not relieve the Board of its obligations under the Open Meetings Act. (Source: P.A. 98-1139, eff. 6-1-15.)
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(70 ILCS 3615/3B.08) (from Ch. 111 2/3, par. 703B.08)
Sec. 3B.08.
Jurisdiction.
Any public transportation within the metropolitan
region outside of the City of Chicago by commuter rail and within the City
of Chicago, public transportation by commuter rail along the line or route
provided on the effective date of this
amendatory Act of 1983 by the Burlington Northern Inc., the Chicago, Milwaukee,
St. Paul, and Pacific Railroad Company, the Illinois Central Gulf Railroad
Company, the Norfolk & Western Railway, the Chicago, Rock Island & Pacific
Railroad Company, the Chicago and North Western Railroad Company, the Chicago
South Shore and South Bend Railroad and the Authority, or their respective successors,
other than public transportation provided by the Chicago Transit
Authority, shall be subject to the jurisdiction of the Commuter Rail Board.
(Source: P.A. 83-885; 83-886.)
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(70 ILCS 3615/3B.09) (from Ch. 111 2/3, par. 703B.09)
Sec. 3B.09. General Powers. In addition to any powers elsewhere provided
to the Commuter Rail Board, it shall have all of the powers specified in
Section 2.20 of this Act except for the powers specified in Section 2.20(a)(v).
The Board shall also have the power:
(a) to cooperate with the Regional Transportation Authority in the
exercise by the Regional Transportation Authority of all the powers granted
it by such Act;
(b) to receive funds from the Regional Transportation Authority
pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
4.10 of the "Regional Transportation Authority Act", all as provided in the
"Regional Transportation Authority Act";
(c) to receive financial grants from the Regional Transportation
Authority or a Service Board, as defined in the "Regional Transportation
Authority Act", upon such terms and conditions as shall be set forth in a
grant contract between either the Division and the Regional Transportation
Authority or the Division and another Service Board, which contract or
agreement may be for such number of years or duration as the parties may
agree, all as provided in the "Regional Transportation Authority Act"; and
(d) to borrow money for the purpose of acquiring, constructing, reconstructing, extending, or improving any Public Transportation Facilities (as defined in Section 1.03 of the Regional Transportation Authority Act) operated by or to be operated by or on behalf of the Commuter Rail Division. For the purpose of evidencing the obligation of the Commuter Rail Board to repay any money borrowed as provided in this subsection, the Commuter Rail Board may issue revenue bonds from time to time pursuant to ordinance adopted by the Commuter Rail Board, subject to the approval of the Regional Transportation Authority of each such issuance by the affirmative vote of 12 of its then Directors; provided that the Commuter Rail Board may not issue bonds for the purpose of financing the acquisition, construction, or improvement of a corporate headquarters building. All such bonds shall be payable solely from the revenues or income or any other funds that the Commuter Rail Board may receive, provided that the Commuter Rail Board may not pledge as security for such bonds the moneys, if any, that the Commuter Rail Board receives from the Regional Transportation Authority pursuant to Section 4.03.3(f) of the Regional Transportation Authority Act. The bonds shall bear interest at a rate not to exceed the maximum rate authorized by the Bond Authorization Act and shall mature at such time or times not exceeding 25 years from their respective dates. Bonds issued pursuant to this paragraph must be issued with scheduled principal or mandatory redemption payments in equal amounts in each fiscal year over the term of the bonds, with the first principal or mandatory redemption payment scheduled within the fiscal year in which bonds are issued or within the next succeeding fiscal year. At least 25%, based on total principal amount, of all bonds authorized pursuant to this Section shall be sold pursuant to notice of sale and public bid. No more than 75%, based on total principal amount, of all bonds authorized pursuant to this Section shall be sold by negotiated sale. The maximum principal amount of the bonds that may be issued and outstanding at any time may not exceed $1,000,000,000. The bonds shall have all the qualities of negotiable instruments under the laws of this State. To secure the payment of any or all of such bonds and for the purpose of setting forth the covenants and undertakings of the Commuter Rail Board in connection with the issuance thereof and the issuance of any additional bonds payable from such revenue or income as well as the use and application of the revenue or income received by the Commuter Rail Board, the Commuter Rail Board may execute and deliver a trust agreement or agreements; provided that no lien upon any physical property of the Commuter Rail Board shall be created thereby. A remedy for any breach or default of the terms of any such trust agreement by the Commuter Rail Board may be by mandamus proceedings in any court of competent jurisdiction to compel performance and compliance therewith, but the trust agreement may prescribe by whom or on whose behalf such action may be instituted. Under no circumstances shall any bonds issued by the Commuter Rail Board or any other obligation of the Commuter Rail Board in connection with the issuance of such bonds be or become an indebtedness or obligation of the State of Illinois, the Regional Transportation Authority, or any other political subdivision of or municipality within the State, nor shall any such bonds or obligations be or become an indebtedness of the Commuter Rail Board within the purview of any constitutional limitation or provision, and it shall be plainly stated on the face of each bond that it does not constitute such an indebtedness or obligation but is payable solely from the revenues or income as aforesaid.
(Source: P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/3B.09a)
Sec. 3B.09a.
Bicycles on commuter rail trains.
Effective July 1, 1999 and
after first adopting an ordinance imposing terms and conditions designed to
protect the safety and convenience of passengers, the Commuter Rail Board
may
allow bicycles to be transported on commuter rail trains. A
reasonable fare increase may be charged to those passengers with bicycles.
(Source: P.A. 90-45, eff. 1-1-98.)
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(70 ILCS 3615/3B.09b) Sec. 3B.09b. Payment of fares by credit card. (a) By February 28, 2010, the Commuter Rail Board shall allow passengers to purchase fares by credit card (i) through an Internet website operated by the Board, (ii) at its LaSalle Street Station, Union Station, Ogilvie Transportation Center, and Millennium Station, (iii) at stations with agents, and (iv) from vending machines capable of providing fares by credit card at the 14 largest stations on the Metra Electric Line. (b) The Board may not require a passenger who chooses to purchase a fare by credit card to pay an additional fee.
(Source: P.A. 98-756, eff. 7-16-14.) |
(70 ILCS 3615/3B.09c) Sec. 3B.09c. Regulation of the use, operation, and maintenance of property. The Chief of Police of the Metra Police Department may make rules and regulations proper or necessary to regulate the use, operation, and maintenance of the property and facilities of the Commuter Rail Board and to carry into effect the powers granted to the Chief by the Commuter Rail Board, with any necessary fines or penalties, such as the suspension of riding privileges or confiscation of fare media under Section 2.40, that the Chief deems proper.(Source: P.A. 103-281, eff. 1-1-24.) |
(70 ILCS 3615/3B.10) (from Ch. 111 2/3, par. 703B.10)
Sec. 3B.10. Budget and Program. The Commuter Rail Board, subject to
the powers of the Authority in Section 4.11, shall control the finances
of the Division. It shall by ordinance appropriate money to perform the
Division's purposes and provide for payment of debts and expenses of the
Division. Each year the Commuter Rail Board shall prepare and publish a
comprehensive annual budget and proposed five-year capital
program document, and a financial plan for
the two years thereafter describing the state of the Division and presenting
for the forthcoming fiscal year and the two following years the Commuter
Rail Board's plans for such operations and capital expenditures as the Commuter
Rail Board intends to undertake and the means by which it intends to finance
them. The proposed budget,
financial plan, and five-year capital program shall be based on the Authority's
estimate of funds to be made available to the Commuter Rail Board by or through
the Authority and shall conform in all respects to the requirements established
by the Authority. The proposed budget, financial plan, and five-year capital program shall contain a statement
of the funds estimated to be on hand at the beginning of the fiscal year,
the funds estimated to be received from all sources for such year and the
funds estimated to be on hand at the end of such year.
The fiscal year of the Division shall be the same as the fiscal
year of the Authority. Before the proposed budget,
financial
plan, and five-year capital program are submitted to the Authority, the Commuter Rail Board shall hold
at least one public hearing thereon in each of the counties in the metropolitan
region in which the Division provides service. The Commuter Rail Board
shall hold at least one meeting for consideration of the proposed budget, financial plan, and five-year capital plan with the county board of each of the several counties in the
metropolitan region in which the Division provides service. After conducting
such hearings and holding such meetings and after making such changes in
the proposed budget, financial plan, and five-year capital plan
as the Commuter Rail Board deems appropriate,
the board shall adopt its annual budget ordinance at least by November 15 next
preceding
the beginning of each fiscal year. The budget,
financial
plan, and five-year capital program
shall then be submitted to the Authority as provided in Section 4.11.
In the event that the Board of the Authority determines that the budget
and program, and financial plan do not meet the standards of Section 4.11,
the Commuter Rail Board shall make such changes as are necessary to meet
such requirements and adopt an amended budget ordinance. The amended budget
ordinance shall be resubmitted to the Authority pursuant to Section 4.11. The ordinance
shall appropriate such sums of money as are deemed necessary to defray all
necessary expenses and obligations of the Division, specifying purposes
and the objects or programs for which appropriations are made and the amount
appropriated for each object or program. Additional appropriations, transfers
between items and other changes in such ordinance which do not alter the
basis upon which the balanced budget determination was made by the Board
of the Authority may be made from time to time by the Commuter Rail Board.
The budget shall:
(i) show a balance between (A) anticipated revenues | ||
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(ii) show cash balances including the proceeds of any | ||
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(iii) provide for a level of fares or charges for the | ||
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(iv) be based upon and employ assumptions and | ||
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(v) have been prepared in accordance with sound | ||
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(vi) meet such other uniform financial, budgetary, or | ||
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(vii) be consistent with the goals and objectives | ||
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(Source: P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/3B.11) (from Ch. 111 2/3, par. 703B.11)
Sec. 3B.11. Citizens Advisory Board. The Commuter Rail Board shall
establish a citizens advisory board composed of ten residents of those portions
of the metropolitan region in which the Commuter Rail Board provides service
who have an interest in public transportation. The members of the advisory
board shall be named for two year terms, shall select one of their members
to serve as chairman and shall serve without compensation. The citizens
advisory board shall meet with the Commuter Rail Board at least quarterly
and advise the Commuter Rail Board of the impact of its policies and programs
on the communities it serves. Appointments to the citizens advisory board should, to the greatest extent possible, reflect the ethnic, cultural, and geographic diversity of all persons residing within the Commuter Rail Division's jurisdiction.
(Source: P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/3B.12) (from Ch. 111 2/3, par. 703B.12)
Sec. 3B.12. Working Cash Borrowing. The Commuter Rail Board with the
affirmative vote of 7
of its Directors may demand and direct the Board
of the Authority to issue Working Cash Notes at such time and in such amounts
and having such maturities as the Commuter Rail Board deems proper, provided
however any such borrowing shall have been specifically identified in the
budget of the Commuter Rail Board as approved by the Board of the Authority.
Provided further, that the Commuter Rail Board may not demand and direct the Board
of the Authority to have issued and have outstanding at any time in excess of
$20,000,000 in Working Cash Notes.
(Source: P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/3B.13) (from Ch. 111 2/3, par. 703B.13)
Sec. 3B.13. Labor. (a) The provisions of this Section apply to collective
bargaining agreements (including extensions and amendments of existing
agreements) entered into on or after January 1, 1984. This Section does not
apply to collective bargaining agreements that are subject to the
provisions of the Railway Labor Act, as now or hereafter amended.
(b) The Commuter Rail Board shall deal with and enter into written
contracts with their employees, through accredited representatives of such
employees authorized to act for such employees concerning wages, salaries,
hours, working conditions,
and pension or retirement provisions about which a collective bargaining
agreement has been entered prior to the effective date of this amendatory
Act of 1983. Any such agreement of the Commuter Rail Board shall provide
that the agreement may be reopened if the amended budget submitted pursuant
to Section 2.18a of this Act is not approved by the Board of the Authority.
The agreement may not include a provision requiring the payment of wage
increases based on changes in the Consumer Price Index.
The Commuter Rail Board shall not have the authority to enter collective
bargaining agreements with respect to inherent management rights which include
such areas of discretion or policy as the functions of the employer, standards
of services, its overall budget, the organizational structure and selection
of new employees and direction of personnel. Employers, however, shall
be required to bargain collectively with regard to policy matters directly
affecting wages, hours and terms and conditions of employment, as well as
the impact thereon, upon request by employee representatives. To preserve
the rights of the Commuter Rail Board and exclusive representatives which
have established collective bargaining relationships or negotiated
collective bargaining agreements prior to the effective date of this
amendatory Act of 1983, the Commuter Rail Board shall be required to
bargain collectively with regard to any matter concerning wages, hours or
conditions of employment about which they have bargained prior to the
effective date of this amendatory Act of 1983.
(c) The collective bargaining agreement may not include a prohibition
on the use of part-time operators on any service operated by the Commuter
Rail Board except where prohibited by federal law.
(d) Within 30 days of the signing of any such collective bargaining
agreement, the Commuter Rail Board shall determine the costs of each
provision of the agreement, prepare an amended budget incorporating the
costs of the agreement, and present the amended budget to the Board of the
Authority for its approval under Section 4.11. The Board may approve the
amended budget by an affirmative vote of 12
of its then Directors. If the
budget is not approved by the Board of the Authority, the agreement may be
reopened and its terms may be renegotiated. Any amended budget which may be
prepared following renegotiation shall be presented to the Board of the
Authority for its approval in like manner.
(Source: P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/3B.14) Sec. 3B.14. Free services; eligibility. (a) Notwithstanding any law to the contrary, no later than 60 days following the effective date of this amendatory Act of the 95th General Assembly and until subsection (b) is implemented, any fixed route public transportation services provided by, or under grant or purchase of service contracts of, the Commuter Rail Board shall be provided without charge to all senior citizens of the Metropolitan Region aged 65 and older, under such conditions as shall be prescribed by the Commuter Rail Board. (b) Notwithstanding any law to the contrary, no later than 180 days following the effective date of this amendatory Act of the 96th General Assembly, any fixed route public transportation services provided by, or under grant or purchase of service contracts of, the Commuter Rail Board shall be provided without charge to senior citizens aged 65 and older who meet the income eligibility limitation set forth in subsection (a-5) of Section 4 of the Senior Citizens and Persons with Disabilities Property Tax Relief Act, under such conditions as shall be prescribed by the Commuter Rail Board. The Department on Aging shall furnish all information reasonably necessary to determine eligibility, including updated lists of individuals who are eligible for services without charge under this Section. After an initial eligibility determination is made, an individual's eligibility for free services shall automatically renew every 5 years after receipt by the Authority of a copy of the individual's government-issued identification card validating Illinois residency. Nothing in this Section shall relieve the Commuter Rail Board from providing reduced fares as may be required by federal law.
(Source: P.A. 103-241, eff. 1-1-24.) |
(70 ILCS 3615/3B.15) Sec. 3B.15. Transit services for individuals with disabilities. Notwithstanding any law to the contrary, no later than 60 days following the effective date of this amendatory Act of the 95th General Assembly, all fixed route public transportation services provided by, or under grant or purchase of service contract of, the Commuter Rail Board shall be provided without charge to all persons with disabilities who meet the income eligibility limitation set forth in subsection (a-5) of Section 4 of the Senior Citizens and Persons with Disabilities Property Tax Relief Act, under such procedures as shall be prescribed by the Board. The Department on Aging shall furnish all information reasonably necessary to determine eligibility, including updated lists of individuals who are eligible for services without charge under this Section. After an initial eligibility determination is made, an individual's eligibility for free services shall automatically renew every 5 years after receipt by the Authority of a copy of the individual's government-issued identification card validating Illinois residency. Individuals who have not submitted an Illinois Persons with a Disability Identification Card to the Authority shall also submit a document verifying the individual's disability.
(Source: P.A. 103-241, eff. 1-1-24.) |
(70 ILCS 3615/3B.16)
Sec. 3B.16. Emergency protocols. Within 6 months after the effective date of this amendatory Act of the 96th General Assembly, the Commuter Rail Board must develop written protocols to respond to medical and sanitation emergencies and to other safety hazards.
(Source: P.A. 96-677, eff. 8-25-09.) |
(70 ILCS 3615/3B.20) Sec. 3B.20. Wireless Internet. The Commuter Rail Board must provide wireless Internet service on all passenger trains it owns or operates by January 1, 2012, but only if the service can be provided with no cost to the Commuter Rail Division.
(Source: P.A. 97-85, eff. 7-7-11.) |
(70 ILCS 3615/3B.25) Sec. 3B.25. Automated external defibrillators. The Commuter Rail Board must conduct a study concerning the installation and use of automated external defibrillators on passenger trains operated by the Commuter Rail Board. No later than one year after the effective date of this amendatory Act of the 97th General Assembly, the Commuter Rail Board must report to the Governor and the General Assembly the results of the study. For the purposes of this Section, "automated external defibrillator" has the meaning ascribed to that term in Section 10 of the Automated External Defibrillator Act.
(Source: P.A. 97-85, eff. 7-7-11.) |
(70 ILCS 3615/3B.26) Sec. 3B.26. Employment contracts. Except as otherwise provided in Section 3B.13, before the Commuter Rail Board may enter into or amend any employment contract in excess of $100,000, the Commuter Rail Board must submit that contract or amendment to the Board for review for a period of 14 days. After 14 days, the contract shall be considered reviewed. This Section applies only to contracts entered into or amended on or after the effective date of this amendatory Act of the 98th General Assembly. Before the Board of the Regional Transportation Authority may enter into or amend any employment contract in excess of $100,000, the Board must submit that contract to the Chairman and Minority Spokesman of the Mass Transit Committee, or its successor committee, of the House of Representatives, and to the Chairman and Minority Spokesman of the Transportation Committee, or its successor committee, of the Senate.
(Source: P.A. 98-1027, eff. 1-1-15.) |
(70 ILCS 3615/Art. IV heading) ARTICLE IV.
FINANCES.
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(70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
Sec. 4.01. Budget and Program.
(a) The Board shall control the finances
of the Authority. It shall by ordinance adopted by the affirmative vote of at least 12 of its then Directors (i) appropriate money to perform the
Authority's purposes and provide for payment of debts and expenses of
the Authority, (ii) take action with respect to the budget and two-year financial plan of each Service Board, as provided in Section 4.11, and (iii) adopt an Annual Budget and Two-Year Financial Plan for the Authority that includes the annual budget and two-year financial plan of each Service Board that has been approved by the Authority. The Annual Budget and Two-Year Financial Plan
shall contain a statement
of the funds estimated to be on hand for the Authority and each Service Board at the beginning of the fiscal
year, the funds estimated to be received from all sources for such year, the estimated expenses and obligations of the Authority and each Service Board for all purposes, including expenses for contributions to be made with respect to pension and other employee benefits,
and the funds estimated to be on hand at the end of such year. The fiscal year of the Authority and each Service Board shall
begin on January 1st and end on the succeeding December 31st.
By July 1st of each year the Director of the
Illinois
Governor's Office of Management and Budget (formerly Bureau of the
Budget) shall submit
to the Authority an estimate of revenues for the next fiscal year of the Authority to be
collected from the taxes imposed by the Authority and the amounts to be
available in the Public Transportation Fund and the Regional Transportation
Authority Occupation and Use Tax Replacement Fund and the amounts otherwise to be appropriated by the State to the Authority for its purposes. The Authority shall file a copy of its Annual Budget and Two-Year Financial Plan with
the
General Assembly and the Governor after its adoption. Before the proposed Annual Budget and Two-Year Financial Plan
is adopted, the Authority
shall hold at least one public hearing thereon
in the metropolitan region, and shall meet
with the county board or its designee of
each of the several counties in the metropolitan region. After conducting
such hearings and holding such meetings and after making such changes
in the proposed Annual Budget and Two-Year Financial Plan
as the Board deems appropriate, the
Board shall adopt its annual appropriation and Annual Budget and Two-Year Financial Plan
ordinance. The ordinance may be adopted
only upon the affirmative votes of 12
of its then Directors. The
ordinance shall appropriate such sums of money as are deemed necessary
to defray all necessary expenses and obligations of the Authority,
specifying purposes and the objects or programs for which appropriations
are made and the amount appropriated for each object or program.
Additional appropriations, transfers between items and other changes in
such ordinance may be made from time to time by the Board upon the
affirmative votes of 12
of its then Directors.
(b) The Annual Budget and Two-Year Financial Plan
shall show a balance between anticipated revenues from
all sources and anticipated expenses including funding of operating deficits
or the discharge of encumbrances incurred in prior periods and payment of
principal and interest when due, and shall show cash balances sufficient
to pay with reasonable promptness all obligations and expenses as incurred.
The Annual Budget and Two-Year Financial Plan
must show: (i) that the level of fares and charges for mass | ||
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(ii) that the level of fares charged for ADA | ||
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The Authority shall file a statement certifying that the Service Boards published the data described in subsection (b-5) with the General Assembly and the Governor after adoption of the Annual Budget and Two-Year Financial Plan required by subsection (a). If the Authority fails to file a statement certifying publication of the data, then the appropriations to the Department of Transportation for grants to the Authority intended to reimburse the Service Boards for providing free and reduced fares shall be withheld. (b-5) For fiscal years 2024 and 2025, the Service Boards must publish a monthly comprehensive set of data regarding transit service and safety. The data included shall include information to track operations including: (1) staffing levels, including numbers of budgeted | ||
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(2) scheduled service and delivered service, | ||
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(3) safety on the system, including the number of | ||
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The Authority and Service Boards shall solicit input and ideas on publishing data on the service reliability, operations, and safety of the system from the public and groups representing transit riders, workers, and businesses. (c) The actual administrative expenses of the Authority for the fiscal
year commencing January 1, 1985 may not exceed $5,000,000.
The actual administrative expenses of the Authority for the fiscal year
commencing January 1, 1986, and for each fiscal year thereafter shall not
exceed the maximum administrative expenses for the previous fiscal year plus
5%. "Administrative
expenses" are defined for purposes of this Section as all expenses except:
(1) capital expenses and purchases of the Authority on behalf of the Service
Boards; (2) payments to Service Boards; and (3) payment of principal
and interest on bonds, notes or other evidence of obligation for borrowed
money issued by the Authority; (4) costs for passenger security including
grants, contracts, personnel, equipment and administrative expenses; (5)
payments with respect to public transportation facilities made pursuant to
subsection (b) of Section 2.20 of this Act; and (6) any payments with
respect to rate protection contracts, credit enhancements or liquidity
agreements made pursuant to Section 4.14.
(d) This subsection applies only until the Department begins administering and enforcing an increased tax under Section 4.03(m) as authorized by this amendatory Act of the 95th General Assembly. After withholding 15% of the proceeds of any tax imposed by the
Authority and 15% of money received by the Authority from the Regional
Transportation Authority Occupation and Use Tax Replacement Fund,
the Board shall allocate the proceeds and money remaining to the Service
Boards as follows: (1) an amount equal to 85% of the proceeds of those
taxes collected within the City of Chicago and 85% of the money received by
the Authority on account of transfers to the Regional Transportation
Authority Occupation and Use Tax Replacement Fund from the County and Mass
Transit District Fund attributable to retail sales within the City of
Chicago shall be allocated to the Chicago Transit
Authority; (2) an amount equal to 85% of the proceeds of those taxes
collected within Cook County outside the City of Chicago and 85% of the
money received by the Authority on account of transfers to the Regional
Transportation Authority Occupation and Use Tax Replacement Fund from the
County and Mass Transit District Fund attributable to retail sales within
Cook County outside of the city of Chicago shall be allocated
30% to the Chicago Transit Authority, 55% to the Commuter Rail Board and
15% to the Suburban Bus Board; and (3) an amount equal to 85% of the
proceeds of the taxes collected within the Counties of DuPage, Kane, Lake,
McHenry and Will shall be allocated 70% to the Commuter Rail Board and 30%
to the Suburban Bus Board.
(e) This subsection applies only until the Department begins administering and enforcing an increased tax under Section 4.03(m) as authorized by this amendatory Act of the 95th General Assembly. Moneys received by the Authority on account of transfers to the
Regional Transportation Authority Occupation and Use Tax Replacement Fund
from the State and Local Sales Tax Reform Fund shall be
allocated among the Authority and the Service Boards as follows: 15% of
such moneys shall be retained by the Authority and the remaining 85%
shall be transferred to the Service Boards as soon as may be
practicable after the Authority receives payment. Moneys which are
distributable to the Service Boards pursuant to the preceding sentence
shall be allocated among the Service Boards on the basis of each Service
Board's distribution ratio. The term "distribution ratio" means,
for purposes of this subsection (e) of this Section 4.01, the ratio of
the total amount distributed to a Service Board pursuant to subsection (d)
of Section 4.01 for the immediately preceding calendar year to the total
amount distributed to all of the Service Boards pursuant to subsection (d)
of Section 4.01 for the immediately preceding calendar year.
(f) To carry out its duties and responsibilities under this Act,
the Board shall employ staff which shall: (1) propose for adoption by the Board of the Authority rules for the Service Boards that establish (i) forms and schedules to be used and information required to be provided with respect to a five-year capital program, annual budgets, and two-year financial plans and regular reporting of actual results against adopted budgets and financial plans, (ii) financial practices to be followed in the budgeting and expenditure of public funds, (iii) assumptions and projections that must be followed in preparing and submitting its annual budget and two-year financial plan or a five-year capital program; (2) evaluate for
the Board public transportation programs operated or proposed by
the Service Boards and
transportation agencies in terms of the goals and objectives set out in the Strategic Plan; (3)
keep the Board and the public informed of the extent to which the Service Boards and transportation agencies are meeting the goals and objectives adopted by the Authority in the Strategic Plan; and (4) assess the efficiency or adequacy of public transportation services provided by a Service Board and make recommendations for change in that service
to the end that the moneys
available to the Authority may be
expended in the most economical manner possible with the least possible
duplication. (g) All
Service Boards, transportation agencies, comprehensive planning agencies, including the Chicago Metropolitan Agency for Planning, or
transportation planning agencies in the metropolitan region shall
furnish to the Authority
such information pertaining to public
transportation or relevant for plans therefor as it may from time to time
require. The Executive Director, or his or her designee, shall, for the purpose of
securing any such information necessary or appropriate to carry out any of the powers and responsibilities of the Authority under this Act, have access to, and the right to examine, all
books, documents, papers or records of a Service Board or any transportation
agency receiving funds from the Authority
or Service Board, and such Service Board or transportation agency shall comply with any request by the Executive Director, or his or her designee, within 30 days or an extended time provided by the Executive Director.
(h) No Service Board shall undertake any capital improvement which is not identified in the Five-Year Capital Program.
(i) Each Service Board shall furnish to the Board access to its financial information including, but not limited to, audits and reports. The Board shall have real-time access to the financial information of the Service Boards; however, the Board shall be granted read-only access to the Service Board's financial information. (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
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(70 ILCS 3615/4.01a)
Sec. 4.01a.
(Repealed).
(Source: P.A. 86-463. Repealed by P.A. 90-273, eff.
7-30-97.)
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(70 ILCS 3615/4.02) (from Ch. 111 2/3, par. 704.02)
Sec. 4.02. Federal, State and Other Funds. (a) The Authority shall have the power to apply for, receive and expend
grants, loans or other funds from the State of Illinois or any department
or agency thereof, from any unit of local government, from the federal
government or any department or agency thereof,
for use in connection with any of the powers or purposes of the Authority
as set forth in this Act. The Authority shall have power to make such
studies as may be necessary and to enter into contracts or agreements with
the State of Illinois or any department or agency thereof, with any unit of
local government, or with the federal government or any department or
agency thereof, concerning such grants, loans or
other funds, or any conditions relating thereto, including obligations to
repay such funds. The Authority may make such covenants concerning such
grants, loans and funds as it deems proper and necessary in carrying out
its responsibilities, purposes and powers as provided in this Act.
(b) The Authority shall be the primary public body in the metropolitan
region with authority to apply for and receive any grants, loans or other
funds relating to public transportation programs from the State of Illinois
or any department or agency thereof, or from the federal government or any
department or agency thereof. Any unit of local government, Service Board
or transportation agency may apply for and receive any such federal
or state capital grants, loans or other funds, provided, however that a
Service Board may not apply
for or receive any grant or loan which is not identified in the Five-Year Capital Program.
Any Service Board, unit of local government or transportation agency
shall notify the Authority prior to making any such application and shall
file a copy thereof with the Authority. Nothing in this Section shall be
construed to impose any limitation on the ability of the State of Illinois
or any department or agency thereof, any unit of local government or Service
Board or
transportation agency to make any grants or to enter into any agreement or
contract with the National Rail Passenger Corporation. Nor shall anything
in this Section impose any limitation on the ability of any school district
to apply for or receive any grant, loan or other funds for transportation
of school children.
(c) The Authority shall provide to the Service Board any monies received
relating to public transportation services under the jurisdiction of the
Service Boards as provided in Section 4.03.3 of this Act.
(Source: P.A. 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-708, eff. 1-18-08.)
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(70 ILCS 3615/4.02a) Sec. 4.02a. Chicago Transit Authority contributions to pension funds.
(a) The Authority shall continually review the Chicago Transit Authority's payment of the required contributions to its retirement system under Section 22-101 of the Illinois Pension Code.
(b) Beginning January 1, 2009, if at any time the Authority determines that the Chicago Transit Authority's payment of any portion of the required contributions to its retirement system under Section 22-101 of the Illinois Pension Code is more than one month overdue, it shall as soon as possible pay the amount of those overdue contributions to the Board of Trustees
of the Retirement Plan
on behalf of the Chicago Transit Authority out of moneys otherwise payable to the Chicago Transit Authority under Section 4.03.3
of this Act. The Authority shall thereafter have no liability to the Chicago Transit Authority for amounts paid to the Board of Trustees
of the Retirement Plan
under this Section.
(c) Whenever the Authority acts or determines that it is required to act under subsection (b), it shall so notify the Chicago Transit Authority, the Mayor of Chicago, the Governor, the Auditor General of the State of Illinois, and the General Assembly.
(Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.) |
(70 ILCS 3615/4.02b)
Sec. 4.02b. Other contributions to pension funds. (a) The Authority shall continually review the payment of the required employer contributions to affected pension plans under Section 22-103 of the Illinois Pension Code.
(b) Beginning January 1, 2009, if at any time the Authority determines that the Commuter Rail Board's or Suburban Bus Board's payment of any portion of the required contributions to an affected pension plan under Section 22-103 of the Illinois Pension Code is more than one month overdue, it shall as soon as possible pay the amount of those overdue contributions to the trustee of the affected pension plan on behalf of that Service Board out of moneys otherwise payable to that Service Board under Section 4.03.3
of this Act. The Authority shall thereafter have no liability to the Service Board for amounts paid to the trustee of the affected pension plan under this Section.
(c) Whenever the Authority acts or determines that it is required to act under subsection (b), it shall so notify the affected Service Board, the Mayor of Chicago, the Governor, the Auditor General of the State of Illinois, and the General Assembly.
(d) Beginning January 1, 2009, if the Authority fails to pay to an affected pension fund within 30 days after it is due any employer contribution that it is required to make as a contributing employer under Section 22-103 of the Illinois Pension Code, it shall promptly so notify the Commission on Government Forecasting and Accountability, the Mayor of Chicago, the Governor, and the General Assembly, and it shall promptly pay the overdue amount out of the first money available to the Authority for its administrative expenses, as that term is defined in Section 4.01(c).
(Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.) |
(70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03) (Text of Section from P.A. 103-592) Sec. 4.03. Taxes. (a) In order to carry out any of the powers or purposes of the Authority, the Board may by ordinance adopted with the concurrence of 12 of the then Directors, impose throughout the metropolitan region any or all of the taxes provided in this Section. Except as otherwise provided in this Act, taxes imposed under this Section and civil penalties imposed incident thereto shall be collected and enforced by the State Department of Revenue. The Department shall have the power to administer and enforce the taxes and to determine all rights for refunds for erroneous payments of the taxes. Nothing in Public Act 95-708 is intended to invalidate any taxes currently imposed by the Authority. The increased vote requirements to impose a tax shall only apply to actions taken after January 1, 2008 (the effective date of Public Act 95-708). (b) The Board may impose a public transportation tax upon all persons engaged in the metropolitan region in the business of selling at retail motor fuel for operation of motor vehicles upon public highways. The tax shall be at a rate not to exceed 5% of the gross receipts from the sales of motor fuel in the course of the business. As used in this Act, the term "motor fuel" shall have the same meaning as in the Motor Fuel Tax Law. The Board may provide for details of the tax. The provisions of any tax shall conform, as closely as may be practicable, to the provisions of the Municipal Retailers Occupation Tax Act, including without limitation, conformity to penalties with respect to the tax imposed and as to the powers of the State Department of Revenue to promulgate and enforce rules and regulations relating to the administration and enforcement of the provisions of the tax imposed, except that reference in the Act to any municipality shall refer to the Authority and the tax shall be imposed only with regard to receipts from sales of motor fuel in the metropolitan region, at rates as limited by this Section. (c) In connection with the tax imposed under paragraph (b) of this Section, the Board may impose a tax upon the privilege of using in the metropolitan region motor fuel for the operation of a motor vehicle upon public highways, the tax to be at a rate not in excess of the rate of tax imposed under paragraph (b) of this Section. The Board may provide for details of the tax. (d) The Board may impose a motor vehicle parking tax upon the privilege of parking motor vehicles at off-street parking facilities in the metropolitan region at which a fee is charged, and may provide for reasonable classifications in and exemptions to the tax, for administration and enforcement thereof and for civil penalties and refunds thereunder and may provide criminal penalties thereunder, the maximum penalties not to exceed the maximum criminal penalties provided in the Retailers' Occupation Tax Act. The Authority may collect and enforce the tax itself or by contract with any unit of local government. The State Department of Revenue shall have no responsibility for the collection and enforcement unless the Department agrees with the Authority to undertake the collection and enforcement. As used in this paragraph, the term "parking facility" means a parking area or structure having parking spaces for more than 2 vehicles at which motor vehicles are permitted to park in return for an hourly, daily, or other periodic fee, whether publicly or privately owned, but does not include parking spaces on a public street, the use of which is regulated by parking meters. (e) The Board may impose a Regional Transportation Authority Retailers' Occupation Tax upon all persons engaged in the business of selling tangible personal property at retail in the metropolitan region. In Cook County, the tax rate shall be 1.25% of the gross receipts from sales of tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly), and 1% of the gross receipts from other taxable sales made in the course of that business. In DuPage, Kane, Lake, McHenry, and Will counties, the tax rate shall be 0.75% of the gross receipts from all taxable sales made in the course of that business. The rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will counties under this Section on sales of aviation fuel on or after December 1, 2019 shall, however, be 0.25% unless the Regional Transportation Authority in DuPage, Kane, Lake, McHenry, and Will counties has an "airport-related purpose" and the additional 0.50% of the 0.75% tax on aviation fuel is expended for airport-related purposes. If there is no airport-related purpose to which aviation fuel tax revenue is dedicated, then aviation fuel is excluded from the additional 0.50% of the 0.75% tax. The tax imposed under this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue. The Department shall have full power to administer and enforce this Section; to collect all taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of, and compliance with this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. The Board and DuPage, Kane, Lake, McHenry, and Will counties must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority. Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their seller's tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination in a single amount with State taxes that sellers are required to collect under the Use Tax Act, under any bracket schedules the Department may prescribe. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named, in the notification from the Department. The refund shall be paid by the State Treasurer out of the Regional Transportation Authority tax fund established under paragraph (n) of this Section or the Local Government Aviation Trust Fund, as appropriate. If a tax is imposed under this subsection (e), a tax shall also be imposed under subsections (f) and (g) of this Section. For the purpose of determining whether a tax authorized under this Section is applicable, a retail sale by a producer of coal or other mineral mined in Illinois, is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth. This paragraph does not apply to coal or other mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the Federal Constitution as a sale in interstate or foreign commerce. No tax shall be imposed or collected under this subsection on the sale of a motor vehicle in this State to a resident of another state if that motor vehicle will not be titled in this State. Nothing in this Section shall be construed to authorize the Regional Transportation Authority to impose a tax upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by this State. (f) If a tax has been imposed under paragraph (e), a Regional Transportation Authority Service Occupation Tax shall also be imposed upon all persons engaged, in the metropolitan region in the business of making sales of service, who as an incident to making the sales of service, transfer tangible personal property within the metropolitan region, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. In Cook County, the tax rate shall be: (1) 1.25% of the serviceman's cost price of food prepared for immediate consumption and transferred incident to a sale of service subject to the service occupation tax by an entity licensed under the Hospital Licensing Act, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act that is located in the metropolitan region; (2) 1.25% of the selling price of tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly); and (3) 1% of the selling price from other taxable sales of tangible personal property transferred. In DuPage, Kane, Lake, McHenry, and Will counties, the rate shall be 0.75% of the selling price of all tangible personal property transferred. The rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will counties under this Section on sales of aviation fuel on or after December 1, 2019 shall, however, be 0.25% unless the Regional Transportation Authority in DuPage, Kane, Lake, McHenry, and Will counties has an "airport-related purpose" and the additional 0.50% of the 0.75% tax on aviation fuel is expended for airport-related purposes. If there is no airport-related purpose to which aviation fuel tax revenue is dedicated, then aviation fuel is excluded from the additional 0.5% of the 0.75% tax. The Board and DuPage, Kane, Lake, McHenry, and Will counties must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority. The tax imposed under this paragraph and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue. The Department shall have full power to administer and enforce this paragraph; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of and compliance with this paragraph, the Department and persons who are subject to this paragraph shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the Authority), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the Authority), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the Authority), the first paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under the authority granted in this paragraph may reimburse themselves for their serviceman's tax liability hereunder by separately stating the tax as an additional charge, that charge may be stated in combination in a single amount with State tax that servicemen are authorized to collect under the Service Use Tax Act, under any bracket schedules the Department may prescribe. Whenever the Department determines that a refund should be made under this paragraph to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the Regional Transportation Authority tax fund established under paragraph (n) of this Section or the Local Government Aviation Trust Fund, as appropriate. Nothing in this paragraph shall be construed to authorize the Authority to impose a tax upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by the State. (g) If a tax has been imposed under paragraph (e), a tax shall also be imposed upon the privilege of using in the metropolitan region, any item of tangible personal property that is purchased outside the metropolitan region at retail from a retailer, and that is titled or registered with an agency of this State's government. In Cook County, the tax rate shall be 1% of the selling price of the tangible personal property, as "selling price" is defined in the Use Tax Act. In DuPage, Kane, Lake, McHenry, and Will counties, the tax rate shall be 0.75% of the selling price of the tangible personal property, as "selling price" is defined in the Use Tax Act. The tax shall be collected from persons whose Illinois address for titling or registration purposes is given as being in the metropolitan region. The tax shall be collected by the Department of Revenue for the Regional Transportation Authority. The tax must be paid to the State, or an exemption determination must be obtained from the Department of Revenue, before the title or certificate of registration for the property may be issued. The tax or proof of exemption may be transmitted to the Department by way of the State agency with which, or the State officer with whom, the tangible personal property must be titled or registered if the Department and the State agency or State officer determine that this procedure will expedite the processing of applications for title or registration. The Department shall have full power to administer and enforce this paragraph; to collect all taxes, penalties, and interest due hereunder; to dispose of taxes, penalties, and interest collected in the manner hereinafter provided; and to determine all rights to credit memoranda or refunds arising on account of the erroneous payment of tax, penalty, or interest hereunder. In the administration of and compliance with this paragraph, the Department and persons who are subject to this paragraph shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure, as are prescribed in Sections 2 (except the definition of "retailer maintaining a place of business in this State"), 3 through 3-80 (except provisions pertaining to the State rate of tax, and except provisions concerning collection or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions pertaining to claims by retailers and except the last paragraph concerning refunds), 20, 21, and 22 of the Use Tax Act, and are not inconsistent with this paragraph, as fully as if those provisions were set forth herein. Whenever the Department determines that a refund should be made under this paragraph to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the Regional Transportation Authority tax fund established under paragraph (n) of this Section. (g-5) If, on January 1, 2025, a unit of local government has in effect a tax under subsections (e), (f), and (g), or if, after January 1, 2025, a unit of local government imposes a tax under subsections (e), (f), and (g), then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. (h) The Authority may impose a replacement vehicle tax of $50 on any passenger car as defined in Section 1-157 of the Illinois Vehicle Code purchased within the metropolitan region by or on behalf of an insurance company to replace a passenger car of an insured person in settlement of a total loss claim. The tax imposed may not become effective before the first day of the month following the passage of the ordinance imposing the tax and receipt of a certified copy of the ordinance by the Department of Revenue. The Department of Revenue shall collect the tax for the Authority in accordance with Sections 3-2002 and 3-2003 of the Illinois Vehicle Code. The Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes collected hereunder. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to the Authority. The amount to be paid to the Authority shall be the amount collected hereunder during the second preceding calendar month by the Department, less any amount determined by the Department to be necessary for the payment of refunds, and less any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt by the Comptroller of the disbursement certification to the Authority provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for that amount in accordance with the directions contained in the certification. (i) The Board may not impose any other taxes except as it may from time to time be authorized by law to impose. (j) A certificate of registration issued by the State Department of Revenue to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit the registrant to engage in a business that is taxed under the tax imposed under paragraphs (b), (e), (f) or (g) of this Section and no additional registration shall be required under the tax. A certificate issued under the Use Tax Act or the Service Use Tax Act shall be applicable with regard to any tax imposed under paragraph (c) of this Section. (k) The provisions of any tax imposed under paragraph (c) of this Section shall conform as closely as may be practicable to the provisions of the Use Tax Act, including without limitation conformity as to penalties with respect to the tax imposed and as to the powers of the State Department of Revenue to promulgate and enforce rules and regulations relating to the administration and enforcement of the provisions of the tax imposed. The taxes shall be imposed only on use within the metropolitan region and at rates as provided in the paragraph. (l) The Board in imposing any tax as provided in paragraphs (b) and (c) of this Section, shall, after seeking the advice of the State Department of Revenue, provide means for retailers, users or purchasers of motor fuel for purposes other than those with regard to which the taxes may be imposed as provided in those paragraphs to receive refunds of taxes improperly paid, which provisions may be at variance with the refund provisions as applicable under the Municipal Retailers Occupation Tax Act. The State Department of Revenue may provide for certificates of registration for users or purchasers of motor fuel for purposes other than those with regard to which taxes may be imposed as provided in paragraphs (b) and (c) of this Section to facilitate the reporting and nontaxability of the exempt sales or uses. (m) Any ordinance imposing or discontinuing any tax under this Section shall be adopted and a certified copy thereof filed with the Department on or before June 1, whereupon the Department of Revenue shall proceed to administer and enforce this Section on behalf of the Regional Transportation Authority as of September 1 next following such adoption and filing. Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing. Beginning January 1, 1993, an ordinance or resolution imposing, increasing, decreasing, or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department, whereupon the Department shall proceed to administer and enforce this Section as of the first day of the first month to occur not less than 60 days following such adoption and filing. Any ordinance or resolution of the Authority imposing a tax under this Section and in effect on August 1, 2007 shall remain in full force and effect and shall be administered by the Department of Revenue under the terms and conditions and rates of tax established by such ordinance or resolution until the Department begins administering and enforcing an increased tax under this Section as authorized by Public Act 95-708. The tax rates authorized by Public Act 95-708 are effective only if imposed by ordinance of the Authority. (n) Except as otherwise provided in this subsection (n), the State Department of Revenue shall, upon collecting any taxes as provided in this Section, pay the taxes over to the State Treasurer as trustee for the Authority. The taxes shall be held in a trust fund outside the State Treasury. If an airport-related purpose has been certified, taxes and penalties collected in DuPage, Kane, Lake, McHenry and Will counties on aviation fuel sold on or after December 1, 2019 from the 0.50% of the 0.75% rate shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Act for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority. On or before the 25th day of each calendar month, the State Department of Revenue shall prepare and certify to the Comptroller of the State of Illinois and to the Authority (i) the amount of taxes collected in each county other than Cook County in the metropolitan region, (not including, if an airport-related purpose has been certified, the taxes and penalties collected from the 0.50% of the 0.75% rate on aviation fuel sold on or after December 1, 2019 that are deposited into the Local Government Aviation Trust Fund) (ii) the amount of taxes collected within the City of Chicago, and (iii) the amount collected in that portion of Cook County outside of Chicago, each amount less the amount necessary for the payment of refunds to taxpayers located in those areas described in items (i), (ii), and (iii), and less 1.5% of the remainder, which shall be transferred from the trust fund into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the Authority, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this subsection. Within 10 days after receipt by the Comptroller of the certification of the amounts, the Comptroller shall cause an order to be drawn for the transfer of the amount certified into the Tax Compliance and Administration Fund and the payment of two-thirds of the amounts certified in item (i) of this subsection to the Authority and one-third of the amounts certified in item (i) of this subsection to the respective counties other than Cook County and the amount certified in items (ii) and (iii) of this subsection to the Authority. In addition to the disbursement required by the preceding paragraph, an allocation shall be made in July 1991 and each year thereafter to the Regional Transportation Authority. The allocation shall be made in an amount equal to the average monthly distribution during the preceding calendar year (excluding the 2 months of lowest receipts) and the allocation shall include the amount of average monthly distribution from the Regional Transportation Authority Occupation and Use Tax Replacement Fund. The distribution made in July 1992 and each year thereafter under this paragraph and the preceding paragraph shall be reduced by the amount allocated and disbursed under this paragraph in the preceding calendar year. The Department of Revenue shall prepare and certify to the Comptroller for disbursement the allocations made in accordance with this paragraph. (o) Failure to adopt a budget ordinance or otherwise to comply with Section 4.01 of this Act or to adopt a Five-year Capital Program or otherwise to comply with paragraph (b) of Section 2.01 of this Act shall not affect the validity of any tax imposed by the Authority otherwise in conformity with law. (p) At no time shall a public transportation tax or motor vehicle parking tax authorized under paragraphs (b), (c), and (d) of this Section be in effect at the same time as any retailers' occupation, use or service occupation tax authorized under paragraphs (e), (f), and (g) of this Section is in effect. Any taxes imposed under the authority provided in paragraphs (b), (c), and (d) shall remain in effect only until the time as any tax authorized by paragraph (e), (f), or (g) of this Section are imposed and becomes effective. Once any tax authorized by paragraph (e), (f), or (g) is imposed the Board may not reimpose taxes as authorized in paragraphs (b), (c), and (d) of the Section unless any tax authorized by paragraph (e), (f), or (g) of this Section becomes ineffective by means other than an ordinance of the Board. (q) Any existing rights, remedies and obligations (including enforcement by the Regional Transportation Authority) arising under any tax imposed under paragraph (b), (c), or (d) of this Section shall not be affected by the imposition of a tax under paragraph (e), (f), or (g) of this Section.(Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.) (Text of Section from P.A. 103-781) Sec. 4.03. Taxes. (a) In order to carry out any of the powers or purposes of the Authority, the Board may by ordinance adopted with the concurrence of 12 of the then Directors, impose throughout the metropolitan region any or all of the taxes provided in this Section. Except as otherwise provided in this Act, taxes imposed under this Section and civil penalties imposed incident thereto shall be collected and enforced by the State Department of Revenue. The Department shall have the power to administer and enforce the taxes and to determine all rights for refunds for erroneous payments of the taxes. Nothing in Public Act 95-708 is intended to invalidate any taxes currently imposed by the Authority. The increased vote requirements to impose a tax shall only apply to actions taken after January 1, 2008 (the effective date of Public Act 95-708). (b) The Board may impose a public transportation tax upon all persons engaged in the metropolitan region in the business of selling at retail motor fuel for operation of motor vehicles upon public highways. The tax shall be at a rate not to exceed 5% of the gross receipts from the sales of motor fuel in the course of the business. As used in this Act, the term "motor fuel" shall have the same meaning as in the Motor Fuel Tax Law. The Board may provide for details of the tax. The provisions of any tax shall conform, as closely as may be practicable, to the provisions of the Municipal Retailers Occupation Tax Act, including without limitation, conformity to penalties with respect to the tax imposed and as to the powers of the State Department of Revenue to promulgate and enforce rules and regulations relating to the administration and enforcement of the provisions of the tax imposed, except that reference in the Act to any municipality shall refer to the Authority and the tax shall be imposed only with regard to receipts from sales of motor fuel in the metropolitan region, at rates as limited by this Section. (c) In connection with the tax imposed under paragraph (b) of this Section, the Board may impose a tax upon the privilege of using in the metropolitan region motor fuel for the operation of a motor vehicle upon public highways, the tax to be at a rate not in excess of the rate of tax imposed under paragraph (b) of this Section. The Board may provide for details of the tax. (d) The Board may impose a motor vehicle parking tax upon the privilege of parking motor vehicles at off-street parking facilities in the metropolitan region at which a fee is charged, and may provide for reasonable classifications in and exemptions to the tax, for administration and enforcement thereof and for civil penalties and refunds thereunder and may provide criminal penalties thereunder, the maximum penalties not to exceed the maximum criminal penalties provided in the Retailers' Occupation Tax Act. The Authority may collect and enforce the tax itself or by contract with any unit of local government. The State Department of Revenue shall have no responsibility for the collection and enforcement unless the Department agrees with the Authority to undertake the collection and enforcement. As used in this paragraph, the term "parking facility" means a parking area or structure having parking spaces for more than 2 vehicles at which motor vehicles are permitted to park in return for an hourly, daily, or other periodic fee, whether publicly or privately owned, but does not include parking spaces on a public street, the use of which is regulated by parking meters. (e) The Board may impose a Regional Transportation Authority Retailers' Occupation Tax upon all persons engaged in the business of selling tangible personal property at retail in the metropolitan region. In Cook County, the tax rate shall be 1.25% of the gross receipts from sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, food consisting of or infused with adult use cannabis, soft drinks, candy, and food that has been prepared for immediate consumption) and tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act, and 1% of the gross receipts from other taxable sales made in the course of that business. In DuPage, Kane, Lake, McHenry, and Will counties, the tax rate shall be 0.75% of the gross receipts from all taxable sales made in the course of that business. The rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will counties under this Section on sales of aviation fuel on or after December 1, 2019 shall, however, be 0.25% unless the Regional Transportation Authority in DuPage, Kane, Lake, McHenry, and Will counties has an "airport-related purpose" and the additional 0.50% of the 0.75% tax on aviation fuel is expended for airport-related purposes. If there is no airport-related purpose to which aviation fuel tax revenue is dedicated, then aviation fuel is excluded from the additional 0.50% of the 0.75% tax. The tax imposed under this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue. The Department shall have full power to administer and enforce this Section; to collect all taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of, and compliance with this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. The Board and DuPage, Kane, Lake, McHenry, and Will counties must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority. Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their seller's tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination in a single amount with State taxes that sellers are required to collect under the Use Tax Act, under any bracket schedules the Department may prescribe. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named, in the notification from the Department. The refund shall be paid by the State Treasurer out of the Regional Transportation Authority tax fund established under paragraph (n) of this Section or the Local Government Aviation Trust Fund, as appropriate. If a tax is imposed under this subsection (e), a tax shall also be imposed under subsections (f) and (g) of this Section. For the purpose of determining whether a tax authorized under this Section is applicable, a retail sale by a producer of coal or other mineral mined in Illinois, is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth. This paragraph does not apply to coal or other mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the Federal Constitution as a sale in interstate or foreign commerce. No tax shall be imposed or collected under this subsection on the sale of a motor vehicle in this State to a resident of another state if that motor vehicle will not be titled in this State. Nothing in this Section shall be construed to authorize the Regional Transportation Authority to impose a tax upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by this State. (f) If a tax has been imposed under paragraph (e), a Regional Transportation Authority Service Occupation Tax shall also be imposed upon all persons engaged, in the metropolitan region in the business of making sales of service, who as an incident to making the sales of service, transfer tangible personal property within the metropolitan region, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. In Cook County, the tax rate shall be: (1) 1.25% of the serviceman's cost price of food prepared for immediate consumption and transferred incident to a sale of service subject to the service occupation tax by an entity that is located in the metropolitan region and that is licensed under the Hospital Licensing Act, the Nursing Home Care Act, the Assisted Living and Shared Housing Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Child Care Act of 1969, or an entity that holds a permit issued pursuant to the Life Care Facilities Act; (2) 1.25% of the selling price of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, food consisting of or infused with adult use cannabis, soft drinks, candy, and food that has been prepared for immediate consumption) and tangible personal property taxed at the 1% rate under the Service Occupation Tax Act; and (3) 1% of the selling price from other taxable sales of tangible personal property transferred. In DuPage, Kane, Lake, McHenry, and Will counties, the rate shall be 0.75% of the selling price of all tangible personal property transferred. The rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will counties under this Section on sales of aviation fuel on or after December 1, 2019 shall, however, be 0.25% unless the Regional Transportation Authority in DuPage, Kane, Lake, McHenry, and Will counties has an "airport-related purpose" and the additional 0.50% of the 0.75% tax on aviation fuel is expended for airport-related purposes. If there is no airport-related purpose to which aviation fuel tax revenue is dedicated, then aviation fuel is excluded from the additional 0.5% of the 0.75% tax. The Board and DuPage, Kane, Lake, McHenry, and Will counties must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority. The tax imposed under this paragraph and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue. The Department shall have full power to administer and enforce this paragraph; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of and compliance with this paragraph, the Department and persons who are subject to this paragraph shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the Authority), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the Authority), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the Authority), the first paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under the authority granted in this paragraph may reimburse themselves for their serviceman's tax liability hereunder by separately stating the tax as an additional charge, that charge may be stated in combination in a single amount with State tax that servicemen are authorized to collect under the Service Use Tax Act, under any bracket schedules the Department may prescribe. Whenever the Department determines that a refund should be made under this paragraph to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the Regional Transportation Authority tax fund established under paragraph (n) of this Section or the Local Government Aviation Trust Fund, as appropriate. Nothing in this paragraph shall be construed to authorize the Authority to impose a tax upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by the State. (g) If a tax has been imposed under paragraph (e), a tax shall also be imposed upon the privilege of using in the metropolitan region, any item of tangible personal property that is purchased outside the metropolitan region at retail from a retailer, and that is titled or registered with an agency of this State's government. In Cook County, the tax rate shall be 1% of the selling price of the tangible personal property, as "selling price" is defined in the Use Tax Act. In DuPage, Kane, Lake, McHenry, and Will counties, the tax rate shall be 0.75% of the selling price of the tangible personal property, as "selling price" is defined in the Use Tax Act. The tax shall be collected from persons whose Illinois address for titling or registration purposes is given as being in the metropolitan region. The tax shall be collected by the Department of Revenue for the Regional Transportation Authority. The tax must be paid to the State, or an exemption determination must be obtained from the Department of Revenue, before the title or certificate of registration for the property may be issued. The tax or proof of exemption may be transmitted to the Department by way of the State agency with which, or the State officer with whom, the tangible personal property must be titled or registered if the Department and the State agency or State officer determine that this procedure will expedite the processing of applications for title or registration. The Department shall have full power to administer and enforce this paragraph; to collect all taxes, penalties, and interest due hereunder; to dispose of taxes, penalties, and interest collected in the manner hereinafter provided; and to determine all rights to credit memoranda or refunds arising on account of the erroneous payment of tax, penalty, or interest hereunder. In the administration of and compliance with this paragraph, the Department and persons who are subject to this paragraph shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure, as are prescribed in Sections 2 (except the definition of "retailer maintaining a place of business in this State"), 3 through 3-80 (except provisions pertaining to the State rate of tax, and except provisions concerning collection or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions pertaining to claims by retailers and except the last paragraph concerning refunds), 20, 21, and 22 of the Use Tax Act, and are not inconsistent with this paragraph, as fully as if those provisions were set forth herein. Whenever the Department determines that a refund should be made under this paragraph to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the Regional Transportation Authority tax fund established under paragraph (n) of this Section. (h) The Authority may impose a replacement vehicle tax of $50 on any passenger car as defined in Section 1-157 of the Illinois Vehicle Code purchased within the metropolitan region by or on behalf of an insurance company to replace a passenger car of an insured person in settlement of a total loss claim. The tax imposed may not become effective before the first day of the month following the passage of the ordinance imposing the tax and receipt of a certified copy of the ordinance by the Department of Revenue. The Department of Revenue shall collect the tax for the Authority in accordance with Sections 3-2002 and 3-2003 of the Illinois Vehicle Code. The Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes collected hereunder. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to the Authority. The amount to be paid to the Authority shall be the amount collected hereunder during the second preceding calendar month by the Department, less any amount determined by the Department to be necessary for the payment of refunds, and less any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt by the Comptroller of the disbursement certification to the Authority provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for that amount in accordance with the directions contained in the certification. (i) The Board may not impose any other taxes except as it may from time to time be authorized by law to impose. (j) A certificate of registration issued by the State Department of Revenue to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit the registrant to engage in a business that is taxed under the tax imposed under paragraphs (b), (e), (f) or (g) of this Section and no additional registration shall be required under the tax. A certificate issued under the Use Tax Act or the Service Use Tax Act shall be applicable with regard to any tax imposed under paragraph (c) of this Section. (k) The provisions of any tax imposed under paragraph (c) of this Section shall conform as closely as may be practicable to the provisions of the Use Tax Act, including without limitation conformity as to penalties with respect to the tax imposed and as to the powers of the State Department of Revenue to promulgate and enforce rules and regulations relating to the administration and enforcement of the provisions of the tax imposed. The taxes shall be imposed only on use within the metropolitan region and at rates as provided in the paragraph. (l) The Board in imposing any tax as provided in paragraphs (b) and (c) of this Section, shall, after seeking the advice of the State Department of Revenue, provide means for retailers, users or purchasers of motor fuel for purposes other than those with regard to which the taxes may be imposed as provided in those paragraphs to receive refunds of taxes improperly paid, which provisions may be at variance with the refund provisions as applicable under the Municipal Retailers Occupation Tax Act. The State Department of Revenue may provide for certificates of registration for users or purchasers of motor fuel for purposes other than those with regard to which taxes may be imposed as provided in paragraphs (b) and (c) of this Section to facilitate the reporting and nontaxability of the exempt sales or uses. (m) Any ordinance imposing or discontinuing any tax under this Section shall be adopted and a certified copy thereof filed with the Department on or before June 1, whereupon the Department of Revenue shall proceed to administer and enforce this Section on behalf of the Regional Transportation Authority as of September 1 next following such adoption and filing. Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing. Beginning January 1, 1993, an ordinance or resolution imposing, increasing, decreasing, or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department, whereupon the Department shall proceed to administer and enforce this Section as of the first day of the first month to occur not less than 60 days following such adoption and filing. Any ordinance or resolution of the Authority imposing a tax under this Section and in effect on August 1, 2007 shall remain in full force and effect and shall be administered by the Department of Revenue under the terms and conditions and rates of tax established by such ordinance or resolution until the Department begins administering and enforcing an increased tax under this Section as authorized by Public Act 95-708. The tax rates authorized by Public Act 95-708 are effective only if imposed by ordinance of the Authority. (n) Except as otherwise provided in this subsection (n), the State Department of Revenue shall, upon collecting any taxes as provided in this Section, pay the taxes over to the State Treasurer as trustee for the Authority. The taxes shall be held in a trust fund outside the State Treasury. If an airport-related purpose has been certified, taxes and penalties collected in DuPage, Kane, Lake, McHenry and Will counties on aviation fuel sold on or after December 1, 2019 from the 0.50% of the 0.75% rate shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Act for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority. On or before the 25th day of each calendar month, the State Department of Revenue shall prepare and certify to the Comptroller of the State of Illinois and to the Authority (i) the amount of taxes collected in each county other than Cook County in the metropolitan region, (not including, if an airport-related purpose has been certified, the taxes and penalties collected from the 0.50% of the 0.75% rate on aviation fuel sold on or after December 1, 2019 that are deposited into the Local Government Aviation Trust Fund) (ii) the amount of taxes collected within the City of Chicago, and (iii) the amount collected in that portion of Cook County outside of Chicago, each amount less the amount necessary for the payment of refunds to taxpayers located in those areas described in items (i), (ii), and (iii), and less 1.5% of the remainder, which shall be transferred from the trust fund into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the Authority, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this subsection. Within 10 days after receipt by the Comptroller of the certification of the amounts, the Comptroller shall cause an order to be drawn for the transfer of the amount certified into the Tax Compliance and Administration Fund and the payment of two-thirds of the amounts certified in item (i) of this subsection to the Authority and one-third of the amounts certified in item (i) of this subsection to the respective counties other than Cook County and the amount certified in items (ii) and (iii) of this subsection to the Authority. In addition to the disbursement required by the preceding paragraph, an allocation shall be made in July 1991 and each year thereafter to the Regional Transportation Authority. The allocation shall be made in an amount equal to the average monthly distribution during the preceding calendar year (excluding the 2 months of lowest receipts) and the allocation shall include the amount of average monthly distribution from the Regional Transportation Authority Occupation and Use Tax Replacement Fund. The distribution made in July 1992 and each year thereafter under this paragraph and the preceding paragraph shall be reduced by the amount allocated and disbursed under this paragraph in the preceding calendar year. The Department of Revenue shall prepare and certify to the Comptroller for disbursement the allocations made in accordance with this paragraph. (o) Failure to adopt a budget ordinance or otherwise to comply with Section 4.01 of this Act or to adopt a Five-year Capital Program or otherwise to comply with paragraph (b) of Section 2.01 of this Act shall not affect the validity of any tax imposed by the Authority otherwise in conformity with law. (p) At no time shall a public transportation tax or motor vehicle parking tax authorized under paragraphs (b), (c), and (d) of this Section be in effect at the same time as any retailers' occupation, use or service occupation tax authorized under paragraphs (e), (f), and (g) of this Section is in effect. Any taxes imposed under the authority provided in paragraphs (b), (c), and (d) shall remain in effect only until the time as any tax authorized by paragraph (e), (f), or (g) of this Section are imposed and becomes effective. Once any tax authorized by paragraph (e), (f), or (g) is imposed the Board may not reimpose taxes as authorized in paragraphs (b), (c), and (d) of the Section unless any tax authorized by paragraph (e), (f), or (g) of this Section becomes ineffective by means other than an ordinance of the Board. (q) Any existing rights, remedies and obligations (including enforcement by the Regional Transportation Authority) arising under any tax imposed under paragraph (b), (c), or (d) of this Section shall not be affected by the imposition of a tax under paragraph (e), (f), or (g) of this Section.(Source: P.A. 102-700, eff. 4-19-22; 103-781, eff. 8-5-24.) |
(70 ILCS 3615/4.03.1) (from Ch. 111 2/3, par. 704.03.1)
Sec. 4.03.1.
(a) The Board may impose a tax upon all persons engaged in
the business of renting automobiles in the metropolitan region at the rate
of not to exceed 1% of the gross receipts from such business within Cook
County and not to exceed 1/4% of the gross receipts from such business
within the Counties of DuPage, Kane, Lake, McHenry and Will. The tax imposed
pursuant to this paragraph and all civil penalties that may be assessed
as an incident thereof shall be collected and enforced by the State Department
of Revenue. The certificate of registration which is issued by the Department
to a retailer under the Retailers' Occupation Tax Act or under the Automobile Renting Occupation and Use Tax
Act shall permit such
person to engage in a business which is taxable under any ordinance or
resolution
enacted pursuant to this paragraph without registering separately with the
Department under such ordinance or resolution or under this paragraph. The
Department shall have full power to administer and enforce this
paragraph; to collect all taxes and penalties due hereunder; to dispose
of taxes and penalties so collected in the manner hereinafter provided,
and to determine all rights to credit memoranda, arising on account of the
erroneous payment of tax or penalty hereunder. In the administration of,
and compliance with, this paragraph, the Department and persons who are
subject to this paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same conditions, restrictions,
limitations, penalties and definitions of terms, and employ the same modes
of procedure, as are prescribed in Sections 2 and 3 (in respect to all
provisions
therein other than the State rate of tax; and with relation to the provisions
of the Retailers' Occupation Tax referred to therein, except as to
the
disposition of taxes and penalties collected, and except for the provision
allowing retailers a deduction from the tax cover certain costs, and except
that credit memoranda issued hereunder may not be used to discharge any
State tax liability) of the Automobile Renting Occupation and Use Tax
Act as fully as if provisions contained in those Sections
of said Act were set forth herein. Persons subject to any tax imposed pursuant
to the authority granted in this paragraph may reimburse themselves for
their tax liability hereunder by separately stating such tax as an additional
charge, which charge may be stated in combination, in a single amount, with
State tax which sellers are required to collect under the Automobile
Renting
Occupation and Use Tax Act pursuant to such bracket schedules as the
Department
may prescribe. Nothing in this paragraph shall be construed to authorize
the Authority to impose a tax upon the privilege of engaging in any business
which under the Constitution of the United States may not be made
the subject
of taxation by this State.
(b) The Board may impose a tax upon the privilege of using, in the
metropolitan
region an automobile which is rented from a renter outside Illinois, and
which is titled or registered with an agency of this State's government,
at a rate not to exceed 1% of the rental price of such automobile within
the County of Cook, and not to exceed 1/4% of the rental price within the
counties of DuPage, Kane, Lake, McHenry and Will. Such tax shall be collected
from persons whose Illinois address for titling or registration purposes
is given as being in the
metropolitan region. Such tax shall be collected by the Department of Revenue
for the Regional Transportation Authority. Such tax must be paid to the
State, or an exemption determination must be obtained from the Department
of Revenue, before the title or certificate of registration for the property
may be issued. The tax or proof of exemption may be transmitted to the Department
by way of the State agency with which, or State officer with whom, the tangible
personal property must be titled or registered if the Department and such
agency or State officer determine that this procedure will expedite the
processing of applications for title or registration. The Department shall
have full power to administer and enforce this paragraph; to collect all
taxes, penalties and interest due hereunder; to dispose of taxes, penalties
and interest so collected in the manner hereinafter provided, and to determine
all rights to credit memoranda or refunds arising on account of the erroneous
payment of tax, penalty or interest hereunder. In the administration of,
and compliance with, this paragraph, the Department and persons who are
subject to this paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same conditions, restrictions,
limitations, penalties and definitions of terms, and employ the same modes
of procedure, as are prescribed in Sections 2 and 4 (except provisions pertaining
to the State rate of tax; and with relation to the provisions of the Use
Tax Act referred to therein, except provisions concerning collection or
refunding of the tax by retailers, and except the provisions of Section 19
pertaining to claims by retailers and except the last paragraph concerning
refunds, and except that credit memoranda issued hereunder may not be used
to discharge any State tax liability) of the Automobile Renting Occupation
and Use Tax Act which are not inconsistent with
this paragraph, as fully as if provisions contained in those Sections of
said Act were set forth herein.
(c) Whenever the Department determines that a refund should be made under
this Section to a claimant instead of issuing a credit memorandum, the
Department
shall notify the State Comptroller, who shall cause the order to be drawn
for the amount specified, and to the person named, in such notification
from the Department. Such refund shall be paid by the State Treasurer out
of the Regional Transportation Authority tax fund created pursuant to Section
4.03 of this Act.
(d) The Department shall forthwith pay over to the State Treasurer, ex-officio,
as trustee, all taxes, penalties and interest collected under this Section.
On or before the 25th day of each calendar month, the Department shall prepare
and certify to the State Comptroller the amount to be paid to the Authority.
The State Department of Revenue shall also certify to the Authority the
amount of taxes collected in each County other than Cook County in the metropolitan
region less the amount necessary for the payment of refunds to taxpayers
in such County. With regard to the County of Cook, the certification shall
specify the amount of taxes collected within the City of Chicago less the
amount necessary for the payment of refunds to taxpayers in the City of
Chicago and the amount collected in that portion of Cook County outside
of Chicago less the amount necessary for the payment of refunds to taxpayers
in that portion of Cook County outside of Chicago. The amount to be paid
to the Authority shall be the amount (not including credit memoranda) collected
hereunder during the second preceding calendar month by the Department,
and not including an amount equal to the amount of refunds made
during the second preceding calendar month by the Department on behalf of
the Authority. Within 10 days after receipt, by the State Comptroller, of
the disbursement certification to the Authority, the State Comptroller shall
cause the orders to be drawn in accordance with the directions contained
in such certification.
(e) An ordinance imposing a tax hereunder or effecting a change in the
rate thereof shall be effective on the first day of the calendar month next
following the month in which such ordinance is passed. The Board shall transmit
to the Department of Revenue on or not later than 5 days after passage of
the ordinance a certified copy of the ordinance imposing such tax whereupon
the Department of Revenue shall proceed to administer and enforce this Section
on behalf of the Authority as of the effective date of the ordinance. Upon
a change in rate of a tax levied hereunder, or upon the discontinuance of
the tax, the Board shall, on or not later than 5 days after passage of the
ordinance discontinuing the tax or effecting a change in rate, transmit
to the Department of Revenue a certified copy of the ordinance effecting
such change or discontinuance.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(70 ILCS 3615/4.03.3)
Sec. 4.03.3. Distribution of Revenues. This Section applies only after the Department begins administering and enforcing an increased tax under Section 4.03(m) as authorized by this amendatory Act of the 95th General Assembly. After providing for payment of its obligations with respect to bonds and notes issued under the provisions of Section 4.04 and obligations related to those bonds and notes and separately accounting for the tax on aviation fuel deposited into the Local Government Aviation Trust Fund, the Authority shall disburse the remaining proceeds from taxes it has received from the Department of Revenue under this Article IV and the remaining proceeds it has received from the State under Section 4.09(a) as follows: (a) With respect to taxes imposed by the Authority under Section 4.03, after withholding 15% of 80% of the receipts from those taxes collected in Cook County at a rate of 1.25%, 15% of 75% of the receipts from those taxes collected in Cook County at the rate of 1%, 15% of one-half of the receipts from those taxes collected in DuPage, Kane, Lake, McHenry, and Will Counties, and 15% of money received by the Authority from the Regional Transportation Authority Occupation and Use Tax Replacement Fund or from the Regional Transportation Authority tax fund created in Section 4.03(n), the Board shall allocate the proceeds and money remaining to the Service Boards as follows:
(1) an amount equal to (i) 85% of 80% of the receipts | ||
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(2) an amount equal to (i) 85% of 80% of the receipts | ||
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(3) an amount equal to 85% of one-half of the | ||
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(b) Moneys received by the Authority on account of transfers to the Regional Transportation Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund shall be allocated among the Authority and the Service Boards as follows: 15% of such moneys shall be retained by the Authority and the remaining 85% shall be transferred to the Service Boards as soon as may be practicable after the Authority receives payment. Moneys which are distributable to the Service Boards pursuant to the preceding sentence shall be allocated among the Service Boards on the basis of each Service Board's distribution ratio. The term "distribution ratio" means, for purposes of this subsection (b), the ratio of the total amount distributed to a Service Board pursuant to subsection (a) of Section 4.03.3 for the immediately preceding calendar year to the total amount distributed to all of the Service Boards pursuant to subsection (a) of Section 4.03.3 for the immediately preceding calendar year.
(c)(i) 20% of the receipts from those taxes collected in Cook County under Section 4.03 at the rate of 1.25%, (ii) 25% of the receipts from those taxes collected in Cook County under Section 4.03 at the rate of 1%, (iii) 50% of the receipts from those taxes collected in DuPage, Kane, Lake, McHenry, and Will Counties under Section 4.03, and (iv) amounts received from the State under Section 4.09 (a)(2) and items (i), (ii), and (iii) of Section 4.09 (a)(3) shall be allocated as follows: the amount required to be deposited into the ADA Paratransit Fund described in Section 2.01d, the amount required to be deposited into the Suburban Community Mobility Fund described in Section 2.01e, and the amount required to be deposited into the Innovation, Coordination and Enhancement Fund described in Section 2.01c, and the balance shall be allocated 48% to the Chicago Transit Authority, 39% to the Commuter Rail Board, and 13% to the Suburban Bus Board.
(d) Amounts received from the State under Section 4.09 (a)(3)(iv) shall be distributed 100% to the Chicago Transit Authority.
(e) With respect to those taxes collected in DuPage, Kane, Lake, McHenry, and Will Counties and paid directly to the counties under Section 4.03, the County Board of each county shall use those amounts to fund operating and capital costs of public safety and public transportation services or facilities or to fund operating, capital, right-of-way, construction, and maintenance costs of other transportation purposes, including road, bridge, public safety, and transit purposes intended to improve mobility or reduce congestion in the county. The receipt of funding by such counties pursuant to this paragraph shall not be used as the basis for reducing any funds that such counties would otherwise have received from the State of Illinois, any agency or instrumentality thereof, the Authority, or the Service Boards.
(f) The Authority by ordinance adopted by 12 of its then Directors shall apportion to the Service Boards funds provided by the State of Illinois under Section 4.09(a)(1) as it shall determine and shall make payment of the amounts to each Service Board as soon as may be practicable upon their receipt provided the Authority has adopted a balanced budget as required by Section 4.01 and further provided the Service Board is in compliance with the requirements in Section 4.11.
(g) Beginning January 1, 2009, before making any payments, transfers, or expenditures under this Section to a Service Board, the Authority must first comply with Section 4.02a or 4.02b of this Act, whichever may be applicable.
(h) Moneys may be appropriated from the Public Transportation Fund to the Office of the Executive Inspector General for the costs incurred by the Executive Inspector General while serving as the inspector general for the Authority and each of the Service Boards. Beginning December 31, 2012, and each year thereafter, the Office of the Executive Inspector General shall annually report to the General Assembly the expenses incurred while serving as the inspector general for the Authority and each of the Service Boards.
(Source: P.A. 101-604, eff. 12-13-19.) |
(70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04) Sec. 4.04. Issuance and Pledge of Bonds and Notes. (a) The Authority shall have the continuing power to borrow money and to
issue its negotiable bonds or notes as provided in this Section. Unless
otherwise indicated in this Section, the term "notes" also includes bond
anticipation notes, which are notes which by their terms provide for
their payment from the proceeds of bonds thereafter to be issued. Bonds
or notes of the Authority may be issued for any or all of the following
purposes: to pay costs to the Authority or a Service Board of constructing
or acquiring any public transportation facilities (including funds and
rights relating thereto, as provided in Section 2.05 of this Act); to repay
advances to the Authority or a Service Board made for such purposes; to pay
other expenses of the Authority or a Service Board incident to or incurred
in connection with such construction or acquisition; to provide funds for
any transportation agency to pay principal
of or interest or redemption premium on any bonds or notes, whether
as such amounts become due or by earlier redemption, issued prior to the
date of this amendatory Act by such transportation agency to construct or
acquire public transportation facilities or to provide funds to purchase
such bonds or notes; and to provide funds for any transportation agency to
construct or acquire any public transportation facilities, to repay
advances made for such purposes, and to pay other expenses incident to
or incurred in connection with such construction or acquisition; and to
provide funds for payment of obligations, including the funding of reserves,
under any self-insurance plan or joint self-insurance pool or entity. In addition to any other borrowing as may be authorized by this Section,
the Authority may issue its notes, from time to time, in anticipation of
tax receipts of the Authority or of other
revenues or receipts of the Authority, in order to provide money for the
Authority or the Service Boards to cover any cash flow deficit which
the Authority or a Service Board anticipates incurring. Any such notes
are referred to in this Section as "Working Cash Notes". No Working
Cash Notes shall be issued for a term of longer than 24
months.
Proceeds of Working Cash Notes may be used to pay day to day operating
expenses of the Authority or the Service Boards, consisting of wages,
salaries, and fringe benefits, professional and technical services
(including legal, audit, engineering, and other consulting services), office
rental, furniture, fixtures and equipment, insurance premiums, claims for
self-insured amounts under insurance policies, public utility
obligations for telephone, light, heat and similar items, travel expenses,
office supplies, postage, dues, subscriptions, public hearings and information
expenses, fuel purchases, and payments of grants and payments under purchase
of service agreements for operations of transportation agencies, prior to
the receipt by the Authority or a Service Board from time to time of
funds for paying such expenses. In addition to any Working Cash Notes
that the Board of the Authority may determine to issue, the Suburban Bus
Board, the Commuter Rail Board or the Board of the Chicago Transit Authority
may demand and direct that the Authority issue its Working Cash Notes in
such amounts and having such maturities as the Service Board may determine. Notwithstanding any other provision of this Act, any amounts necessary to
pay principal of and interest on any
Working Cash Notes issued at the demand
and direction of a Service Board or any Working Cash Notes the proceeds of
which were used for the direct benefit of a Service Board or any other
Bonds or Notes of the Authority the proceeds of which were used for the
direct benefit of a Service Board shall constitute a reduction of the amount
of any other funds provided by the Authority to that Service
Board. The Authority shall, after deducting any costs of issuance, tender
the net proceeds of any Working Cash Notes issued at the demand and
direction of a Service Board to such Service Board as soon as may be
practicable after the proceeds are received. The Authority may also issue
notes or bonds to pay, refund or redeem any of its notes and bonds,
including to pay redemption premiums or accrued interest on such bonds or
notes being renewed, paid or refunded, and other costs in connection
therewith. The Authority may also utilize the proceeds of any such bonds or
notes to pay the legal, financial, administrative and other expenses of
such authorization, issuance, sale or delivery of bonds or notes or to
provide or increase a debt service reserve fund with respect to any or all
of its bonds or notes. The Authority may also issue and deliver
its bonds or notes in exchange for any public transportation facilities,
(including funds and rights relating thereto, as provided in Section
2.05 of this Act) or in exchange for outstanding bonds or notes of the
Authority, including any accrued interest or redemption premium thereon,
without advertising or submitting such notes or bonds for public bidding. (b) The ordinance providing for the issuance of any such bonds or
notes shall fix the date or dates of maturity, the dates on which
interest is payable, any sinking fund account or reserve fund account
provisions and all other details of such bonds or notes and may provide
for such covenants or agreements necessary or desirable with regard to
the issue, sale and security of such bonds or notes. The rate or rates of
interest on its bonds or notes may be fixed or variable and the Authority
shall determine or provide for the determination of the rate or
rates of interest of its bonds or notes
issued under this Act in an ordinance adopted by the Authority prior to
the issuance thereof, none of which rates of interest shall exceed
that permitted in the Bond Authorization Act. Interest may be payable at such times as are provided for
by the Board. Bonds and notes issued under this Section may
be issued as serial or term obligations, shall be of such denomination
or denominations and form, including interest coupons to be attached
thereto, be executed in such manner, shall be payable at such place or
places and bear such date as the Authority shall fix by the ordinance
authorizing such bond or note and shall mature at such time or times,
within a period not to exceed forty years from the date of issue, and
may be redeemable prior to maturity with or without premium, at the
option of the Authority, upon such terms and conditions as the Authority
shall fix by the ordinance authorizing the issuance of such bonds or
notes. No bond anticipation note or any renewal thereof shall mature at
any time or times exceeding 5 years from the date of the first issuance
of such note. The Authority may provide for the registration of bonds or
notes in the name of the owner as to the principal alone or as to both
principal and interest, upon such terms and conditions as the Authority
may determine. The ordinance authorizing bonds or notes may provide for
the exchange of such bonds or notes which are fully registered, as to
both principal and interest, with bonds or notes which are registerable
as to principal only. All bonds or notes issued under this Section by
the Authority other than those issued in exchange for property or for
bonds or notes of the Authority shall be sold at a price which may be at
a premium or discount but such that the interest cost (excluding any
redemption premium) to the Authority of the proceeds of an issue of such
bonds or notes, computed to stated maturity according to standard tables
of bond values, shall not exceed that permitted in the Bond Authorization
Act. The Authority shall notify
the
Governor's Office of Management and Budget and the State Comptroller at least 30 days
before any bond sale and shall file with the
Governor's Office of Management and Budget and the
State Comptroller a certified copy of any ordinance authorizing the issuance
of bonds at or before the issuance of the bonds.
After December 31, 1994, any such bonds or notes shall be sold
to the highest and best bidder on sealed bids as the Authority shall deem.
As such bonds or notes are to be sold the Authority shall advertise for
proposals to purchase the bonds or notes which advertisement shall be published
at least once in a daily newspaper of general circulation published in the
metropolitan region at least 10 days before the time set for the submission
of bids. The Authority shall have the right to reject any or all bids.
Notwithstanding any other provisions of this Section, Working Cash Notes or
bonds or notes to provide funds for self-insurance or a joint self-insurance
pool or entity may be sold either upon competitive bidding or by negotiated
sale
(without any requirement of publication of intention to negotiate the sale
of such Notes), as the Board shall determine by ordinance adopted with the
affirmative votes of at least 9
Directors. In case any officer whose signature
appears on any bonds, notes or coupons authorized pursuant to this
Section shall cease to be such officer before delivery of such bonds or
notes, such signature shall nevertheless be valid and sufficient for all
purposes, the same as if such officer had remained in office until such
delivery. Neither the Directors of the Authority nor any person
executing any bonds or notes thereof shall be liable personally on any
such bonds or notes or coupons by reason of the issuance thereof. (c) All bonds or notes of the Authority issued pursuant to this Section
shall be general obligations
of the Authority to which shall be pledged the full faith and credit of the
Authority, as provided in this Section. Such bonds or notes
shall be secured
as provided in the authorizing ordinance, which may, notwithstanding any other
provision of this Act, include in addition to any other security, a specific
pledge or assignment of and lien on or security interest in any or all tax
receipts of the Authority and on any or all other revenues or moneys of the
Authority from whatever source, which may by law be utilized for debt
service purposes and a specific pledge or assignment of and lien on or security
interest in any funds or accounts established or provided for by the ordinance
of the Authority authorizing the issuance of such bonds or notes. Any such
pledge, assignment, lien, or security interest for the benefit of holders of
bonds or notes of the Authority shall be valid and binding from the time the
bonds or notes are issued without any physical delivery or further act
and shall be valid and binding as against and prior to the claims of all
other parties having claims of any kind against the Authority or any other
person irrespective of whether such other parties have notice of such pledge,
assignment, lien, or security interest. The obligations of the Authority
incurred pursuant to this Section shall be superior to and have priority over
any other obligations of the Authority. The Authority may provide in the
ordinance authorizing the issuance of any bonds or notes issued pursuant to
this Section for the creation of, deposits in, and regulation and disposition
of sinking fund or reserve accounts relating to such bonds or notes. The
ordinance authorizing the issuance of any bonds or notes pursuant to this
Section may contain provisions as part of the contract with the holders
of the bonds or notes, for the creation of a separate fund to provide
for the payment of principal and interest on such bonds or notes
and for the deposit in such fund from any or all the tax receipts of the
Authority and from any or all such other moneys or revenues of the
Authority from whatever source which may by law be utilized for debt
service purposes, all as provided in such ordinance, of amounts to meet
the debt service requirements on such bonds or notes, including
principal and interest, and any sinking fund or reserve fund account
requirements as may be provided by such ordinance, and all expenses
incident to or in connection with such fund and accounts or the payment
of such bonds or notes.
Such ordinance may also provide limitations on the issuance of additional
bonds or notes of the Authority. No such bonds or notes of the Authority
shall constitute a debt of the State of Illinois. Nothing in this Act shall
be construed to enable the Authority to impose any ad valorem tax on property. (d) The ordinance of the Authority authorizing the issuance of any bonds
or notes may provide additional security for such bonds or notes by providing
for appointment of a corporate trustee (which may be any trust company or
bank having the powers of a trust company within the state) with respect
to such bonds or notes. The ordinance shall prescribe the rights, duties,
and powers of the trustee to be exercised for the benefit of the Authority
and the protection of the holders of such bonds or notes. The ordinance
may provide for the trustee to hold in trust, invest, and use amounts in
funds and accounts created as provided by the ordinance with respect to
the bonds or notes. The ordinance may provide for the assignment and direct
payment to the trustee of any or all amounts produced from the sources
provided in Section 4.03 and Section 4.09 of this Act and provided in Section 6z-17 of the State Finance Act.
Upon receipt of notice of any such assignment, the Department of Revenue and
the Comptroller of the State of Illinois shall thereafter, notwithstanding the
provisions of Section 4.03 and Section 4.09 of this Act and Section 6z-17 of the State Finance Act, provide for such
assigned amounts to be paid directly to the trustee instead of the Authority,
all in accordance with the terms of the ordinance making the assignment. The
ordinance shall provide that
amounts so paid to the trustee which are not required to be deposited, held
or invested in funds and accounts created by the ordinance with respect
to bonds or notes or used for paying bonds or notes to be paid by the trustee
to the Authority. (e) Any bonds or notes of the Authority issued pursuant to this
Section shall constitute a contract between the Authority and the
holders from time to time of such bonds or notes. In issuing any bond or
note, the Authority may include in the ordinance authorizing such issue
a covenant as part of the contract with the holders of the bonds or
notes, that as long as such obligations are outstanding, it shall make
such deposits, as provided in paragraph (c) of this Section. It may also
so covenant that it shall impose and continue to impose taxes, as
provided in Section 4.03 of this Act and in addition thereto as
subsequently authorized by law, sufficient to make such deposits and pay
the principal and interest and to meet other debt service requirements
of such bonds or notes as they become due. A certified copy of the
ordinance authorizing the issuance of any such obligations shall be
filed at or prior to the issuance of such obligations with the Comptroller
of the State of Illinois and the Illinois Department of Revenue. (f) The State of Illinois pledges to and agrees with the holders of
the bonds and notes of the Authority issued pursuant to this Section
that the State will not limit or alter the rights and powers vested in
the Authority by this Act so as to impair the terms of any contract made
by the Authority with such holders or in any way impair the rights and
remedies of such holders until such bonds and notes, together with
interest thereon, with interest on any unpaid installments of interest,
and all costs and expenses in connection with any action or proceedings
by or on behalf of such holders, are fully met and discharged. In
addition, the State pledges to and agrees with the holders of the bonds
and notes of the Authority issued pursuant to this Section that the
State will not limit or alter the basis on which State funds are to be
paid to the Authority as provided in this Act, or the use of such funds,
so as to impair the terms of any such contract. The Authority is
authorized to include these pledges and agreements of the State in any
contract with the holders of bonds or notes issued pursuant to this
Section. (g)(1) Except as provided in subdivisions (g)(2) and (g)(3) of Section
4.04 of this Act, the Authority shall not at any time issue, sell or deliver
any bonds or notes (other than Working Cash Notes and lines of credit) pursuant to this Section
4.04 which will cause
it to have issued and outstanding at any time in excess of $800,000,000 of such
bonds and notes (other than Working Cash Notes and lines of credit).
The Authority shall not issue, sell, or deliver any Working Cash Notes or establish a line of credit pursuant to this Section that will cause it to have issued and outstanding at any time in excess of $100,000,000. However, the Authority may issue, sell, and deliver additional Working Cash Notes or establish a line of credit before July 1, 2022 that are over and above and in addition to the $100,000,000 authorization such that the outstanding amount of these additional Working Cash Notes and lines of credit does not exceed at any time $300,000,000.
Bonds or notes which are being paid or retired by
such issuance, sale or delivery of bonds or notes, and bonds or notes for
which sufficient funds have been deposited with the paying agency of
such bonds or notes to provide for payment of principal and interest
thereon or to provide for the redemption thereof, all pursuant to the
ordinance authorizing the issuance of such bonds or notes, shall not be
considered to be outstanding for the purposes of this subsection. (2) In addition to the authority provided by paragraphs
(1) and (3), the Authority is authorized to issue, sell, and deliver bonds
or notes for Strategic Capital Improvement Projects approved pursuant to
Section 4.13 as follows: $100,000,000 is authorized to be issued on or after | ||
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an additional $100,000,000 is authorized to be issued | ||
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an additional $100,000,000 is authorized to be issued | ||
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an additional $100,000,000 is authorized to be issued | ||
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an additional $100,000,000 is authorized to be issued | ||
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the aggregate total authorization of bonds and notes | ||
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The Authority is also authorized to issue, sell, and deliver bonds or
notes in such amounts as are necessary to provide for the refunding or advance
refunding of bonds or notes issued for Strategic Capital Improvement Projects
under this subdivision (g)(2), provided that no such refunding bond or note
shall mature later than the final maturity date of the series of bonds or notes
being refunded, and provided further that the debt service requirements for
such refunding bonds or notes in the current or any future fiscal year shall
not exceed the debt service requirements for that year on the refunded bonds
or notes. (3) In addition to the authority provided by paragraphs (1) and (2),
the Authority is authorized to issue, sell, and deliver bonds or notes for
Strategic Capital Improvement Projects approved pursuant to Section 4.13 as
follows: $260,000,000 is authorized to be issued on or after | ||
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an additional $260,000,000 is authorized to be issued | ||
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an additional $260,000,000 is authorized to be issued | ||
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an additional $260,000,000 is authorized to be issued | ||
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an additional $260,000,000 is authorized to be issued | ||
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the aggregate total authorization of bonds and notes | ||
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The Authority is also authorized to issue, sell, and deliver bonds or notes
in such amounts as are necessary to provide for the refunding or advance
refunding of bonds or notes issued for Strategic Capital Improvement projects
under this subdivision (g)(3), provided that no such refunding bond or note
shall mature later than the final maturity date of the series of bonds or notes
being refunded, and provided further that the debt service requirements for
such refunding bonds or notes in the current or any future fiscal year shall
not exceed the debt service requirements for that year on the refunded bonds or
notes. (h) The Authority, subject to the terms of any agreements with noteholders
or bond holders as may then exist, shall have power, out of any funds
available therefor, to purchase notes or bonds of the Authority, which
shall thereupon be cancelled. (i) In addition to any other authority granted by law, the State Treasurer
may, with the approval of the Governor, invest or reinvest, at a price not
to exceed par, any State money in the State Treasury which is not needed
for current expenditures due or about to become due in Working Cash Notes. In the event of a default on a Working Cash Note issued by the Regional Transportation Authority in which State money in the State treasury was invested, the Treasurer may, after giving notice to the Authority, certify to the Comptroller the amounts of the defaulted Working Cash Note, in accordance with any applicable rules of the Comptroller, and the Comptroller must deduct and remit to the State treasury the certified amounts or a portion of those amounts from the following proportions of payments of State funds to the Authority: (1) in the first year after default, one-third of | ||
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(2) in the second year after default, two-thirds of | ||
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(3) in the third year after default and for each | ||
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(j) The Authority may establish a line of credit with a bank or other financial institution as may be evidenced by the issuance of notes or other obligations, secured by and payable from all tax receipts of the Authority and any or all other revenues or moneys of the Authority, in an amount not to exceed the limitations set forth in paragraph (1) of subsection (g). Money borrowed under this subsection (j) shall be used to provide money for the Authority or the Service Boards to cover any cash flow deficit that the Authority or a Service Board anticipates incurring and shall be repaid within 24 months. Before establishing a line of credit under this subsection (j), the Authority shall authorize the line of credit by ordinance. The ordinance shall set forth facts demonstrating the need for the line of credit, state the amount to be borrowed, establish a maximum interest rate limit not to exceed the maximum rate authorized by the Bond Authorization Act, and provide a date by which the borrowed funds shall be repaid. The ordinance shall authorize and direct the relevant officials to make arrangements to set apart and hold, as applicable, the moneys that will be used to repay the borrowing. In addition, the ordinance may authorize the relevant officials to make partial repayments on the line of credit as the moneys become available and may contain any other terms, restrictions, or limitations desirable or necessary to give effect to this subsection (j). The Authority shall notify the Governor's Office of Management and Budget and the State Comptroller at least 30 days before establishing a line of credit and shall file with the Governor's Office of Management and Budget and the State Comptroller a certified copy of any ordinance authorizing the establishment of a line of credit upon or before establishing the line of credit. Moneys borrowed under a line of credit pursuant to this subsection (j) are general obligations of the Authority that are secured by the full faith and credit of the Authority. (Source: P.A. 101-485, eff. 8-23-19; 102-558, eff. 8-20-21.) |
(70 ILCS 3615/4.05) (from Ch. 111 2/3, par. 704.05)
Sec. 4.05.
Financial Statements and Annual Reports.
Within six months after the end of each fiscal year, the Board shall
prepare a complete and detailed report consolidating the audits of the
Service Boards and reviewing the State of the Authority, the Service Boards,
and of the public transportation provided by the various Service Boards
and transportation
agencies. The report shall include evaluations of public transportation in
the metropolitan region and of the Authority's activities, and financial
statements of the Authority's and the Service Boards' revenues and expenditures
for such year and
of their assets and liabilities, which financial statements shall have been
audited by an independent certified public accountant. The report shall
also set forth the financial results as reported to the Service Boards from each
transportation agency which during such year had a purchase of service
agreement with a Service Board or which received financial
grants or
financial assistance from a Service Board, such results
to be set forth
separately for each such agency. A sufficient
number of copies of each annual report shall be printed for distribution to
anyone, upon request, and a copy thereof shall be filed with the Governor,
the State Comptroller, the Speaker and Minority Leader of the Illinois
House of Representatives, the President and Minority Leader of the Illinois
Senate, the Mayor of the City of Chicago and the President or Chairman of
the county board of each county in the metropolitan region, each Service
Board, and with each
transportation agency which during such year had a purchase of service
agreement with a Service Board or which received financial
grants or other
financial assistance from a Service Board.
(Source: P.A. 83-1362.)
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(70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06)
(Text of Section before amendment by P.A. 103-654)
Sec. 4.06. Public bidding.
(a) The Board shall adopt regulations to ensure
that the acquisition by the Authority or a Service Board
other than the Chicago Transit Authority of services or public
transportation facilities (other than real estate) involving a cost of more
than the small purchase threshold set by the Federal Transit Administration and the disposition of all property of the Authority or a
Service Board other than the Chicago Transit Authority shall be after
public notice and with public bidding. The Board shall adopt regulations to ensure that the construction, demolition, rehabilitation, renovation, and building maintenance projects by the Authority or a Service Board other than the Chicago Transit Authority for services or public transportation facilities involving a cost of more than $40,000 shall be after public notice and with public bidding. Such regulations may provide for
exceptions to such requirements for acquisition of repair parts, accessories,
equipment or services previously furnished or contracted for; for the
immediate delivery of supplies, material or equipment or performance of
service when it is determined by the concurrence of two-thirds of the then
Directors that an emergency requires immediate delivery or supply thereof;
for goods or services that are economically procurable from only one
source; for contracts for the maintenance or servicing of equipment which
are made with the manufacturers or authorized service agent of that
equipment where the maintenance or servicing can best be performed by the
manufacturer or authorized service agent or such a contract would be
otherwise advantageous to the Authority or a Service Board, other
than the Chicago Transit Authority, except that the exceptions in this
clause shall not apply to contracts for plumbing, heating, piping,
refrigeration and automatic temperature control systems, ventilating and
distribution systems for conditioned air, and electrical wiring; for goods
or services procured from another governmental agency; for purchases and
contracts for the use or purchase of data processing equipment and data
processing systems software; for the acquisition of professional or
utility services; and for the acquisition of public transportation
equipment including, but not limited to, rolling stock, locomotives and
buses, provided that: (i) it is determined by a vote of 2/3 of the then
Directors of the Service Board making the acquisition that a negotiated
acquisition offers opportunities with respect to the cost or financing of
the equipment, its delivery, or the performance of a portion of the work
within the State or the use of goods produced or
services provided within the State; (ii) a notice of intention to negotiate
for the acquisition of such public transportation equipment is published in
a newspaper of general circulation within the City of Chicago inviting
proposals from qualified vendors; and (iii) any contract with respect to
such acquisition is authorized by a vote of 2/3 of the then Directors of
the Service Board making the acquisition. The requirements set forth
in this Section shall not apply to purchase of service
agreements or other
contracts, purchases or sales entered into by the Authority with any
transportation agency or unit of local government.
(b) (1) In connection with two-phase design/build selection procedures
authorized in this Section, a Service Board may authorize, by
the affirmative vote of two-thirds of the then members of the
Service Board, the use of competitive selection and the prequalification of
responsible bidders consistent with applicable federal regulations and this
subsection (b).
(2) Two-phase design/build selection procedures shall | ||
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(i) A Service Board shall develop, through | ||
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(ii) The evaluation factors to be used in | ||
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(iii) On the basis of the phase-one proposal the | ||
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(iv) A design/build solicitation issued under the | ||
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(v) All designs submitted as part of the | ||
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(Source: P.A. 100-523, eff. 9-22-17.)
(Text of Section after amendment by P.A. 103-654) Sec. 4.06. Public bidding. (a) The Board shall adopt regulations to ensure that the acquisition by the Authority or a Service Board other than the Chicago Transit Authority of services or public transportation facilities (other than real estate) involving a cost of more than the small purchase threshold set by the Federal Transit Administration and the disposition of all property of the Authority or a Service Board other than the Chicago Transit Authority shall be after public notice and with public bidding. The Board shall adopt regulations to ensure that the construction, demolition, rehabilitation, renovation, and building maintenance projects by the Authority or a Service Board other than the Chicago Transit Authority for services or public transportation facilities involving a cost of more than $40,000 shall be after public notice and with public bidding. Such regulations may provide for exceptions to such requirements for acquisition of repair parts, accessories, equipment or services previously furnished or contracted for; for the immediate delivery of supplies, material or equipment or performance of service when it is determined by the concurrence of two-thirds of the then Directors that an emergency requires immediate delivery or supply thereof; for goods or services that are economically procurable from only one source; for contracts for the maintenance or servicing of equipment which are made with the manufacturers or authorized service agent of that equipment where the maintenance or servicing can best be performed by the manufacturer or authorized service agent or such a contract would be otherwise advantageous to the Authority or a Service Board, other than the Chicago Transit Authority, except that the exceptions in this clause shall not apply to contracts for plumbing, heating, piping, refrigeration and automatic temperature control systems, ventilating and distribution systems for conditioned air, and electrical wiring; for goods or services procured from another governmental agency; for purchases and contracts for the use or purchase of data processing equipment and data processing systems software; for the acquisition of professional or utility services; and for the acquisition of public transportation equipment including, but not limited to, rolling stock, locomotives and buses, provided that: (i) it is determined by a vote of 2/3 of the then Directors of the Service Board making the acquisition that a negotiated acquisition offers opportunities with respect to the cost or financing of the equipment, its delivery, or the performance of a portion of the work within the State or the use of goods produced or services provided within the State; (ii) a notice of intention to negotiate for the acquisition of such public transportation equipment is published in a newspaper of general circulation within the City of Chicago inviting proposals from qualified vendors; and (iii) any contract with respect to such acquisition is authorized by a vote of 2/3 of the then Directors of the Service Board making the acquisition. The requirements set forth in this Section shall not apply to purchase of service agreements or other contracts, purchases or sales entered into by the Authority with any transportation agency or unit of local government. (b) (1) In connection with two-phase design/build selection procedures authorized in this Section, a Service Board may authorize, by the affirmative vote of two-thirds of the then members of the Service Board, the use of competitive selection and the prequalification of responsible bidders consistent with applicable federal regulations and this subsection (b). (2) Two-phase design/build selection procedures shall | ||
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(i) A Service Board shall develop, through | ||
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(ii) The evaluation factors to be used in | ||
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(iii) On the basis of the phase-one proposal the | ||
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(iv) A design/build solicitation issued under the | ||
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(v) All designs submitted as part of the | ||
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(c) The Regional Transportation Authority and the Service Boards may donate rolling stock, including locomotives and equipment, to museums in this State that are not-for-profit corporations under Section 501(c)(3) of the Internal Revenue Code of 1986. (Source: P.A. 103-654, eff. 1-1-25.) |
(70 ILCS 3615/4.07) (from Ch. 111 2/3, par. 704.07)
Sec. 4.07.
Bonds, Notes and Certificates to be Legal Investments.
The State, all units of local government, all public officers, banks,
bankers, trust companies, savings banks and institutions, building and loan
associations, savings and loan associations, investment companies and other
persons carrying on a banking business, insurance companies, insurance
associations and other persons carrying on an insurance business, and all
executors, administrators, guardians, trustees and other fiduciaries may
legally invest any sinking funds, monies or other funds belonging to them
or within their control in any bonds, notes or equipment trust certificates
issued pursuant to this Act, it being the purpose of this Section to
authorize the investment in such bonds, notes or certificates of all
sinking, insurance, retirement, compensation, pension and trust funds,
whether owned or controlled by private or public persons or officers:
provided, however, that nothing contained in this Section may be construed
as relieving any person, firm or corporation from any duty of exercising
reasonable care in selecting securities for purchase or investment.
(Source: P.A. 78-3rd S.S.-5.)
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(70 ILCS 3615/4.08) (from Ch. 111 2/3, par. 704.08)
Sec. 4.08.
Exemption from Taxation.
The Authority and the Service Boards shall be exempt from all State
and unit of local
government taxes and registration and license fees other than as required
for motor vehicle registration in accordance with the "Illinois Vehicle
Code", as now or hereafter amended. All property of the Authority and
the Service Boards is
declared to be public property devoted to an essential public and
governmental function and purpose and shall be exempt from all taxes and
special assessments of the State, any subdivision thereof, or any unit of
local government.
(Source: P.A. 83-886.)
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(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09) Sec. 4.09. Public Transportation Fund and the Regional Transportation Authority Occupation and Use Tax Replacement Fund. (a)(1) Except as otherwise provided in paragraph (4), as soon as possible after the first day of each month, beginning July 1, 1984, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to a special fund in the State Treasury to be known as the Public Transportation Fund an amount equal to 25% of the net revenue, before the deduction of the serviceman and retailer discounts pursuant to Section 9 of the Service Occupation Tax Act and Section 3 of the Retailers' Occupation Tax Act, realized from any tax imposed by the Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the amounts deposited into the Regional Transportation Authority tax fund created by Section 4.03 of this Act, from the County and Mass Transit District Fund as provided in Section 6z-20 of the State Finance Act and 25% of the amounts deposited into the Regional Transportation Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund as provided in Section 6z-17 of the State Finance Act. On the first day of the month following the date that the Department receives revenues from increased taxes under Section 4.03(m) as authorized by Public Act 95-708, in lieu of the transfers authorized in the preceding sentence, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund an amount equal to 25% of the net revenue, before the deduction of the serviceman and retailer discounts pursuant to Section 9 of the Service Occupation Tax Act and Section 3 of the Retailers' Occupation Tax Act, realized from (i) 80% of the proceeds of any tax imposed by the Authority at a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any tax imposed by the Authority at the rate of 1% in Cook County, and (iii) one-third of the proceeds of any tax imposed by the Authority at the rate of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and Will, all pursuant to Section 4.03, and 25% of the net revenue realized from any tax imposed by the Authority pursuant to Section 4.03.1, and 25% of the amounts deposited into the Regional Transportation Authority tax fund created by Section 4.03 of this Act from the County and Mass Transit District Fund as provided in Section 6z-20 of the State Finance Act, and 25% of the amounts deposited into the Regional Transportation Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund as provided in Section 6z-17 of the State Finance Act. As used in this Section, net revenue realized for a month shall be the revenue collected by the State pursuant to Sections 4.03 and 4.03.1 during the previous month from within the metropolitan region, less the amount paid out during that same month as refunds to taxpayers for overpayment of liability in the metropolitan region under Sections 4.03 and 4.03.1. Notwithstanding any provision of law to the contrary, beginning on July 6, 2017 (the effective date of Public Act 100-23), those amounts required under this paragraph (1) of subsection (a) to be transferred by the Treasurer into the Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Public Transportation Fund as the revenues are realized from the taxes indicated. (2) Except as otherwise provided in paragraph (4), on February 1, 2009 (the first day of the month following the effective date of Public Act 95-708) and each month thereafter, upon certification by the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund an amount equal to 5% of the net revenue, before the deduction of the serviceman and retailer discounts pursuant to Section 9 of the Service Occupation Tax Act and Section 3 of the Retailers' Occupation Tax Act, realized from any tax imposed by the Authority pursuant to Sections 4.03 and 4.03.1 and certified by the Department of Revenue under Section 4.03(n) of this Act to be paid to the Authority and 5% of the amounts deposited into the Regional Transportation Authority tax fund created by Section 4.03 of this Act from the County and Mass Transit District Fund as provided in Section 6z-20 of the State Finance Act, and 5% of the amounts deposited into the Regional Transportation Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund as provided in Section 6z-17 of the State Finance Act, and 5% of the revenue realized by the Chicago Transit Authority as financial assistance from the City of Chicago from the proceeds of any tax imposed by the City of Chicago under Section 8-3-19 of the Illinois Municipal Code. Notwithstanding any provision of law to the contrary, beginning on July 6, 2017 (the effective date of Public Act 100-23), those amounts required under this paragraph (2) of subsection (a) to be transferred by the Treasurer into the Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Public Transportation Fund as the revenues are realized from the taxes indicated. (3) Except as otherwise provided in paragraph (4), as soon as possible after the first day of January, 2009 and each month thereafter, upon certification of the Department of Revenue with respect to the taxes collected under Section 4.03, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund an amount equal to 25% of the net revenue, before the deduction of the serviceman and retailer discounts pursuant to Section 9 of the Service Occupation Tax Act and Section 3 of the Retailers' Occupation Tax Act, realized from (i) 20% of the proceeds of any tax imposed by the Authority at a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any tax imposed by the Authority at the rate of 1% in Cook County, and (iii) one-third of the proceeds of any tax imposed by the Authority at the rate of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and Will, all pursuant to Section 4.03, and the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund (iv) an amount equal to 25% of the revenue realized by the Chicago Transit Authority as financial assistance from the City of Chicago from the proceeds of any tax imposed by the City of Chicago under Section 8-3-19 of the Illinois Municipal Code. Notwithstanding any provision of law to the contrary, beginning on July 6, 2017 (the effective date of Public Act 100-23), those amounts required under this paragraph (3) of subsection (a) to be transferred by the Treasurer into the Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Public Transportation Fund as the revenues are realized from the taxes indicated. (4) Notwithstanding any provision of law to the contrary, for the State fiscal year beginning July 1, 2024 and each State fiscal year thereafter, the first $150,000,000 that would have otherwise been transferred from the General Revenue Fund and deposited into the Public Transportation Fund as provided in paragraphs (1), (2), and (3) of this subsection (a) shall instead be transferred from the Road Fund by the Treasurer upon certification by the Department of Revenue and order of the Comptroller. For the State fiscal year beginning July 1, 2024, only, the next $75,000,000 that would have otherwise been transferred from the General Revenue Fund and deposited into the Public Transportation Fund as provided in paragraphs (1), (2), and (3) of this subsection (a) shall instead be transferred from the Road Fund and deposited into the Public Transportation Fund by the Treasurer upon certification by the Department of Revenue and order of the Comptroller. The funds authorized and transferred pursuant to this amendatory Act of the 103rd General Assembly are not intended or planned for road construction projects. For the State fiscal year beginning July 1, 2024, only, the next $50,000,000 that would have otherwise been transferred from the General Revenue Fund and deposited into the Public Transportation Fund as provided in paragraphs (1), (2), and (3) of this subsection (a) shall instead be transferred from the Underground Storage Tank Fund and deposited into the Public Transportation Fund by the Treasurer upon certification by the Department of Revenue and order of the Comptroller. The remaining balance shall be deposited each State fiscal year as otherwise provided in paragraphs (1), (2), and (3) of this subsection (a). (5) (Blank). (6) (Blank). (7) For State fiscal year 2020 only, notwithstanding any provision of law to the contrary, the total amount of revenue and deposits under this Section attributable to revenues realized during State fiscal year 2020 shall be reduced by 5%. (8) For State fiscal year 2021 only, notwithstanding any provision of law to the contrary, the total amount of revenue and deposits under this Section attributable to revenues realized during State fiscal year 2021 shall be reduced by 5%. (b)(1) All moneys deposited in the Public Transportation Fund and the Regional Transportation Authority Occupation and Use Tax Replacement Fund, whether deposited pursuant to this Section or otherwise, are allocated to the Authority, except for amounts appropriated to the Office of the Executive Inspector General as authorized by subsection (h) of Section 4.03.3 and amounts transferred to the Audit Expense Fund pursuant to Section 6z-27 of the State Finance Act. The Comptroller, as soon as possible after each monthly transfer provided in this Section and after each deposit into the Public Transportation Fund, shall order the Treasurer to pay to the Authority out of the Public Transportation Fund the amount so transferred or deposited. Any Additional State Assistance and Additional Financial Assistance paid to the Authority under this Section shall be expended by the Authority for its purposes as provided in this Act. The balance of the amounts paid to the Authority from the Public Transportation Fund shall be expended by the Authority as provided in Section 4.03.3. The Comptroller, as soon as possible after each deposit into the Regional Transportation Authority Occupation and Use Tax Replacement Fund provided in this Section and Section 6z-17 of the State Finance Act, shall order the Treasurer to pay to the Authority out of the Regional Transportation Authority Occupation and Use Tax Replacement Fund the amount so deposited. Such amounts paid to the Authority may be expended by it for its purposes as provided in this Act. The provisions directing the distributions from the Public Transportation Fund and the Regional Transportation Authority Occupation and Use Tax Replacement Fund provided for in this Section shall constitute an irrevocable and continuing appropriation of all amounts as provided herein. The State Treasurer and State Comptroller are hereby authorized and directed to make distributions as provided in this Section. (2) Provided, however, no moneys deposited under subsection (a) of this Section shall be paid from the Public Transportation Fund to the Authority or its assignee for any fiscal year until the Authority has certified to the Governor, the Comptroller, and the Mayor of the City of Chicago that it has adopted for that fiscal year an Annual Budget and Two-Year Financial Plan meeting the requirements in Section 4.01(b). (c) In recognition of the efforts of the Authority to enhance the mass transportation facilities under its control, the State shall provide financial assistance ("Additional State Assistance") in excess of the amounts transferred to the Authority from the General Revenue Fund under subsection (a) of this Section. Additional State Assistance shall be calculated as provided in subsection (d), but shall in no event exceed the following specified amounts with respect to the following State fiscal years: | ||||||||||||||||||||
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(c-5) The State shall provide financial assistance ("Additional Financial Assistance") in addition to the Additional State Assistance provided by subsection (c) and the amounts transferred to the Authority from the General Revenue Fund under subsection (a) of this Section. Additional Financial Assistance provided by this subsection shall be calculated as provided in subsection (d), but shall in no event exceed the following specified amounts with respect to the following State fiscal years: | ||||||||||||||||||||
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(d) Beginning with State fiscal year 1990 and continuing for each State fiscal year thereafter, the Authority shall annually certify to the State Comptroller and State Treasurer, separately with respect to each of subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act, the following amounts: (1) The amount necessary and required, during the | ||||||||||||||||||||
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(2) An estimate of the amount necessary and required | ||||||||||||||||||||
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(3) Its debt service savings during the preceding | ||||||||||||||||||||
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(4) The amount of interest, if any, earned by the | ||||||||||||||||||||
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The certification shall include a specific schedule of debt service payments, including the date and amount of each payment for all outstanding bonds or notes and an estimated schedule of anticipated debt service for all bonds and notes it intends to issue, if any, during that State fiscal year, including the estimated date and estimated amount of each payment. Immediately upon the issuance of bonds for which an estimated schedule of debt service payments was prepared, the Authority shall file an amended certification with respect to item (2) above, to specify the actual schedule of debt service payments, including the date and amount of each payment, for the remainder of the State fiscal year. On the first day of each month of the State fiscal year in which there are bonds outstanding with respect to which the certification is made, the State Comptroller shall order transferred and the State Treasurer shall transfer from the Road Fund to the Public Transportation Fund the Additional State Assistance and Additional Financial Assistance in an amount equal to the aggregate of (i) one-twelfth of the sum of the amounts certified under items (1) and (3) above less the amount certified under item (4) above, plus (ii) the amount required to pay debt service on bonds and notes issued during the fiscal year, if any, divided by the number of months remaining in the fiscal year after the date of issuance, or some smaller portion as may be necessary under subsection (c) or (c-5) of this Section for the relevant State fiscal year, plus (iii) any cumulative deficiencies in transfers for prior months, until an amount equal to the sum of the amounts certified under items (1) and (3) above, plus the actual debt service certified under item (2) above, less the amount certified under item (4) above, has been transferred; except that these transfers are subject to the following limits: (A) In no event shall the total transfers in any | ||||||||||||||||||||
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(B) In no event shall the total transfers in any | ||||||||||||||||||||
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The term "outstanding" does not include bonds or notes for which refunding or advance refunding bonds or notes have been issued. (e) Neither Additional State Assistance nor Additional Financial Assistance may be pledged, either directly or indirectly as general revenues of the Authority, as security for any bonds issued by the Authority. The Authority may not assign its right to receive Additional State Assistance or Additional Financial Assistance, or direct payment of Additional State Assistance or Additional Financial Assistance, to a trustee or any other entity for the payment of debt service on its bonds. (f) The certification required under subsection (d) with respect to outstanding bonds and notes of the Authority shall be filed as early as practicable before the beginning of the State fiscal year to which it relates. The certification shall be revised as may be necessary to accurately state the debt service requirements of the Authority. (g) Within 6 months of the end of each fiscal year, the Authority shall determine: (i) whether the aggregate of all system generated | ||||||||||||||||||||
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(ii) whether, beginning with the 2007 fiscal year, | ||||||||||||||||||||
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(h) If the Authority makes any payment to the State under paragraph (g), the Authority shall reduce the amount provided to a Service Board from funds transferred under paragraph (a) in proportion to the amount by which that Service Board failed to meet its required system generated revenues recovery ratio. A Service Board which is affected by a reduction in funds under this paragraph shall submit to the Authority concurrently with its next due quarterly report a revised budget incorporating the reduction in funds. The revised budget must meet the criteria specified in clauses (i) through (vi) of Section 4.11(b)(2). The Board shall review and act on the revised budget as provided in Section 4.11(b)(3).(Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24; 103-588, eff. 6-5-24.) |
(70 ILCS 3615/4.10) (from Ch. 111 2/3, par. 704.10)
Sec. 4.10.
Agreements with the Chicago Transit Authority.
The Authority shall not for any fiscal year of the Authority release to the
Chicago Transit Authority any funds except for the proceeds of taxes imposed
by the Authority under Sections 4.03 and 4.03.1 which are allocated to the
Chicago Transit Authority under Section 4.01(d) unless a unit or units
of local government in
Cook County (other than the Chicago Transit Authority) enters or enter into
an agreement with the Chicago Transit Authority to make a monetary contribution
for such
year of at least $5,000,000 for public transportation.
Except as otherwise provided in this Section, the Authority shall not
for any fiscal year of the Authority release to the Chicago Transit
Authority any funds except for the proceeds of taxes imposed by the Authority
under Sections 4.03 and 4.03.1 which are allocated to the Chicago Transit
Authority under Section 4.01(d) unless the County of Cook and City of
Chicago continue to provide services
to the Chicago Transit Authority at the same level and on the same basis as
are being provided by such units as of the effective date of this Act. The
Authority may from time to time approve reductions in the level and basis
of services to be provided pursuant to this Section.
(Source: P.A. 83-886.)
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(70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
Sec. 4.11. Budget Review Powers.
(a) Based
upon estimates which shall be given to the Authority by the Director of
the
Governor's Office of Management and Budget (formerly
Bureau of the Budget) of the receipts to be received by the
Authority from the taxes imposed
by the Authority and the authorized estimates of amounts
to be available from State and other sources to the Service Boards, and
the times at which such receipts and amounts will be available, the Board
shall, not later than the next preceding September 15th prior to the beginning
of the Authority's next fiscal year,
advise each Service Board of the amounts estimated by the Board to be available
for such Service Board during such fiscal year and the two following fiscal
years and the times at which such amounts will be available. The Board
shall, at the same time, also advise each Service Board of its required
system generated revenues recovery ratio for the next fiscal year which
shall be the percentage of the aggregate costs of providing public
transportation by or under jurisdiction of that Service Board which must be
recovered from system generated revenues. The Board shall, at the same time, consider the written determination of the Executive Director, made pursuant to Section 2.01d, of the costs of ADA paratransit services that are required to be provided under the federal Americans with Disabilities Act of 1990 and its implementing regulations, and shall amend the current year budgets of the Authority and the Service Boards to provide for additional funding for the provision of ADA paratransit services, if needed. The Board shall, at the same time, beginning with the 2007 fiscal year, also advise each Service Board that provides ADA paratransit services of its required system generated ADA paratransit services revenue recovery ratio for the next fiscal year which shall be the percentage of the aggregate costs of providing ADA paratransit services by or under jurisdiction of that Service Board which must be recovered from fares charged for such services, except that such required system generated ADA paratransit services revenue recovery ratio shall not exceed the minimum percentage established pursuant to Section 4.01(b)(ii) of this Act. In determining
a Service Board's system generated revenue recovery ratio, the Board shall
consider the historical system generated revenues recovery ratio for the
services subject to the jurisdiction of that
Service Board. The Board shall not increase a Service Board's system generated
revenues recovery ratio for the next fiscal year over such ratio for the
current fiscal year disproportionately or prejudicially to increases in
such ratios for other Service Boards. The Board may, by ordinance,
provide that (i) the cost of research and development projects in the
fiscal year beginning January 1, 1986 and ending December 31, 1986
conducted pursuant to Section 2.09 of this Act, (ii) the costs for passenger security, and (iii) expenditures of amounts granted to a Service Board from the Innovation, Coordination, and Enhancement Fund for operating purposes may be exempted from the
farebox recovery ratio or the system generated revenues recovery ratio of
the Chicago Transit Authority, the Suburban Bus Board, and the Commuter
Rail Board, or any of them. During fiscal years 2008 through 2012, the Board may also allocate the exemption of $200,000,000 and the reducing amounts of costs provided by this amendatory Act of the 95th General Assembly from the farebox recovery ratio or system generated revenues recovery ratio of each Service Board.
(b)(1) Not later than the next preceding November 15 prior to the
commencement of such fiscal year, each Service Board shall submit to the
Authority its proposed budget for such fiscal year and its proposed
financial plan for the two following fiscal years. Such budget and
financial plan shall (i) be prepared in the format, follow the financial and budgetary practices, and be based on any assumptions and projections required by the Authority and (ii) not project or assume a receipt of revenues from the
Authority in amounts greater than those set forth in the estimates provided
by the Authority pursuant to subsection (a) of this Section.
(2) The Board shall review the proposed budget and two-year
financial plan submitted
by each Service Board. The Board shall approve the budget and two-year financial plan of a Service Board if:
(i) such budget and plan show a balance between (A) | ||
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(ii) such budget and plan show cash balances | ||
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(iii) such budget and plan provide for a level of | ||
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(iv) such budget and plan are based upon and employ | ||
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(v) such budget and plan have been prepared in | ||
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(vi) such budget and plan meet such other financial, | ||
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(vii) such budget and plan are consistent with the | ||
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(3) (Blank).
(4) Unless the Board by an affirmative vote of 12
of the then Directors
determines that the budget and financial plan of a Service Board meets the
criteria specified in clauses (i)
through (vii) of subparagraph (2) of
this paragraph (b), the Board shall withhold from that Service Board 25% of
the cash proceeds of taxes imposed by the Authority under Section 4.03
and Section 4.03.1 and received after February 1 and 25% of the amounts transferred to the Authority from the Public Transportation Fund under Section 4.09(a) (but not including Section 4.09(a)(3)(iv)) after February 1 that the Board has estimated to be available to that Service Board under Section 4.11(a). Such funding shall be released to the Service Board only upon approval of a budget and financial plan under this Section or adoption of a budget and financial plan on behalf of the Service Board by the Authority.
(5) If the Board has not found that the budget and financial plan of a
Service Board meets the criteria specified in clauses (i) through (vii)
of subparagraph (2) of this paragraph (b), the Board, by the affirmative vote of at least 12 of its then Directors, shall
adopt a budget and
financial plan meeting such criteria for that Service Board.
(c)(1) If the Board shall at any time have received a
revised estimate, or revises any estimate the Board has made, pursuant to
this Section of the receipts to be collected by the Authority which, in
the judgment of the Board, requires a change in the estimates on which the
budget of any Service Board is based, the Board shall advise the affected
Service Board of such revised estimates, and such Service Board shall within
30 days after receipt of such advice submit a revised budget incorporating
such revised estimates. If the revised estimates require, in the judgment
of the Board, that the system generated revenues recovery ratio of one or
more Service Boards be revised in order to allow the Authority to meet its
required ratio, the Board shall advise any such Service Board of its revised
ratio and such Service Board shall within 30 days after receipt of such
advice submit a revised budget incorporating such revised estimates or ratio.
(2) Each Service Board shall, within such period after the end of each
fiscal quarter as shall be specified by the Board, report to the Authority
its financial condition and results of operations and the financial condition
and results of operations of the public transportation services subject
to its jurisdiction, as at the end of and for such quarter. If in the judgment
of the Board such condition and results are not substantially in accordance
with such Service Board's budget for such period, the Board shall so advise
such Service Board and such Service Board shall within the period specified
by the Board submit a revised budget incorporating such results.
(3) If the Board shall determine that a revised budget submitted by a
Service Board pursuant to subparagraph (1) or (2) of this paragraph (c)
does not meet the criteria specified in clauses (i)
through (vii) of
subparagraph
(2) of paragraph (b) of this Section, the Board shall withhold from that Service Board 25% of the cash proceeds of taxes imposed by the Authority
under Section 4.03 or 4.03.1 and received by the Authority after February 1 and 25% of the amounts transferred to the Authority from the Public Transportation Fund under Section 4.09(a) (but not including Section 4.09(a)(3)(iv)) after February 1 that the Board has estimated to be available to that Service Board under
Section 4.11(a). If the Service Board submits a revised financial plan and
budget which plan and budget shows that the criteria will be met within
a four quarter period, the Board shall release any such withheld funds to the
Service Board. The Board by the affirmative vote of at least 12
of its then Directors may
require a Service Board to submit a revised financial plan and budget which
shows that the criteria will be met in a time period less than four quarters.
(d) All budgets and financial plans, financial statements, audits and
other information presented to the Authority pursuant to this Section or
which may be required by the Board to permit it to monitor compliance with
the provisions of this Section shall be prepared and presented in such
manner and frequency and in such detail as shall have been prescribed by
the Board, shall be prepared on both an accrual and cash flow basis as
specified by the Board, shall present such information as the Authority shall prescribe that fairly presents the condition of any pension plan or trust for health care benefits with respect to retirees established by the Service Board and describes the plans of the Service Board to meet the requirements of Sections 4.02a and 4.02b, and shall identify and describe the assumptions and
projections employed in the preparation
thereof to the extent required by the Board. If the Executive Director certifies that a Service Board has not presented its budget and two-year financial plan in conformity with the rules adopted by the Authority under the provisions of Section 4.01(f) and this subsection (d), and such certification is accepted by the affirmative vote of at least 12 of the then Directors of the Authority, the Authority shall not distribute to that Service Board any funds for operating purposes in excess of the amounts distributed for such purposes to the Service Board in the previous fiscal year. Except when the Board adopts
a budget and a financial plan for a Service Board under paragraph (b)(5),
a Service Board shall provide for such levels of transportation services
and fares or charges therefor as it deems appropriate and necessary in the
preparation of a budget and financial plan meeting the criteria set forth
in clauses (i)
through (vii) of subparagraph (2) of paragraph (b) of this
Section. The Authority
shall have access to and the right to examine and copy
all books, documents, papers, records, or other source data of a Service
Board relevant to any information submitted pursuant to this Section.
(e) Whenever this Section requires the Board to make determinations with
respect to estimates, budgets or financial plans, or rules or regulations
with respect thereto such determinations shall be made upon the affirmative
vote of at least 12
of the then Directors and shall be incorporated in a
written report of the Board and such report shall be submitted within 10
days after such determinations are made to
the Governor, the Mayor of Chicago (if such determinations relate to the
Chicago Transit Authority), and the Auditor General of Illinois.
(Source: P.A. 97-399, eff. 8-16-11.)
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(70 ILCS 3615/4.12) (from Ch. 111 2/3, par. 704.12)
Sec. 4.12.
RTA Strategic Capital Improvement Program.
The program
created by this amendatory Act of 1989 in Sections 4.12 and 4.13 shall be
known as the RTA Strategic Capital Improvement Program (the "Strategic
Capital Improvement Program"). The Strategic Capital Improvement Program
will enhance the ability of the Authority to acquire, repair or replace
public transportation facilities in the metropolitan region and shall be
financed through the issuance of bonds or notes authorized for Strategic Capital Improvement Projects under
Section 4.04 of this Act. The Program is intended as a supplement to the
ongoing capital development activities of the Authority and the Service
Boards financed with grants, loans and other moneys made available by the
federal government or the State of Illinois. The Authority and the Service
Boards shall continue to seek, receive and expend all available grants,
loans and other moneys.
Any contracts for architectural or engineering services
for projects approved pursuant to Section 4.13 shall comply with the
requirements set forth in "An Act concerning municipalities, counties and
other political subdivisions", as now or hereafter amended.
(Source: P.A. 91-37, eff. 7-1-99.)
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(70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13)
Sec. 4.13. Annual Capital Improvement Plan.
(a) With respect to each calendar year, the Authority shall prepare as
part of its Five Year Program an Annual Capital Improvement Plan (the
"Plan") which shall describe its intended development and implementation of
the Strategic Capital Improvement Program. The Plan shall include the
following information:
(i) a list of projects for which approval is sought | ||
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(ii) a certification by the Authority that the | ||
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(iii) a certification that, as of September 30 of the | ||
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(iv) a certification that the Authority has adopted a | ||
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(v) a schedule of all bonds or notes previously | ||
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(vi) a long-range summary of the Strategic Capital | ||
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(vii) the source of funding for each project in the | ||
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(b) The Authority shall submit the Plan with respect to any calendar
year to the Governor on or before January 15 of that year, or as soon as
possible thereafter; provided, however, that the Plan shall be adopted on
the affirmative votes of 12
of the then Directors. The Plan may be revised
or amended at any time, but any revision in the projects approved shall
require the Governor's approval.
(c) The Authority shall seek approval from the Governor only through the
Plan or an amendment thereto. The Authority shall not request approval of the
Plan from the Governor in any calendar year in which it is unable to make the
certifications required under items (ii), (iii) and (iv) of subsection (a).
In no event shall the Authority seek approval of the Plan from the Governor for
projects in an aggregate amount exceeding the proceeds of bonds or notes
for Strategic Capital Improvement Projects issued under Section 4.04 of this
Act.
(d) The Governor may approve the Plan for which
approval is requested. The Governor's approval is limited to
the amount of the project cost stated in the Plan. The Governor shall not
approve the Plan in a calendar year if the Authority is unable to make
the certifications required under items (ii), (iii) and (iv)
of subsection (a). In no event shall the Governor approve the Plan for
projects in an aggregate amount exceeding the proceeds of
bonds or notes for Strategic Capital Improvement Projects issued under
Section 4.04 of this Act.
(e) With respect to capital improvements, only those capital improvements
which are in a Plan approved by the Governor shall be financed with the
proceeds of bonds or notes issued for Strategic Capital Improvement Projects.
(f) Before the Authority or a Service Board obligates any funds for a
project for which the Authority or Service Board intends to use the proceeds
of bonds or notes for Strategic Capital Improvement Projects, but which project
is not included in an approved Plan, the Authority must notify the Governor of
the intended obligation. No project costs incurred prior to approval of the
Plan including that project may be paid from the proceeds of bonds or notes for
Strategic Capital Improvement Projects issued under Section 4.04 of this Act.
(Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.)
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(70 ILCS 3615/4.14) (from Ch. 111 2/3, par. 704.14)
Sec. 4.14. Rate Protection Contract. "Rate Protection Contract" means
interest rate price exchange agreements; currency exchange agreements;
forward payment conversion agreements; contracts providing for payment or
receipt of funds based on levels of, or changes in, interest rates,
currency exchange rates, stock or other indices; contracts to exchange cash
flows or a series of payments; contracts, including without limitation,
interest rate caps; interest rate floor; interest rate locks; interest rate
collars; rate of return guarantees or assurances, to manage payment,
currency, rate, spread or similar exposure; the obligation, right, or
option to issue, put, lend, sell, grant a security interest in, buy, borrow
or otherwise acquire, a bond, note or other security or interest therein as
an investment, as collateral, as a hedge, or otherwise as a source or
assurance of payment to or by the Authority or as a reduction of the
Authority's or an obligor's risk exposure; repurchase agreements;
securities lending agreements; and other agreements or arrangements similar
to the foregoing.
Notwithstanding any provision in Section 2.20 (a) (ii) of this Act to the
contrary, in connection with or incidental to the issuance by the Authority
of its bonds or notes under the provisions of Section 4.04 or the exercise
of its powers under subsection (b) of Section 2.20, the Authority, for its
own benefit or for the benefit of the holders
of its obligations or their trustee, may enter into rate protection
contracts. The Authority may enter into rate protection contracts only
pursuant to a determination by a vote of 12
of the then Directors that the
terms of the contracts and any related agreements reduce the risk of loss
to the Authority, or protect, preserve or enhance the value of its assets,
or provide compensation to the Authority for losses resulting from changes
in interest rates. The Authority's obligations
under any rate protection contract or credit enhancement or liquidity
agreement shall not be considered bonds or notes for purposes of this Act.
For purposes of this Section a rate protection contract is a contract
determined by the Authority as necessary or appropriate to permit it to
manage payment, currency or interest rate risks or levels.
(Source: P.A. 95-708, eff. 1-18-08.)
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(70 ILCS 3615/4.15) Sec. 4.15. Revolving door prohibition. No Director, Service Board director or member, former Director, or former Service Board director or member shall, during his or her term and for a period of one year immediately after the end of his or her term, engage in business dealings with, knowingly accept employment from, or receive compensation or fees for services from the Regional Transportation Authority, the Suburban Bus Board, the Commuter Rail Board or the Chicago Transit Board. This prohibition shall not apply to any business dealings engaged in by the Director or Service Board director or member in the course of his or her official duties or responsibilities as a Director or Service Board director or member.
(Source: P.A. 98-1027, eff. 1-1-15.) |
(70 ILCS 3615/4.16) Sec. 4.16. Severance and employment-related settlement agreements. If any of the Service Boards seek to enter into a severance agreement in excess of $50,000 or an employment-related settlement agreement in excess of $200,000, that agreement shall be reviewed by the Board prior to execution for a period of 14 days. After 14 days, the agreement shall be considered reviewed. The Board shall review the agreement to determine whether the terms are reasonable and in the region's best interest. The Service Boards may only enter into severance agreements or employment-related settlement agreements that have been reviewed by the Board.
(Source: P.A. 98-1027, eff. 1-1-15.) |
(70 ILCS 3615/Art. V heading) ARTICLE V.
PROCEDURES AND MISCELLANEOUS PROVISIONS.
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(70 ILCS 3615/5.01) (from Ch. 111 2/3, par. 705.01)
Sec. 5.01. Hearings and Citizen Participation.
(a) The Authority shall provide for and encourage participation by the
public in the development and review of public transportation policy, and
in the process by which major decisions significantly affecting the
provision of public transportation are made. The Authority shall coordinate such public participation processes with the Chicago Metropolitan Agency for Planning to the extent practicable.
(b) The Authority shall hold such public hearings as may be required by
this Act or as the Authority may deem appropriate to the performance of any
of its functions. The Authority shall coordinate such public hearings with the Chicago Metropolitan Agency for Planning to the extent practicable.
(c) Unless such items are specifically provided for either in the
Five-Year Capital Program or in the annual budget program which has been the
subject of public hearings as provided in Sections 2.01 or 4.01 of this
Act, the Board shall hold public hearings at which citizens may be heard
prior to:
(i) the construction or acquisition of any public | ||
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(ii) the extension of, or major addition to services | ||
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(d) Unless such items are specifically provided for in the annual budget
and program which has been the subject of public hearing, as provided in
Section 4.01 of this Act, the Board shall hold public hearings at which
citizens may be heard prior to the providing for or allowing, by means of
any purchase of service agreement or any grant pursuant to Section 2.02 of
this Act, or so providing for or allowing
any discontinuance of any public transportation route, or major portion
thereof, which has been in service for more than a year.
(e) At least twenty days prior notice of any public hearing, as required
in this Section, shall be given by public advertisement in a newspaper of
general circulation in the metropolitan region.
(e-5) With respect to any increase in fares or charges
for public transportation, whether by the Authority or by any
Service Board or transportation agency, a public hearing must be held in each county in which the fare increase takes effect. Notice of the public hearing shall be given at least 20 days prior to the hearing and at least 30 days prior to the effective date of any fare increase. Notice shall be given by public advertisement in a newspaper of
general circulation in the metropolitan region and must also be sent to the Governor and to each member of the General Assembly whose district overlaps in whole or in part with the area in which the increase takes effect. The notice must state the date, time, and place of the hearing and must contain a description of the proposed increase. The notice must also specify how interested persons may obtain copies of any reports, resolutions, or certificates describing the basis upon which the increase was calculated. (f) The Authority may designate one or more Directors or may appoint one
or more hearing officers to preside over any hearing pursuant to this Act.
The Authority shall have the power in connection with any such hearing to
issue subpoenas to require the attendance of witnesses and the production
of documents, and the Authority may apply to any circuit court in the State
to require compliance with such subpoenas.
(g) The Authority may require any Service Board to hold one or more public hearings with respect to any item described in paragraphs (c), (d), and (e-5) of this Section 5.01, notwithstanding whether such item has been the subject of a public hearing under this Section 5.01 or Section 2.01 or 4.01 of this Act.
(Source: P.A. 95-708, eff. 1-18-08; 95-906, eff. 8-26-08.)
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(70 ILCS 3615/5.02) (from Ch. 111 2/3, par. 705.02)
Sec. 5.02.
Limitation on Home Rule Powers.
Insofar as this Act authorizes the Authority to take or authorize any
action notwithstanding or in lieu of any ordinance, rule, regulation or
power of any unit of local government; or provides that any unit of
local government restrictions are not effective with regard to the
Authority or provides that any power or action of any unit of local
government is subject to any power or action of the Authority, this Act
is an express limitation on the powers of home rule municipalities and
counties within the meaning of paragraph (g) of Section 6 of Article VII
of the Illinois Constitution. No such action by the Authority shall be
such a limit unless taken pursuant to an ordinance which is passed by at
least seven members of the Board and which specifically states that it is
a limit on the home rule unit; and provided further that this Act is not
a limit on the power of home rule units to license, tax, franchise or
regulate taxicabs except for services provided pursuant to purchase of
service agreements. Except as provided in this Section, this Act is not
a limit on any home rule unit.
(Source: P.A. 81-2nd S.S.-3.)
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(70 ILCS 3615/5.03) (from Ch. 111 2/3, par. 705.03)
Sec. 5.03.
Limitation on Actions.
The Authority shall not be liable in any civil action for any injury to
any person or property for any acts or omissions of any transportation
agency or unit of local government, as a result of the Authority making
grants to or having a purchase of service agreement with such agency or
unit of local government. Nothing in this Act, however, limits the power of
the Authority in its purchase of service agreements to pay the cost of any
such injuries.
No civil action shall be commenced in any court against the Authority by
any person on account of any wrongful death or for any injury to any person
unless it is commenced within one year from the date that the
cause of
action accrued; provided, however, that the foregoing shall not limit a
transportation agency in bringing a civil action to enforce its rights
under a purchase of service agreement with the Authority. This amendatory
Act of 1995 applies only to causes of action accruing on or after January 1,
1996.
(Source: P.A. 89-109, eff. 1-1-96.)
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(70 ILCS 3615/5.04) (from Ch. 111 2/3, par. 705.04)
Sec. 5.04.
Severability.
If any Section, sentence, clause or provision of this Act or any
application thereof to any person or circumstance is for any reason held
invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the other provisions or
applications of this Act which can be given effect without the invalid or
unconstitutional application or provision, and to this end the provisions
of this Act are declared to be severable.
(Source: P.A. 78-3rd S.S.-5.)
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(70 ILCS 3615/5.05) (from Ch. 111 2/3, par. 705.05)
Sec. 5.05.
Opt Out.
(a) Notwithstanding any other provision of this
Act, if the County Board of the County of DuPage, Kane, Lake, McHenry or
Will by ordinance authorizes that such county shall elect to terminate the
powers of the Authority and the Suburban Bus Division in that County, the
Secretary of such County Board shall certify that proposition to the proper
election officials, who shall submit such proposition at an election in
accordance with the general election law to decide whether or not the County
shall opt out; and if a majority of the voters voting upon the proposition
is in favor of terminating the powers of the Authority and the Suburban
Bus Division those powers shall be terminated.
The form of the ballot to be used at the referendum shall be substantially
as follows:
Shall ..... County Terminate thePowers of the Regional Transportation YESAuthority and the Suburban Bus Division in .... County NOon ..... (date)
If a majority of the voters vote in favor of terminating the powers of
the Authority and the Suburban Bus Division then all of the powers of the
Authority and the Suburban Bus Division shall terminate in such county
except those powers and functions which the Authority determines to be
necessary to exercise with regard to:
(i) public transportation by commuter rail, and | ||
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(ii) public transportation other than by commuter | ||
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(iii) public transportation other than by commuter | ||
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(b) The termination of the powers of the Authority and the Suburban Bus
Division referred to in paragraph
(a) of this Section with respect to any County shall occur on approval of
the referendum by the electors provided on or prior to the date of such
termination, such County shall have:
(i) assumed the obligations of the Authority under | ||
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(ii) agreed to indemnify and hold harmless the | ||
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(iii) taken or caused to be taken all necessary | ||
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(c) Following an election to terminate the powers of the Authority and
the Suburban Bus Division at a referendum held under paragraph (a) of this
Section the County Board shall notify the Authority of the results of the
referendum which notice shall specify a termination date, which is the last
day of the calendar month, but no earlier than December 31, 1984. Unless
the termination date is extended by mutual agreement between the County
and the Authority, the termination of the powers and functions of the Authority
in the County shall occur at midnight on the termination date, provided
that the requirements of this Section have been met.
(d) The proceeds of taxes imposed by the Authority under Sections 4.03
and 4.03.1 collected after the termination date within a County wherein
the powers of the Authority and the Suburban Bus Division have been
terminated under this Section shall
be provided by the Authority
to the Commuter Rail Board to support services under the jurisdiction of
the Commuter Rail Board which are attributable to that County, as determined
by the Commuter Rail Board. Any proceeds which are in excess of that necessary
to support such services shall be paid by the Authority to that County to
be expended for general transportation purposes in accordance with law.
If no services under the jurisdiction of the Commuter Rail Board are provided
in a County wherein the powers of the Authority have been terminated under
this Section, all proceeds of taxes imposed by the Authority in the County
shall be paid by the Authority to the County to be expended for general
transportation purposes in accordance with law. The Authority or the Suburban
Bus Division has no obligation to see that the funds expended under this
paragraph by the County are spent for general transportation purposes in
accordance with law.
(Source: P.A. 83-885; 83-886.)
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(70 ILCS 3615/5.06) Sec. 5.06. Greater Chicago Mass Transit Transparency and Accountability Portal (CHI-TAP). (a) The Authority, within 12 months after the effective date of this amendatory Act of the 98th General Assembly, shall establish and maintain a website, known as the Greater Chicago Mass Transit Transparency and Accountability Portal (CHI-TAP), and shall be tasked with compiling and updating the CHI-TAP database with information received from the Authority and all of its Service Boards. (b) For purposes of this Section: "Contracts" means payment obligations with vendors on | ||
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"Recipients" means the Authority or any of its | ||
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(c) The CHI-TAP shall provide direct access to each of the following: (1) A database of all current employees of the | ||
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(i) Name. (ii) Employing entity. (iii) Employing division or department. (iv) Employment position title. (v) Current base salary or hourly rate and | ||
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(2) A database of all current Authority expenditures, | ||
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(3) A database of all Authority and Service Board | ||
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(4) A database of all employees of the Authority and | ||
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(i) Name. (ii) Employing entity. (iii) Employing division. (iv) Employment position title. (v) Current base salary or hourly rate and | ||
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(vi) County of employment location. (vii) Status of position including, but not | ||
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(viii) Employment status including, but not | ||
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(ix) Status as a military veteran. (5) A database of publicly available accident-related | ||
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(d) The CHI-TAP shall include all information required to be published by subsection (c) of this Section that is available to the Authority in a format the Authority can compile and publish on the CHI-TAP. The Authority shall update the CHI-TAP within 30 days as additional information becomes available in a format that can be compiled and published on the CHI-TAP by the Authority. (e) Each Service Board shall cooperate with the Authority in furnishing the information necessary for the implementation of this Section within a timeframe specified by the Authority. (f) The Authority and its Service Boards are independently responsible for the accuracy of the specific information provided by each agency to be displayed on CHI-TAP.
(Source: P.A. 98-1027, eff. 1-1-15.) |
(70 ILCS 3615/5.10) (Section scheduled to be repealed on January 1, 2025) Sec. 5.10. Report of legislative recommendations. (a) By January 1, 2024, the Chicago Metropolitan Agency for Planning and its MPO Policy Committee, in coordination with the Authority, shall develop and submit a report of legislative recommendations to the Governor and General Assembly regarding changes to the recovery ratio, sales tax formula and distributions, governance structures, regional fare systems, and any other changes to State statute, Authority, or Service Board enabling legislation, policy, rules, or funding that will ensure the long-term financial viability of a comprehensive and coordinated regional public transportation system that moves people safely, securely, cleanly, and efficiently and supports and fosters efficient land use. In developing the report, the vision, principles, and recommendations of the Authority's strategic plan required by Section 2.01a shall be considered. The report shall also consider recommendations on how the Authority and Service Boards can better address racial equity, climate change, and economic development. The development of the report shall include meaningful public engagement led by the Chicago Metropolitan Agency for Planning and its MPO Policy Committee and should be developed with the support of a steering committee composed of representatives of business, community, environmental, labor, and civic organizations. The report shall be adopted by the MPO Policy Committee prior to submission to the Governor and General Assembly. The report shall be separate from the Strategic Plan required under Section 2.01a. (b) This Section is repealed on January 1, 2025.
(Source: P.A. 102-1028, eff. 5-27-22.) |
(70 ILCS 3615/5.15) Sec. 5.15. Rail safety recommendation report. The Regional Transportation Authority, the Chicago Transit Authority, and the Commuter Rail Division shall issue an annual report on or before December 31 of each year containing all rail safety recommendations made by the National Transportation Safety Board during the previous 12 months and the status of the Regional Transportation Authority's, the Chicago Transit Authority's, and the Commuter Rail Division's implementation of those recommendations, including for any recommendations within the Regional Transportation Authority's extra-territorial authority, if any. The reports shall be made publicly available on the Regional Transportation Authority's website.
(Source: P.A. 103-640, eff. 7-1-24.) |