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Illinois General Assembly· HB 2335Governor Approved

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HB2335 Enrolled                     LRB104 09655 LNS 19721 b

1   AN ACT concerning transportation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The State Officials and Employees Ethics Act is

5 amended by changing Section 75-10 as follows:

6   (5 ILCS 430/75-10)

7   Sec. 75-10. Coordination between Executive Inspector

8 General and Inspectors General appointed by Regional Transit

9 Boards.

10  (a) Nothing in this amendatory Act of the 96th General

11 Assembly precludes a Regional Transit Board from appointing or

12 employing an Inspector General to serve under the jurisdiction

13 of a Regional Transit Board to receive complaints and conduct

14 investigations in accordance with an ordinance or resolution

15 adopted by that respective Board, provided he or she is

16 approved by the Executive Ethics Commission. A Regional

17 Transit Board shall notify the Executive Ethics Commission

18 within 10 days after employing or appointing a person to serve

19 as Inspector General, and the Executive Ethics Commission

20 shall approve or reject the appointment or employment of the

21 Inspector General. Any notification not acted upon by the

22 Executive Ethics Commission within 60 days after its receipt

23 shall be deemed to have received the approval of the Executive
    HB2335 Enrolled  -2-  LRB104 09655 LNS 19721 b

1 Ethics Commission. Within 30 days after the effective date of

2 this amendatory Act of the 96th General Assembly, a Regional

3 Transit Board shall notify the Executive Ethics Commission of

4 any person serving on the effective date of this amendatory

5 Act as an Inspector General for the Regional Transit Board,

6 and the Executive Ethics Commission shall approve or reject

7 the appointment or employment within 30 days after receipt of

8 the notification, provided that any notification not acted

9 upon by the Executive Ethics Commission within 30 days shall

10 be deemed to have received approval. No person rejected by the

11 Executive Ethics Commission shall serve as an Inspector

12 General for a Regional Transit Board for a term of 5 years

13 after being rejected by the Commission. For purposes of this

14 subsection (a), any person appointed or employed by a Transit

15 Board to receive complaints and investigate allegations of

16 fraud, waste, abuse, mismanagement, misconduct, nonfeasance,

17 misfeasance, malfeasance, or violations of this Act shall be

18 considered an Inspector General and shall be subject to

19 approval of the Executive Ethics Commission.

20  (b) The Executive Inspector General appointed by the

21 Governor shall have exclusive jurisdiction to investigate

22 complaints or allegations of violations of this Act and, in

23 his or her discretion, may investigate other complaints or

24 allegations. Unless created by statute, no Regional Transit

25 Board or Regional Development Authority shall create or retain

26 an investigative body that investigates matters under the
HB2335 Enrolled  -3-  LRB104 09655 LNS 19721 b

 1 Executive Inspector General's jurisdiction. Complaints or
 2 allegations of a violation of this Act received by a Regional
 3 Transit Board or by an Inspector General appointed or employed
 4 by a Regional Transit Board shall be immediately referred to
 5 the Executive Inspector General. The Executive Inspector
 6 General shall have authority to assume responsibility and
 7 investigate any complaint or allegation received by a Regional
 8 Transit Board or by an Inspector General appointed or employed
 9 by a Regional Transit Board. In the event the Executive
10 Inspector General provides written notification of intent to
11 assume investigatory responsibility for a complaint,
12 allegation, or ongoing investigation, the Regional Transit
13 Board, or the Inspector General appointed or employed by a
14 Regional Transit Board shall cease review of the complaint,
15 allegation, or ongoing investigation and provide all
16 information to the Executive Inspector General. The Executive
17 Inspector General may delegate responsibility for an
18 investigation to a Regional Transit Board or the Inspector
19 General appointed or employed by a Regional Transit Board. In
20 the event the Executive Inspector General provides a Regional
21 Transit Board or an Inspector General appointed or employed by
22 a Regional Transit Board with written notification of intent
23 to delegate investigatory responsibility for a complaint,
24 allegation, or ongoing investigation, the Executive Inspector
25 General shall provide all information, unless confidential
26 pursuant to this Act, to the Regional Transit Board or its
    HB2335 Enrolled             -4-  LRB104 09655 LNS 19721 b

1 designee or to the Inspector General appointed or employed by

2 a Regional Transit Board.

3   (c) The Regional Transit Boards and an An Inspector

4 General appointed or employed by a Regional Transit Board

5 shall provide a monthly activity report to the Executive

6 Inspector General indicating:

7   (1) the total number of complaints or allegations

8   received since the date of the last report and a

9   description of each complaint;

10  (2) the number of investigations pending as of the

11  reporting date and the status of each investigation;

12  (3) the number of investigations concluded since the

13  date of the last report and the result of each

14  investigation; and

15  (4) the status of any investigation delegated by the

16  Executive Inspector General.

17  The Regional Transit Boards and an An Inspector General

18 appointed or employed by a Regional Transit Board and the

19 Executive Inspector General shall cooperate and share

20 resources or information as necessary to implement the

21 provisions of this Article.

22  (d) Reports filed under this Section are exempt from the

23 Freedom of Information Act and shall be deemed confidential.

24 Investigatory files and reports prepared by the Office of the

25 Executive Inspector General and the Office of an Inspector

26 General appointed or employed by a Regional Transit Board may
    HB2335 Enrolled            -5-      LRB104 09655 LNS 19721 b

1 be disclosed between the Offices as necessary to implement the

2 provisions of this Article.

3   (e) This Section does not prohibit a Regional Transit

4 Board from reviewing its practices, policies, performance, or

5 personnel for the purposes of improving its operations or

6 ensuring compliance with applicable laws.

7 (Source: P.A. 104-457, eff. 6-1-26.)

8   Section 10. The Department of Transportation Law of the

9 Civil Administrative Code of Illinois is amended by changing

10 Sections 2705-203, 2705-594, and 2705-598 as follows:

11  (20 ILCS 2705/2705-203)

12  Sec. 2705-203. Transportation asset management plan and

13 performance-based programming.

14  (a) The General Assembly declares it to be in the public

15 interest that a project prioritization process be developed

16 and implemented to: improve the efficiency and effectiveness

17 of the State's transportation system and transportation

18 safety; enhance movement and multi-modal connections of people

19 and goods; mitigate environmental impacts; and promote

20 inclusive economic growth throughout the State.

21  (b) In accordance with Section 2705-200, the Department of

22 Transportation shall develop and publish a statewide

23 multi-modal transportation improvement program for all

24 transportation facilities under its jurisdiction. The
    HB2335 Enrolled  -6-               LRB104 09655 LNS 19721 b

1 development of the program shall use the following methods:

2   (1) use transportation system information to make

3   investment and policy decisions to achieve statewide and

4   regional performance goals established in the State's

5   long-range transportation plan;

6   (2) ensure transportation investment decisions emerge

7   from an objective and quantifiable technical analysis;

8   (3) evaluate the need and financial support necessary

9   for maintaining, expanding, and modernizing existing

10  transportation infrastructure;

11  (4) ensure that all State transportation funds

12  invested are directed to support progress toward the

13  achievement of performance targets established in the

14  State's long-range transportation plan;

15  (5) make investment decisions transparent and

16  accessible to the public;

17  (6) consider emissions and increase infrastructure

18  resilience to climate change; and

19  (7) reduce disparities in transportation system

20  performance experienced by racially marginalized

21  communities, low-income to moderate-income consumers, and

22  other disadvantaged groups and populations identified

23  under the Environmental Justice Act; and .

24  (8) evaluate project potential for mode shift away

25  from single-occupancy vehicles and commercial motor

26  vehicles.
    HB2335 Enrolled  -7-                  LRB104 09655 LNS 19721 b

1   (c) The Department shall develop a risk-based, statewide

2 highway system asset management plan in accordance with 23

3 U.S.C. 119 and 23 CFR Part 515 to preserve and improve the

4 condition of highway and bridge assets and enhance the

5 performance of the system while minimizing the life-cycle

6 cost. The asset management plan shall be made publicly

7 available on the Department's website.

8   (d) The Department shall develop a needs-based transit

9 asset management plan for State-supported public

10 transportation assets, including vehicles, facilities,

11 equipment, and other infrastructure in accordance with 49 CFR

12 Part 625. The goal of the transit asset management plan is to

13 preserve and modernize capital transit assets that will

14 enhance the performance of the transit system. Federally

15 required transit asset management plans developed by the

16 Northern Illinois Transit Authority or Service Boards, as

17 defined in Section 1.03 of the Northern Illinois Transit

18 Authority Act, shall become the transportation asset

19 management plans for all public transportation assets owned

20 and operated by the Service Boards. The Department's transit

21 asset management plan shall be made publicly available on the

22 Department's website. The Northern Illinois Transit Authority

23 shall be responsible for making public transit asset

24 management plans for its service area publicly available.

25  (e) The Department shall develop a performance-based

26 project selection process to prioritize taxpayer investment in
    HB2335 Enrolled              -8-  LRB104 09655 LNS 19721 b

1 State-owned transportation assets that add capacity. The goal

2 of the process is to select projects through an evaluation

3 process. This process shall provide the ability to prioritize

4 projects based on geographic regions. The Department shall

5 solicit input from localities, metropolitan planning

6 organizations,     transit     authorities,  transportation

7 authorities, representatives of labor and private businesses,

8 the public, community-based organizations, and other

9 stakeholders in its development of the prioritization process

10 pursuant to this subsection.

11  The selection process shall include a defined public

12 process by which candidate projects are evaluated and

13 selected. The process shall include both a quantitative

14 analysis of the evaluation factors and qualitative review by

15 the Department. The Department may apply different weights to

16 the performance measures based on regional geography or

17 project type. Projects selected as part of the process will be

18 considered for inclusion in the State's multi-year

19 transportation program and the annual element of the

20 multi-year program. Starting April 1, 2022, no new capacity

21 project shall be included in the multi-year transportation

22 plan or annual element without being evaluated under the

23 selection process described in this Section. Existing projects

24 in the multi-year highway improvement program may be included

25 regardless of the outcome of using the performance-based

26 project selection tool. The policies that guide the
    HB2335 Enrolled  -9-               LRB104 09655 LNS 19721 b

1 performance-based project selection process shall be derived

2 from State and regional long-range transportation plans. The

3 Department shall certify that it is making progress toward the

4 goals included in the State's long-range transportation plan.

5 All plan and program development based on the project

6 selection process described in this subsection shall include

7 consideration of regional balance. The selection process shall

8 be based on an objective and quantifiable analysis that

9 considers, at a minimum, the goals identified in the

10 long-range transportation plan and shall:

11  (1) consider emissions and increase infrastructure

12  resilience due to climate change;

13  (2) reduce disparities in transportation system

14  performance experienced by racially marginalized

15  communities, low-income to moderate-income consumers, and

16  other disadvantaged groups and populations identified

17  under the Environmental Justice Act; and

18  (3) evaluate project potential for mode shift away

19  from single-occupancy vehicles and commercial motor

20  vehicles.

21  (f) The prioritization process developed under subsection

22 (e) may apply only to State jurisdiction projects and not to:

23  (1) projects funded by the Congestion Mitigation and

24  Air Quality Improvement funds apportioned to the State

25  pursuant to 23 U.S.C. 104(b)(4) and State matching funds;

26  (2) projects funded by the Highway Safety Improvement
    HB2335 Enrolled          - 10 - LRB104 09655 LNS 19721 b

1   Program funds apportioned to the State pursuant to 23

2   U.S.C. 104(b)(3) and State matching funds;

3   (3) projects funded by the Transportation Alternatives

4   funds set-aside pursuant to 23 U.S.C. 133(h) and State

5   matching funds;

6   (4) projects funded by the National Highway Freight

7   Program pursuant to 23 U.S.C. 167 and State matching

8   funds;

9   (5) funds to be allocated to urban areas based on

10  population under federal law; and

11  (6) any new federal program that requires competitive

12  selection, distribution to local public agencies, or

13  specific eligibility.

14  (g) A summary of the project evaluation process, measures,

15 program, and scores for all candidate projects shall be

16 published on the Department website in a timely manner.

17 (Source: P.A. 104-457, eff. 6-1-26.)

18  (20 ILCS 2705/2705-594)

19  (This Section may contain text from a Public Act with a

20 delayed effective date)

21  (Section scheduled to be repealed on January 1, 2030)

22  Sec. 2705-594. Transit Integration Policy Development

23 Committee.

24  (a) The Transit Integration Policy Development Committee

25 is created within the Department to better integrate transit
    HB2335 Enrolled             - 11 - LRB104 09655 LNS 19721 b

1 policy, planning, and design into Department decisions and

2 highway planning and design. The Committee shall consist of

3 the following members:

4   (1) the Secretary or the Secretary's designee;

5   (2) representatives of the Department that are

6   involved in highway or intermodal project implementation,

7   design, planning, or programming, as designated by the

8   Secretary; and

9   (3) transportation experts from outside the

10  Department, including, but not limited to, staff of a

11  metropolitan planning organization or local transportation

12  department, as designated by the Secretary.

13  (b) The Committee shall recommend new policies and

14 processes or shall review and recommend revisions to existing

15 policies and processes for:

16  (1) identifying existing, planned, and potential

17  future transit corridors;

18  (2) soliciting in a timely fashion and evaluating

19  feedback from local transit agencies and local governments

20  as it pertains to Department projects on existing,

21  planned, and potential future transit corridors;

22  (3) coordinating with local transit authorities,

23  intercity bus operators, and local governments on the

24  delivery of bus rapid transit and bus priority projects;

25  (4) incorporating designing for transit vehicles and

26  intercity buses on highway projects in the Department's
    HB2335 Enrolled  - 12 - LRB104 09655 LNS 19721 b

1   Design and Environment Manual, including design to

2   facilitate bus-on-shoulder operations; and

3   (5) developing a cost and maintenance policy for

4   construction and maintenance of future facilities in

5   partnership with transit agencies.

6   (c) The Committee shall research global best practices on

7 optimizing roadways for public transportation services.

8   (d) The Committee shall consult with highway and transit

9 experts, transit users, and other individuals and groups with

10 knowledge and experience on how to optimize roadways for

11 public transportation service.

12  (e) The Department shall implement policies and processes

13 based on recommendations developed by the Transit Integration

14 Policy Development Committee under subsection (b) and shall

15 publish, by January 1, 2028 2027, a report on the

16 modifications to the Department's policies and procedures

17 based on input from the Transit Integration Policy Development

18 Committee. The report shall include the Department's

19 identification of statutory provisions that the Department

20 believes make it difficult or impossible for the Department to

21 implement its recommended best practices for optimizing its

22 highways for public transit service and users.

23  (f) The Transit Integration Policy Development Committee

24 shall review and evaluate the Department's implementation of

25 policies and processes created or revised under subsection

26 (f). The Committee shall publish a report on the status of the
    HB2335 Enrolled          - 13 - LRB104 09655 LNS 19721 b

1 Department's implementation of these policies and procedures

2 by January 1, 2030.

3   (g) This Section is repealed January 1, 2030.

4 (Source: P.A. 104-457, eff. 6-1-26.)

5   (20 ILCS 2705/2705-598)

6   (This Section may contain text from a Public Act with a

7 delayed effective date)

8   Sec. 2705-598. Planning study on improvements needed at

9 the Joliet train station. By December 1, 2030, the The

10 Department shall conduct a planning study on improvements

11 needed at the Joliet train station for potential extensions of

12 passenger rail service to Peoria and other locations outside

13 of the counties of Cook, DuPage, Kane, Lake, McHenry, and

14 Will.

15 (Source: P.A. 104-457, eff. 6-1-26.)

16  Section 15. The State Finance Act is amended by changing

17 Sections 5d, 6c, and 8.3 as follows:

18  (30 ILCS 105/5d) (from Ch. 127, par. 141d)

19  Sec. 5d. Except as provided by Section 5e of this Act, the

20 State Construction Account Fund shall be used exclusively for

21 the construction, reconstruction and maintenance of the State

22 maintained highway system. Except as provided by Section 5e of

23 this Act, none of the money deposited in the State
    HB2335 Enrolled  - 14 - LRB104 09655 LNS 19721 b

 1 Construction Account Fund shall be used to pay the cost of
 2 administering the Motor Fuel Tax Law as now or hereafter
 3 amended, nor be appropriated for use by the Department of
 4 Transportation to pay the cost of its operations or
 5 administration, nor be used in any manner for the payment of
 6 regular or contractual employees of the State, nor be
 7 transferred or allocated by the Comptroller and Treasurer or
 8 be otherwise used, except for the sole purpose of
 9 construction, reconstruction and maintenance of the State
10 maintained highway system as the Illinois General Assembly
11 shall provide by appropriation from this fund. Beginning with
12 the month immediately following the effective date of this
13 amendatory Act of 1985, investment income which is
14 attributable to the investment of moneys of the State
15 Construction Account Fund shall be retained in that fund for
16 the uses specified in this Section. Beginning July 1, 2026, of
17 the investment income which is attributable to the investment
18 of moneys of the State Construction Account Fund, 90% 85%
19 shall be deposited into the Northern Illinois Transit
20 Authority Capital Improvement Fund and 10% 15% shall be
21 deposited into the Downstate Mass Transportation Capital
22 Improvement Fund.
23 (Source: P.A. 104-457, eff. 6-1-26.)

24  (30 ILCS 105/6c) (from Ch. 127, par. 142c)

25  Sec. 6c. All fees and other money received by the Division
    HB2335 Enrolled    - 15 - LRB104 09655 LNS 19721 b

 1 of Highways of the Department of Transportation shall, upon
 2 being paid into the State treasury, be placed in the Road Fund.
 3 After the effective date of this amendatory Act of 1980,
 4 investment income which is attributable to the investment of
 5 moneys of the Road Fund shall be retained in the Road Fund.
 6 Beginning July 1, 2026, of the investment income which is
 7 attributable to the investment of moneys of the Road Fund, 90%
 8 shall be deposited into the Northern Illinois Transit
 9 Authority Capital Improvement Fund and 10% shall be deposited
10 into the Downstate Mass Transportation Capital Improvement
11 Fund.
12 (Source: P.A. 81-1550.)

13  (30 ILCS 105/8.3)

14  Sec. 8.3. Money in the Road Fund shall, if and when the

15 State of Illinois incurs any bonded indebtedness for the

16 construction of permanent highways, be set aside and used for

17 the purpose of paying and discharging annually the principal

18 and interest on that bonded indebtedness then due and payable,

19 and for no other purpose. The surplus, if any, in the Road Fund

20 after the payment of principal and interest on that bonded

21 indebtedness then annually due shall be used as follows:

22  first -- to pay the cost of administration of Chapters

23  2 through 10 of the Illinois Vehicle Code, except the cost

24  of administration of Articles I and II of Chapter 3 of that

25  Code, and to pay the costs of the Executive Ethics
    HB2335 Enrolled  - 16 - LRB104 09655 LNS 19721 b

1   Commission for oversight and administration of the Chief

2   Procurement Officer appointed under paragraph (2) of

3   subsection (a) of Section 10-20 of the Illinois

4   Procurement Code for transportation; and

5   secondly -- for expenses of the Department of

6   Transportation for construction, reconstruction,

7   improvement, repair, maintenance, operation, and

8   administration of highways in accordance with the

9   provisions of laws relating thereto, or for any purpose

10  related or incident to and connected therewith, including

11  the separation of grades of those highways with railroads

12  and with highways and including the payment of awards made

13  by the Illinois Workers' Compensation Commission under the

14  terms of the Workers' Compensation Act or Workers'

15  Occupational Diseases Act for injury or death of an

16  employee of the Division of Highways in the Department of

17  Transportation; or for the acquisition of land and the

18  erection of buildings for highway purposes, including the

19  acquisition of highway right-of-way or for investigations

20  to determine the reasonably anticipated future highway

21  needs; or for making of surveys, plans, specifications and

22  estimates for and in the construction and maintenance of

23  flight strips and of highways necessary to provide access

24  to military and naval reservations, to defense industries

25  and defense-industry sites, and to the sources of raw

26  materials and for replacing existing highways and highway
    HB2335 Enrolled   - 17 - LRB104 09655 LNS 19721 b

1   connections shut off from general public use at military

2   and naval reservations and defense-industry sites, or for

3   the purchase of right-of-way, except that the State shall

4   be reimbursed in full for any expense incurred in building

5   the flight strips; or for the operating and maintaining of

6   highway garages; or for patrolling and policing the public

7   highways and conserving the peace; or for the operating

8   expenses of the Department relating to the administration

9   of public transportation programs; Northern Illinois

10  Transit or, during fiscal year 2025, for the purposes of a

11  grant not to exceed $10,020,000 to the Northern Illinois

12  Transit Authority on behalf of PACE for the purpose of

13  ADA/Para-transit expenses; or, during fiscal year 2026,

14  for the purposes of a grant not to exceed $11,500,000 to

15  the Regional Transportation Authority on behalf of PACE

16  for the purpose of ADA/Para-transit expenses; or for any

17  of those purposes or any other purpose that may be

18  provided by law.

19  Appropriations for any of those purposes are payable from

20 the Road Fund. Appropriations may also be made from the Road

21 Fund for the administrative expenses of any State agency that

22 are related to motor vehicles or arise from the use of motor

23 vehicles.

24  Beginning with fiscal year 1980 and thereafter, no Road

25 Fund monies shall be appropriated to the following Departments

26 or agencies of State government for administration, grants, or
    HB2335 Enrolled         - 18 - LRB104 09655 LNS 19721 b

1 operations; but this limitation is not a restriction upon

2 appropriating for those purposes any Road Fund monies that are

3 eligible for federal reimbursement:

4   1. Department of Public Health;

5   2. Department of Transportation, only with respect to

6   subsidies for one-half fare Student Transportation and

7   Reduced Fare for Elderly, except fiscal year 2025 when no

8   more than $20,969,900 may be expended and except fiscal

9   year 2026 when no more than $23,067,000 may be expended;

10  3. Department of Central Management Services, except

11  for expenditures incurred for group insurance premiums of

12  appropriate personnel;

13  4. Judicial Systems and Agencies.

14  Beginning with fiscal year 1981 and thereafter, no Road

15 Fund monies shall be appropriated to the following Departments

16 or agencies of State government for administration, grants, or

17 operations; but this limitation is not a restriction upon

18 appropriating for those purposes any Road Fund monies that are

19 eligible for federal reimbursement:

20  1. Illinois State Police, except for expenditures with

21  respect to the Division of Patrol and Division of Criminal

22  Investigation;

23  2. Department of Transportation, only with respect to

24  Intercity Rail Subsidies, except fiscal year 2025 when no

25  more than $67,000,000 may be expended and except fiscal

26  year 2026 when no more than $76,000,000 may be expended,
    HB2335 Enrolled     - 19 - LRB104 09655 LNS 19721 b

1   and Rail Freight Services.

2   Beginning with fiscal year 1982 and thereafter, no Road

3 Fund monies shall be appropriated to the following Departments

4 or agencies of State government for administration, grants, or

5 operations; but this limitation is not a restriction upon

6 appropriating for those purposes any Road Fund monies that are

7 eligible for federal reimbursement: Department of Central

8 Management Services, except for awards made by the Illinois

9 Workers' Compensation Commission under the terms of the

10 Workers' Compensation Act or Workers' Occupational Diseases

11 Act for injury or death of an employee of the Division of

12 Highways in the Department of Transportation.

13  Beginning with fiscal year 1984 and thereafter, no Road

14 Fund monies shall be appropriated to the following Departments

15 or agencies of State government for administration, grants, or

16 operations; but this limitation is not a restriction upon

17 appropriating for those purposes any Road Fund monies that are

18 eligible for federal reimbursement:

19  1. Illinois State Police, except not more than 40% of

20  the funds appropriated for the Division of Patrol and

21  Division of Criminal Investigation;

22  2. State Officers.

23  Beginning with fiscal year 1984 and thereafter, no Road

24 Fund monies shall be appropriated to any Department or agency

25 of State government for administration, grants, or operations

26 except as provided hereafter; but this limitation is not a
    HB2335 Enrolled  - 20 - LRB104 09655 LNS 19721 b

1 restriction upon appropriating for those purposes any Road

2 Fund monies that are eligible for federal reimbursement. It

3 shall not be lawful to circumvent the above appropriation

4 limitations by governmental reorganization or other methods.

5 Appropriations shall be made from the Road Fund only in

6 accordance with the provisions of this Section.

7   Money in the Road Fund shall, if and when the State of

8 Illinois incurs any bonded indebtedness for the construction

9 of permanent highways, be set aside and used for the purpose of

10 paying and discharging during each fiscal year the principal

11 and interest on that bonded indebtedness as it becomes due and

12 payable as provided in the General Obligation Bond Act, and

13 for no other purpose. The surplus, if any, in the Road Fund

14 after the payment of principal and interest on that bonded

15 indebtedness then annually due shall be used as follows:

16  first -- to pay the cost of administration of Chapters

17  2 through 10 of the Illinois Vehicle Code; and

18  secondly -- no Road Fund monies derived from fees,

19  excises, or license taxes relating to registration,

20  operation and use of vehicles on public highways or to

21  fuels used for the propulsion of those vehicles, shall be

22  appropriated or expended other than for costs of

23  administering the laws imposing those fees, excises, and

24  license taxes, statutory refunds and adjustments allowed

25  thereunder, administrative costs of the Department of

26  Transportation, including, but not limited to, the
    HB2335 Enrolled  - 21 - LRB104 09655 LNS 19721 b

1   operating expenses of the Department relating to the

2   administration of public transportation programs, payment

3   of debts and liabilities incurred in construction and

4   reconstruction of public highways and bridges, acquisition

5   of rights-of-way for and the cost of construction,

6   reconstruction, maintenance, repair, and operation of

7   public highways and bridges under the direction and

8   supervision of the State, political subdivision, or

9   municipality collecting those monies, Northern Illinois

10  Transit or during fiscal year 2025 for the purposes of a

11  grant not to exceed $10,020,000 to the Northern Illinois

12  Transit Authority on behalf of PACE for the purpose of

13  ADA/Para-transit expenses, or during fiscal year 2026 for

14  the purposes of a grant not to exceed $11,500,000 to the

15  Regional Transportation Authority on behalf of PACE for

16  the purpose of ADA/Para-transit expenses, and the costs

17  for patrolling and policing the public highways (by the

18  State, political subdivision, or municipality collecting

19  that money) for enforcement of traffic laws. The

20  separation of grades of such highways with railroads and

21  costs associated with protection of at-grade highway and

22  railroad crossing shall also be permissible.

23  Appropriations for any of such purposes are payable from

24 the Road Fund or the Grade Crossing Protection Fund as

25 provided in Section 8 of the Motor Fuel Tax Law.

26  Except as provided in this paragraph, beginning with
    HB2335 Enrolled  - 22 - LRB104 09655 LNS 19721 b

1 fiscal year 1991 and thereafter, no Road Fund monies shall be

2 appropriated to the Illinois State Police for the purposes of

3 this Section in excess of its total fiscal year 1990 Road Fund

4 appropriations for those purposes unless otherwise provided in

5 Section 5g of this Act. For fiscal years 2003, 2004, 2005,

6 2006, and 2007 only, no Road Fund monies shall be appropriated

7 to the Department of State Police for the purposes of this

8 Section in excess of $97,310,000. For fiscal year 2008 only,

9 no Road Fund monies shall be appropriated to the Department of

10 State Police for the purposes of this Section in excess of

11 $106,100,000. For fiscal year 2009 only, no Road Fund monies

12 shall be appropriated to the Department of State Police for

13 the purposes of this Section in excess of $114,700,000.

14 Beginning in fiscal year 2010, no Road Fund moneys shall be

15 appropriated to the Illinois State Police. It shall not be

16 lawful to circumvent this limitation on appropriations by

17 governmental reorganization or other methods unless otherwise

18 provided in Section 5g of this Act.

19  In fiscal year 1994, no Road Fund monies shall be

20 appropriated to the Secretary of State for the purposes of

21 this Section in excess of the total fiscal year 1991 Road Fund

22 appropriations to the Secretary of State for those purposes,

23 plus $9,800,000. It shall not be lawful to circumvent this

24 limitation on appropriations by governmental reorganization or

25 other method.

26  Beginning with fiscal year 1995 and thereafter, no Road
    HB2335 Enrolled         - 23 - LRB104 09655 LNS 19721 b

1 Fund monies shall be appropriated to the Secretary of State

2 for the purposes of this Section in excess of the total fiscal

3 year 1994 Road Fund appropriations to the Secretary of State

4 for those purposes. It shall not be lawful to circumvent this

5 limitation on appropriations by governmental reorganization or

6 other methods.

7   Beginning with fiscal year 2000, total Road Fund

8 appropriations to the Secretary of State for the purposes of

9 this Section shall not exceed the amounts specified for the

10 following fiscal years:

11  Fiscal Year 2000                        $80,500,000;

12  Fiscal Year 2001                        $80,500,000;

13  Fiscal Year 2002                        $80,500,000;

14  Fiscal Year 2003                        $130,500,000;

15  Fiscal Year 2004                        $130,500,000;

16  Fiscal Year 2005                        $130,500,000;

17  Fiscal Year 2006                        $130,500,000;

18  Fiscal Year 2007                        $130,500,000;

19  Fiscal Year 2008                        $130,500,000;

20  Fiscal Year 2009                        $130,500,000.

21  For fiscal year 2010, no road fund moneys shall be

22 appropriated to the Secretary of State.

23  Beginning in fiscal year 2011, moneys in the Road Fund

24 shall be appropriated to the Secretary of State for the

25 exclusive purpose of paying refunds due to overpayment of fees

26 related to Chapter 3 of the Illinois Vehicle Code unless
    HB2335 Enrolled       - 24 - LRB104 09655 LNS 19721 b

1 otherwise provided for by law.

2   Beginning in fiscal year 2025, moneys in the Road Fund may

3 be appropriated to the Environmental Protection Agency for the

4 exclusive purpose of making deposits into the Electric Vehicle

5 Rebate and Charging Fund, subject to appropriation, to be used

6 for purposes consistent with Section 11 of Article IX of the

7 Illinois Constitution.

8   In fiscal year 2026, in addition to any other uses

9 permitted by law, moneys in the Road Fund may be used, subject

10 to appropriation, by the Department of Transportation for

11 grants to port districts for the purpose of making

12 infrastructure improvements consistent with Section 11 of

13 Article IX of the Illinois Constitution.

14  Notwithstanding any provision of law to the contrary,

15 beginning in Fiscal Year 2027, any interest earned on monies

16 in the Road Fund and the State Construction Account Fund shall

17 be dedicated to public transportation construction

18 improvements or debt service. Of the interest earned on moneys

19 in the Road Fund and the State Construction Account Fund on or

20 after July 1, 2026, 90% shall be deposited into the Northern

21 Illinois Transit Capital Improvement Fund to be used by the

22 Northern Illinois Transit Authority for construction

23 improvements and 10% shall be deposited into the Downstate

24 Mass Transportation Capital Improvement Fund to be used by

25 participants in the Downstate Public Transportation Fund,

26 other than the Northern Illinois Transit Authority, for
    HB2335 Enrolled   - 25 - LRB104 09655 LNS 19721 b

1 construction improvements. There shall be a transfer of

2 $5,000,000 from the Downstate Transit Improvement Fund to an

3 airport operated under the University of Illinois Airport Act.

4 Beginning in Fiscal Year 2027, the Department shall issue a

5 biennial semi-annual call for projects for the this program

6 funded by the interest earned on moneys in the Road Fund and

7 State Construction Account Fund and deposited into the

8 Downstate Mass Transportation Capital Improvement Fund.

9   It shall not be lawful to circumvent this limitation on

10 appropriations by governmental reorganization or other

11 methods.

12  No new program may be initiated in fiscal year 1991 and

13 thereafter that is not consistent with the limitations imposed

14 by this Section for fiscal year 1984 and thereafter, insofar

15 as appropriation of Road Fund monies is concerned.

16  Nothing in this Section prohibits transfers from the Road

17 Fund to the State Construction Account Fund under Section 5e

18 of this Act; nor to the General Revenue Fund, as authorized by

19 Public Act 93-25.

20  The additional amounts authorized for expenditure in this

21 Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

22 shall be repaid to the Road Fund from the General Revenue Fund

23 in the next succeeding fiscal year that the General Revenue

24 Fund has a positive budgetary balance, as determined by

25 generally accepted accounting principles applicable to

26 government.
    HB2335 Enrolled         - 26 - LRB104 09655 LNS 19721 b

1   The additional amounts authorized for expenditure by the

2 Secretary of State and the Department of State Police in this

3 Section by Public Act 94-91 shall be repaid to the Road Fund

4 from the General Revenue Fund in the next succeeding fiscal

5 year that the General Revenue Fund has a positive budgetary

6 balance, as determined by generally accepted accounting

7 principles applicable to government.

8 (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 1-1-24;

9 103-588, eff. 6-5-24; 103-605, eff. 7-1-24; 103-616, eff.

10 7-1-24; 104-2, eff. 6-16-25; 104-417, eff. 8-15-25; 104-457,

11 eff. 6-1-26; 104-458, eff. 6-1-26; revised 1-12-26.)

12  Section 20. The Illinois Procurement Code is amended by

13 changing Section 20-25.3 as follows:

14  (30 ILCS 500/20-25.3)

15  (This Section may contain text from a Public Act with a

16 delayed effective date)

17  Sec. 20-25.3. Procurement of transition consultant by the

18 Department of Transportation.

19  (a) Notwithstanding any other provision of this Code or

20 any law to the contrary, the Department of Transportation

21 shall identify a method of source selection that will make it

22 possible to procure and contract with a consultant to assist

23 with the transition from the Regional Transportation Authority

24 to the Northern Illinois Transit Authority as set out in
    HB2335 Enrolled  - 27 - LRB104 09655 LNS 19721 b

1 Section 1.04 of the Northern Illinois Transit Authority Act.

2 The source selection method identified by the Department of

3 Transportation is not limited to those otherwise set forth in

4 this Code. The transition consultant shall assist the

5 Department of Transportation and the interim Northern Illinois

6 Transit Authority Board to develop a transition plan,

7 including the transition of functions between the Service

8 Boards and the Authority, the evaluation of existing policy

9 processes, and the development of a process for efficient and

10 effective operations by both the Northern Illinois Transit

11 Authority and the Service Boards.

12  (b) The method of source selection shall be by an

13 expedited, competitive process approved by the Chief

14 Procurement Officer appointed under paragraph (4) of

15 subsection (a) of Section 10-20.

16  (c) All potential contractors shall be registered in the

17 Illinois Procurement Gateway vendor portal prior to contract

18 execution.

19  (d) Except for Sections 5-5, 5-7, 10-10, 20-75, 20-80,

20 20-120, 20-155, 20-160, and 25-60, paragraph (5) of subsection

21 (b) of Section 15-25, and Article 50 and any rules adopted

22 under those Sections and Article, this Code does not apply to

23 procurements required by this Section, notwithstanding any

24 other provision of this Code or any law to the contrary.

25  (e) This Section is inoperative 2 years after the

26 effective date of this amendatory Act of the 104th General
   HB2335 Enrolled         - 28 - LRB104 09655 LNS 19721 b

1 Assembly.
2 (Source: P.A. 104-457, eff. 6-1-26.)

3  Section 25. The Downstate Public Transportation Act is

4 amended by changing Sections 2-2.03, 2-7, 2-15, 3-1.03, and

5 4-1.11 as follows:

6  (30 ILCS 740/2-2.03) (from Ch. 111 2/3, par. 662.03)

7  Sec. 2-2.03. "Operating deficits" means the amount by

8 which eligible operating expenses exceed revenue from fares,

9 reduced fare reimbursements, rental of properties,

10 advertising, and any other amounts collected and received by a

11 provider of public transportation, which, under standard

12 accounting practices, are properly classified as operating

13 revenue or operating income attributable to providing public

14 transportation and revenue from any federal financial

15 assistance received by the participant to defray operating

16 expenses or deficits. For purposes of determining operating

17 deficits, local effort from local taxes or its equivalent

18 shall not be included as operating revenue or operating

19 income. Provided, however, under the provisions of this Act

20 with respect to any operating deficit incurred by any

21 Metro-East Transit District participant, such operating

22 deficits shall be limited solely to those arising out of

23 operations within the State of Illinois.

24 (Source: P.A. 86-590.)
    HB2335 Enrolled  - 29 - LRB104 09655 LNS 19721 b

1   (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)

2   Sec. 2-7. Quarterly reports; annual audit.

3   (a) Any Metro-East Transit District participant shall, no

4 later than 60 days following the end of each quarter of any

5 fiscal year, file with the Department on forms provided by the

6 Department for that purpose, a report of the actual operating

7 deficit experienced during that quarter. The Department shall,

8 upon receipt of the quarterly report, determine whether the

9 operating deficits were incurred in conformity with the

10 program of proposed expenditures and services approved by the

11 Department pursuant to Section 2-11. Any Metro-East District

12 may either monthly or quarterly for any fiscal year file a

13 request for the participant's eligible share, as allocated in

14 accordance with Section 2-6, of the amounts transferred into

15 the Metro-East Public Transportation Fund.

16  (b) Each participant other than any Metro-East Transit

17 District participant shall, 30 days before the end of each

18 quarter, file with the Department on forms provided by the

19 Department for such purposes a report of the projected

20 eligible operating expenses to be incurred in the next quarter

21 and 30 days before the third and fourth quarters of any fiscal

22 year a statement of actual eligible operating expenses

23 incurred in the preceding quarters. Except as otherwise

24 provided in subsection (b-5), within 45 days of receipt by the

25 Department of such quarterly report, the Comptroller shall
HB2335 Enrolled  - 30 - LRB104 09655 LNS 19721 b

 1 order paid and the Treasurer shall pay from the Downstate
 2 Public Transportation Fund to each participant an amount equal
 3 to one-third of such participant's eligible operating
 4 expenses; provided, however, that in Fiscal Year 1997, the
 5 amount paid to each participant from the Downstate Public
 6 Transportation Fund shall be an amount equal to 47% of such
 7 participant's eligible operating expenses and shall be
 8 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 1999,
 9 53% in Fiscal Year 2000, 55% in Fiscal Years 2001 through 2007,
10 65% in Fiscal Years 2008 through 2026, and 80% in Fiscal Year
11 2027 and thereafter; however, in any year that a participant
12 receives funding under subsection (i) of Section 2705-305 of
13 the Department of Transportation Law (20 ILCS 2705/2705-305),
14 that participant shall be eligible only for assistance equal
15 to the following percentage of its eligible operating
16 expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998, 46%
17 in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in Fiscal
18 Year 2001 and thereafter. Any such payment for the third and
19 fourth quarters of any fiscal year shall be adjusted to
20 reflect actual eligible operating expenses for preceding
21 quarters of such fiscal year. However, no participant shall
22 receive an amount less than that which was received in the
23 immediate prior year, provided in the event of a shortfall in
24 the fund those participants receiving less than their full
25 allocation pursuant to Section 2-6 of this Article shall be
26 the first participants to receive an amount not less than that
    HB2335 Enrolled  - 31 - LRB104 09655 LNS 19721 b

1 received in the immediate prior year.

2   (b-5) (Blank).

3   (b-10) On July 1, 2008, each participant shall receive an

4 appropriation in an amount equal to 65% of its fiscal year 2008

5 eligible operating expenses adjusted by the annual 10%

6 increase required by Section 2-2.04 of this Act. In no case

7 shall any participant receive an appropriation that is less

8 than its fiscal year 2008 appropriation. Every fiscal year

9 thereafter, each participant's appropriation shall increase by

10 10% over the appropriation established for the preceding

11 fiscal year as required by Section 2-2.04 of this Act.

12  (b-11) Beginning July 1, 2026, and every fiscal year

13 thereafter, if the participant's expenditures in the

14 immediately preceding fiscal year are equal to or greater than

15 85% of the amounts appropriated to the participant in the

16 immediately preceding fiscal year, then the participant's

17 appropriation shall increase by an amount equal to the

18 year-over-year percentage increase in revenue deposited into

19 the Downstate Public Transportation Fund. Beginning July 1,

20 2032, and every fiscal year thereafter, if the participant's

21 expenditures in the immediately preceding fiscal year are

22 equal to or greater than 85% of the amounts appropriated to the

23 participant in the immediately preceding fiscal year, then the

24 participant's appropriation shall increase by an amount equal

25 to the year-over-year percentage increase in revenue deposited

26 into the Downstate Public Transportation Fund. In no event
    HB2335 Enrolled  - 32 - LRB104 09655 LNS 19721 b

1 shall the participant's appropriation be less than the

2 appropriation for the immediately preceding fiscal year. If

3 there was a year-over-year reduction in the revenue deposited

4 into the Fund, then each participant's appropriation shall be

5 equal to their appropriation from the previous fiscal year

6 then each participant's appropriation shall be no more than

7 the previous fiscal year's appropriation.

8   (b-15) Beginning on July 1, 2007, and for each fiscal year

9 thereafter, each participant shall maintain a minimum local

10 share contribution (from farebox and all other local revenues)

11 equal to the actual amount provided in Fiscal Year 2006 or, for

12 new recipients, an amount equivalent to the local share

13 provided in the first year of participation. The local share

14 contribution shall be reduced by an amount equal to the total

15 amount of lost revenue for services provided under Section

16 2-15.2 and Section 2-15.3 of this Act.

17  (b-20) Any participant in the Downstate Public

18 Transportation Fund may use State operating assistance funding

19 pursuant to this Section to provide transportation services

20 within any county that is contiguous to its territorial

21 boundaries as defined by the Department and subject to

22 Departmental approval. Any such contiguous-area service

23 provided by a participant after July 1, 2007 must meet the

24 requirements of subsection (a) of Section 2-5.1.

25  (c) No later than 180 days following the last day of the

26 participant's Fiscal Year each participant shall provide the
    HB2335 Enrolled  - 33 - LRB104 09655 LNS 19721 b

1 Department with an audit prepared by a Certified Public

2 Accountant covering that Fiscal Year. For those participants

3 other than a Metro-East Transit District, any discrepancy

4 between the funds paid and the percentage of the eligible

5 operating expenses provided for by paragraph (b) of this

6 Section shall be reconciled by appropriate payment or credit.

7 In the case of any Metro-East Transit District, any amount of

8 payments from the Metro-East Public Transportation Fund which

9 exceed the eligible deficit of the participant shall be

10 reconciled by appropriate payment or credit.

11  (d) Upon the Department's final reconciliation

12 determination that identifies a discrepancy between the

13 Downstate Operating Assistance Program funds paid and the

14 percentage of the eligible operating expenses which results in

15 a reimbursement payment due to the Department, the participant

16 shall remit the reimbursement payment to the Department no

17 later than 90 days after written notification.

18  (e) Funds received by the Department from participants for

19 reimbursement as a result of an overpayment from a prior State

20 fiscal year shall be deposited into the Downstate Public

21 Transportation Fund in the fiscal year in which they are

22 received and all unspent funds shall roll to following fiscal

23 years.

24  (f) Upon the Department's final reconciliation

25 determination that identifies a discrepancy between the

26 Downstate Operating Assistance Program funds paid and the
   HB2335 Enrolled  - 34 - LRB104 09655 LNS 19721 b

1 percentage of the eligible operating expenses which results in
2 a reimbursement payment due to the participant, the Department
3 shall remit the reimbursement payment to the participant no
4 later than 90 days after written notifications.
5 (Source: P.A. 103-154, eff. 6-30-23; 104-457, eff. 6-1-26.)

6  (30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1)

7  Sec. 2-15. Residual fund balance.

8  (a) Except as otherwise provided in this Section, all

9 funds that remain in the Downstate Public Transportation Fund

10 or the Metro-East Public Transportation Fund after the payment

11 of the fourth quarterly payment to participants other than

12 Metro-East Transit District participants and the last monthly

13 payment to Metro-East Transit participants in each fiscal year

14 shall be transferred to the Downstate Transit Improvement Fund

15 for fiscal year 2026 and each fiscal year thereafter.

16 Transfers shall be made no later than 90 days after the end of

17 the fiscal year. However, an amount the Department determines

18 to be necessary for allocation to participants for the

19 purposes of Section 2-7 for the first quarter of the

20 succeeding fiscal year and an amount equal to 2% of the total

21 allocations to participants in the immediately preceding

22 fiscal year to be used for the purpose of audit adjustments

23 shall be retained in the Funds to be used by the Department for

24 those purposes. Beginning fiscal year 2010, all moneys each

25 year in the Downstate Transit Improvement Fund, held solely
HB2335 Enrolled  - 35 - LRB104 09655 LNS 19721 b

 1 for the benefit of the participants in the Downstate Public
 2 Transportation Fund and shall be appropriated to the
 3 Department to make competitive capital grants to the
 4 participants of the respective funds, except that a portion of
 5 the total residual fund balance remaining in the Downstate
 6 Transit Improvement Fund after the completion of Fiscal Year
 7 2026 and every year thereafter may be used by the Department
 8 for intercity rail capital projects for connectivity between
 9 downstate communities and Chicago, including routes to new
10 destinations. Beginning in Fiscal Year 2026, the Department of
11 Transportation may issue an annual notice of funding
12 opportunity for intercity rail capital projects that may
13 include, but are not limited to, station upgrades, grade
14 separations, and planning studies for new destinations. The
15 amount used from this fund for intercity rail capital projects
16 may not exceed $342,000,000. However, such amount as the
17 Department determines to be necessary for (1) allocation to
18 participants for the purposes of Section 2-7 for the first
19 quarter of the succeeding fiscal year and (2) an amount equal
20 to 2% of the total allocations to participants in the fiscal
21 year just ended to be used for the purpose of audit adjustments
22 shall be retained in such Funds to be used by the Department
23 for such purposes. Notwithstanding any other provision of law,
24 for Fiscal Year 2027, the sum of $3,750,000, or so much of that
25 amount as may be necessary, may be appropriated from the
26 Downstate Transit Improvement Fund to the Department of
    HB2335 Enrolled      - 36 - LRB104 09655 LNS 19721 b

1 Transportation to make a grant to the Springfield Airport

2 Authority for the purpose of supporting daily commercial air

3 service between Springfield and Chicago O'Hare International

4 Airport in order to facilitate State operations in the Capital

5 City.

6   (b) Notwithstanding any other provision of law, in

7 addition to any other transfers that may be provided by law, on

8 July 1, 2011, or as soon thereafter as practical, the State

9 Comptroller shall direct and the State Treasurer shall

10 transfer the remaining balance from the Metro East Public

11 Transportation Fund into the General Revenue Fund. Upon

12 completion of the transfers, the Metro East Public

13 Transportation Fund is dissolved, and any future deposits due

14 to that Fund and any outstanding obligations or liabilities of

15 that Fund pass to the General Revenue Fund.

16  (c) If necessary, the Department of Transportation may

17 notify the Comptroller of a projected deficit in the Downstate

18 Public Transportation Fund of the amount needed to cover the

19 required statutory reimbursement of eligible operating

20 expenses to participants in the Downstate Public

21 Transportation Fund. If the Comptroller is notified of a

22 projected deficit, then the Comptroller shall order

23 transferred and the Treasurer shall transfer from the

24 Downstate Transit Improvement Fund the amount necessary to

25 remedy the projected deficit in the Downstate Public

26 Transportation Fund.
    HB2335 Enrolled        - 37 - LRB104 09655 LNS 19721 b

1 (Source: P.A. 104-457, eff. 6-1-26.)

2   (30 ILCS 740/3-1.03) (from Ch. 111 2/3, par. 684)

3   Sec. 3-1.03. "Operating deficits" means the amount by

4 which eligible operating expenses exceed revenues from

5 nonreimbursable fares, rental of properties, advertising, and

6 any other amounts collected or received in the process of

7 providing public transportation under this Article which,

8 under standard accounting practices for the providing of

9 public transportation are properly classified as operating

10 revenue or operating income attributable to providing public

11 transportation under this Article. For purposes of determining

12 operating deficits, operating revenue or operating income

13 shall not include such funds as the Department may determine

14 consistent with federal Department of Transportation

15 regulations and requirements affecting Section 18.

16 (Source: P.A. 82-783.)

17  (30 ILCS 740/4-1.11) (from Ch. 111 2/3, par. 699.11)

18  Sec. 4-1.11. "Operating revenues" means income from

19 nonreimbursable fares, rental of properties, advertising,

20 local and state funds contributed to meet eligible operating

21 expenses, and any other amounts collected or received in the

22 process of providing public transportation under this Article,

23 and any revenue which is an operating revenue according to

24 standard accounting practices for the providing of public
   HB2335 Enrolled  - 38 - LRB104 09655 LNS 19721 b

1 transportation and which the Secretary may determine,
2 consistent with the federal Department of Transportation
3 regulations and requirements.
4 (Source: P.A. 86-16.)

5  Section 28. The Use Tax Act is amended by changing Section

6 9 as follows:

7  (35 ILCS 105/9)

8  Sec. 9. Except as to motor vehicles, watercraft, aircraft,

9 and trailers that are required to be registered with an agency

10 of this State, each retailer required or authorized to collect

11 the tax imposed by this Act shall pay to the Department the

12 amount of such tax (except as otherwise provided) at the time

13 when he is required to file his return for the period during

14 which such tax was collected, less a discount of 2.1% prior to

15 January 1, 1990, and 1.75% on and after January 1, 1990, or $5

16 per calendar year, whichever is greater, which is allowed to

17 reimburse the retailer for expenses incurred in collecting the

18 tax, keeping records, preparing and filing returns, remitting

19 the tax and supplying data to the Department on request.

20 Beginning with returns due on or after January 1, 2025, the

21 discount allowed in this Section, the Retailers' Occupation

22 Tax Act, the Service Occupation Tax Act, and the Service Use

23 Tax Act, including any local tax administered by the

24 Department and reported on the same return, shall not exceed
HB2335 Enrolled  - 39 - LRB104 09655 LNS 19721 b

 1 $1,000 per month in the aggregate for returns other than
 2 transaction returns filed during the month. When determining
 3 the discount allowed under this Section, retailers shall
 4 include the amount of tax that would have been due at the 6.25%
 5 rate but for the 1.25% rate imposed on sales tax holiday items
 6 under Public Act 102-700. The discount under this Section is
 7 not allowed for the 1.25% portion of taxes paid on aviation
 8 fuel that is subject to the revenue use requirements of 49
 9 U.S.C. 47107(b) and 49 U.S.C. 47133. When determining the
10 discount allowed under this Section, retailers shall include
11 the amount of tax that would have been due at the 1% rate but
12 for the 0% rate imposed under Public Act 102-700. In the case
13 of retailers who report and pay the tax on a transaction by
14 transaction basis, as provided in this Section, such discount
15 shall be taken with each such tax remittance instead of when
16 such retailer files his periodic return, but, beginning with
17 returns due on or after January 1, 2025, the discount allowed
18 under this Section and the Retailers' Occupation Tax Act,
19 including any local tax administered by the Department and
20 reported on the same transaction return, shall not exceed
21 $1,000 per month for all transaction returns filed during the
22 month. The discount allowed under this Section is allowed only
23 for returns that are filed in the manner required by this Act.
24 The Department may disallow the discount for retailers whose
25 certificate of registration is revoked at the time the return
26 is filed, but only if the Department's decision to revoke the
    HB2335 Enrolled   - 40 - LRB104 09655 LNS 19721 b

1 certificate of registration has become final. A retailer need

2 not remit that part of any tax collected by him to the extent

3 that he is required to remit and does remit the tax imposed by

4 the Retailers' Occupation Tax Act, with respect to the sale of

5 the same property.

6   Where such tangible personal property is sold under a

7 conditional sales contract, or under any other form of sale

8 wherein the payment of the principal sum, or a part thereof, is

9 extended beyond the close of the period for which the return is

10 filed, the retailer, in collecting the tax (except as to motor

11 vehicles, watercraft, aircraft, and trailers that are required

12 to be registered with an agency of this State), may collect for

13 each tax return period only the tax applicable to that part of

14 the selling price actually received during such tax return

15 period.

16  In the case of leases, except as otherwise provided in

17 this Act, the lessor, in collecting the tax, may collect for

18 each tax return period only the tax applicable to that part of

19 the selling price actually received during such tax return

20 period.

21  Except as provided in this Section, on or before the

22 twentieth day of each calendar month, such retailer shall file

23 a return for the preceding calendar month. Such return shall

24 be filed on forms prescribed by the Department and shall

25 furnish such information as the Department may reasonably

26 require. The return shall include the gross receipts on food
    HB2335 Enrolled     - 41 - LRB104 09655 LNS 19721 b

1 for human consumption that is to be consumed off the premises

2 where it is sold (other than alcoholic beverages, food

3 consisting of or infused with adult use cannabis, soft drinks,

4 and food that has been prepared for immediate consumption)

5 which were received during the preceding calendar month,

6 quarter, or year, as appropriate, and upon which tax would

7 have been due but for the 0% rate imposed under Public Act

8 102-700. The return shall also include the amount of tax that

9 would have been due on food for human consumption that is to be

10 consumed off the premises where it is sold (other than

11 alcoholic beverages, food consisting of or infused with adult

12 use cannabis, soft drinks, and food that has been prepared for

13 immediate consumption) but for the 0% rate imposed under

14 Public Act 102-700.

15  On and after January 1, 2018, except for returns required

16 to be filed prior to January 1, 2023 for motor vehicles,

17 watercraft, aircraft, and trailers that are required to be

18 registered with an agency of this State, with respect to

19 retailers whose annual gross receipts average $20,000 or more,

20 all returns required to be filed pursuant to this Act shall be

21 filed electronically. On and after January 1, 2023, with

22 respect to retailers whose annual gross receipts average

23 $20,000 or more, all returns required to be filed pursuant to

24 this Act, including, but not limited to, returns for motor

25 vehicles, watercraft, aircraft, and trailers that are required

26 to be registered with an agency of this State, shall be filed
    HB2335 Enrolled  - 42 - LRB104 09655 LNS 19721 b

1 electronically. Retailers who demonstrate that they do not

2 have access to the Internet or demonstrate hardship in filing

3 electronically may petition the Department to waive the

4 electronic filing requirement.

5   The Department may require returns to be filed on a

6 quarterly basis. If so required, a return for each calendar

7 quarter shall be filed on or before the twentieth day of the

8 calendar month following the end of such calendar quarter. The

9 taxpayer shall also file a return with the Department for each

10 of the first 2 months of each calendar quarter, on or before

11 the twentieth day of the following calendar month, stating:

12  1. The name of the seller;

13  2. The address of the principal place of business from

14  which he engages in the business of selling tangible

15  personal property at retail in this State;

16  3. The total amount of taxable receipts received by

17  him during the preceding calendar month from sales of

18  tangible personal property by him during such preceding

19  calendar month, including receipts from charge and time

20  sales, but less all deductions allowed by law;

21  4. The amount of credit provided in Section 2d of this

22  Act;

23  5. The amount of tax due;

24  5-5. The signature of the taxpayer; and

25  6. Such other reasonable information as the Department

26  may require.
    HB2335 Enrolled  - 43 - LRB104 09655 LNS 19721 b

1   Each retailer required or authorized to collect the tax

2 imposed by this Act on aviation fuel sold at retail in this

3 State during the preceding calendar month shall, instead of

4 reporting and paying tax on aviation fuel as otherwise

5 required by this Section, report and pay such tax on a separate

6 aviation fuel tax return. The requirements related to the

7 return shall be as otherwise provided in this Section.

8 Notwithstanding any other provisions of this Act to the

9 contrary, retailers collecting tax on aviation fuel shall file

10 all aviation fuel tax returns and shall make all aviation fuel

11 tax payments by electronic means in the manner and form

12 required by the Department. For purposes of this Section,

13 "aviation fuel" means jet fuel and aviation gasoline.

14  If a taxpayer fails to sign a return within 30 days after

15 the proper notice and demand for signature by the Department,

16 the return shall be considered valid and any amount shown to be

17 due on the return shall be deemed assessed.

18  Notwithstanding any other provision of this Act to the

19 contrary, retailers subject to tax on cannabis shall file all

20 cannabis tax returns and shall make all cannabis tax payments

21 by electronic means in the manner and form required by the

22 Department.

23  Beginning October 1, 1993, a taxpayer who has an average

24 monthly tax liability of $150,000 or more shall make all

25 payments required by rules of the Department by electronic

26 funds transfer. Beginning October 1, 1994, a taxpayer who has
    HB2335 Enrolled  - 44 - LRB104 09655 LNS 19721 b

1 an average monthly tax liability of $100,000 or more shall

2 make all payments required by rules of the Department by

3 electronic funds transfer. Beginning October 1, 1995, a

4 taxpayer who has an average monthly tax liability of $50,000

5 or more shall make all payments required by rules of the

6 Department by electronic funds transfer. Beginning October 1,

7 2000, a taxpayer who has an annual tax liability of $200,000 or

8 more shall make all payments required by rules of the

9 Department by electronic funds transfer. The term "annual tax

10 liability" shall be the sum of the taxpayer's liabilities

11 under this Act, and under all other State and local occupation

12 and use tax laws administered by the Department, for the

13 immediately preceding calendar year. The term "average monthly

14 tax liability" means the sum of the taxpayer's liabilities

15 under this Act, and under all other State and local occupation

16 and use tax laws administered by the Department, for the

17 immediately preceding calendar year divided by 12. Beginning

18 on October 1, 2002, a taxpayer who has a tax liability in the

19 amount set forth in subsection (b) of Section 2505-210 of the

20 Department of Revenue Law shall make all payments required by

21 rules of the Department by electronic funds transfer.

22  Before August 1 of each year beginning in 1993, the

23 Department shall notify all taxpayers required to make

24 payments by electronic funds transfer. All taxpayers required

25 to make payments by electronic funds transfer shall make those

26 payments for a minimum of one year beginning on October 1.
    HB2335 Enrolled  - 45 - LRB104 09655 LNS 19721 b

1   Any taxpayer not required to make payments by electronic

2 funds transfer may make payments by electronic funds transfer

3 with the permission of the Department.

4   All taxpayers required to make payment by electronic funds

5 transfer and any taxpayers authorized to voluntarily make

6 payments by electronic funds transfer shall make those

7 payments in the manner authorized by the Department.

8   The Department shall adopt such rules as are necessary to

9 effectuate a program of electronic funds transfer and the

10 requirements of this Section.

11  Before October 1, 2000, if the taxpayer's average monthly

12 tax liability to the Department under this Act, the Retailers'

13 Occupation Tax Act, the Service Occupation Tax Act, the

14 Service Use Tax Act was $10,000 or more during the preceding 4

15 complete calendar quarters, he shall file a return with the

16 Department each month by the 20th day of the month next

17 following the month during which such tax liability is

18 incurred and shall make payments to the Department on or

19 before the 7th, 15th, 22nd and last day of the month during

20 which such liability is incurred. On and after October 1,

21 2000, if the taxpayer's average monthly tax liability to the

22 Department under this Act, the Retailers' Occupation Tax Act,

23 the Service Occupation Tax Act, and the Service Use Tax Act was

24 $20,000 or more during the preceding 4 complete calendar

25 quarters, he shall file a return with the Department each

26 month by the 20th day of the month next following the month
HB2335 Enrolled  - 46 - LRB104 09655 LNS 19721 b

 1 during which such tax liability is incurred and shall make
 2 payment to the Department on or before the 7th, 15th, 22nd and
 3 last day of the month during which such liability is incurred.
 4 If the month during which such tax liability is incurred began
 5 prior to January 1, 1985, each payment shall be in an amount
 6 equal to 1/4 of the taxpayer's actual liability for the month
 7 or an amount set by the Department not to exceed 1/4 of the
 8 average monthly liability of the taxpayer to the Department
 9 for the preceding 4 complete calendar quarters (excluding the
10 month of highest liability and the month of lowest liability
11 in such 4 quarter period). If the month during which such tax
12 liability is incurred begins on or after January 1, 1985, and
13 prior to January 1, 1987, each payment shall be in an amount
14 equal to 22.5% of the taxpayer's actual liability for the
15 month or 27.5% of the taxpayer's liability for the same
16 calendar month of the preceding year. If the month during
17 which such tax liability is incurred begins on or after
18 January 1, 1987, and prior to January 1, 1988, each payment
19 shall be in an amount equal to 22.5% of the taxpayer's actual
20 liability for the month or 26.25% of the taxpayer's liability
21 for the same calendar month of the preceding year. If the month
22 during which such tax liability is incurred begins on or after
23 January 1, 1988, and prior to January 1, 1989, or begins on or
24 after January 1, 1996, each payment shall be in an amount equal
25 to 22.5% of the taxpayer's actual liability for the month or
26 25% of the taxpayer's liability for the same calendar month of
HB2335 Enrolled  - 47 - LRB104 09655 LNS 19721 b

 1 the preceding year. If the month during which such tax
 2 liability is incurred begins on or after January 1, 1989, and
 3 prior to January 1, 1996, each payment shall be in an amount
 4 equal to 22.5% of the taxpayer's actual liability for the
 5 month or 25% of the taxpayer's liability for the same calendar
 6 month of the preceding year or 100% of the taxpayer's actual
 7 liability for the quarter monthly reporting period. The amount
 8 of such quarter monthly payments shall be credited against the
 9 final tax liability of the taxpayer's return for that month.
10 Before October 1, 2000, once applicable, the requirement of
11 the making of quarter monthly payments to the Department shall
12 continue until such taxpayer's average monthly liability to
13 the Department during the preceding 4 complete calendar
14 quarters (excluding the month of highest liability and the
15 month of lowest liability) is less than $9,000, or until such
16 taxpayer's average monthly liability to the Department as
17 computed for each calendar quarter of the 4 preceding complete
18 calendar quarter period is less than $10,000. However, if a
19 taxpayer can show the Department that a substantial change in
20 the taxpayer's business has occurred which causes the taxpayer
21 to anticipate that his average monthly tax liability for the
22 reasonably foreseeable future will fall below the $10,000
23 threshold stated above, then such taxpayer may petition the
24 Department for change in such taxpayer's reporting status. On
25 and after October 1, 2000, once applicable, the requirement of
26 the making of quarter monthly payments to the Department shall
HB2335 Enrolled  - 48 - LRB104 09655 LNS 19721 b

 1 continue until such taxpayer's average monthly liability to
 2 the Department during the preceding 4 complete calendar
 3 quarters (excluding the month of highest liability and the
 4 month of lowest liability) is less than $19,000 or until such
 5 taxpayer's average monthly liability to the Department as
 6 computed for each calendar quarter of the 4 preceding complete
 7 calendar quarter period is less than $20,000. However, if a
 8 taxpayer can show the Department that a substantial change in
 9 the taxpayer's business has occurred which causes the taxpayer
10 to anticipate that his average monthly tax liability for the
11 reasonably foreseeable future will fall below the $20,000
12 threshold stated above, then such taxpayer may petition the
13 Department for a change in such taxpayer's reporting status.
14 The Department shall change such taxpayer's reporting status
15 unless it finds that such change is seasonal in nature and not
16 likely to be long term. Quarter monthly payment status shall
17 be determined under this paragraph as if the rate reduction to
18 1.25% in Public Act 102-700 on sales tax holiday items had not
19 occurred. For quarter monthly payments due on or after July 1,
20 2023 and through June 30, 2024, "25% of the taxpayer's
21 liability for the same calendar month of the preceding year"
22 shall be determined as if the rate reduction to 1.25% in Public
23 Act 102-700 on sales tax holiday items had not occurred.
24 Quarter monthly payment status shall be determined under this
25 paragraph as if the rate reduction to 0% in Public Act 102-700
26 on food for human consumption that is to be consumed off the
    HB2335 Enrolled  - 49 - LRB104 09655 LNS 19721 b

1 premises where it is sold (other than alcoholic beverages,

2 food consisting of or infused with adult use cannabis, soft

3 drinks, and food that has been prepared for immediate

4 consumption) had not occurred. For quarter monthly payments

5 due under this paragraph on or after July 1, 2023 and through

6 June 30, 2024, "25% of the taxpayer's liability for the same

7 calendar month of the preceding year" shall be determined as

8 if the rate reduction to 0% in Public Act 102-700 had not

9 occurred. If any such quarter monthly payment is not paid at

10 the time or in the amount required by this Section, then the

11 taxpayer shall be liable for penalties and interest on the

12 difference between the minimum amount due and the amount of

13 such quarter monthly payment actually and timely paid, except

14 insofar as the taxpayer has previously made payments for that

15 month to the Department in excess of the minimum payments

16 previously due as provided in this Section. The Department

17 shall make reasonable rules and regulations to govern the

18 quarter monthly payment amount and quarter monthly payment

19 dates for taxpayers who file on other than a calendar monthly

20 basis.

21  If any such payment provided for in this Section exceeds

22 the taxpayer's liabilities under this Act, the Retailers'

23 Occupation Tax Act, the Service Occupation Tax Act and the

24 Service Use Tax Act, as shown by an original monthly return,

25 the Department shall issue to the taxpayer a credit memorandum

26 no later than 30 days after the date of payment, which
    HB2335 Enrolled  - 50 - LRB104 09655 LNS 19721 b

1 memorandum may be submitted by the taxpayer to the Department

2 in payment of tax liability subsequently to be remitted by the

3 taxpayer to the Department or be assigned by the taxpayer to a

4 similar taxpayer under this Act, the Retailers' Occupation Tax

5 Act, the Service Occupation Tax Act or the Service Use Tax Act,

6 in accordance with reasonable rules and regulations to be

7 prescribed by the Department, except that if such excess

8 payment is shown on an original monthly return and is made

9 after December 31, 1986, no credit memorandum shall be issued,

10 unless requested by the taxpayer. If no such request is made,

11 the taxpayer may credit such excess payment against tax

12 liability subsequently to be remitted by the taxpayer to the

13 Department under this Act, the Retailers' Occupation Tax Act,

14 the Service Occupation Tax Act or the Service Use Tax Act, in

15 accordance with reasonable rules and regulations prescribed by

16 the Department. If the Department subsequently determines that

17 all or any part of the credit taken was not actually due to the

18 taxpayer, the taxpayer's vendor's discount shall be reduced,

19 if necessary, to reflect the difference between the credit

20 taken and that actually due, and the taxpayer shall be liable

21 for penalties and interest on such difference.

22  If the retailer is otherwise required to file a monthly

23 return and if the retailer's average monthly tax liability to

24 the Department does not exceed $200, the Department may

25 authorize his returns to be filed on a quarter annual basis,

26 with the return for January, February, and March of a given
    HB2335 Enrolled        - 51 - LRB104 09655 LNS 19721 b

1 year being due by April 20 of such year; with the return for

2 April, May and June of a given year being due by July 20 of

3 such year; with the return for July, August and September of a

4 given year being due by October 20 of such year, and with the

5 return for October, November and December of a given year

6 being due by January 20 of the following year.

7   If the retailer is otherwise required to file a monthly or

8 quarterly return and if the retailer's average monthly tax

9 liability to the Department does not exceed $50, the

10 Department may authorize his returns to be filed on an annual

11 basis, with the return for a given year being due by January 20

12 of the following year.

13  Such quarter annual and annual returns, as to form and

14 substance, shall be subject to the same requirements as

15 monthly returns.

16  Notwithstanding any other provision in this Act concerning

17 the time within which a retailer may file his return, in the

18 case of any retailer who ceases to engage in a kind of business

19 which makes him responsible for filing returns under this Act,

20 such retailer shall file a final return under this Act with the

21 Department not more than one month after discontinuing such

22 business.

23  In addition, with respect to motor vehicles, watercraft,

24 aircraft, and trailers that are required to be registered with

25 an agency of this State, except as otherwise provided in this

26 Section, every retailer selling this kind of tangible personal
    HB2335 Enrolled  - 52 - LRB104 09655 LNS 19721 b

1 property shall file, with the Department, upon a form to be

2 prescribed and supplied by the Department, a separate return

3 for each such item of tangible personal property which the

4 retailer sells, except that if, in the same transaction, (i) a

5 retailer of aircraft, watercraft, motor vehicles or trailers

6 transfers more than one aircraft, watercraft, motor vehicle or

7 trailer to another aircraft, watercraft, motor vehicle or

8 trailer retailer for the purpose of resale or (ii) a retailer

9 of aircraft, watercraft, motor vehicles, or trailers transfers

10 more than one aircraft, watercraft, motor vehicle, or trailer

11 to a purchaser for use as a qualifying rolling stock as

12 provided in Section 3-55 of this Act, then that seller may

13 report the transfer of all the aircraft, watercraft, motor

14 vehicles or trailers involved in that transaction to the

15 Department on the same uniform invoice-transaction reporting

16 return form. For purposes of this Section, "watercraft" means

17 a Class 2, Class 3, or Class 4 watercraft as defined in Section

18 3-2 of the Boat Registration and Safety Act, a personal

19 watercraft, or any boat equipped with an inboard motor.

20  In addition, with respect to motor vehicles, watercraft,

21 aircraft, and trailers that are required to be registered with

22 an agency of this State, every person who is engaged in the

23 business of leasing or renting such items and who, in

24 connection with such business, sells any such item to a

25 retailer for the purpose of resale is, notwithstanding any

26 other provision of this Section to the contrary, authorized to
    HB2335 Enrolled  - 53 - LRB104 09655 LNS 19721 b

1 meet the return-filing requirement of this Act by reporting

2 the transfer of all the aircraft, watercraft, motor vehicles,

3 or trailers transferred for resale during a month to the

4 Department on the same uniform invoice-transaction reporting

5 return form on or before the 20th of the month following the

6 month in which the transfer takes place. Notwithstanding any

7 other provision of this Act to the contrary, all returns filed

8 under this paragraph must be filed by electronic means in the

9 manner and form as required by the Department.

10  The transaction reporting return in the case of motor

11 vehicles or trailers that are required to be registered with

12 an agency of this State, shall be the same document as the

13 Uniform Invoice referred to in Section 5-402 of the Illinois

14 Vehicle Code and must show the name and address of the seller;

15 the name and address of the purchaser; the amount of the

16 selling price including the amount allowed by the retailer for

17 traded-in property, if any; the amount allowed by the retailer

18 for the traded-in tangible personal property, if any, to the

19 extent to which Section 2 of this Act allows an exemption for

20 the value of traded-in property; the balance payable after

21 deducting such trade-in allowance from the total selling

22 price; the amount of tax due from the retailer with respect to

23 such transaction; the amount of tax collected from the

24 purchaser by the retailer on such transaction (or satisfactory

25 evidence that such tax is not due in that particular instance,

26 if that is claimed to be the fact); the place and date of the
    HB2335 Enrolled  - 54 - LRB104 09655 LNS 19721 b

1 sale; a sufficient identification of the property sold; such

2 other information as is required in Section 5-402 of the

3 Illinois Vehicle Code, and such other information as the

4 Department may reasonably require.

5   The transaction reporting return in the case of watercraft

6 and aircraft must show the name and address of the seller; the

7 name and address of the purchaser; the amount of the selling

8 price including the amount allowed by the retailer for

9 traded-in property, if any; the amount allowed by the retailer

10 for the traded-in tangible personal property, if any, to the

11 extent to which Section 2 of this Act allows an exemption for

12 the value of traded-in property; the balance payable after

13 deducting such trade-in allowance from the total selling

14 price; the amount of tax due from the retailer with respect to

15 such transaction; the amount of tax collected from the

16 purchaser by the retailer on such transaction (or satisfactory

17 evidence that such tax is not due in that particular instance,

18 if that is claimed to be the fact); the place and date of the

19 sale, a sufficient identification of the property sold, and

20 such other information as the Department may reasonably

21 require.

22  Such transaction reporting return shall be filed not later

23 than 20 days after the date of delivery of the item that is

24 being sold, but may be filed by the retailer at any time sooner

25 than that if he chooses to do so. The transaction reporting

26 return and tax remittance or proof of exemption from the tax
    HB2335 Enrolled             - 55 - LRB104 09655 LNS 19721 b

1 that is imposed by this Act may be transmitted to the

2 Department by way of the State agency with which, or State

3 officer with whom, the tangible personal property must be

4 titled or registered (if titling or registration is required)

5 if the Department and such agency or State officer determine

6 that this procedure will expedite the processing of

7 applications for title or registration.

8   With each such transaction reporting return, the retailer

9 shall remit the proper amount of tax due (or shall submit

10 satisfactory evidence that the sale is not taxable if that is

11 the case), to the Department or its agents, whereupon the

12 Department shall issue, in the purchaser's name, a tax receipt

13 (or a certificate of exemption if the Department is satisfied

14 that the particular sale is tax exempt) which such purchaser

15 may submit to the agency with which, or State officer with

16 whom, he must title or register the tangible personal property

17 that is involved (if titling or registration is required) in

18 support of such purchaser's application for an Illinois

19 certificate or other evidence of title or registration to such

20 tangible personal property.

21  No retailer's failure or refusal to remit tax under this

22 Act precludes a user, who has paid the proper tax to the

23 retailer, from obtaining his certificate of title or other

24 evidence of title or registration (if titling or registration

25 is required) upon satisfying the Department that such user has

26 paid the proper tax (if tax is due) to the retailer. The
    HB2335 Enrolled           - 56 - LRB104 09655 LNS 19721 b

1 Department shall adopt appropriate rules to carry out the

2 mandate of this paragraph.

3   If the user who would otherwise pay tax to the retailer

4 wants the transaction reporting return filed and the payment

5 of tax or proof of exemption made to the Department before the

6 retailer is willing to take these actions and such user has not

7 paid the tax to the retailer, such user may certify to the fact

8 of such delay by the retailer, and may (upon the Department

9 being satisfied of the truth of such certification) transmit

10 the information required by the transaction reporting return

11 and the remittance for tax or proof of exemption directly to

12 the Department and obtain his tax receipt or exemption

13 determination, in which event the transaction reporting return

14 and tax remittance (if a tax payment was required) shall be

15 credited by the Department to the proper retailer's account

16 with the Department, but without the vendor's discount

17 provided for in this Section being allowed. When the user pays

18 the tax directly to the Department, he shall pay the tax in the

19 same amount and in the same form in which it would be remitted

20 if the tax had been remitted to the Department by the retailer.

21  On and after January 1, 2025, with respect to the lease of

22 trailers, other than semitrailers as defined in Section 1-187

23 of the Illinois Vehicle Code, that are required to be

24 registered with an agency of this State and that are subject to

25 the tax on lease receipts under this Act, notwithstanding any

26 other provision of this Act to the contrary, for the purpose of
    HB2335 Enrolled  - 57 - LRB104 09655 LNS 19721 b

1 reporting and paying tax under this Act on those lease

2 receipts, lessors shall file returns in addition to and

3 separate from the transaction reporting return. Lessors shall

4 file those lease returns and make payment to the Department by

5 electronic means on or before the 20th day of each month

6 following the month, quarter, or year, as applicable, in which

7 lease receipts were received. All lease receipts received by

8 the lessor from the lease of those trailers during the same

9 reporting period shall be reported and tax shall be paid on a

10 single return form to be prescribed by the Department.

11  Where a retailer collects the tax with respect to the

12 selling price of tangible personal property which he sells and

13 the purchaser thereafter returns such tangible personal

14 property and the retailer refunds the selling price thereof to

15 the purchaser, such retailer shall also refund, to the

16 purchaser, the tax so collected from the purchaser. When

17 filing his return for the period in which he refunds such tax

18 to the purchaser, the retailer may deduct the amount of the tax

19 so refunded by him to the purchaser from any other use tax

20 which such retailer may be required to pay or remit to the

21 Department, as shown by such return, if the amount of the tax

22 to be deducted was previously remitted to the Department by

23 such retailer. If the retailer has not previously remitted the

24 amount of such tax to the Department, he is entitled to no

25 deduction under this Act upon refunding such tax to the

26 purchaser.
    HB2335 Enrolled         - 58 - LRB104 09655 LNS 19721 b

1   Any retailer filing a return under this Section shall also

2 include (for the purpose of paying tax thereon) the total tax

3 covered by such return upon the selling price of tangible

4 personal property purchased by him at retail from a retailer,

5 but as to which the tax imposed by this Act was not collected

6 from the retailer filing such return, and such retailer shall

7 remit the amount of such tax to the Department when filing such

8 return.

9   If experience indicates such action to be practicable, the

10 Department may prescribe and furnish a combination or joint

11 return which will enable retailers, who are required to file

12 returns hereunder and also under the Retailers' Occupation Tax

13 Act, to furnish all the return information required by both

14 Acts on the one form.

15  Where the retailer has more than one business registered

16 with the Department under separate registration under this

17 Act, such retailer may not file each return that is due as a

18 single return covering all such registered businesses, but

19 shall file separate returns for each such registered business.

20  Beginning January 1, 1990, each month the Department shall

21 pay into the State and Local Sales Tax Reform Fund, a special

22 fund in the State treasury which is hereby created, the net

23 revenue realized for the preceding month from the 1% tax

24 imposed under this Act.

25  Beginning January 1, 1990, each month the Department shall

26 pay into the County and Mass Transit District Fund 4% of the
    HB2335 Enrolled    - 59 - LRB104 09655 LNS 19721 b

1 net revenue realized for the preceding month from the 6.25%

2 general rate on the selling price of tangible personal

3 property which is purchased outside Illinois at retail from a

4 retailer and which is titled or registered by an agency of this

5 State's government.

6   Beginning January 1, 1990, each month the Department shall

7 pay into the State and Local Sales Tax Reform Fund, a special

8 fund in the State treasury, 20% of the net revenue realized for

9 the preceding month from the 6.25% general rate on the selling

10 price of tangible personal property, other than (i) tangible

11 personal property which is purchased outside Illinois at

12 retail from a retailer and which is titled or registered by an

13 agency of this State's government and (ii) aviation fuel sold

14 on or after December 1, 2019. This exception for aviation fuel

15 only applies for so long as the revenue use requirements of 49

16 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.

17  For aviation fuel sold on or after December 1, 2019, each

18 month the Department shall pay into the State Aviation Program

19 Fund 20% of the net revenue realized for the preceding month

20 from the 6.25% general rate on the selling price of aviation

21 fuel, less an amount estimated by the Department to be

22 required for refunds of the 20% portion of the tax on aviation

23 fuel under this Act, which amount shall be deposited into the

24 Aviation Fuel Sales Tax Refund Fund. The Department shall only

25 pay moneys into the State Aviation Program Fund and the

26 Aviation Fuels Sales Tax Refund Fund under this Act for so long
    HB2335 Enrolled         - 60 - LRB104 09655 LNS 19721 b

1 as the revenue use requirements of 49 U.S.C. 47107(b) and 49

2 U.S.C. 47133 are binding on the State.

3   Beginning August 1, 2000, each month the Department shall

4 pay into the State and Local Sales Tax Reform Fund 100% of the

5 net revenue realized for the preceding month from the 1.25%

6 rate on the selling price of motor fuel and gasohol. If, in any

7 month, the tax on sales tax holiday items, as defined in

8 Section 3-6, is imposed at the rate of 1.25%, then the

9 Department shall pay 100% of the net revenue realized for that

10 month from the 1.25% rate on the selling price of sales tax

11 holiday items into the State and Local Sales Tax Reform Fund.

12  Beginning January 1, 1990, each month the Department shall

13 pay into the Local Government Tax Fund 16% of the net revenue

14 realized for the preceding month from the 6.25% general rate

15 on the selling price of tangible personal property which is

16 purchased outside Illinois at retail from a retailer and which

17 is titled or registered by an agency of this State's

18 government.

19  Beginning October 1, 2009, each month the Department shall

20 pay into the Capital Projects Fund an amount that is equal to

21 an amount estimated by the Department to represent 80% of the

22 net revenue realized for the preceding month from the sale of

23 candy, grooming and hygiene products, and soft drinks that had

24 been taxed at a rate of 1% prior to September 1, 2009 but that

25 are now taxed at 6.25%.

26  Beginning July 1, 2011, each month the Department shall
    HB2335 Enrolled  - 61 - LRB104 09655 LNS 19721 b

1 pay into the Clean Air Act Permit Fund 80% of the net revenue

2 realized for the preceding month from the 6.25% general rate

3 on the selling price of sorbents used in Illinois in the

4 process of sorbent injection as used to comply with the

5 Environmental Protection Act or the federal Clean Air Act, but

6 the total payment into the Clean Air Act Permit Fund under this

7 Act and the Retailers' Occupation Tax Act shall not exceed

8 $2,000,000 in any fiscal year.

9   Beginning July 1, 2013, each month the Department shall

10 pay into the Underground Storage Tank Fund from the proceeds

11 collected under this Act, the Service Use Tax Act, the Service

12 Occupation Tax Act, and the Retailers' Occupation Tax Act an

13 amount equal to the average monthly deficit in the Underground

14 Storage Tank Fund during the prior year, as certified annually

15 by the Illinois Environmental Protection Agency, but the total

16 payment into the Underground Storage Tank Fund under this Act,

17 the Service Use Tax Act, the Service Occupation Tax Act, and

18 the Retailers' Occupation Tax Act shall not exceed $18,000,000

19 in any State fiscal year. As used in this paragraph, the

20 "average monthly deficit" shall be equal to the difference

21 between the average monthly claims for payment by the fund and

22 the average monthly revenues deposited into the fund,

23 excluding payments made pursuant to this paragraph.

24  Beginning July 1, 2015, of the remainder of the moneys

25 received by the Department under this Act, the Service Use Tax

26 Act, the Service Occupation Tax Act, and the Retailers'
   HB2335 Enrolled  - 62 - LRB104 09655 LNS 19721 b

1 Occupation Tax Act, each month the Department shall deposit

2 $500,000 into the State Crime Laboratory Fund.

3  Of the remainder of the moneys received by the Department

4 pursuant to this Act, (a) 1.75% thereof shall be paid into the

5 Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on

6 and after July 1, 1989, 3.8% thereof shall be paid into the

7 Build Illinois Fund; provided, however, that if in any fiscal

8 year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

9 may be, of the moneys received by the Department and required

10 to be paid into the Build Illinois Fund pursuant to Section 3

11 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax

12 Act, Section 9 of the Service Use Tax Act, and Section 9 of the

13 Service Occupation Tax Act, such Acts being hereinafter called

14 the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case

15 may be, of moneys being hereinafter called the "Tax Act

16 Amount", and (2) the amount transferred to the Build Illinois

17 Fund from the State and Local Sales Tax Reform Fund shall be

18 less than the Annual Specified Amount (as defined in Section 3

19 of the Retailers' Occupation Tax Act), an amount equal to the

20 difference shall be immediately paid into the Build Illinois

21 Fund from other moneys received by the Department pursuant to

22 the Tax Acts; and further provided, that if on the last

23 business day of any month the sum of (1) the Tax Act Amount

24 required to be deposited into the Build Illinois Bond Account

25 in the Build Illinois Fund during such month and (2) the amount

26 transferred during such month to the Build Illinois Fund from
HB2335 Enrolled  - 63 - LRB104 09655 LNS 19721 b

 1 the State and Local Sales Tax Reform Fund shall have been less
 2 than 1/12 of the Annual Specified Amount, an amount equal to
 3 the difference shall be immediately paid into the Build
 4 Illinois Fund from other moneys received by the Department
 5 pursuant to the Tax Acts; and, further provided, that in no
 6 event shall the payments required under the preceding proviso
 7 result in aggregate payments into the Build Illinois Fund
 8 pursuant to this clause (b) for any fiscal year in excess of
 9 the greater of (i) the Tax Act Amount or (ii) the Annual
10 Specified Amount for such fiscal year; and, further provided,
11 that the amounts payable into the Build Illinois Fund under
12 this clause (b) shall be payable only until such time as the
13 aggregate amount on deposit under each trust indenture
14 securing Bonds issued and outstanding pursuant to the Build
15 Illinois Bond Act is sufficient, taking into account any
16 future investment income, to fully provide, in accordance with
17 such indenture, for the defeasance of or the payment of the
18 principal of, premium, if any, and interest on the Bonds
19 secured by such indenture and on any Bonds expected to be
20 issued thereafter and all fees and costs payable with respect
21 thereto, all as certified by the Director of the Bureau of the
22 Budget (now Governor's Office of Management and Budget). If on
23 the last business day of any month in which Bonds are
24 outstanding pursuant to the Build Illinois Bond Act, the
25 aggregate of the moneys deposited into the Build Illinois Bond
26 Account in the Build Illinois Fund in such month shall be less
    HB2335 Enrolled  - 64 - LRB104 09655 LNS 19721 b

1 than the amount required to be transferred in such month from

2 the Build Illinois Bond Account to the Build Illinois Bond

3 Retirement and Interest Fund pursuant to Section 13 of the

4 Build Illinois Bond Act, an amount equal to such deficiency

5 shall be immediately paid from other moneys received by the

6 Department pursuant to the Tax Acts to the Build Illinois

7 Fund; provided, however, that any amounts paid to the Build

8 Illinois Fund in any fiscal year pursuant to this sentence

9 shall be deemed to constitute payments pursuant to clause (b)

10 of the preceding sentence and shall reduce the amount

11 otherwise payable for such fiscal year pursuant to clause (b)

12 of the preceding sentence. The moneys received by the

13 Department pursuant to this Act and required to be deposited

14 into the Build Illinois Fund are subject to the pledge, claim

15 and charge set forth in Section 12 of the Build Illinois Bond

16 Act.

17  Subject to payment of amounts into the Build Illinois Fund

18 as provided in the preceding paragraph or in any amendment

19 thereto hereafter enacted, the following specified monthly

20 installment of the amount requested in the certificate of the

21 Chairman of the Metropolitan Pier and Exposition Authority

22 provided under Section 8.25f of the State Finance Act, but not

23 in excess of the sums designated as "Total Deposit", shall be

24 deposited in the aggregate from collections under Section 9 of

25 the Use Tax Act, Section 9 of the Service Use Tax Act, Section

26 9 of the Service Occupation Tax Act, and Section 3 of the
    HB2335 Enrolled        - 65 - LRB104 09655 LNS 19721 b

1 Retailers' Occupation Tax Act into the McCormick Place

2 Expansion Project Fund in the specified fiscal years.

3   Fiscal Year            Total Deposit

4                    1993                                $0

5                    1994  53,000,000

6                    1995  58,000,000

7                    1996  61,000,000

8                    1997  64,000,000

9                    1998  68,000,000

10                   1999  71,000,000

11                   2000  75,000,000

12                   2001  80,000,000

13                   2002  93,000,000

14                   2003  99,000,000

15                   2004  103,000,000

16                   2005  108,000,000

17                   2006  113,000,000

18                   2007  119,000,000

19                   2008  126,000,000

20                   2009  132,000,000

21                   2010  139,000,000

22                   2011  146,000,000

23                   2012  153,000,000

24                   2013  161,000,000

25                   2014  170,000,000

26                   2015  179,000,000
    HB2335 Enrolled        - 66 - LRB104 09655 LNS 19721 b

1                    2016  189,000,000
                           199,000,000
2                    2017  210,000,000
                           221,000,000
3                    2018  233,000,000
                           300,000,000
4                    2019  300,000,000
                           300,000,000
5                    2020  300,000,000
                           300,000,000
6                    2021  300,000,000
                           375,000,000
7                    2022  375,000,000
                           375,000,000
8                    2023  375,000,000
                           375,000,000
9                    2024  375,000,000
                           375,000,000
10                   2025  375,000,000
                           375,000,000
11                   2026  450,000,000

12                   2027

13                   2028

14                   2029

15                   2030

16                   2031

17                   2032

18                   2033

19                   2034

20                   2035

21                   2036

22                   and

23  each fiscal year

24  thereafter that bonds

25  are outstanding under

26  Section 13.2 of the
    HB2335 Enrolled  - 67 - LRB104 09655 LNS 19721 b

1   Metropolitan Pier and

2   Exposition Authority Act,

3   but not after fiscal year 2060.

4   Beginning July 20, 1993 and in each month of each fiscal

5 year thereafter, one-eighth of the amount requested in the

6 certificate of the Chairman of the Metropolitan Pier and

7 Exposition Authority for that fiscal year, less the amount

8 deposited into the McCormick Place Expansion Project Fund by

9 the State Treasurer in the respective month under subsection

10 (g) of Section 13 of the Metropolitan Pier and Exposition

11 Authority Act, plus cumulative deficiencies in the deposits

12 required under this Section for previous months and years,

13 shall be deposited into the McCormick Place Expansion Project

14 Fund, until the full amount requested for the fiscal year, but

15 not in excess of the amount specified above as "Total

16 Deposit", has been deposited.

17  Subject to payment of amounts into the Capital Projects

18 Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,

19 and the McCormick Place Expansion Project Fund pursuant to the

20 preceding paragraphs or in any amendments thereto hereafter

21 enacted, for aviation fuel sold on or after December 1, 2019,

22 the Department shall each month deposit into the Aviation Fuel

23 Sales Tax Refund Fund an amount estimated by the Department to

24 be required for refunds of the 80% portion of the tax on

25 aviation fuel under this Act. The Department shall only

26 deposit moneys into the Aviation Fuel Sales Tax Refund Fund
    HB2335 Enrolled      - 68 - LRB104 09655 LNS 19721 b

1 under this paragraph for so long as the revenue use

2 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

3 binding on the State.

4   Subject to payment of amounts into the Build Illinois Fund

5 and the McCormick Place Expansion Project Fund pursuant to the

6 preceding paragraphs or in any amendments thereto hereafter

7 enacted, beginning July 1, 1993 and ending on September 30,

8 2013, the Department shall each month pay into the Illinois

9 Tax Increment Fund 0.27% of 80% of the net revenue realized for

10 the preceding month from the 6.25% general rate on the selling

11 price of tangible personal property.

12  Subject to payment of amounts into the Build Illinois

13 Fund, the McCormick Place Expansion Project Fund, the Illinois

14 Tax Increment Fund, and the Energy Infrastructure Fund

15 pursuant to the preceding paragraphs or in any amendments to

16 this Section hereafter enacted, beginning on the first day of

17 the first calendar month to occur on or after August 26, 2014

18 (the effective date of Public Act 98-1098), each month, from

19 the collections made under Section 9 of the Use Tax Act,

20 Section 9 of the Service Use Tax Act, Section 9 of the Service

21 Occupation Tax Act, and Section 3 of the Retailers' Occupation

22 Tax Act, the Department shall pay into the Tax Compliance and

23 Administration Fund, to be used, subject to appropriation, to

24 fund additional auditors and compliance personnel at the

25 Department of Revenue, an amount equal to 1/12 of 5% of 80% of

26 the cash receipts collected during the preceding fiscal year
    HB2335 Enrolled  - 69 - LRB104 09655 LNS 19721 b

1 by the Audit Bureau of the Department under the Use Tax Act,

2 the Service Use Tax Act, the Service Occupation Tax Act, the

3 Retailers' Occupation Tax Act, and associated local occupation

4 and use taxes administered by the Department.

5   Subject to payments of amounts into the Build Illinois

6 Fund, the McCormick Place Expansion Project Fund, the Illinois

7 Tax Increment Fund, and the Tax Compliance and Administration

8 Fund as provided in this Section, beginning on July 1, 2018 the

9 Department shall pay each month into the Downstate Public

10 Transportation Fund the moneys required to be so paid under

11 Section 2-3 of the Downstate Public Transportation Act.

12  Subject to successful execution and delivery of a

13 public-private agreement between the public agency and private

14 entity and completion of the civic build, beginning on July 1,

15 2023, of the remainder of the moneys received by the

16 Department under the Use Tax Act, the Service Use Tax Act, the

17 Service Occupation Tax Act, and this Act, the Department shall

18 deposit the following specified deposits in the aggregate from

19 collections under the Use Tax Act, the Service Use Tax Act, the

20 Service Occupation Tax Act, and the Retailers' Occupation Tax

21 Act, as required under Section 8.25g of the State Finance Act

22 for distribution consistent with the Public-Private

23 Partnership for Civic and Transit Infrastructure Project Act.

24 The moneys received by the Department pursuant to this Act and

25 required to be deposited into the Civic and Transit

26 Infrastructure Fund are subject to the pledge, claim, and
    HB2335 Enrolled  - 70 - LRB104 09655 LNS 19721 b

1 charge set forth in Section 25-55 of the Public-Private

2 Partnership for Civic and Transit Infrastructure Project Act.

3 As used in this paragraph, "civic build", "private entity",

4 "public-private agreement", and "public agency" have the

5 meanings provided in Section 25-10 of the Public-Private

6 Partnership for Civic and Transit Infrastructure Project Act.

7   Fiscal Year ............................ Total Deposit

8   2024 .................................... $200,000,000

9   2025 .................................... $206,000,000

10  2026 .................................... $212,200,000

11  2027 .................................... $218,500,000

12  2028 .................................... $225,100,000

13  2029 .................................... $288,700,000

14  2030 .................................... $298,900,000

15  2031 .................................... $309,300,000

16  2032 .................................... $320,100,000

17  2033 .................................... $331,200,000

18  2034 .................................... $341,200,000

19  2035 .................................... $351,400,000

20  2036 .................................... $361,900,000

21  2037 .................................... $372,800,000

22  2038 .................................... $384,000,000

23  2039 .................................... $395,500,000

24  2040 .................................... $407,400,000

25  2041 .................................... $419,600,000

26  2042 .................................... $432,200,000
   HB2335 Enrolled  - 71 - LRB104 09655 LNS 19721 b

1  2043 .................................... $445,100,000

2  Beginning July 1, 2021 and until July 1, 2022, subject to

3 the payment of amounts into the State and Local Sales Tax

4 Reform Fund, the Build Illinois Fund, the McCormick Place

5 Expansion Project Fund, the Illinois Tax Increment Fund, and

6 the Tax Compliance and Administration Fund as provided in this

7 Section, the Department shall pay each month into the Road

8 Fund the amount estimated to represent 16% of the net revenue

9 realized from the taxes imposed on motor fuel and gasohol.

10 Beginning July 1, 2022 and until July 1, 2023, subject to the

11 payment of amounts into the State and Local Sales Tax Reform

12 Fund, the Build Illinois Fund, the McCormick Place Expansion

13 Project Fund, the Illinois Tax Increment Fund, and the Tax

14 Compliance and Administration Fund as provided in this

15 Section, the Department shall pay each month into the Road

16 Fund the amount estimated to represent 32% of the net revenue

17 realized from the taxes imposed on motor fuel and gasohol.

18 Beginning July 1, 2023 and until July 1, 2024, subject to the

19 payment of amounts into the State and Local Sales Tax Reform

20 Fund, the Build Illinois Fund, the McCormick Place Expansion

21 Project Fund, the Illinois Tax Increment Fund, and the Tax

22 Compliance and Administration Fund as provided in this

23 Section, the Department shall pay each month into the Road

24 Fund the amount estimated to represent 48% of the net revenue

25 realized from the taxes imposed on motor fuel and gasohol.

26 Beginning July 1, 2024 and until July 1, 2026, subject to the
HB2335 Enrolled  - 72 - LRB104 09655 LNS 19721 b

 1 payment of amounts into the State and Local Sales Tax Reform
 2 Fund, the Build Illinois Fund, the McCormick Place Expansion
 3 Project Fund, the Illinois Tax Increment Fund, and the Tax
 4 Compliance and Administration Fund as provided in this
 5 Section, the Department shall pay each month into the Road
 6 Fund the amount estimated to represent 64% of the net revenue
 7 realized from the taxes imposed on motor fuel and gasohol.
 8 Beginning on July 1, 2026, subject to the payment of amounts
 9 into the State and Local Sales Tax Reform Fund, the Build
10 Illinois Fund, the McCormick Place Expansion Project Fund, the
11 Illinois Tax Increment Fund, and the Tax Compliance and
12 Administration Fund as provided in this Section, the
13 Department shall pay each month into the Public Transportation
14 Fund and the Downstate Public Transportation Fund the amount
15 estimated to represent 80% of the net revenue realized from
16 the taxes imposed on motor fuel and gasohol. Moneys shall be
17 apportioned as follows: 85% into the Public Transportation
18 Fund and 15% into the Downstate Public Transportation Fund.
19 The amounts to be paid each month into the Public
20 Transportation Fund and the Downstate Public Transportation
21 Fund as provided in this paragraph shall be paid and deposited
22 therein directly by the Department and shall not be held or
23 subject to transfer from any other fund. As used in this
24 paragraph, "motor fuel" has the meaning given to that term in
25 Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the
26 meaning given to that term in Section 3-40 of this Act.
    HB2335 Enrolled           - 73 - LRB104 09655 LNS 19721 b

1   Until July 1, 2025, of the remainder of the moneys

2 received by the Department pursuant to this Act, 75% thereof

3 shall be paid into the State treasury and 25% shall be reserved

4 in a special account and used only for the transfer to the

5 Common School Fund as part of the monthly transfer from the

6 General Revenue Fund in accordance with Section 8a of the

7 State Finance Act. Beginning July 1, 2025, of the remainder of

8 the moneys received by the Department pursuant to this Act,

9 75% shall be deposited into the General Revenue Fund and 25%

10 shall be deposited into the Common School Fund.

11  As soon as possible after the first day of each month, upon

12 certification of the Department of Revenue, the Comptroller

13 shall order transferred and the Treasurer shall transfer from

14 the General Revenue Fund to the Motor Fuel Tax Fund an amount

15 equal to 1.7% of 80% of the net revenue realized under this Act

16 for the second preceding month. Beginning April 1, 2000, this

17 transfer is no longer required and shall not be made.

18  Net revenue realized for a month shall be the revenue

19 collected by the State pursuant to this Act, less the amount

20 paid out during that month as refunds to taxpayers for

21 overpayment of liability.

22  For greater simplicity of administration, manufacturers,

23 importers and wholesalers whose products are sold at retail in

24 Illinois by numerous retailers, and who wish to do so, may

25 assume the responsibility for accounting and paying to the

26 Department all tax accruing under this Act with respect to
    HB2335 Enrolled         - 74 - LRB104 09655 LNS 19721 b

1 such sales, if the retailers who are affected do not make
2 written objection to the Department to this arrangement.
3 (Source: P.A. 103-154, eff. 6-30-23; 103-363, eff. 7-28-23;
4 103-592, Article 75, Section 75-5, eff. 1-1-25; 103-592,
5 Article 110, Section 110-5, eff. 6-7-24; 103-1055, eff.
6 12-20-24; 104-6, Article 5, Section 5-10, eff. 6-16-25; 104-6,
7 Article 35, Section 35-20, eff. 6-16-25; 104-457, eff.
8 6-1-26.)

9   Section 30. The People Over Parking Act is amended by

10 changing Section 5-5 as follows:

11  (50 ILCS 845/5-5)

12  (This Section may contain text from a Public Act with a

13 delayed effective date)

14  Sec. 5-5. Definitions. As used in this Act:

15  "Car-share vehicles" means motor vehicles that are

16 operated as part of a regional fleet by a public or private

17 car-sharing company or organization and provide hourly or

18 daily service.

19  "Commercial development project" means a development

20 project that is undertaken for the development of land for

21 commercial use, including residential housing, multi-family

22 housing, mixed-use housing, and nonresidential commercial

23 developments.

24  "Development project" means a project undertaken for the
    HB2335 Enrolled             - 75 - LRB104 09655 LNS 19721 b

1 purpose of development of land. "Development project" includes

2 (i) a project involving the issuance of a permit for

3 construction or reconstruction, (ii) a housing development

4 project, or (iii) a commercial development project.

5 "Development project" does not include a project where any

6 portion is designated for use as a hotel, motel,

7 bed-and-breakfast inn, or other transient lodging, except

8 where a portion of a housing development project is designated

9 for use as a residential hotel.

10  "Efficiency living unit" has the meaning ascribed to that

11 term in the 2018 International Building Code, Sixth Version

12 (November 2021).

13  "Elderly         housing",     "low-income    household",

14 "moderate-income household", "multi-family housing", and "very

15 low-income household" have the meanings ascribed to those

16 terms in the Illinois Affordable Housing Act.

17  "Ferry" means a dock, wharf, or similar apparatus that is

18 served by a regularly scheduled, or on demand, ferry or boat

19 for passengers and that crosses a river, unfordable stream,

20 lake, estuary, or bay.

21  "Housing development project" means a development project

22 consisting of (i) residential units only, (ii) mixed-use

23 developments consisting of residential and nonresidential uses

24 with at least two-thirds of the square footage designated for

25 residential use, or (iii) transitional housing or supportive

26 housing.
    HB2335 Enrolled  - 76 - LRB104 09655 LNS 19721 b

1   "Maximum automobile parking requirements" means any law,

2 code, or policy that limits a maximum number of off-street,

3 private parking spaces for new residential and commercial

4 developments.

5   "Minimum automobile parking requirements" means any law,

6 code, or policy that requires a minimum number of off-street,

7 private parking spaces for new residential and commercial

8 developments.

9   "On-street parking" means parking of vehicles on public

10 streets or thoroughfares located within the physical

11 boundaries of a municipality.

12  "Public transportation corridor" means a street on which

13 one or more bus routes have a combined frequency of bus service

14 interval of 15 minutes or less during the morning and

15 afternoon peak commute periods.

16  "Public transportation hub" means: (i) a rail transit

17 station, (ii) a boat or ferry terminal served by either a bus

18 stop or rail transit station, and (iii) an intersection of 2 or

19 more public transportation corridors bus routes with a

20 combined frequency of bus service interval of 15 minutes or

21 less during the morning and afternoon peak commute periods.

22  "Rail transit station" means a stop served by regularly

23 scheduled intercity rail, regional rail, commuter rail, light

24 rail, or rapid transit service for passengers.

25  "Residential hotel" means any building containing 6 or

26 more guest rooms or efficiency living units that is used or
    HB2335 Enrolled  - 77 - LRB104 09655 LNS 19721 b

1 intended or designed to be used, rented, hired out, or
2 occupied for sleeping purposes by guests and that is also the
3 primary residence of those guests. "Residential hotel" does
4 not include any building containing 6 or more guest rooms or
5 efficiency living units primarily used by transient guests who
6 do not occupy the building as their primary residence.
7 (Source: P.A. 104-457, eff. 6-1-26.)

8   Section 35. The Metropolitan Transit Authority Act is

9 amended by changing Sections 15, 19.5, 27, 28, 28d, and 33.10

10 as follows:

11  (70 ILCS 3605/15) (from Ch. 111 2/3, par. 315)

12  Sec. 15. To the extent permitted by the Northern Illinois

13 Transit Authority Act, the Authority shall have power to apply

14 for and accept grants and loans from the Federal Government or

15 any agency or instrumentality thereof, from the State, or from

16 any county, municipal corporation or other political

17 subdivision of the State to be used for any of the purposes of

18 the Authority, including, but not by way of limitation, grants

19 and loans in aid of mass transportation and for studies in mass

20 transportation, and may provide matching funds when necessary

21 to qualify for such grants or loans. The Authority may enter

22 into any agreement with the Federal Government, the State, and

23 any county, municipal corporation or other political

24 subdivision of the State in relation to such grants or loans;
    HB2335 Enrolled         - 78 - LRB104 09655 LNS 19721 b

1 provided that such agreement does not conflict with any of the

2 provisions of any trust agreement securing the payment of

3 bonds or certificates of the Authority.

4   The Authority may also accept from the State, or from any

5 county or other political subdivision, or from any municipal

6 corporation, or school district, or school authorities, grants

7 or other funds authorized by law to be paid to the Authority

8 for any of the purposes of this Act.

9 (Source: P.A. 104-457, eff. 6-1-26.)

10  (70 ILCS 3605/19.5)

11  (This Section may contain text from a Public Act with a

12 delayed effective date)

13  Sec. 19.5. Chicago Transit Board.

14  (a) The governing body of the Chicago Transit Authority

15 shall be the Chicago Transit Board. Beginning September 1,

16 2026, the Board shall consist of 7 members appointed as

17 follows:

18  (1) Two members appointed by the Governor, with the

19  advice and consent of the Senate, including:

20           (A) a member with an initial term of 5 years who

21  shall serve as a member of the Northern Illinois

22  Transit Authority; and

23           (B) a member with an initial term of 3 years.

24  (2) Three members appointed by the Mayor of Chicago,

25  with the advice and consent of the City Council of the City
    HB2335 Enrolled         - 79 - LRB104 09655 LNS 19721 b

1   of Chicago, including:

2   (A) a member with an initial term of 3 years who

3   shall serve as a member of the Northern Illinois

4   Transit Authority;

5   (B) a member with an initial term of 5 years who

6   shall serve as a member of the Northern Illinois

7   Transit Authority; and

8   (C) a member with an initial term of 3 years.

9   (3) Two members appointed by the President of the Cook

10  County Board of Commissioners, with the advice and consent

11  of the Cook County Board of Commissioners, including:

12  (A) a member with an initial term of 3 years who

13  shall serve as a member of the Northern Illinois

14  Transit Authority; and

15  (B) a member with an initial term of 5 years.

16  (b) The subsequent terms of each director appointed under

17 subsection (a) shall be 5 years.

18  (c) The Chair of the Board shall be elected by a majority

19 vote by the members of the Board from among the members of the

20 Board. Until September 1, 2030, the Chair of the Board must be

21 approved by the Senate. Until September 1, 2030, if the

22 members of the Board elect a Chair of the Board, then the

23 elected Chair of the Board may serve as a the acting Chair of

24 the Board until confirmation. Until September 1, 2030, if the

25 Senate votes against confirming the acting Chair of the Board,

26 then the acting Chair of the Board must resign and the members
    HB2335 Enrolled   - 80 - LRB104 09655 LNS 19721 b

1 of the Board must elect a new Chair of the Board.

2   (d) Initial appointments of members under subsection (a)

3 must be made in time for the members to begin their terms on

4 September 1, 2026.

5   (e) On September 1, 2026, the terms of all members serving

6 on the effective date of this amendatory Act of the 104th

7 General Assembly, and of any members appointed to fill a

8 vacancy, shall immediately expire. If a vacancy on the Board

9 occurs before September 1, 2026, then the vacancy shall be

10 filled under Section 21. Members serving on the effective date

11 of this amendatory Act of the 104th General Assembly may be

12 reappointed under subsection (a).

13  (f) The members of the Board shall receive an annual

14 salary of $15,000, except that members of the Board who are

15 also members of the Board of the Northern Illinois Transit

16 Authority shall receive $10,000 $5,000 per year in addition to

17 the compensation the members receive for serving on the Board

18 of the Northern Illinois Transit Authority.

19  (g) Directors shall have diverse and substantial relevant

20 experience and expertise for overseeing the planning,

21 operation, and funding of a transit agency regional

22 transportation system, including, but not limited to,

23 backgrounds in urban and regional planning, management of

24 large capital projects, labor and workforce development,

25 business management, public administration, transportation,

26 and community organizations. Except as otherwise provided by
    HB2335 Enrolled  - 81 - LRB104 09655 LNS 19721 b

1 this Act, a director, while serving as such, shall not be an

2 officer, member of the board of directors or board of

3 trustees, or employee of any Service Board or transportation

4 agency, shall not be an employee of the State of Illinois or

5 any department or agency thereof or any municipality, county,

6 or any other unit of local government, and shall not receive

7 any compensation from any elected or appointed office under

8 the Constitution or laws of this State, except that a Director

9 may be a member of a school board or a member of the National

10 Guard.

11  (h) Those responsible for appointing Directors shall

12 strive to assemble a set of Directors that, to the greatest

13 extent possible, reflects the ethnic, cultural, economic,

14 racial, and geographic diversity of the metropolitan region.

15 (Source: P.A. 104-457, eff. 6-1-26.)

16  (70 ILCS 3605/27) (from Ch. 111 2/3, par. 327)

17  Sec. 27. The Board may appoint an Executive Director with

18 the advice and consent of the Board of the Northern Illinois

19 Transit Authority. The Executive Director shall have

20 demonstrated experience with one or more of the following

21 areas: (i) public transportation system operations; (ii)

22 infrastructure capital project management; or (iii) legal or

23 human resource management for a public agency. The Executive

24 Director shall also meet any qualifications that may be set,

25 by ordinance, by the Northern Illinois Transit Authority. The
HB2335 Enrolled  - 82 - LRB104 09655 LNS 19721 b

 1 Chair of the Board of the Northern Illinois Transit Authority
 2 and the Executive Director of the Northern Illinois Transit
 3 Authority shall be included in the process for choosing the
 4 Executive Director of the Authority, including membership in
 5 any search committee. The Executive Director shall be a person
 6 of recognized ability and experience in the operation of
 7 transportation systems and shall hold office during the
 8 pleasure of the Board. The Executive Director shall have
 9 management of the properties and business of the Authority and
10 the employees thereof, subject to the general control of the
11 Board, shall direct the enforcement of all ordinances,
12 resolutions, rules, and regulations of the Board, and shall
13 perform such other duties and powers as may be prescribed from
14 time to time by the Board of the Northern Illinois Transit
15 Authority in an ordinance describing the position's role,
16 powers, and responsibilities. The Board may appoint a General
17 Counsel and a Chief Engineer, and shall provide for the
18 appointment of other officers, attorneys, engineers,
19 consultants, agents and employees as may be necessary for the
20 construction, extension, operation, maintenance, and policing
21 of its properties. It shall define their duties and require
22 bonds of such of them as the Board may designate. The Executive
23 Director, General Counsel, Chief Engineer, and all other
24 officers provided for pursuant to this section shall be exempt
25 from taking and subscribing to any oath of office. The
26 compensation of the Executive Director, General Counsel, Chief
   HB2335 Enrolled  - 83 - LRB104 09655 LNS 19721 b

1 Engineer, and all other officers, attorneys, consultants,
2 agents and employees shall be fixed by the Board.
3 (Source: P.A. 104-457, eff. 6-1-26.)

4  (70 ILCS 3605/28) (from Ch. 111 2/3, par. 328)

5  Sec. 28. The Board shall classify all the offices,

6 positions and grades of regular and exempt employment

7 required, excepting that of the Chairman of the Board, the

8 Executive Director, Secretary, Treasurer, General Counsel, and

9 Chief Engineer, with reference to the duties, job title, job

10 schedule number, and the compensation fixed therefor, and

11 adopt rules governing appointments to any of such offices or

12 positions on the basis of merit and efficiency. The job title

13 shall be generally descriptive of the duties performed in that

14 job, and the job schedule number shall be used to identify a

15 job title and to further classify positions within a job

16 title. No unlawful discrimination, as defined and prohibited

17 in the Illinois Human Rights Act, shall be made in any term or

18 aspect of employment. There shall not be discrimination based

19 upon political reasons or factors. No officer or employee in

20 regular employment shall be discharged or demoted except for

21 cause which is detrimental to the service. Any officer or

22 employee in regular employment who is discharged or demoted

23 may file a complaint in writing with the Board within ten days

24 after notice of his or her discharge or demotion. If an

25 employee is a member of a labor organization the complaint may
HB2335 Enrolled  - 84 - LRB104 09655 LNS 19721 b

 1 be filed by such organization for and on behalf of such
 2 employee. The Board shall grant a hearing on such complaint
 3 within thirty (30) days after it is filed. The time and place
 4 of the hearing shall be fixed by the Board and due notice
 5 thereof given to the complainant, the labor organization by or
 6 through which the complaint was filed and the Executive
 7 Director. The hearing shall be conducted by the Board, or any
 8 member thereof or any officers' committee or employees'
 9 committee appointed by the Board. The complainant may be
10 represented by counsel. If the Board finds, or approves a
11 finding of the member or committee appointed by the Board,
12 that the complainant has been unjustly discharged or demoted,
13 he or she shall be restored to his or her office or position
14 with back pay. The decision of the Board shall be final and not
15 subject to review. The Board may designate such offices,
16 positions, and grades of employment as exempt as it deems
17 necessary for the efficient operation of the business of the
18 Authority. The total number of employees occupying exempt
19 offices, positions, or grades of employment may not exceed 3%
20 of the total employment of the Authority. All exempt offices,
21 positions, and grades of employment shall be at will. No
22 unlawful discrimination, as defined and prohibited in the
23 Illinois Human Rights Act, shall be made in any term or aspect
24 of employment. There shall not be discrimination based upon
25 political reasons or factors. The Board may abolish any vacant
26 or occupied office or position. Additionally, the Board may
    HB2335 Enrolled  - 85 - LRB104 09655 LNS 19721 b

1 reduce the force of employees for lack of work or lack of funds

2 as determined by the Board. When the number of positions or

3 employees holding positions of regular employment within a

4 particular job title and job schedule number are reduced,

5 those employees with the least company seniority in that job

6 title and job schedule number shall be first released from

7 regular employment service. For a period of one year, an

8 employee released from service shall be eligible for

9 reinstatement to the job title and job schedule number from

10 which he or she was released, in order of company seniority, if

11 additional force of employees is required. "Company seniority"

12 as used in this Section means the overall employment service

13 credited to an employee by the Authority since the employee's

14 most recent date of hire irrespective of job titles held. If 2

15 or more employees have the same company seniority date, time

16 in the affected job title and job schedule number shall be used

17 to break the company seniority tie. For purposes of this

18 Section, company seniority shall be considered a working

19 condition. When employees are represented by a labor

20 organization that has a labor agreement with the Authority,

21 the wages, hours, and working conditions (including, but not

22 limited to, seniority rights) shall be governed by the terms

23 of the agreement. Exempt employment shall not include any

24 employees who are represented by a labor organization that has

25 a labor agreement with the Authority.

26  No employee, officer, or agent of the Chicago Transit
    HB2335 Enrolled         - 86 - LRB104 09655 LNS 19721 b

1 Board may receive a bonus that exceeds 10% of his or her annual
2 salary unless that bonus has been reviewed for a period of 14
3 days by the Northern Illinois Transit Authority Board. After
4 14 days, the bonus shall be considered reviewed. This Section
5 does not apply to usual and customary salary adjustments.
6 (Source: P.A. 104-457, eff. 6-1-26.)

7   (70 ILCS 3605/28d)

8   Sec. 28d. Employment contracts. Except as otherwise

9 provided in Section 28a, before the Chicago Transit Board may

10 enter into or amend any employment contract in excess of

11 $200,000 $100,000, the Chicago Transit Board must submit that

12 contract or amendment to the Northern Illinois Transit

13 Authority Board for review for a period of 14 days. After 14

14 days, the contract shall be considered reviewed. This Section

15 applies only to contracts entered into or amended on or after

16 the effective date of this amendatory Act of the 98th General

17 Assembly.

18 (Source: P.A. 104-457, eff. 6-1-26.)

19  (70 ILCS 3605/33.10)

20  (This Section may contain text from a Public Act with a

21 delayed effective date)

22  Sec. 33.10. Budget and program. The Authority, subject to

23 the powers of the Northern Illinois Transit Authority,

24 including the budget review powers contained in Section 4.11
HB2335 Enrolled  - 87 - LRB104 09655 LNS 19721 b

 1 of the Northern Illinois Transit Authority Act, shall, by
 2 ordinance, appropriate money to perform the Authority's
 3 purposes and provide for payment of debts and expenses of the
 4 Authority. Each year, as part of the process set forth in
 5 Section 4.11 of the Northern Illinois Transit Authority Act,
 6 the Northern Illinois Transit Authority shall prepare and
 7 publish a comprehensive annual budget and proposed 5-Year
 8 Capital Program document, and a financial plan for the 2 years
 9 thereafter describing the state of the Authority and
10 presenting for the forthcoming fiscal year and the 2 following
11 years the Authority's plans for such operations and capital
12 expenditures as it intends to undertake and the means by which
13 it intends to finance them. The proposed budget, financial
14 plan, and 5-Year Capital Program shall be based on the
15 Northern Illinois Transit Authority's estimate of funds to be
16 made available to the Board by or through the Authority and
17 shall conform in all respects to the requirements established
18 by the Northern Illinois Transit Authority. The proposed
19 budget, financial plan, and 5-Year Capital Program shall
20 contain a statement of the funds estimated to be on hand at the
21 beginning of the fiscal year, the funds estimated to be
22 received from all sources for the year and the funds estimated
23 to be on hand at the end of the year. The fiscal year of the
24 Authority shall be the same as the fiscal year of the Northern
25 Illinois Transit Authority. The proposed budget, financial
26 plan, and 5-Year Capital Program shall be included in the
    HB2335 Enrolled           - 88 - LRB104 09655 LNS 19721 b

 1 Northern Illinois Transit Authority's public hearings under
 2 Section 4.01 4.11 of the Northern Illinois Transit Authority
 3 Act. The budget, financial plan, and 5-Year Capital Program
 4 shall then be finalized by the Northern Illinois Transit
 5 Authority as provided in Section 4.01 4.11. The ordinance
 6 adopted by the Northern Illinois Transit Authority as provided
 7 in Section 4.01 4.11 shall appropriate the sums of money as are
 8 deemed necessary to defray all necessary expenses and
 9 obligations of the Authority, specifying purposes and the
10 objects or programs for which appropriations are made and the
11 amount appropriated for each object or program. Additional
12 appropriations, transfers between items, and other changes in
13 the ordinance that do not alter the basis upon which the
14 balanced budget determination was made by the Board of the
15 Northern Illinois Transit Authority may be made from time to
16 time by the Authority. The Authority shall not (i) use any
17 funds in its budget, or in reserves, allocated for operational
18 expenses to fund capital projects or (ii) transfer moneys from
19 any funds in its budget, or in reserves, allocated for
20 operational expenses to an account primarily used to fund
21 capital projects.
22 (Source: P.A. 104-457, eff. 6-1-26.)

23  (70 ILCS 3605/51.5 rep.)

24  Section 40. The Metropolitan Transit Authority Act is

25 amended by repealing Section 51.5.
    HB2335 Enrolled        - 89 - LRB104 09655 LNS 19721 b

1   Section 45. The Local Mass Transit District Act is amended

2 by changing Section 5.08 as follows:

3   (70 ILCS 3610/5.08)

4   (This Section may contain text from a Public Act with a

5 delayed effective date)

6   Sec. 5.08. Transit-supportive development and

7 trail-supportive development.

8   (a) As used in this Section:

9   "Transit-supportive development" means residential,

10 commercial, and governmental facilities and supporting

11 infrastructure improvements that are designed to facilitate

12 access to and use of public transit or public trails and that

13 are located within either (i) one-half mile of a public

14 transportation station or (ii) one-eighth mile of a bus stop

15 on a public transportation bus route.

16  "Trail-supportive development" means residential,

17 commercial, and governmental facilities, and supporting

18 infrastructure improvements that are (i) located within

19 one-quarter mile of a public trail and (ii) designed to

20 facilitate access to and use of public transit or public

21 trails.

22  (b) The Board of Trustees of any Transit District may

23 acquire, construct, own, operate, or maintain for public

24 service transit-supportive developments and trail-supportive
    HB2335 Enrolled     - 90 - LRB104 09655 LNS 19721 b

1 developments and may exercise all powers necessary or

2 convenient to accomplish the purposes of this Section.

3   (c) The Board of Trustees of any Transit District may

4 acquire by purchase, condemnation, lease, gift, or otherwise

5 any property and rights useful for its transit-supportive

6 development purposes and trail-supportive development purposes

7 and may sell, lease, transfer, or convey any property or

8 rights when no longer useful or to exchange the same for other

9 property or rights that are useful for its purposes.

10  (d) In addition to other powers provided in this

11 amendatory Act of the 104th General Assembly, the Board of

12 Trustees of any Transit District may enter into contracts and

13 agreements with governmental, not-for-profit, and for-profit

14 entities for the development, construction, and operation of

15 transit-supportive developments and trail-supportive

16 developments.

17  (e) The Board of Trustees of any Transit District shall

18 have the continuing power to borrow money for (i) the purpose

19 of acquiring, constructing, reconstructing, extending, or

20 improving         transit-supportive  developments     and

21 trail-supportive developments or any part of those

22 developments and (ii) the purpose of acquiring property and

23 equipment useful for the construction, reconstruction,

24 extension, improvement, or operation of its transit-supportive

25 developments and trail-supportive developments or any part of

26 those developments.
    HB2335 Enrolled  - 91 - LRB104 09655 LNS 19721 b

1   (f) This Section does not exempt the Board of Trustees of

2 any Transit District from complying with land use regulations

3 applicable to the property involved in a transit-supportive

4 development or trail-supportive development.

5 (Source: P.A. 104-457, eff. 6-1-26.)

6   Section 50. The Regional Transportation Authority Act is

7 amended by changing Sections 1.02, 1.03, 2.01a, 2.01b, 2.01f,

8 2.04, 2.05, 2.06.2, 2.11.05, 2.11.15, 2.11.35, 2.14, 2.41,

9 2.49, 3.01, 3A.02, 3A.06, 3A.10.5, 3A.15.5, 3A.18, 3B.02.5,

10 3B.06, 3B.10.5, 3B.26, 4.01, 4.01b, 4.03, 4.04, 4.09, 5.05,

11 6.01, 7.02, 7.03, and 7.04 and by adding Section 2.50 as

12 follows:

13  (70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02)

14  Sec. 1.02. Findings and Purpose.

15  (a) The General Assembly finds;

16  (1) Public transportation is, as provided in Section 7

17  of Article XIII of the Illinois Constitution, an essential

18  public purpose for which public funds may be expended and

19  that Section authorizes the State to provide financial

20  assistance to units of local government for distribution

21  to providers of public transportation. There is an urgent

22  need to reform and continue a unit of local government to

23  assure the proper management of public transportation and

24  to receive and distribute State or federal operating
    HB2335 Enrolled  - 92 - LRB104 09655 LNS 19721 b

1   assistance and to raise and distribute revenues for local

2   operating assistance. System generated revenues are not

3   adequate for such service and a public need exists to

4   provide for, aid and assist public transportation in the

5   northeastern area of the State, consisting of Cook,

6   DuPage, Kane, Lake, McHenry and Will Counties.

7   (2) Comprehensive and coordinated regional public

8   transportation is essential to the public health, safety,

9   and welfare. It is essential to economic well-being,

10  maintenance of full employment, conservation of sources of

11  energy and land for open space and reduction of traffic

12  congestion and for providing and maintaining a healthful

13  environment for the benefit of present and future

14  generations in the metropolitan region. Public

15  transportation improves access to jobs, commercial

16  facilities, schools, and cultural attractions. Public

17  transportation decreases air pollution and other

18  environmental hazards resulting from excessive use of

19  automobiles and allows for more efficient land use and

20  planning.

21  (3) Transportation in the metropolitan region is being

22  threatened by grave financial conditions. With existing

23  methods of financing, coordination, structure, and

24  management, the public transportation system is not

25  providing adequate public transportation to ensure the

26  public health, safety, and welfare.
    HB2335 Enrolled   - 93 - LRB104 09655 LNS 19721 b

1   (3.5) The COVID-19 pandemic caused unprecedented

2   disruption in public transportation ridership and

3   operations from which the service providers have yet to

4   fully recover and the pandemic-related federal funding

5   support for public transportation operations has expired.

6   Although ridership levels continue to improve from the

7   lowest levels observed during the pandemic, net ridership

8   levels have not recovered to pre-pandemic levels.

9   Furthermore, the system experienced persistent losses in

10  ridership, service quality, and financial stability for

11  many years before the pandemic. These systemic issues,

12  combined with the changes in passenger behaviors,

13  experiences, and commuting patterns since the pandemic,

14  create conditions untenable to a sustainable and thriving

15  public transportation system.

16  (4) Additional commitments to the public

17  transportation needs of persons with disabilities, the

18  economically disadvantaged, and the elderly are necessary.

19  Further, additional commitments to the public transit

20  needs of persons who currently reside in areas with

21  limited, infrequent, or no public transit service are

22  needed to eliminate existing public transit deserts and

23  ensure that all residents of the metropolitan region have

24  access to frequent, reliable, safe, and interconnected

25  transit options.

26  (5) To solve these problems, it is necessary to
    HB2335 Enrolled             - 94 - LRB104 09655 LNS 19721 b

1   provide for the creation and empowerment of the Northern

2   Illinois Transit Authority with the powers necessary to

3   insure adequate public transportation.

4   (b) (Blank).

5   (c) (Blank).

6   (d) It is the purpose of this Act to provide for, aid and

7 assist public transportation in the northeastern area of the

8 State without impairing the overall quality of existing public

9 transportation by providing for the creation of a single

10 authority responsive to the people and elected officials of

11 the area and with the power and competence to develop,

12 implement, and enforce plans that promote adequate, efficient,

13  geographically   equitable  and  coordinated         public

14 transportation, provide financial review of the providers of

15 public transportation in the metropolitan region and

16 facilitate public transportation provided by Service Boards

17 which is attractive and economical to users, comprehensive,

18 coordinated among its various elements, economical, safe,

19 efficient and coordinated with area and State plans.

20  (e) It is the intent of this Act to continue and maintain

21 the existence of the Regional Transportation Authority,

22 notwithstanding a change in its name and appointment powers

23 and authorities, and is in no way intended to change, modify,

24 or restrict the rights of existing Regional Transportation

25 Transit Authority bondholders or to change or repeal the

26 non-impairment covenant in the current Regional Transportation
    HB2335 Enrolled  - 95 - LRB104 09655 LNS 19721 b

1 Authority legislation.
2 (Source: P.A. 104-457, eff. 6-1-26.)

3   (70 ILCS 3615/1.03) (from Ch. 111 2/3, par. 701.03)

4   Sec. 1.03. Definitions. As used in this Act:

5   "Authority" means the Northern Illinois Transit Authority

6 (formerly the Regional Transportation Authority).

7   "Board" means the Board of Directors of the Northern

8 Illinois Transit Authority (formerly the Board of Directors of

9 the Regional Transportation Authority).

10  "Construct or acquire" means plan, design, construct,

11 reconstruct, improve, modify, extend, landscape, expand or

12 acquire.

13  "Limited English proficient individual" means an

14 individual who does not speak English as the individual's

15 primary language and who has a limited ability to read, speak,

16 write, or understand English.

17  "Metropolitan Region" means all territory included within

18 the territory of the Authority as provided in this Act, and

19 such territory as may be annexed to the Authority.

20  "Municipality", "County" and "Unit of Local Government"

21 have the meanings given to such terms in Section 1 of Article

22 VII of the Illinois Constitution.

23  "Operate" means operate, maintain, administer, repair,

24 promote and any other acts necessary or proper with regard to

25 such matters.
    HB2335 Enrolled     - 96 - LRB104 09655 LNS 19721 b

1   "Passenger miles traveled" means the cumulative sum of the

2 distances ridden by each passenger.

3   "Public Transportation" means the transportation or

4 conveyance of persons within the metropolitan region by means

5 available to the general public, including groups of the

6 general public with special needs, except for transportation

7 by automobiles not used for conveyance of the general public

8 as passengers.

9   "Public Transportation Facilities" means all equipment or

10 property, real or personal, or rights therein, useful or

11 necessary for providing, maintaining or administering public

12 transportation within the metropolitan region or otherwise

13 useful for carrying out or meeting the purposes or powers of

14 the Authority, except it shall not include roads, streets,

15 highways or bridges or toll highways or toll bridges for

16 general public use.

17  "Qualified interpreter" or "qualified translator" means an

18 individual proficient in both English and the non-English

19 language used by the limited English proficient individual,

20 with demonstrated ability to interpret or translate accurately

21 and impartially.

22  "Service Boards" means the Board of the Commuter Rail

23 Division of the Authority, the Board of the Suburban Bus

24 Division of the Authority, and the Board of the Chicago

25 Transit Authority established pursuant to the Chicago Transit

26 Authority Act.
    HB2335 Enrolled     - 97 - LRB104 09655 LNS 19721 b

1   "Service standards" means quantitative and qualitative

2 attributes of public transit service as well as the

3 appropriate level of service to be provided across the

4 metropolitan region.

5   "Supermajority vote" means the affirmative vote of:

6   (1) until September 1, 2026, 12 of the Authority's

7   then Directors; or

8   (2) beginning September 1, 2026, either at least 15 of

9   the Authority's then Directors or 12 of the Authority's

10  then Directors if there are:

11  (A) at least 2 affirmative votes from Directors

12  appointed under subsection (a) of Section 3.01.05

13  3.01;

14  (B) at least 2 affirmative votes from Directors

15  appointed under subsection (a-5) of Section 3.01.05

16  3.01;

17  (C) at least 2 affirmative votes from Directors

18  appointed under subsection (b) of Section 3.01.05

19  3.01; and

20  (D) at least 2 affirmative votes from Directors

21  appointed under subsection (b-5) of Section 3.01.05

22  3.01.

23  "Transportation Agency" means any individual, firm,

24 partnership, corporation, association, body politic, municipal

25 corporation, public authority, unit of local government or

26 other person, other than the Authority and the Service Boards,
    HB2335 Enrolled   - 98 - LRB104 09655 LNS 19721 b

1 which provides public transportation, any local mass transit

2 district created pursuant to the Local Mass Transit District

3 Act and any urban transportation district created pursuant to

4 the Urban Transportation District Act, which districts are

5 located in whole or in part within the metropolitan region.

6   "Unlinked passenger trips" means the number of passengers

7 who board public transportation vehicles. Passengers are

8 counted each time they board vehicles no matter how many

9 vehicles they use to travel from their origin to destination.

10  "Vehicle revenue hours" means the hours that vehicles are

11 scheduled to or actually travel while in revenue service.

12 "Vehicle revenue hours" includes layover or recovery time.

13 "Vehicle revenue hours" does not include deadhead, operator

14 training, vehicle maintenance testing, and other non-revenue

15 uses of vehicles.

16  "Vehicle revenue miles" means the miles that vehicles are

17 scheduled to or actually travel while in revenue service.

18 "Vehicle revenue miles" includes distances traveled during

19 layover or recovery time. "Vehicle revenue miles" does not

20 include deadhead, operator training, vehicle maintenance

21 testing, and other non-revenue uses of vehicles.

22  "Vital documents" means materials critical for obtaining

23 services or understanding rider rights, including fare

24 schedules, safety information, service announcements, and

25 notices of rights or responsibilities.

26 (Source: P.A. 104-457, eff. 6-1-26.)
    HB2335 Enrolled       - 99 - LRB104 09655 LNS 19721 b

1   (70 ILCS 3615/2.01a)

2   Sec. 2.01a. Strategic Plan.

3   (a) By a supermajority vote, the Authority shall adopt a

4 Strategic Plan, no less than every 5 years, after consultation

5 with the Service Boards and after holding a minimum of 3 public

6 hearings in Cook County, at least one of which shall be held in

7 the City of Chicago, and one public hearing in each of the

8 other counties in the region. The Executive Director of the

9 Authority shall review the Strategic Plan on an ongoing basis

10 and make recommendations to the Board of the Authority with

11 respect to any update or amendment of the Strategic Plan. The

12 Strategic Plan shall describe the specific actions to be taken

13 by the Authority and the Service Boards to provide adequate,

14 efficient, and coordinated public transportation.

15  (b) The Strategic Plan shall identify goals and objectives

16 with respect to:

17  (i) increasing ridership and passenger miles on public

18  transportation funded by the Authority;

19  (ii) increasing per capita transit ridership and the

20  share of trips taken by transit in the region;

21  (iii) using public transportation to reduce greenhouse

22  gas and other emissions from the transportation sector;

23  (iv) coordination of public transportation services

24  and the investment in public transportation facilities to

25  enhance the integration of public transportation
    HB2335 Enrolled  - 100 - LRB104 09655 LNS 19721 b

1   throughout the metropolitan region;

2   (v) coordination of fare and transfer policies to

3   promote transfers by riders among Service Boards,

4   Transportation Agencies, and public transportation modes,

5   which may include goals and objectives for development of

6   a universal fare instrument that riders may use

7   interchangeably on all public transportation funded by the

8   Authority, and methods to be used to allocate revenues

9   from transfers;

10  (vi) improvements in public transportation facilities

11  to bring those facilities into a state of good repair,

12  enhancements that attract ridership and improve customer

13  service, and expansions needed to serve areas with

14  sufficient demand for public transportation;

15  (vii) increasing access for transit-dependent

16  populations, including low-income communities, seniors,

17  students, and people with disabilities;

18  (viii) increasing access by low-income communities to

19  places of employment, using analyses provided by the

20  Chicago Metropolitan Agency for Planning regarding

21  employment and transportation availability, and giving

22  consideration to the location of employment centers in

23  each county and the availability of public transportation

24  at off-peak hours and on weekends;

25  (ix) the financial viability of the public

26  transportation system, including both operating and
    HB2335 Enrolled    - 101 - LRB104 09655 LNS 19721 b

1   capital programs;

2   (x) improving roadway operations within the

3   metropolitan region to enhance transit options and to

4   improve mobility;

5   (xi) land use policies, practices, and incentives that

6   make more effective use of public transportation services

7   and facilities as community assets and encourage locating

8   the siting of businesses, homes, and public facilities

9   near public transportation services and facilities to

10  provide convenient and affordable travel for residents,

11  customers, and employees in the metropolitan region;

12  (xii) policies, practices, and incentives that will

13  better integrate public transportation with other active

14  modes of transportation; and

15  (xiii) such other goals and objectives that advance

16  the policy of the State to provide adequate, efficient,

17  geographically equitable and coordinated public

18  transportation in the metropolitan region.

19  (c) The Strategic Plan shall establish the process and

20 criteria by which proposals for capital improvements by the

21 Authority, a Service Board, or a Transportation Agency will be

22 evaluated by the Authority for inclusion, as proposed or with

23 modifications, in the 5-Year Capital Program, which shall be

24 in accordance with the prioritization process set forth in

25 Section 2.39. The Strategic Plan Proposals for capital

26 improvements may include criteria for:
    HB2335 Enrolled  - 102 - LRB104 09655 LNS 19721 b

1   (i) allocating funds among maintenance, enhancement,

2   and expansion improvements;

3   (ii) projects to be funded from the Innovation,

4   Coordination, and Enhancement Fund;

5   (iii) projects intended to improve or enhance

6   ridership or customer service;

7   (iv) design and location of station or transit

8   improvements intended to promote transfers, increase

9   ridership, and support transit-oriented land development;

10  (v) assessing the impact of projects on the ability to

11  operate and maintain the existing transit system; and

12  (vi) other criteria that advance the goals and

13  objectives of the Strategic Plan.

14  (d) The Strategic Plan shall establish performance

15 standards and measurements regarding the adequacy, efficiency,

16 geographic equity and coordination of public transportation

17 services in the region and the implementation of the goals and

18 objectives in the Strategic Plan. At a minimum, such standards

19 and measures shall include customer-related performance data

20 measured by line, route, or sub-region, as determined by the

21 Authority, on the following:

22  (i) travel times and on-time performance;

23  (ii) ridership data;

24  (iii) equipment failure rates;

25  (iv) employee and customer safety;

26  (v) crowding;
    HB2335 Enrolled  - 103 - LRB104 09655 LNS 19721 b

1   (vi) cleanliness of vehicles and stations;

2   (vii) service productivity; and

3   (viii) customer satisfaction.

4   (e) The Strategic Plan shall identify innovations to

5 improve the delivery of public transportation and the

6 construction of public transportation facilities.

7   (f) The Strategic Plan shall describe the expected

8 financial condition of public transportation in the

9 metropolitan region prospectively over a 10-year period, which

10 may include information about the cash position and all known

11 obligations of the Authority and the Service Boards including

12 operating expenditures, debt service, contributions for

13 payment of pension and other post-employment benefits, the

14 expected revenues from fares, tax receipts, grants from the

15 federal, State, and local governments for operating and

16 capital purposes and issuance of debt, the availability of

17 working capital, and the resources needed to achieve the goals

18 and objectives described in the Strategic Plan.

19  (g) In developing the Strategic Plan, the Authority shall

20 rely on such demographic and other data, forecasts, and

21 assumptions developed by the Chicago Metropolitan Agency for

22 Planning with respect to the patterns of population density

23 and growth, projected commercial and residential development,

24 and environmental factors, within the metropolitan region and

25 in areas outside the metropolitan region that may impact

26 public transportation utilization in the metropolitan region.
    HB2335 Enrolled       - 104 - LRB104 09655 LNS 19721 b

1 The Authority shall also consult with the Illinois Department

2 of Transportation's Office of Planning and Programming when

3 developing the Strategic Plan. Before adopting or amending any

4 Strategic Plan, the Authority shall consult with the Chicago

5 Metropolitan Agency for Planning regarding the consistency of

6 the Strategic Plan with the Regional Comprehensive Plan

7 adopted pursuant to the Regional Planning Act.

8   (h) The Authority may adopt, by a supermajority vote,

9 sub-regional or corridor plans for specific geographic areas

10 of the metropolitan region in order to improve the adequacy,

11 efficiency, geographic equity and coordination of existing, or

12 the delivery of new, public transportation. Such plans may

13 also address areas outside the metropolitan region that may

14 impact public transportation utilization in the metropolitan

15 region. In preparing a sub-regional or corridor plan, the

16 Authority may identify changes in operating practices or

17 capital investment in the sub-region or corridor that could

18 increase ridership, reduce costs, improve coordination, or

19 enhance transit-oriented development. The Authority shall

20 consult with any affected Service Boards in the preparation of

21 any sub-regional or corridor plans.

22  (i) (Blank).

23 (Source: P.A. 104-457, eff. 6-1-26.)

24  (70 ILCS 3615/2.01b)

25  Sec. 2.01b. The 5-Year Capital Program. By a supermajority
HB2335 Enrolled  - 105 - LRB104 09655 LNS 19721 b

 1 vote, the Authority, after consultation with the Service
 2 Boards and after holding a minimum of 3 public hearings in Cook
 3 County, at least one one of which shall be held in the City of
 4 Chicago, and one public hearing in each of the other counties
 5 in the metropolitan region, shall each year adopt a 5-Year
 6 Capital Program that shall include each capital improvement to
 7 be undertaken by the Authority or, on behalf of the Authority,
 8 by a Service Board or Transportation Agency, provided that the
 9 Authority finds that the improvement meets any criteria for
10 capital improvements contained in the Strategic Plan, is not
11 inconsistent with any sub-regional or corridor plan adopted by
12 the Authority, and can be funded within amounts available with
13 respect to the capital and operating costs of such
14 improvement. Prior to submitting their proposed capital
15 projects to the Authority, each Service Board shall hold at
16 least one meeting for consideration of the capital projects
17 being submitted to the Authority with representatives of labor
18 organizations that have collective bargaining agreements with
19 the respective Service Board. The Program shall be based on
20 any criteria for capital improvements contained in the
21 Strategic Plan, the capital project prioritization process,
22 the service standards, the transit asset management plans
23 required by 49 CFR 625.25, and other criteria determined by
24 the Authority so long as the improvements are not inconsistent
25 with any subregional or corridor plan adopted by the Authority
26 and can be funded within amounts available with respect to the
    HB2335 Enrolled  - 106 - LRB104 09655 LNS 19721 b

1 capital and operating costs of the improvement.

2   In reviewing proposals for improvements to be included in

3 a 5-Year Capital Program, the Authority may give priority to

4 improvements that are intended to bring public transportation

5 facilities into a state of good repair. Before adopting a

6 5-Year Capital Program, the Authority shall consult with the

7 Chicago Metropolitan Agency for Planning regarding the

8 consistency of the 5-Year Capital Program with the Regional

9 Comprehensive Plan adopted under the Regional Planning Act.

10 The 5-Year Capital Program shall also identify capital

11 improvements to be undertaken by a Service Board, a

12 Transportation Agency, or a unit of local government and

13 funded by the Authority from amounts in the Innovation,

14 Coordination, and Enhancement Fund, provided that no

15 improvement that is included in the 5-Year Capital Program as

16 of the effective date of this amendatory Act of the 95th

17 General Assembly may receive funding from the Innovation,

18 Coordination, and Enhancement Fund.

19  Beginning on January 1, 2027, for each improvement

20 identified in the 5-year Capital Program, the Authority shall

21 identify the entity responsible for implementing the project.

22 The Service Boards shall remain responsible for managing

23 contracts they entered into before January 1, 2027 for

24 improvements identified in the 5-Year Capital Program, subject

25 to the Authority's review and approval. The Authority shall

26 retain responsibility for larger or comprehensive improvements
    HB2335 Enrolled            - 107 - LRB104 09655 LNS 19721 b

 1 such as Regionally Significant Projects, as designated by the
 2 Chicago Metropolitan Agency for Planning; new service
 3 infrastructure such as a new rail line or a new BRT corridor;
 4 large-scale rebuild of existing service infrastructure; new
 5 service vehicle or rolling stock purchases; or improvements
 6 that will be used by multiple Service Boards. The Authority
 7 shall assign to the appropriate Service Board responsibility
 8 for projects such as general service infrastructure renewal;
 9 improvements to non-service facilities; overhauls of railcars
10 and vehicles; routine maintenance; and projects that will be
11 completed entirely by Service Board employees.
12 (Source: P.A. 104-457, eff. 6-1-26.)

13  (70 ILCS 3615/2.01f)

14  (This Section may contain text from a Public Act with a

15 delayed effective date)

16  Sec. 2.01f. Service planning.

17  (a) Beginning December 2027, the Authority shall develop a

18 regionally coordinated Service Plan that describes all transit

19 service to be provided in the coming year or years. The

20 Authority may plan service for periods of not less than 1 year

21 and not more than 3 years.

22  (b) To assist in the development of Service Plans, the

23 Authority may issue a request for proposed service plans to

24 all Service Boards. Requests for proposed service plans must

25 indicate the first and last years for which service will be
    HB2335 Enrolled  - 108 - LRB104 09655 LNS 19721 b

1 planned and must not cover more than 3 years. Requests for

2 proposed service plans may not be issued to less than all

3 Service Boards.

4   (c) For years in which the Authority is engaged in Service

5 Planning, it shall commence the process by issuing a request

6 for proposed service plans to all the Service Boards by the

7 preceding December 15. The requests for proposed service plans

8 may include:

9   (1) a description of service improvements and changes

10  that the Authority desires to carry out its Strategic Plan

11  and to implement its service standards;

12  (2) a description of the estimates of revenue for the

13  next fiscal year that the Authority has received from the

14  Director of the Governor's Office of Management and

15  Budget;

16  (3) a directive to the Service Boards to prepare

17  service coverage and service-level scenarios assuming

18  various specified budget allocations for each Service

19  Board;

20  (4) a description of the degree to which Service

21  Boards may make changes to the programmed location,

22  frequency, days, and hours of service provided by the

23  Service Board as compared to the Service Board's current

24  approved service plan and the circumstances under which

25  the changes shall be permitted;

26  (5) the opportunity for the Service Boards to propose
    HB2335 Enrolled       - 109 - LRB104 09655 LNS 19721 b

1   service improvements along with estimated costs; and

2           (6) requests for information the Authority deems

3   necessary for the Authority to assess how to most

4   effectively and equitably allocate funds among the Service

5   Boards, including estimates of the resources needed to

6   provide each service-level scenario.

7   (d) By March 31 following the request for proposed service

8 plans, each Service Board shall present preliminary service

9 proposals in several public hearings conducted by the

10 Authority. A minimum of 3 public hearings shall be held in Cook

11 County, including one in the City of Chicago, and one public

12 hearing shall be held in each of the other counties in the

13 region.

14  (e) By June 30 following the request for proposed service

15 plans, each Service Board shall submit a proposed service plan

16 in response to the Authority's request, prepared in the format

17 requested by the Authority. Proposed service plans shall

18 outline:

19          (1) the operating funding assumptions used by the

20  Service Board to determine that the proposed service is

21  feasible, including any estimates of resources that were

22  requested by the Authority;

23          (2) the location, frequency, days and hours of

24  service, and other details of the service that the Service

25  Board shall provide;

26          (3) the reasons for any changes made to the location,
    HB2335 Enrolled          - 110 - LRB104 09655 LNS 19721 b

1   frequency, days, and hours of service provided by the

2   Service Board from the previous service plan;

3   (4) the service requirements applicable to the service

4   provided by the Service Board covering issues such as

5   reliability, cleanliness, and safety; and

6   (5) requirements relating to the Service Board's

7   compliance with Authority fare technology and fare

8   integration efforts, information technology systems,

9   customer communication systems and protocols, branding and

10  advertising efforts, coordination of schedules, and other

11  requirements designed to improve the integration and

12  quality of public transportation in the metropolitan

13  region.

14  (f) Before voting on any final regionwide Service Plan,

15 the Authority shall hold at least one public hearing on the

16 regionwide Service Plan.

17  (g) Before voting on any proposed final regionwide Service

18 Plan, the Authority shall hold at least one meeting for

19 consideration of the regionwide Service Plan with the county

20 board of each of the several counties in the metropolitan

21 region in which the Service Board provides service.

22  (h) The Board shall review the proposed service plans and

23 compile the plans into a revised, regionwide Service Plan. The

24 Board shall only approve the revised, regionwide Service Plan

25 if it meets the service standards set forth in the Strategic

26 Plan as best as possible considering projected available
    HB2335 Enrolled  - 111 - LRB104 09655 LNS 19721 b

1 funds. If the Board fails to approve the proposed revised,

2 regionwide Service Plan, then the Board shall notify each

3 Service Board of any deficiencies identified in that Service

4 Board's contributions to the proposed revised, regionwide

5 Service Plan. The Board shall also notify each Service Board

6 if its reasons for changes from the previous approved service

7 plan fail to comply with any guidance provided by the Board in

8 the previous request for service plans as described in

9 paragraph (4) of subsection (e). Service Boards shall not

10 continue to operate service changes that the Board deems to

11 have failed to comply with guidance provided by the Board,

12 unless the service is included in the forthcoming regionwide

13 service plan approved by the Board.

14  (i) If the Board finds has not found that the proposed

15 revised, regionwide Service Plan does not meet meets the

16 service standards, the Board shall adopt a regionwide Service

17 Plan that does. In all cases, the Board shall adopt a

18 regionwide Service Plan by no later than December August 31

19 following the request for plans.

20 (Source: P.A. 104-457, eff. 6-1-26.)

21  (70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)

22  Sec. 2.04. Fares and nature of service.

23  (a) The Authority shall have the sole authority to: (i)

24 set and coordinate fares and charges for public transit

25 services in the metropolitan region, including public
    HB2335 Enrolled  - 112 - LRB104 09655 LNS 19721 b

1 transportation provided by Transportation Agencies pursuant to

2 purchase of service or grant agreements with the Authority,

3 and (ii) establish the nature and standards of public transit

4 to be provided in accordance with the Strategic Plan and

5 service standards. However, the Authority may not increase the

6 fares of any service provided by a Service Board until one year

7 after the effective date of this amendatory Act of the 104th

8 General Assembly. Beginning one year after the effective date

9 of this amendatory Act of the 104th General Assembly, the

10 Board may not increase the fares of any Service Board before

11 evaluating the effects of increase fares.

12  (b) Whenever a Service Board provides any public

13 transportation pursuant to purchase of service or grant

14 agreements to Transportation Agencies for operating expenses

15 (other than with regard to experimental programs) or pursuant

16 to any purchase of service agreement, the purchase of service

17 agreement or grant contract shall provide for the level and

18 nature of fares or charges to be made for such services, and

19 the nature and standards of public transportation to be so

20 provided. A Service Board shall require all Transportation

21 Agencies with which it contracts, or from which it purchases

22 transportation services or to which it makes grants to provide

23 half fare transportation for their student riders if any of

24 such agencies provide for half fare transportation to their

25 student riders.

26  (c) In so providing for the fares or charges and the nature
    HB2335 Enrolled  - 113 - LRB104 09655 LNS 19721 b

1 and standards of public transportation, any purchase of

2 service agreements or grant contracts shall provide, among

3 other matters, for the terms or cost of transfers or

4 interconnections between different modes of transportation and

5 different public Transportation Agencies, schedules or routes

6 of such service, changes which may be made in such service, the

7 nature and condition of the facilities used in providing

8 service, the manner of collection and disposition of fares or

9 charges, the records and reports to be kept and made

10 concerning such service, for interchangeable tickets or other

11 coordinated or uniform methods of collection of charges, and

12 shall further require that the Transportation Agency comply

13 with any determination made by the Board of the Authority

14 under and subject to the provisions of Section 2.12b of this

15 Act. In regard to any such service, the Authority and the

16 Service Boards shall give attention to and may undertake

17 programs to promote use of public transportation and to

18 provide coordinated ticket sales and passenger information. In

19 the case of a grant to a Transportation Agency which remains

20 subject to Illinois Commerce Commission supervision and

21 regulation, the Service Boards shall exercise the powers set

22 forth in this Section in a manner consistent with such

23 supervision and regulation by the Illinois Commerce

24 Commission.

25  (d) The Authority shall develop and implement a regionally

26 coordinated and consolidated fare collection system.
    HB2335 Enrolled  - 114 - LRB104 09655 LNS 19721 b

1   (e) The Authority may delegate the responsibility for all

2 or some aspects of physical fare collection to the Service

3 Boards.

4   (f) Prior to adopting any fare structure ordinance, the

5 Authority shall allow a reasonable time for public input and

6 hold public hearings under subsection (e-5) of Section 5.01.

7   (g) The Authority shall submit the proposed fare structure

8 ordinance to each Service Board for feedback.

9   (h) By no later than January 1, 2028, the Authority, in

10 coordination with the Service Boards, shall undertake a joint

11 procurement for a next generation fare collection system,

12 which shall include, among other things, a unified mobile

13 ticket application, that shall be procured and implemented by

14 the Authority by February 1, 2030, as a unified regional fare

15 payment system. All agreements for, or related to, a regional

16 fare payment system must include provisions for data sharing

17 that allow the Authority and the Service Boards access to all

18 data generated by the fare collection system.

19  (i) Whenever the Authority adopts a fare policy

20 establishing or modifying interagency passes, tickets, or

21 transfers, the policy shall also set forth the fare-sharing

22 agreements between the Service Boards that apply to the

23 revenue raised from interagency fare passes, tickets, and

24 transfers. Except as specified in such an agreement, all fare

25 revenue generated and received by the Authority shall be

26 disbursed by the Authority to the Service Board responsible
    HB2335 Enrolled            - 115 - LRB104 09655 LNS 19721 b

1 for generating the revenue.

2   (j)(1) The Authority shall have sole authority over and be

3 responsible for administering all special fare programs,

4 including free and reduced fares for seniors and people with

5 disabilities, and other special fare programs.

6   (2) The To the extent required by Section 3-33-160 of the

7 Chicago Municipal Code, the Authority and the Chicago Transit

8 Authority Agency shall provide for free rides for active duty

9 military personnel in uniform or with appropriate

10 identification, and disabled veterans of the United States

11 Armed Forces under the same terms as Section 3-33-260 of the

12 Chicago Municipal Code.

13  (3) Any fixed-route public transportation services

14 provided by, or under grant or purchase of service contracts

15 of, a Service Board shall be provided without charge to senior

16 citizens aged 65 and older, and all persons with a disability,

17 who meet the income eligibility limitation set forth in

18 subsection (a-5) of Section 4 of the Senior Citizens and

19 Persons with Disabilities Property Tax Relief Act, under such

20 conditions as shall be prescribed by Authority. The Department

21 on Aging shall furnish all information reasonably necessary to

22 determine eligibility, including updated lists of individuals

23 who are eligible for services without charge under this

24 Section. After an initial eligibility determination is made,

25 an individual's eligibility for free services shall

26 automatically renew every 5 years after receipt by the
    HB2335 Enrolled      - 116 - LRB104 09655 LNS 19721 b

1 Authority of a copy of the individual's government-issued

2 identification card validating Illinois residency. Nothing in

3 this Section shall relieve the Authority from providing

4 reduced fares as may be required by federal law. The Authority

5 shall provide the Department of Public Health with a monthly

6 list of all riders that receive free or reduced fares under

7 this subsection. The list shall include an individual's name,

8 address, and date of birth. The Department of Public Health

9 shall, within 2 weeks after receipt of the list, report back to

10 the Authority any discrepancies that indicate that a rider

11 receiving free or reduced fare services is deceased. The

12 Authority, upon receipt of the report from the Department of

13 Public Health, shall take appropriate steps to remove any

14 deceased individual's name from the list of individuals

15 eligible under the free or reduced fare programs.

16  (4) By no later than 2 years after the effective date of

17 this amendatory Act of the 104th General Assembly, the

18 Authority shall develop the following programs:

19  (A) An income-based reduced fare program for:

20  (i) veterans;

21  (ii) any United States resident who is 17 years of

22  age or older and has been in and left the physical

23  custody of the Department of Corrections within the

24  last 36 months; and

25  (iii) individuals experiencing homelessness.

26  (B) A free and reduced fare program for domestic
    HB2335 Enrolled  - 117 - LRB104 09655 LNS 19721 b

1   violence and sexual assault survivors, which shall provide

2   free and reduced fares to survivors of domestic violence

3   and sexual assault. The Authority shall not require

4   domestic violence or sexual assault programs to report or

5   share information related to individual program

6   participants or applicants.

7   (C) A program across public transportation service

8   providers for providing free services to a rider for any

9   additional fares for the duration of a daily, weekly,

10  monthly, or 30-day pass once the rider has purchased

11  enough regular one-way fares to reach an amount that is no

12  less than the cost of an applicable pass.

13  (k) The Authority shall provide regular annual reports to

14 the Governor and General Assembly on progress made in

15 implementing the changes made to this Act by this amendatory

16 Act of the 104th General Assembly under subsections (f) and

17 (g) of this Section as outlined under Section 2.44.

18 (Source: P.A. 104-457, eff. 6-1-26.)

19  (70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05)

20  Sec. 2.05. Centralized services; acquisition and

21 construction.

22  (a) The Authority may at the request of two or more Service

23 Boards, serve, or designate a Service Board to serve, as a

24 centralized purchasing agent for the Service Boards so

25 requesting.
    HB2335 Enrolled    - 118 - LRB104 09655 LNS 19721 b

1   (b) The Authority may at the request of two or more Service

2 Boards perform other centralized services such as ridership

3 information and transfers between services under the

4 jurisdiction of the Service Boards where such centralized

5 services financially benefit the region as a whole. Provided,

6 however, that the Board may require transfers only upon a

7 supermajority vote.

8   (c) A Service Board or the Authority may for the benefit of

9 a Service Board, to meet its purposes, construct or acquire

10 any public transportation facility for use by a Service Board

11 or for use by any Transportation Agency and may acquire any

12 such facilities from any Transportation Agency, including also

13 without limitation any reserve funds, employees' pension or

14 retirement funds, special funds, franchises, licenses,

15 patents, permits and papers, documents and records of the

16 agency. In connection with any such acquisition from a

17 Transportation Agency the Authority may assume obligations of

18 the Transportation Agency with regard to such facilities or

19 property or public transportation operations of such agency.

20  In connection with any construction or acquisition, the

21 Authority shall make relocation payments as may be required by

22 federal law or by the requirements of any federal agency

23 authorized to administer any federal program of aid.

24  (d) The Authority shall, after consulting with the Service

25 Boards, develop regionally coordinated and consolidated sales,

26 marketing, advertising, and public information programs that
    HB2335 Enrolled         - 119 - LRB104 09655 LNS 19721 b

1 promote the use and coordination of, and transfers among,

2 public transportation services in the metropolitan region. The

3 Authority shall develop and adopt, with a supermajority vote,

4 rules and regulations for the Authority and the Service Boards

5 regarding such programs to ensure that the Service Boards'

6 independent programs conform with the Authority's regional

7 programs.

8   (e) By July 1, 2028, the Authority shall manage digital

9 and web-based trip-planning and real-time vehicle arrival

10 information for use by riders for all public transportation

11 services in northeastern Illinois provided by or funded by the

12 Authority or a Service Board, including demand-response modes.

13 Relevant Service Board infrastructure, digital assets,

14 technology, administrative support, and contracts may be

15 transferred to the Authority for future centralized customer

16 information services.

17 (Source: P.A. 104-457, eff. 6-1-26.)

18  (70 ILCS 3615/2.06.2)

19  (This Section may contain text from a Public Act with a

20 delayed effective date)

21  Sec. 2.06.2. Pedestrian access to transit.

22  (a) As part of its Strategic Plan, the Authority shall

23 identify and prioritize sidewalk and other improvements needed

24 to provide safe pedestrian access to transit service stops.

25  (b) When any unit of local government in the metropolitan
    HB2335 Enrolled        - 120 - LRB104 09655 LNS 19721 b

1 region undertakes a new construction or reconstruction project

2 on a roadway under its jurisdiction that has bus stops, rail

3 stations, or other fixed location transit service stops where

4 a person can board or alight public transportation vehicles or

5 that intersects with a roadway that provides access to the

6 transit service stop within one-quarter mile of the project,

7 then the project scope may include the addition of sidewalks

8 or shared-use paths to connect the transit stops to any

9 existing sidewalks or paths within 500 feet of the project.

10 The unit of local government in the metropolitan region may

11 also include the addition of concrete sidewalk boarding areas,

12 which may connect to the sidewalk, for any existing or new

13 transit stops within the project limits and may add a shelter,

14 if appropriate, based on rules the Authority develops for

15 transit service stops.

16  (c) If a unit of local government in the metropolitan

17 region includes a project listed subsection (b) in its

18 construction or reconstruction project, then the unit of local

19 government may seek reimbursement from the Authority for

20 capital costs associated with the requirements of this

21 Section, including signal improvements, ADA accommodations,

22 and other pay items appurtenant to the construction of

23 sidewalks, shelters, and concrete boarding areas. If

24 right-of-way acquisition is required to construct the

25 improvements, then the unit of local government may elect not

26 to include these improvements in its construction contract.
    HB2335 Enrolled         - 121 - LRB104 09655 LNS 19721 b

1 Units of local government in the metropolitan region shall

2 comply with all applicable requirements of the Department of

3 Transportation in carrying out improvements under this

4 Section.

5   (d) The Authority shall, by ordinance, provide rules for

6 the program described in this Section, including rules

7 restricting reimbursement to pay items not already required by

8 the Department of Transportation, and it may elect to

9 establish an annual not-to-exceed amount for the program and

10 require cost-sharing by grantees. The Authority shall use only

11 capital funding for any program established under this

12 Section.

13 (Source: P.A. 104-457, eff. 6-1-26.)

14  (70 ILCS 3615/2.11.05)

15  (This Section may contain text from a Public Act with a

16 delayed effective date)

17  Sec. 2.11.05. NITA Law Enforcement Task Force.

18  (a) The Cook County Sheriff shall establish a

19 multijurisdictional NITA Law Enforcement Task Force led by the

20 Cook County Sheriff's Office in cooperation with the Chicago

21 Police Department, the Metra Police, the Illinois State

22 Police, the sheriff's offices of other counties in the

23 metropolitan region, and other municipal police departments in

24 the metropolitan region. Law enforcement agencies within the

25 metropolitan region not explicitly named in this subsection
    HB2335 Enrolled  - 122 - LRB104 09655 LNS 19721 b

1 may participate on the Task Force upon request of the Cook

2 County Sheriff.

3   (b) The Task Force shall be created under an

4 intergovernmental agreement and be dedicated to combating

5 violent and other types of crime with the primary mission of

6 preservation of life and reducing the occurrence and the fear

7 of crime on the public transit system of the Northern Illinois

8 Transit Authority. The objectives of the Task Force shall

9 include, but shall not be limited to, reducing and preventing

10 violent crimes and other illegal activities. The Task Force

11 shall also assist and coordinate with the Chief Transit Safety

12 Officer in the Chief Transit Safety Officer's efforts to

13 enforce the Authority's and Service Boards' codes of conduct

14 and to solve quality of life issues for transit riders and

15 staff.

16  (c) The Task Force may develop and acquire information,

17 training, tools, and resources necessary to implement a

18 data-driven approach to policing, with an emphasis on:

19         (1) preventing violent crime in known hotspots,

20  property crime, and code of conduct violations that are

21  crimes; and

22         (2) identifying and arresting persons accused of

23  violent crime.

24  (d) The Task Force may use information sharing,

25 partnerships, crime analysis, and evidence-based practices to

26 assist in the reduction of violent crime, property crime, and
    HB2335 Enrolled           - 123 - LRB104 09655 LNS 19721 b

1 other code of conduct violations.

2   (e) The Task Force shall recognize and use best practices

3 of community-oriented policing and procedural justice. The

4 Task Force may develop potential partnerships with faith-based

5 and community organizations to achieve its goals, including,

6 but not limited to, partnering with social service

7 organizations, to assist persons experiencing homelessness

8 obtain shelter and other services and to assist persons

9 experiencing a mental health or behavioral crisis in

10 connecting with appropriate services.

11  (f) The Task Force shall identify and use best practices

12 in deflection and diversion programs and other community-based

13 services to redirect low level offenders and persons charged

14 with nonviolent offenses.

15  (g) The Task Force shall engage in violence suppression

16 strategies, including, but not limited to, details in

17 identified locations that have shown to be the most prone to

18 gun violence and violent crime, focused deterrence against

19 violent gangs and groups considered responsible for the

20 violence in the transit system, and other intelligence driven

21 methods deemed necessary to implement the Task Force's

22 objectives.

23  (h) To implement this Section, the Cook County Sheriff may

24 establish intergovernmental agreements with law enforcement

25 agencies in accordance with the Intergovernmental Cooperation

26 Act.
    HB2335 Enrolled         - 124 - LRB104 09655 LNS 19721 b

1   (i) Law enforcement agencies that are party to an

2 intergovernmental agreement established under subsection (b)

3 or (h) and that participate in activities described in

4 subsections (c) through (g) may claim funds to defray

5 increased costs incurred by participation in the Task Force

6 from any available moneys provided in support of the Task

7 Force.

8   (j) The Chicago Police Department shall use any resources

9 provided for participation in the Task Force to supplement,

10 not supplant, existing force strength currently assigned to

11 the Mass Transit Unit within the Chicago Police Department.

12  (k) The Authority shall provide technical, operational,

13 and material assistance to the Task Force as necessary. The

14 Authority's Chief Transit Safety Officer or the Chief Transit

15 Safety Officer's designee shall participate in the Task Force

16 to facilitate information sharing.

17  (l) The Task Force shall coordinate with the Chief Transit

18 Safety Officer to identify which code of conduct violations

19 and quality of life issues shall fall under the Task Force's

20 purview, which shall fall under the transit ambassadors'

21 purview, and which shall require the Task Force and transit

22 ambassadors to respond.

23  (m) Within 6 months after the effective date of this

24 amendatory Act of the 104th General Assembly, the Task Force

25 shall prepare a preliminary report of recommendations for

26 ongoing law enforcement strategies, tactics, and best
    HB2335 Enrolled        - 125 - LRB104 09655 LNS 19721 b

1 practices for the Northern Illinois Transit Authority transit

2 system. The Task Force shall prepare a final report of

3 recommendations no later than March 1, 2027, and the The

4 report shall also make recommendations to be used by the

5 Authority in implementing a sworn law enforcement officer

6 crime prevention program on public transportation and a crime

7 prevention plan to protect public transportation employees and

8 riders in the metropolitan region. The Report shall be

9 submitted to the Coordinated Safety Response Council created

10 under Section 2.11.20.

11  (n) The Task Force shall disband 3 years after the

12 effective date of this amendatory Act of the 104th General

13 Assembly or upon the Authority's transition to a sworn law

14 enforcement officer crime prevention program on public

15 transportation and a crime prevention plan to protect public

16 transportation employees and riders in the metropolitan

17 region, whichever event occurs first.

18  (o) Prior to disbanding, the Task Force shall cooperate

19 with the Office of Transit Safety and Experience to develop a

20 plan to transition from the Task Force to a sworn law

21 enforcement officer crime prevention program on public

22 transportation and a crime prevention plan to protect public

23 transportation employees and riders in the metropolitan

24 region.

25 (Source: P.A. 104-457, eff. 6-1-26.)
    HB2335 Enrolled         - 126 - LRB104 09655 LNS 19721 b

1   (70 ILCS 3615/2.11.15)

2   (This Section may contain text from a Public Act with a

3 delayed effective date)

4   Sec. 2.11.15. Office of Transit Safety and Experience.

5   (a) The Authority shall establish an Office of Transit

6 Safety and Experience.

7   (b) The Office shall be responsible for:

8   (1) developing, implementing, and overseeing a

9   regionwide safety strategy, working with the Coordinated

10  Safety Response Council;

11  (2) promoting code of conduct compliance and the

12  safety of riders and workers;

13  (3) developing safety standards under subsection (a)

14  of Section 2.11.30;

15  (4) making recommendations relating to system safety

16  for inclusion in the Authority's Strategic Plan, Annual

17  Budget and 2-Year Financial Plan, 5-Year Capital Program,

18  and other projects and programs;

19  (5) making any reports and plans regarding rider and

20  worker safety required under this Act;

21  (6) overseeing the enforcement and facilitation of the

22  achievement and maintenance of safety standards, the

23  implementation of safety tools and technologies, and the

24  conducting of customer satisfaction polling under Section

25  2.11;

26  (7) coordinating and liaising with law enforcement
    HB2335 Enrolled  - 127 - LRB104 09655 LNS 19721 b

1   agencies, the Task Force, social service agencies, and

2   other government agencies or nongovernmental agencies

3   serving the metropolitan region on safety issues and

4   initiatives;

5   (8) strategizing and partnering with law enforcement

6   agencies as appropriate to ensure as much as possible that

7   the response to safety incidents on public transit

8   facilities occurs pursuant to the sworn law enforcement

9   officer crime prevention program on public transportation,

10  the crime prevention plan to protect public transportation

11  employees and riders in the metropolitan region, and the

12  incident response deployment strategy developed by the

13  Safety Coordination Council;

14  (9) developing and overseeing policies and programs to

15  assist riders in their use of the transit system and to

16  connect them to other beneficial government and social

17  services, including through partnerships and contracts

18  with social service agencies and nongovernmental agencies

19  that conduct outreach and provide assistance to unhoused

20  riders;

21  (10) collecting and analyzing data on safety incidents

22  occurring on public transportation in the metropolitan

23  region; and

24  (11) developing and implementing policies and

25  procedures for riders to provide compliments and

26  complaints about their experiences on public
    HB2335 Enrolled  - 128 - LRB104 09655 LNS 19721 b

1   transportation in the metropolitan region.

2   (c) The Executive Director of the Authority shall, subject

3 to the Board's approval, designate a full-time Chief Transit

4 Safety Officer to lead and manage the Office of Transit Safety

5 and Experience. The Chief Transit Safety Officer shall have

6 previously served in a supervisory capacity at a law

7 enforcement agency and report directly to the Executive

8 Director. The Chief Transit Safety Officer shall receive the

9 same training that all members of the Coordinated Safety

10 Response Council receive under subsection (h) of Section

11 2.11.20.

12  (d) Personnel within the Office for Transit Safety and

13 Experience may be organized or assigned into bureaus,

14 sections, or divisions as determined by the Executive Director

15 pursuant to the authority granted by this Act.

16  (e) To implement this Section, the Authority may establish

17 intergovernmental agreements with law enforcement agencies in

18 accordance with the Intergovernmental Cooperation Act.

19  (f) To implement this Section, the Authority shall enter

20 into contracts with nongovernmental agencies to provide, or

21 create using the staff of the Authority, programs that offer

22 outreach and assistance to riders that are unhoused, that

23 suffer from mental health issues, or that otherwise may

24 benefit from social services in order to implement the

25 recommendations of the study conducted by the Coordinated

26 Safety Response Council within 6 12 months of the delivery of
    HB2335 Enrolled         - 129 - LRB104 09655 LNS 19721 b

1 the report.

2   (g) Law enforcement agencies that are party to

3 intergovernmental agreements and nongovernmental agencies that

4 enter into contracts with the Authority to implement the sworn

5 law enforcement officer crime prevention program on public

6 transportation, the crime prevention plan to protect public

7 transportation employees and riders in the metropolitan

8 region, the incident response deployment strategy, or a

9 combination thereof may claim funds to defray increased costs

10 incurred by participation in those programs from any available

11 moneys provided in support of the programs.

12  (h) The Chicago Police Department shall use any resources

13 provided to implement the sworn law enforcement officer crime

14 prevention program on public transportation, the crime

15 prevention plan to protect public transportation employees and

16 riders in the metropolitan region, the incident response

17 deployment strategy or combination thereof to supplement, not

18 supplant, existing force strength currently assigned to the

19 Mass Transit Unit within the Chicago Police Department.

20 (Source: P.A. 104-457, eff. 6-1-26.)

21  (70 ILCS 3615/2.11.35)

22  (This Section may contain text from a Public Act with a

23 delayed effective date)

24  Sec. 2.11.35. Bus shields.

25  (a) As used in this Section, "security barrier" means a
    HB2335 Enrolled  - 130 - LRB104 09655 LNS 19721 b

1 protective partition made of hard and durable materials

2 designed to shield a fixed-route bus operator from physical

3 assault or projectiles while maintaining visibility and

4 communication with passengers, that:

5        (1) extends from the bus floor to the bus ceiling;

6        (2) is capable of fully enclosing the bus operator's

7   workstation and preventing the unwanted entry of persons,

8   fluids, and objects into the bus operator's workstation;

9   and

10       (3) does not impede the bus operator's lines of sight

11  from the workstation to the exterior of the bus.

12  (b) The bus operator's workstation of any fixed-route bus

13 operated in revenue service for the Authority, the Chicago

14 Transportation Authority, and the Suburban Bus Division shall

15 be equipped with a security barrier as conducive to the

16 physical limitations of the vehicle.

17  (c) No later than January 1, 2027, the Authority shall

18 consult with the Chicago Transportation Authority, the

19 Suburban Bus Division, and representatives from each labor

20 organization representing Chicago Transportation Authority

21 fixed-route bus operators and Suburban Bus Division

22 fixed-route bus operators regarding security barriers,

23 including design, materials, specifications, selection, and

24 installation.

25  (d) The Authority, the Chicago Transit Transportation

26 Authority, and the Suburban Bus Division shall complete
    HB2335 Enrolled  - 131 - LRB104 09655 LNS 19721 b

1 installation of security barriers by January 1, 2028 for

2 vehicles without limitations provided in subsection (b).

3   (e) In the The procurement of new fixed-route buses,

4 operated by the Authority, the Chicago Transit Transportation

5 Authority, and the Suburban Bus Division shall consider the

6 implementation of security barriers and the safety of bus

7 operators.

8 (Source: P.A. 104-457, eff. 6-1-26.)

9   (70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)

10  Sec. 2.14. Appointment of officers and employees. The

11 Authority may appoint, retain, and employ officers, attorneys,

12 agents, engineers and employees. The officers shall include an

13 Executive Director, who shall be the chief executive officer

14 of the Authority, appointed by the Chair with the concurrence

15 of 11 of the other then Directors of the Board. The initial

16 Executive Director appointed after this amendatory Act of the

17 104th General Assembly shall be confirmed by the Senate. Until

18 July 1, 2030, each Executive Director appointed under this

19 Section shall be confirmed by the Illinois State Senate until.

20 The Executive Director shall organize the staff of the

21 Authority, shall allocate their functions and duties, may

22 transfer such staff to the Service Boards or Transportation

23 Agencies when deemed necessary or advisable, shall fix

24 compensation and conditions of employment of the staff of the

25 Authority, and consistent with the policies of and direction
    HB2335 Enrolled     - 132 - LRB104 09655 LNS 19721 b

1 from the Board, take all actions necessary to achieve its

2 purposes, fulfill its responsibilities and carry out its

3 powers, and shall have such other powers and responsibilities

4 as the Board shall determine. The Executive Director must be

5 an individual of proven transportation and management skills

6 and may not be a member of the Board. The Authority may employ

7 its own professional management personnel to provide

8 professional and technical expertise concerning its purposes

9 and powers and to assist it in assessing the performance of the

10 Service Boards in the metropolitan region.

11  No employee, officer, or agent of the Authority may

12 receive a bonus that exceeds 10% of his or her annual salary

13 unless that bonus has been reviewed by the Board for a period

14 of 14 days. After 14 days, the bonus shall be considered

15 reviewed. This Section does not apply to usual and customary

16 salary adjustments.

17  No unlawful discrimination, as defined and prohibited in

18 the Illinois Human Rights Act, shall be made in any term or

19 aspect of employment nor shall there be discrimination based

20 upon political reasons or factors. The Authority shall

21 establish regulations to insure that its discharges shall not

22 be arbitrary and that hiring and promotion are based on merit.

23  The Authority shall be subject to the Illinois Human

24 Rights Act and the remedies and procedure established under

25 that Act. The Authority shall file an affirmative action

26 program for employment by it with the Department of Human
    HB2335 Enrolled      - 133 - LRB104 09655 LNS 19721 b

1 Rights to ensure that applicants are employed and that
2 employees are treated during employment, without regard to
3 unlawful discrimination. Such affirmative action program shall
4 include provisions relating to hiring, upgrading, demotion,
5 transfer, recruitment, recruitment advertising, selection for
6 training and rates of pay or other forms of compensation.
7 (Source: P.A. 104-457, eff. 6-1-26.)

8   (70 ILCS 3615/2.41)

9   Sec. 2.41. Fast-track authority.

10  (a) The Board may designate select projects in the 5-Year

11 Capital Program to be authorized using a fast-track process to

12 be approved along with the 5-Year Capital Program.

13  (1) To be considered for fast-track authorization, a

14  project must meet each of the following criteria:

15  (A) It must have over $250,000,000 in 5-year

16  funding programmed in the 5-Year Capital Program.

17  (B) It must have demonstrated local support in the

18  affected area, as evidenced by comments at public

19  meetings, letters of support from local officials,

20  survey responses, or similar expressions of support.

21  (C) It must document benefits from techniques

22  recognized to lower costs, such as the use of itemized

23  costs, standardized designs, or increased in-house

24  staff to manage contracts.

25  (2) The Board shall hold the following hearings for
    HB2335 Enrolled  - 134 - LRB104 09655 LNS 19721 b

1   each fast-track project to demonstrate how the project

2   meets the eligibility criteria before final approval of

3   the 5-Year Capital Program. Before adopting a 5-Year

4   Capital Program with one or more fast-track projects, the

5   Board must meet with and attempt to address concerns

6   raised by (i) the county board president or county

7   executive of each county within which any construction

8   activity for the proposed fast-track projects is to be

9   conducted; (ii) the mayor of Chicago if any fast-track

10  project construction activity may occur within Chicago;

11  and (iii) the Department of Transportation if any

12  fast-track project construction activity will affect

13  highway rights-of-way under State jurisdiction.

14  (b) Once the Board has presented the fast-track project,

15 the Board may approve its fast-track status as part of the

16 5-year Capital Program. Upon confirmation of fast-track

17 status, the Authority or the relevant Service Board shall

18 notify the State and any unit of local government or public

19 utility affected by any proposed construction, acquisition, or

20 other activity related to the fast-track project. Any

21 agreements, such as cost-sharing agreements for utility

22 relocation, project betterments, and site access, between the

23 Authority or a Service Board and the State, unit of local

24 government, private or public utilities, or private property

25 owners shall be negotiated and executed before fast-track

26 projects are finalized and construction contracts are
    HB2335 Enrolled  - 135 - LRB104 09655 LNS 19721 b

1 executed.

2   (1) If construction related to the fast-track project

3   will require access to a roadway or right-of-way that is

4   under the jurisdiction of the State or a unit of local

5   government, the Authority shall provide notice to the

6   governmental entity from which the Authority anticipates

7   seeking right-of-way access upon completion of the

8   preliminary plan and shall provide updates throughout the

9   planning stage. Upon completion of final plans, the

10  Authority shall request access to roadways or

11  right-of-ways, if necessary, from the government entity

12  with jurisdiction over the property. The Authority's

13  request must comply with any existing requirements of the

14  State or unit of local government for access to its

15  roadways or, at minimum, include detailed construction

16  plans, safety measures, and plans for mitigating traffic

17  and inconvenience caused by the work.

18  Once an access request is received and complete

19  information has been provided, as determined by the State

20  or unit of local government from which the Authority seeks

21  access, the government entity with jurisdiction over the

22  relevant roadway will have 60 days to process and respond

23  to the Authority's request. If the State or unit of local

24  government requires additional information or adjustments

25  to the Authority's plans, it will work with the Authority

26  for an additional 45 days to complete its review. If the
    HB2335 Enrolled  - 136 - LRB104 09655 LNS 19721 b

1   State or unit of local government fails or is unable to

2   approve the Authority's request within 120 days, the

3   Authority may report the delay to and seek immediate

4   approval from the relevant representative of the State or

5   unit of local government, which is the Regional Engineer

6   of the Department of Transportation's District 1 Office if

7   the request involves a State roadway; the relevant highway

8   superintendent or county engineer if the request involves

9   a county roadway; the transportation commissioner if the

10  request involves a municipality; or the chief executive

11  officer of the relevant organization if the requests

12  involves any other local governmental entity.

13  Upon completion of construction, the Authority shall

14  comply with permit and State or unit of local governmental

15  requirements and restore the roadway to its previous

16  condition, unless otherwise agreed to by the State or unit

17  of local government. The Authority shall provide a survey

18  of the quality of the relevant infrastructure and shall

19  allow the State or unit of local government to inspect the

20  infrastructure. The Authority shall be responsible for any

21  defect in infrastructure or other damage resulting from

22  the Authority's actions. The Authority shall either repair

23  or compensate the State or unit of local government for

24  any damages resulting from the Authority's actions. Unless

25  previously agreed, at no point shall the Authority's use

26  of State or unit of local governmental property be
    HB2335 Enrolled  - 137 - LRB104 09655 LNS 19721 b

1   permanent, create a property interest, or affect the

2   jurisdiction of the roadway.

3   (2) If a fast-track project requires the removal,

4   relocation, or modification of any facility of a public

5   utility, the Authority or the relevant Service Board shall

6   provide reasonable notice to the affected public utility

7   when the need for removal or relocation becomes known and

8   shall provide updates throughout the planning stage. Upon

9   completion of final plans, the Authority shall provide

10  written notice to each affected public utility of the need

11  to remove, relocate, or modify its facilities. The notice

12  shall include detailed construction plans, safety

13  measures, and plans for mitigating traffic and

14  inconvenience caused by the work. If public utility

15  facilities that are subject to removal or relocation are

16  located within State or county highway rights-of-way, then

17  the Authority may, with the consent of the State or

18  appropriate county highway authority, coordinate with the

19  Department of Transportation or county highway authority,

20  and the removal or relocation shall be subject to the

21  terms of the Illinois Highway Code. Any other utility

22  relocation or removal shall be subject to the terms of

23  subsection (b) of Section 2.21.

24  Upon receipt of the written notice, the utility shall

25  prioritize the removal or relocation of the facilities and

26  shall coordinate with the Authority or the relevant
    HB2335 Enrolled         - 138 - LRB104 09655 LNS 19721 b

1   Service Board to ensure that the removal or relocation is

2   done safely, efficiently, expeditiously, and without

3   compromising the service to the Authority or the relevant

4   Service Board or the public. The taking shall occur by

5   condemnation according to law to the extent that the

6   removal or relocation requires the taking of utility

7   property.

8 (Source: P.A. 103-281, eff. 7-28-23; 104-457, eff. 6-1-26.)

9   (70 ILCS 3615/2.49)

10  (This Section may contain text from a Public Act with a

11 delayed effective date)

12  Sec. 2.49. Renovations to terminals.

13  (a) The Authority shall remodel, renovate, or construct a

14 new station at or near the Central Station and the western

15 entrance at the Lavergne Avenue location on the Blue Line. The

16 renovated or newly constructed station shall be completed and

17 open for public operation no later than January 1, 2031.

18  The Authority shall remodel, renovate, or construct a new

19 station at or near the Central station and the western

20 entrance at Leclaire Avenue location on the Blue Line. The

21 renovated or newly constructed station shall be completed and

22 open for public operation no later than January 1, 2029.

23  (b) The Authority shall remodel, renovate, or construct a

24 new station along the Green Line within the Englewood

25 community area. The renovated or newly constructed station
    HB2335 Enrolled          - 139 - LRB104 09655 LNS 19721 b

1 shall be completed and open for public operation no later than

2 January 1, 2031 2029.

3   (c) The Authority may enter into intergovernmental

4 agreements with municipalities to share costs for repair and

5 related right-of-way improvements for bridges used by the

6 Green Line located outside of the City of Chicago.

7   (d) The Authority may enter into cost-sharing agreements

8 necessary to carry out the purposes of this Section using

9 funds appropriated to it and funds made available through

10 existing capital programs administered by the Department of

11 Transportation or the Authority.

12 (Source: P.A. 104-457, eff. 6-1-26.)

13  (70 ILCS 3615/2.50 new)

14  Sec. 2.50. Construction contracts; responsible bidder

15 requirements. To be considered a responsible bidder on a

16 construction contract for purposes of this Act, a bidder must

17 comply with all of the following requirements and must present

18 satisfactory evidence of that compliance to the appropriate

19 construction agency:

20  (1) The bidder must comply with all applicable laws

21  concerning the bidder's entitlement to conduct business in

22  Illinois.

23  (2) The bidder must comply with all applicable

24  provisions of the Prevailing Wage Act.

25  (3) The bidder must comply with Subchapter VI ("Equal
    HB2335 Enrolled   - 140 - LRB104 09655 LNS 19721 b

1   Employment Opportunities") of Chapter 21 of Title 42 of

2   the United States Code (42 U.S.C. 2000e and following) and

3   with Federal Executive Order No. 11246 as amended by

4   Executive Order No. 11375.

5   (4) The bidder must have a valid Federal Employer

6   Identification Number or, if an individual, a valid Social

7   Security Number.

8   (5) The bidder must have a valid certificate of

9   insurance showing the following coverages: general

10  liability, professional liability, product liability,

11  workers' compensation, completed operations, hazardous

12  occupation, and automobile.

13  (6) The bidder and all bidder's subcontractors must

14  participate in applicable apprenticeship and training

15  programs approved by and registered with the United States

16  Department of Labor's Bureau of Apprenticeship and

17  Training.

18  (7) The bidder must certify that the bidder will

19  maintain an Illinois office as the primary place of

20  employment for persons employed in the construction

21  authorized by the contract. The provisions of this Section

22  shall not apply to federally funded construction projects

23  if such application would jeopardize the receipt or use of

24  federal funds in support of such a project.

25  Construction contracts of the Authority and the Service

26 Boards that are subject to this Act shall be awarded only to a
    HB2335 Enrolled  - 141 - LRB104 09655 LNS 19721 b

1 bidder that is considered to be a responsible bidder under
2 this Section.

3   (70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)

4   Sec. 3.01. Board of Directors. The corporate authorities

5 and governing body of the Authority shall be a Board

6 consisting of 13 Directors until April 1, 2008, and 16

7 Directors thereafter, appointed as follows:

8   (a) Four Directors appointed by the Mayor of the City of

9 Chicago, with the advice and consent of the City Council of the

10 City of Chicago, and, only until April 1, 2008, a fifth

11 director who shall be the Chairman of the Chicago Transit

12 Authority. After April 1, 2008, the Mayor of the City of

13 Chicago, with the advice and consent of the City Council of the

14 City of Chicago, shall appoint a fifth Director. The Directors

15 appointed by the Mayor of the City of Chicago shall not be the

16 Chairman or a Director of the Chicago Transit Authority. Each

17 such Director shall reside in the City of Chicago.

18  (b) Four Directors appointed by the votes of a majority of

19 the members of the Cook County Board elected from districts, a

20 majority of the electors of which reside outside Chicago.

21 After April 1, 2008, a fifth Director appointed by the

22 President of the Cook County Board with the advice and consent

23 of the members of the Cook County Board. Each Director

24 appointed under this subparagraph shall reside in that part of

25 Cook County outside Chicago.
    HB2335 Enrolled   - 142 - LRB104 09655 LNS 19721 b

1   (c) Until April 1, 2008, 3 Directors appointed by the

2 Chairmen of the County Boards of DuPage, Kane, Lake, McHenry,

3 and Will Counties, as follows:

4   (i) Two Directors appointed by the Chairmen of the

5   county boards of Kane, Lake, McHenry and Will Counties,

6   with the concurrence of not less than a majority of the

7   Chairmen from such counties, from nominees by the

8   Chairmen. Each such Chairman may nominate not more than 2

9   persons for each position. Each such Director shall reside

10  in a county in the metropolitan region other than Cook or

11  DuPage Counties.

12  (ii) One Director appointed by the Chairman of the

13  DuPage County Board with the advice and consent of the

14  DuPage County Board. Such Director shall reside in DuPage

15  County.

16  (d) After April 1, 2008, 5 Directors appointed by the

17 Chairmen of the County Boards of DuPage, Kane, Lake and

18 McHenry Counties and the County Executive of Will County, as

19 follows:

20  (i) One Director appointed by the Chairman of the Kane

21  County Board with the advice and consent of the Kane

22  County Board. Such Director shall reside in Kane County.

23  (ii) One Director appointed by the County Executive of

24  Will County with the advice and consent of the Will County

25  Board. Such Director shall reside in Will County.

26  (iii) One Director appointed by the Chairman of the
    HB2335 Enrolled  - 143 - LRB104 09655 LNS 19721 b

1   DuPage County Board with the advice and consent of the

2   DuPage County Board. Such Director shall reside in DuPage

3   County.

4   (iv) One Director appointed by the Chairman of the

5   Lake County Board with the advice and consent of the Lake

6   County Board. Such Director shall reside in Lake County.

7   (v) One Director appointed by the Chairman of the

8   McHenry County Board with the advice and consent of the

9   McHenry County Board. Such Director shall reside in

10  McHenry County.

11  (vi) To implement the changes in appointing authority

12  under this subparagraph (d) the three Directors appointed

13  under subparagraph (c) and residing in Lake County, DuPage

14  County, and Kane County respectively shall each continue

15  to serve as Director until the expiration of their

16  respective term of office and until his or her successor

17  is appointed and qualified or a vacancy occurs in the

18  office. Thereupon, the appointment shall be made by the

19  officials given appointing authority with respect to the

20  Director whose term has expired or office has become

21  vacant.

22  (e) The Chairman serving on the effective date of this

23 amendatory Act of the 95th General Assembly shall continue to

24 serve as Chairman until the expiration of his or her term of

25 office and until his or her successor is appointed and

26 qualified or a vacancy occurs in the office. Upon the
    HB2335 Enrolled      - 144 - LRB104 09655 LNS 19721 b

1 expiration or vacancy of the term of the Chairman then serving

2 upon the effective date of this amendatory Act of the 95th

3 General Assembly, the Chairman shall be appointed by the other

4 Directors, by the affirmative vote of at least 11 of the then

5 Directors with at least 2 affirmative votes from Directors who

6 reside in the City of Chicago, at least 2 affirmative votes

7 from Directors who reside in Cook County outside the City of

8 Chicago, and at least 2 affirmative votes from Directors who

9 reside in the Counties of DuPage, Lake, Will, Kane, or

10 McHenry. The chairman shall not be appointed from among the

11 other Directors. The chairman shall be a resident of the

12 metropolitan region.

13  (f) Except as otherwise provided by this Act no Director

14 shall, while serving as such, be an officer, a member of the

15 Board of Directors or Trustees or an employee of any Service

16 Board or transportation agency, or be an employee of the State

17 of Illinois or any department or agency thereof, or of any

18 municipality, county, or any other unit of local government or

19 receive any compensation from any elected or appointed office

20 under the Constitution and laws of Illinois; except that a

21 Director may be a member of a school board.

22  (g) Each appointment made under this Section and under

23 Section 3.03 shall be certified by the appointing authority to

24 the Board, which shall maintain the certifications as part of

25 the official records of the Authority.

26  (h) (Blank).
    HB2335 Enrolled           - 145 - LRB104 09655 LNS 19721 b

1   (i) This Section is repealed on September 1, 2026.

2 The corporate authorities and governing and administrative

3 body of the Authority shall be a Board consisting of 20

4 Directors appointed as follows:

5   (a) Five Directors appointed by the Mayor of the City of

6 Chicago, with the advice and consent of the City Council of the

7 City of Chicago. Each Director shall reside in the City of

8 Chicago. Directors appointed under this subsection shall

9 include:

10  (1) one Director with an initial term of 5 years who

11  shall serve as a member of the Board of the Chicago Transit

12  Authority;

13  (2) one Director with an initial term of 3 years who

14  shall serve as a member of the Board of the Chicago Transit

15  Authority;

16  (3) one Director with an initial term of 5 years who

17  shall serve as a director of the Suburban Bus Board;

18  (4) one Director with an initial term of 3 years who

19  shall serve as a director of the Commuter Rail Board; and

20  (5) one Director with an initial term of 5 years.

21  (a-5) Five Directors appointed by the Governor of the

22 State of Illinois with the advice and consent of the Senate.

23 Each Director appointed under this subsection shall reside in

24 the metropolitan region. Directors appointed under this

25 subsection shall include:

26  (1) one Director with an initial term of 5 years who
    HB2335 Enrolled  - 146 - LRB104 09655 LNS 19721 b

1   shall serve as a member of the Board of the Chicago Transit

2   Authority;

3   (2) one Director with an initial term of 3 years who

4   shall serve as a director of the Suburban Bus Board;

5   (3) one Director appointed by the Governor, with the

6   advice and consent of the Senate, with an initial term of 5

7   years who shall serve as a director of the Commuter Rail

8   Board;

9   (4) one Director with an initial term of 5 years; and

10  (5) one Director with an initial term of 3 years.

11  (b) Five Directors appointed by the President of the Cook

12 County Board of Commissioners, with the advice and consent of

13 the Cook County Board of Commissioners, including:

14  (1) one Director representing those communities in

15  Cook County that are outside of the City of Chicago and

16  north of Devon Avenue who shall reside in the area the

17  Director represents, serve an initial term of 3 years, and

18  serve as a director of the Suburban Bus Board;

19  (2) one Director representing those communities in

20  Cook County that are outside of the City of Chicago, south

21  of Devon Avenue, and north of Interstate 55, and in

22  addition the Village of Summit who shall reside in the

23  area the Director represents, serve an initial term of 5

24  years, and serve as a director of the Suburban Bus Board;

25  (3) one Director representing those communities in

26  Cook County that are outside of the City of Chicago, south
    HB2335 Enrolled  - 147 - LRB104 09655 LNS 19721 b

1   of Interstate 55, and west of the Interstate 57, excluding

2   the communities of Summit, Dixmoor, Posen, Robbins,

3   Midlothian, Oak Forest, and Tinley Park who shall reside

4   in the area the Director represents, serve an initial term

5   of 3 years, and serve as a director of the Commuter Rail

6   Board;

7   (4) one Director representing those communities in

8   Cook County that are outside of the City of Chicago and

9   east of Interstate 57, and, in addition, the communities

10  of Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and

11  Tinley Park who shall reside in the area the Director

12  represents, serve an initial term of 5 years, and serve as

13  a director of the Commuter Rail Board; and

14  (5) one Director with an initial term of 3 years who

15  shall serve as a member of the Board of the Chicago Transit

16  Authority.

17  (b-5) Five Directors appointed by the chair of the county

18 boards of Kane, Lake, McHenry, DuPage, and Will counties. Each

19 chair shall appoint one Director for the chair's county, with

20 the advice and consent of the chair's county board. Each

21 Director shall reside in the county from which the Director is

22 appointed. Directors appointed under this subsection shall

23 include:

24  (1) one Director appointed by the Chairman of the

25  DuPage County Board with an initial term of 5 years who

26  shall serve as a director of the Suburban Bus Board;
    HB2335 Enrolled      - 148 - LRB104 09655 LNS 19721 b

1   (2) one Director appointed by the Chairman of the Kane

2   County Board with an initial term of 3 years who shall

3   serve as a director of the Suburban Bus Board;

4   (3) one Director appointed by the Chairman of the Lake

5   County Board with an initial term of 3 years who shall

6   serve as a director of the Commuter Rail Board;

7   (4) one Director appointed by the Chairman of the

8   McHenry County Board with an initial term of 5 years who

9   shall serve as a director of the Commuter Rail Board; and

10  (5) one Director appointed by the County Executive of

11  Will County Board who shall reside in Will County, serve

12  an initial term of 3 years, and serve as a director of the

13  Suburban Bus Board.

14  (b-10) On September 1, 2026, the terms of all directors

15 serving on the effective date of this amendatory Act of the

16 104th General Assembly and of any directors appointed to fill

17 a vacancy shall immediately expire. If a vacancy on the Board

18 occurs before September 1, 2026, then the vacancy shall be

19 filled under Section 3.03. Directors serving on the effective

20 date of this amendatory Act of the 104th General Assembly may

21 be reappointed.

22  (b-15) Within 120 days of the effective date of this

23 amendatory Act of the 104th General Assembly, the appointing

24 authorities shall appoint, with the advice and consent

25 required under this Section, a new Board of the Authority.

26 Directors have been appointed when appointments are filed with
    HB2335 Enrolled  - 149 - LRB104 09655 LNS 19721 b

1 and accepted by the Secretary of State in accordance with

2 subsection (g). The initial Directors appointed after the

3 effective date of this amendatory Act of the 104th General

4 Assembly shall serve terms of office beginning on September 1,

5 2026.

6   (b-20) On the first meeting of the Board the Directors

7 after the effective date of this amendatory Act of the 104th

8 General Assembly, the Board of Directors shall, by majority

9 vote, elect a Director to serve as Chair of the Board. All

10 subsequent Chairs of the Board shall be elected by a majority

11 vote by the Directors of the Board from among the Directors.

12 Until September 1, 2030, the Chair of the Board must be

13 confirmed by the Senate. Until September 1, 2030, if the

14 Directors elect a Chair of the Board, then the elected Chair of

15 the Board may serve as a the acting Chair of the Board until

16 confirmation. Until September 1, 2030, if the Senate votes

17 against confirming the acting Chair of the Board, then the

18 acting Chair of the Board must resign and the Directors must

19 elect a new Chair of the Board.

20  (b-25) The subsequent terms of each Director appointed

21 after September 1, 2026 shall be 5 years.

22  (c) (Blank).

23  (d) (Blank).

24  (e) (Blank).

25  (f) Except as otherwise provided by this Act, no Director

26 shall, while serving as such, be an officer, member of the
    HB2335 Enrolled  - 150 - LRB104 09655 LNS 19721 b

1 Board of Directors or Trustees, an employee of any Service

2 Board or Transportation Agency, or an employee of the State,

3 any department or agency of the State, or any municipality,

4 county, or other unit of local government or receive any

5 compensation from any elected or appointed office under the

6 Constitution and laws of Illinois; except that a Director may

7 be a member of a school board, a member of the National Guard,

8 or, if the Director is also a member of the Suburban Bus Board,

9 an elected officer of a municipality.

10  (g) Each appointment made under this Section and under

11 Section 3.03 shall be certified by the appointing authority

12 and filed with the Secretary of State and the Secretary of the

13 Board. The Secretary of the Board shall maintain the

14 certifications as part of the official records of the

15 Authority.

16  (h) (Blank).

17  (i) Directors shall have diverse and substantial relevant

18 experience and expertise for overseeing the planning,

19 operation, and funding of a regional transportation system,

20 including, but not limited to, backgrounds in urban and

21 regional planning, management of large capital projects, labor

22 and workforce development, business management, public

23 administration, transportation, and community organizations.

24  (j) Those responsible for appointing Directors shall

25 strive to assemble a set of Directors that, to the greatest

26 extent possible, reflects the ethnic, cultural, economic,
    HB2335 Enrolled  - 151 - LRB104 09655 LNS 19721 b

1 racial, and geographic diversity of the metropolitan region.
2 (Source: P.A. 104-457, eff. 6-1-26.)

3   (70 ILCS 3615/3A.02) (from Ch. 111 2/3, par. 703A.02)

4   Sec. 3A.02. Suburban Bus Board.

5   (a) The governing body of the Suburban Bus Division shall

6 be the Suburban Bus Board. Until September 1, 2026, the

7 Suburban Bus Board shall consist of 13 directors appointed as

8 follows:

9   (1) (a) Six Directors appointed by the members of the

10  Cook County Board elected from that part of Cook County

11  outside of Chicago, or in the event such Board of

12  Commissioners becomes elected from single member

13  districts, by those Commissioners elected from districts,

14  a majority of the residents of which reside outside of

15  Chicago from the chief executive officers of the

16  municipalities, of that portion of Cook County outside of

17  Chicago. Provided however, that:

18          (A) One of the Directors shall be the chief

19  executive officer of a municipality within the area of

20  the Northwest Region defined in Section 3A.13;

21          (B) One of the Directors shall be the chief

22  executive officer of a municipality within the area of

23  the North Central Region defined in Section 3A.13;

24          (C) One of the Directors shall be the chief

25  executive officer of a municipality within the area of
    HB2335 Enrolled  - 152 - LRB104 09655 LNS 19721 b

1   the North Shore Region defined in Section 3A.13;

2   (D) One of the Directors shall be the chief

3   executive officer of a municipality within the area of

4   the Central Region defined in Section 3A.13;

5   (E) One of the Directors shall be the chief

6   executive officer of a municipality within the area of

7   the Southwest Region defined in Section 3A.13;

8   (F) One of the Directors shall be the chief

9   executive officer of a municipality within the area of

10  the South Region defined in Section 3A.13;

11  (2) One Director by the Chairman of the Kane County

12  Board who shall be a chief executive officer of a

13  municipality within Kane County;

14  (3) One Director by the Chairman of the Lake County

15  Board who shall be a chief executive officer of a

16  municipality within Lake County;

17  (4) One Director by the Chairman of the DuPage County

18  Board who shall be a chief executive officer of a

19  municipality within DuPage County;

20  (5) One Director by the Chairman of the McHenry County

21  Board who shall be a chief executive officer of a

22  municipality within McHenry County;

23  (6) One Director by the Chairman of the Will County

24  Board who shall be a chief executive officer of a

25  municipality within Will County;

26  (7) The Commissioner of the Mayor's Office for People
    HB2335 Enrolled         - 153 - LRB104 09655 LNS 19721 b

1   with Disabilities, from the City of Chicago, who shall

2   serve as an ex officio member; and

3   (8) The Chairman by the Governor for the initial term,

4   and thereafter by a majority of the Chairmen of the

5   DuPage, Kane, Lake, McHenry and Will County Boards and the

6   members of the Cook County Board elected from that part of

7   Cook County outside of Chicago, or in the event such Board

8   of Commissioners is elected from single member districts,

9   by those Commissioners elected from districts, a majority

10  of the electors of which reside outside of Chicago; and

11  who after the effective date of this amendatory Act of the

12  95th General Assembly may not be a resident of the City of

13  Chicago.

14  (b) Beginning September 1, 2026, the board shall consist

15 of 11 directors appointed as follows:

16  (1) One director appointed by the Governor, with the

17  advice and consent of the Senate. The director appointed

18  under this paragraph shall have an initial term of 3

19  years. The director appointed under this paragraph shall

20  also serve as a Director of the Northern Illinois Transit

21  Authority.

22  (2) Two directors appointed by the Mayor of Chicago

23  with the advice and consent of the City Council of the City

24  of Chicago, including:

25  (A) a director with an initial term of 5 years who

26  shall serve as a Director on the Board of the
    HB2335 Enrolled  - 154 - LRB104 09655 LNS 19721 b

1   Authority; and

2   (B) a director with an initial term of 3 years.

3   (3) Three directors appointed by the President of the

4   Cook County Board of Commissioners with the advice and

5   consent of the Cook County Board of Commissioners,

6   including:

7   (A) a director with an initial term of 5 years who

8   shall serve as a Director on the Board of the

9   Authority;

10  (B) a director with an initial term of 3 years who

11  shall serve as a Director on the Board of the

12  Authority; and

13  (C) a director with an initial term of 5 years.

14  (4) One director appointed by the Chairman of the

15  DuPage County Board. The director appointed under this

16  paragraph shall have an initial term of 5 3 years. The

17  director appointed under this paragraph shall also serve

18  as a Director on the Board of the Authority.

19  (5) One director appointed by the Chairman of the Kane

20  County Board. The director appointed under this paragraph

21  shall have an initial term of 3 5 years. The director

22  appointed under this paragraph shall also serve as a

23  Director on the Board of the Authority.

24  (6) One director appointed by the Chairman of the Lake

25  County Board. The director appointed under this paragraph

26  shall have an initial term of 5 years.
    HB2335 Enrolled         - 155 - LRB104 09655 LNS 19721 b

1   (7) One director appointed by the Chairman of the

2   McHenry County Board. The director appointed under this

3   paragraph shall have an initial term of 3 years.

4   (8) One director appointed by the County Executive of

5   the Will County Board. The director appointed under this

6   paragraph shall reside in Will County. The director

7   appointed under this paragraph shall have an initial term

8   of 3 5 years. The director appointed under this paragraph

9   shall also serve as a Director on the Board of the

10  Authority.

11  (c) The subsequent terms of each director appointed under

12 subsection (b) shall be 5 years.

13  (d) The Chair of the Suburban Bus Board shall be elected by

14 a majority vote by the directors of the Suburban Bus Board from

15 among the directors of the Suburban Bus Board. Until September

16 1, 2030, the Chair of the Suburban Bus Board must be approved

17 by the Senate. Until September 1, 2030, if the directors of the

18 Suburban Bus Board elect a Chair of the Suburban Bus Board,

19 then the elected Chair of the Suburban Bus Board may serve as a

20 the acting Chair of the Suburban Bus Board until confirmation.

21 Until September 1, 2030, if the Senate votes against

22 confirming the acting Chair of the Suburban Bus Board, then

23 the acting Chair of the Suburban Bus Board must resign and the

24 directors of the Suburban Bus Board must elect a new Chair of

25 the Suburban Bus Board.

26  (e) Initial appointments of directors under subsection (b)
    HB2335 Enrolled   - 156 - LRB104 09655 LNS 19721 b

1 must be made in time for the directors to begin their terms on

2 September 1, 2026.

3   (e-5) Except as otherwise provided by this Act, no

4 Director appointed under subsection (b) shall, while serving

5 as such, be an officer, a member of the Board of Directors or

6 Trustees, or an employee of any other Service Board or

7 Transportation Agency, or an employee of the State, any

8 department or agency of the State, or any municipality,

9 county, or other unit of local government, or receive any

10 compensation from any elected or appointed office under the

11 Constitution and laws of Illinois; except that a Director may

12 be a mayor of a municipality, a member of a school board, or a

13 member of the National Guard.

14  (f) On September 1, 2026, the terms of all directors

15 appointed under subsection (a) and of any directors appointed

16 to fill a vacancy shall immediately expire. If a vacancy on the

17 Suburban Bus Board occurs before September 1, 2026, then the

18 vacancy shall be filled under Section 3A.03. Directors

19 appointed under subsection (a) may be reappointed under

20 subsection (b).

21  (g) Directors shall have diverse and substantial relevant

22 experience or expertise in overseeing the planning, operation,

23 or funding of a public transportation system, including, but

24 not limited to, backgrounds in urban and regional planning,

25 management of large capital projects, labor and workforce

26 development, business management, public administration,
    HB2335 Enrolled         - 157 - LRB104 09655 LNS 19721 b

1 transportation, and transit and ridership advocacy.

2   (h) Those responsible for appointing directors shall

3 strive to assemble a set of directors that, to the greatest

4 extent possible, reflects the ethnic, cultural, economic,

5 racial, and geographic diversity of the metropolitan region.

6 (Source: P.A. 104-457, eff. 6-1-26.)

7   (70 ILCS 3615/3A.06) (from Ch. 111 2/3, par. 703A.06)

8   Sec. 3A.06. Compensation. The members of the Suburban Bus

9 Board shall receive an annual salary of $15,000, except that

10 members of the Suburban Bus Board who are also members of the

11 Board of the Authority shall receive $10,000 $5,000 per year

12 in addition to the compensation the members receive for

13 serving on the Board of the Authority. Each member shall be

14 reimbursed for actual expenses incurred in the performance of

15 his duties, not to exceed $5,000 $5000 per year.

16  Officers of the Division shall not be required to comply

17 with the requirements of the Public Funds Statement

18 Publication Act.

19 (Source: P.A. 104-457, eff. 6-1-26.)

20  (70 ILCS 3615/3A.10.5)

21  (This Section may contain text from a Public Act with a

22 delayed effective date)

23  Sec. 3A.10.5. Budget and program. The Suburban Bus Board,

24 subject to the powers of the Authority, including the budget
HB2335 Enrolled  - 158 - LRB104 09655 LNS 19721 b

 1 review powers contained in Section 4.01 of the Northern
 2 Illinois Transit Authority Act, shall by ordinance appropriate
 3 money to perform the Division's purposes and provide for
 4 payment of debts and expenses of the Division. Each year, as
 5 part of the process set forth in Section 4.01 4.11, the
 6 Authority shall prepare and publish a comprehensive annual
 7 budget and proposed 5-year Capital Program document, and a
 8 financial plan for the 2 years thereafter describing the state
 9 of the Division and presenting for the forthcoming fiscal year
10 and the 2 following years the Division's plans for such
11 operations and capital expenditures as it intends to undertake
12 and the means by which it intends to finance them. The proposed
13 budget, financial plan, and 5-year Capital Program shall be
14 based on the Authority's estimate of funds to be made
15 available to the Suburban Bus Board by or through the
16 Authority and shall conform in all respects to the
17 requirements established by the Authority. The proposed
18 budget, financial plan, and 5-year Capital Program shall
19 contain a statement of the funds estimated to be on hand at the
20 beginning of the fiscal year, the funds estimated to be
21 received from all sources for such year and the funds
22 estimated to be on hand at the end of such year. The fiscal
23 year of the Division shall be the same as the fiscal year of
24 the Authority. The proposed budget, financial plan, and 5-year
25 Capital Program shall be included in the Authority's public
26 hearings under Section 4.01 4.11. The budget, financial plan,
    HB2335 Enrolled         - 159 - LRB104 09655 LNS 19721 b

 1 and 5-year Capital Program shall then be finalized by the
 2 Authority as provided in Section 4.01 4.11. The ordinance
 3 adopted by the Authority as provided in Section 4.01 4.11
 4 shall appropriate such sums of money as are deemed necessary
 5 to defray all necessary expenses and obligations of the
 6 Division, specifying purposes and the objects or programs for
 7 which appropriations are made and the amount appropriated for
 8 each object or program. Additional appropriations, transfers
 9 between items and other changes in such ordinance which do not
10 alter the basis upon which the balanced budget determination
11 was made by the Board of the Authority may be made from time to
12 time by the Suburban Bus Board. The Suburban Bus Board shall
13 not (i) use any funds in its budget, or in reserves, allocated
14 for operational expenses to fund capital projects or (ii)
15 transfer moneys from any funds in its budget, or in reserves,
16 allocated for operational expenses to an account primarily
17 used to fund capital projects.
18 (Source: P.A. 104-457, eff. 6-1-26.)

19  (70 ILCS 3615/3A.15.5)

20  (This Section may contain text from a Public Act with a

21 delayed effective date)

22  Sec. 3A.15.5. Visitor paratransit service.

23  (a) Upon certifying that a person is eligible to receive

24 complementary paratransit services under 49 CFR Part 37,

25 Subpart F or within 10 business days after receiving a
    HB2335 Enrolled       - 160 - LRB104 09655 LNS 19721 b

1 certified person's request for documentation of eligibility

2 for those services, the Northern Illinois Transit Authority

3 or, until December 31, 2029, the Suburban Bus Board shall

4 provide the person with documentation of the person's

5 certification of eligibility for those services.

6   (b) If a person provides the Suburban Bus Board with

7 documentation of the person's certification of eligibility to

8 receive complementary paratransit services under 49 CFR Part

9 37, Subpart F, then the Suburban Bus Board shall provide those

10 services to the person within one business day after receiving

11 the documentation.

12  (c) The procedures used by the Northern Illinois Transit

13 Authority or, until December 31, 2029, the Suburban Bus Board

14 to document a person's certification of eligibility for

15 complementary paratransit services under 49 CFR Part 37,

16 Subpart F shall not require the disclosure or recording of any

17 specific information about an individual's disability.

18 (Source: P.A. 104-457, eff. 6-1-26.)

19  (70 ILCS 3615/3A.18)

20  Sec. 3A.18. Employment contracts. Except as otherwise

21 provided in Section 3A.14, before the Suburban Bus Board may

22 enter into or amend any employment contract in excess of

23 $200,000 $100,000, the Suburban Bus Board must submit that

24 contract or amendment to the Board for review for a period of

25 14 days. After 14 days, the contract shall be considered
    HB2335 Enrolled         - 161 - LRB104 09655 LNS 19721 b

1 reviewed. This Section applies only to contracts entered into
2 or amended on or after the effective date of this amendatory
3 Act of the 98th General Assembly.
4 (Source: P.A. 98-1027, eff. 1-1-15.)

5   (70 ILCS 3615/3B.02.5)

6   (This Section may contain text from a Public Act with a

7 delayed effective date)

8   Sec. 3B.02.5. Commuter Rail Board.

9   (a) The governing body of the Commuter Rail Division shall

10 be the Commuter Rail Board. Beginning September 1, 2026, the

11 Commuter Rail Board shall consist of 11 directors appointed as

12 follows:

13  (1) One director appointed by the Governor, with the

14  advice and consent of the Senate. The director appointed

15  under this paragraph shall have an initial term of 5

16  years. The director appointed under this paragraph shall

17  also serve as a Director of the Northern Illinois Transit

18  Authority.

19  (2) Two directors appointed by the Mayor of Chicago

20  with the advice and consent of the City Council of the City

21  of Chicago, including:

22           (A) a director with an initial term of 3 years who

23  shall also serve as a Director on the Board of the

24  Authority; and

25           (B) a director with an initial term of 5 years.
    HB2335 Enrolled  - 162 - LRB104 09655 LNS 19721 b

1   (3) Three directors appointed by the President of the

2   Cook County Board of Commissioners with the advice and

3   consent of the Cook County Board of Commissioners,

4   including:

5   (A) a director with an initial term of 3 years who

6   shall also serve as a Director on the Board of the

7   Authority;

8   (B) a director with an initial term of 5 years who

9   shall also serve as a Director on the Board of the

10  Authority; and

11  (C) a director with an initial term of 3 years.

12  (4) One director appointed by the Chairman of the

13  DuPage County Board. The director appointed under this

14  paragraph shall have an initial term of 5 years.

15  (5) One director appointed by the Chairman of the Kane

16  County Board. The director appointed under this paragraph

17  shall have an initial term of 3 years.

18  (6) One director appointed by the Chairman of the Lake

19  County Board. The director appointed under this paragraph

20  shall have an initial term of 3 years. The director

21  appointed under this paragraph shall also serve as a

22  Director on the Board of the Authority.

23  (7) One director appointed by the Chairman of the

24  McHenry County Board. The director appointed under this

25  paragraph shall have an initial term of 5 years. The

26  director appointed under this paragraph shall also serve
    HB2335 Enrolled    - 163 - LRB104 09655 LNS 19721 b

1   as a Director on the Board of the Authority.

2   (8) One director appointed by the County Executive of

3   Will County. The director appointed under this paragraph

4   shall reside in Will County. The director appointed under

5   this paragraph shall have an initial term of 5 3 years.

6   (b) The subsequent terms of each director appointed under

7 subsection (a) shall be 5 years.

8   (c) The Chair of the Commuter Rail Board shall be elected

9 by a majority vote by the directors of the Commuter Rail Board

10 from among the directors of the Commuter Rail Board. Until

11 September 1, 2030, the Chair of the Commuter Rail Board must be

12 approved by the Senate. Until September 1, 2030, if the

13 directors of the Commuter Rail Board elect a Chair of the

14 Commuter Rail Board, then the elected Chair of the Commuter

15 Rail Board may serve as a the acting Chair of the Commuter Rail

16 Board until confirmation. Until September 1, 2030, if the

17 Senate votes against confirming the acting Chair of the

18 Commuter Rail Board, then the acting Chair of the Commuter

19 Rail Board must resign and the directors of the Commuter Rail

20 Board must elect a new Chair of the Commuter Rail Board.

21  (d) Initial appointments of directors under subsection (a)

22 must be made in time for the directors to begin their terms on

23 September 1, 2026.

24  (e) On September 1, 2026, the terms of all directors

25 serving on the effective date of this amendatory Act of the

26 104th General Assembly and of any directors appointed to fill
    HB2335 Enrolled  - 164 - LRB104 09655 LNS 19721 b

1 a vacancy shall immediately expire. If a vacancy on the Board

2 occurs before September 1, 2026, then the vacancy shall be

3 filled under Section 3B.03. Directors serving on the effective

4 date of this amendatory Act of the 104th General Assembly may

5 be reappointed under subsection (a).

6   (f) Directors shall have diverse and substantial relevant

7 experience and expertise for overseeing the planning,

8 operation, and funding of a regional transportation system,

9 including, but not limited to, backgrounds in urban and

10 regional planning, management of large capital projects, labor

11 and workforce development, business management, public

12 administration, transportation, and community organizations.

13 Except as otherwise provided by this Act, no Director shall,

14 while serving as such, be an officer, a member of the Board of

15 Directors or Trustees, an employee of any other Service Board

16 or Transportation Agency, or an employee of the State, any

17 department or agency of the State thereof, or any

18 municipality, county, or other unit of local government or

19 receive any compensation from any elected or appointed office

20 under the Constitution and laws of Illinois; except that a

21 Director may be a member of a school board or a member of the

22 National Guard.

23  (g) Those responsible for appointing directors shall

24 strive to assemble a set of directors that, to the greatest

25 extent possible, reflects the ethnic, cultural, economic,

26 racial, and geographic diversity of the metropolitan region.
    HB2335 Enrolled         - 165 - LRB104 09655 LNS 19721 b

1 (Source: P.A. 104-457, eff. 6-1-26.)

2   (70 ILCS 3615/3B.06) (from Ch. 111 2/3, par. 703B.06)

3   Sec. 3B.06. Compensation. Directors of the Commuter Rail

4 Board shall receive an annual salary of $15,000, except that

5 members of the Commuter Rail Board that are also members of the

6 Board of the Northern Illinois Transit Authority shall receive

7 $10,000 $5,000 per year in addition to the compensation the

8 member receives for serving on the Board of the Northern

9 Illinois Transit Authority. Each member shall be reimbursed

10 for actual expenses incurred in the performance of his duties.

11  Officers of the Division shall not be required to comply

12 with the requirements of "An Act requiring certain custodians

13 of public monies to file and publish statements of the

14 receipts and disbursements thereof", approved June 24, 1919,

15 as now or hereafter amended.

16 (Source: P.A. 104-457, eff. 6-1-26.)

17  (70 ILCS 3615/3B.10.5)

18  (This Section may contain text from a Public Act with a

19 delayed effective date)

20  Sec. 3B.10.5. Budget and program. The Commuter Rail Board,

21 subject to the powers of the Authority, including the budget

22 review powers contained in Section 4.01 of the Northern

23 Illinois Transit Authority Act, shall by ordinance appropriate

24 money to perform the Division's purposes and provide for
HB2335 Enrolled  - 166 - LRB104 09655 LNS 19721 b

 1 payment of debts and expenses of the Division. Each year, as
 2 part of the process set forth in Section 4.11, the Authority
 3 shall prepare and publish a comprehensive annual budget and
 4 proposed 5-year Capital Program document, and a financial plan
 5 for the 2 years thereafter describing the state of the
 6 Division and presenting for the forthcoming fiscal year and
 7 the 2 following years the Division's plans for such operations
 8 and capital expenditures as it intends to undertake and the
 9 means by which it intends to finance them. The proposed
10 budget, financial plan, and 5-year Capital Program shall be
11 based on the Authority's estimate of funds to be made
12 available to the Commuter Rail Board by or through the
13 Authority and shall conform in all respects to the
14 requirements established by the Authority. The proposed
15 budget, financial plan, and 5-year Capital Program shall
16 contain a statement of the funds estimated to be on hand at the
17 beginning of the fiscal year, the funds estimated to be
18 received from all sources for such year and the funds
19 estimated to be on hand at the end of such year. The fiscal
20 year of the Division shall be the same as the fiscal year of
21 the Authority. The proposed budget, financial plan, and 5-year
22 Capital Program shall be included in the Authority's public
23 hearings under Section 4.01 4.11. The budget, financial plan,
24 and 5-year Capital Program shall then be finalized by the
25 Authority as provided in Section 4.01 4.11. The ordinance
26 adopted by the Authority as provided in Section 4.01 4.11
    HB2335 Enrolled       - 167 - LRB104 09655 LNS 19721 b

 1 shall appropriate such sums of money as are deemed necessary
 2 to defray all necessary expenses and obligations of the
 3 Division, specifying purposes and the objects or programs for
 4 which appropriations are made and the amount appropriated for
 5 each object or program. Additional appropriations, transfers
 6 between items and other changes in such ordinance which do not
 7 alter the basis upon which the balanced budget determination
 8 was made by the Board of the Authority may be made from time to
 9 time by the Commuter Rail Board. The Commuter Rail Board shall
10 not (i) use any funds in its budget, or in reserves, allocated
11 for operational expenses to fund capital projects or (ii)
12 transfer moneys from any funds in its budget, or in reserves,
13 allocated for operational expenses to an account primarily
14 used to fund capital projects.
15 (Source: P.A. 104-457, eff. 6-1-26.)

16  (70 ILCS 3615/3B.26)

17  Sec. 3B.26. Employment contracts. Except as otherwise

18 provided in Section 3B.13, before the Commuter Rail Board may

19 enter into or amend any employment contract in excess of

20 $200,000 $100,000, the Commuter Rail Board must submit that

21 contract or amendment to the Board for review for a period of

22 14 days. After 14 days, the contract shall be considered

23 reviewed. This Section applies only to contracts entered into

24 or amended on or after the effective date of this amendatory

25 Act of the 98th General Assembly.
    HB2335 Enrolled      - 168 - LRB104 09655 LNS 19721 b

1   Before the Board of the Authority may enter into or amend

2 any employment contract in excess of $100,000, the Board must

3 submit that contract to the Chairman and Minority Spokesman of

4 the Transportation Regulations Roads and Bridges Committee, or

5 its successor committee, of the House of Representatives, and

6 to the Chairman and Minority Spokesman of the Transportation

7 Committee, or its successor committee, of the Senate.

8 (Source: P.A. 104-457, eff. 6-1-26.)

9   (70 ILCS 3615/4.01)

10  Sec. 4.01. Budget and program.

11  (a) The Board shall control the finances of the Authority.

12 It shall, by ordinance adopted by a supermajority vote:

13  (1) appropriate money to perform the Authority's

14  purposes and provide for payment of debts and expenses of

15  the Authority;

16  (2) until the new budget process under subsection

17  (a-20) is implemented on January 1, 2027, take action with

18  respect to the budget and 2-year financial plan of each

19  Service Board, as provided in Section 4.11; and

20  (3) until the new budget process under subsection

21  (a-20) is implemented on January 1, 2027, adopt an Annual

22  Budget and 2-Year Financial Plan for the Authority that

23  includes the Annual Budget and 2-Year financial plan of

24  each Service Board that has been approved by the

25  Authority.
    HB2335 Enrolled  - 169 - LRB104 09655 LNS 19721 b

1   (a-5) The Annual Budget and 2-Year Financial Plan shall

2 contain a statement of the funds estimated to be on hand for

3 the Authority and each Service Board at the beginning of the

4 fiscal year, the funds estimated to be received from all

5 sources for such year, the estimated expenses and obligations

6 of the Authority and each Service Board for all purposes,

7 including expenses for contributions to be made with respect

8 to pension and other employee benefits, and the funds

9 estimated to be on hand at the end of such year.

10  (a-10) The fiscal year of the Authority and each Service

11 Board shall begin on January 1st and end on the succeeding

12 December 31st.

13  (a-15) Until January 1, 2027, the Annual Budget and 2-Year

14 Financial Plan shall be prepared as follows:

15  (1) By July 1st of each year the Director of the

16  Illinois Governor's Office of Management and Budget shall

17  submit to the Authority an estimate of revenues for the

18  next fiscal year of the Authority to be collected from the

19  taxes imposed by the Authority and the amounts to be

20  available in the Public Transportation Fund and the

21  Northern Illinois Transit Authority Occupation and Use Tax

22  Replacement Fund and the amounts otherwise to be

23  appropriated by the State to the Authority for its

24  purposes. Before a proposed Annual Budget and 2-Year

25  Financial Plan is adopted, the Authority shall hold at

26  least one public hearing in the metropolitan region and
    HB2335 Enrolled  - 170 - LRB104 09655 LNS 19721 b

1   meet with the county board, or its designee, of each of the

2   counties in the metropolitan region. After an Annual

3   Budget and 2-Year Financial Plan is adopted, the Authority

4   shall file a copy of the Annual Budget and 2-Year

5   Financial Plan with the General Assembly and the Governor.

6   (2) After conducting the hearings and holding the

7   meetings required under this subsection and after making

8   the changes in the proposed Annual Budget and 2-Year

9   Financial Plan that the Authority deems appropriate, the

10  Board shall adopt its annual appropriation and Annual

11  Budget and 2-Year Financial Plan ordinance before December

12  31 November 30. The ordinance may be adopted by the Board

13  only upon a supermajority vote. The ordinance shall

14  appropriate the sums of money as are deemed necessary to

15  defray all necessary expenses and obligations of the

16  Authority and the Service Boards, specifying the purposes

17  and the objects or programs for which appropriations are

18  made and the amount appropriated for each object or

19  program. Additional appropriations, transfers between

20  items and other changes in the ordinance may be made from

21  time to time by the Board upon a supermajority vote.

22  (a-20) Beginning January 1, 2027, the Annual Budget and

23 2-Year Financial Plan shall be prepared as follows:

24  (1) By July 1 of each year the Director of the Illinois

25  Governor's Office of Management and Budget shall submit to

26  the Authority an estimate of revenues for the next fiscal
    HB2335 Enrolled  - 171 - LRB104 09655 LNS 19721 b

1   year of the Authority to be collected from the taxes

2   imposed by the Authority and the amounts to be available

3   in the Public Transportation Fund and the Northern

4   Illinois Transit Authority Occupation and Use Tax

5   Replacement Fund and the amounts otherwise to be

6   appropriated by the State to the Authority for its

7   purposes. Before the Board may adopt its annual

8   appropriation and Annual Budget and 2-Year Financial Plan

9   ordinance, based on the information provided by the

10  Director of the Illinois Governor's Office of Management

11  and Budget and the estimates of amounts to be available

12  from the State and other sources to the Service Boards,

13  the Board shall advise each Service Board on the amounts

14  estimated to be available for the Service Board during the

15  upcoming fiscal year and the 2 following fiscal years and

16  the times at which the amounts shall be available.

17  (2) Before the Board may adopt its annual

18  appropriation and Annual Budget and 2-Year Financial Plan

19  ordinance, the Board shall provide the Service Boards with

20  a proposed Annual Budget and 2-Year Financial Plan. At the

21  same time that it provides a copy of the proposed Annual

22  Budget and 2-Year Financial Plan to the Service Boards,

23  the Board shall make the proposed Annual Budget and 2-Year

24  Financial Plan budget available to the public on its

25  website. The Authority shall hold at least 3 public

26  hearings on the proposed Annual Budget and 2-Year
    HB2335 Enrolled  - 172 - LRB104 09655 LNS 19721 b

1   Financial Plan in Cook County and at least one public

2   hearing in each of the other counties in the metropolitan

3   region. In addition, the Authority shall meet with the

4   county board, or its designee, of each of the counties in

5   the metropolitan region.

6   (3) Before the Board adopts the Authority's annual

7   appropriation and Annual Budget and 2-Year Financial Plan

8   ordinance, the Service Boards shall review the proposed

9   Annual Budget and 2-Year Financial Plan and shall adopt,

10  by the affirmative vote of a majority of each Service

11  Board's then Directors, a budget recommendation ordinance

12  describing any modifications to the Board's proposed

13  Annual Budget and 2-Year Financial Plan that are deemed

14  necessary by the Service Boards to provide the service

15  described in the regionwide Service Plan adopted by the

16  Authority.

17  (4) After conducting the hearings and holding the

18  meetings required under this subsection and after making

19  the changes in the proposed Annual Budget and 2-Year

20  Financial Plan as the Authority deems appropriate, the

21  Authority shall adopt its annual appropriation and Annual

22  Budget and 2-Year Financial Plan ordinance. The ordinance

23  may be adopted only upon a supermajority vote. The

24  ordinance shall appropriate such sums of money as are

25  deemed necessary to defray all necessary expenses and

26  obligations of the Authority and the Service Boards,
    HB2335 Enrolled      - 173 - LRB104 09655 LNS 19721 b

1   specifying purposes and the objects or programs for which

2   appropriations are made and the amount appropriated for

3   each object or program. Additional appropriations,

4   transfers between items and other changes in such

5   ordinance may be made from time to time by the Board upon a

6   supermajority vote.

7   (b) The Annual Budget and 2-Year Financial Plan shall show

8 a balance between anticipated revenues from all sources and

9 anticipated expenses including funding of operating deficits

10 or the discharge of encumbrances incurred in prior periods and

11 payment of principal and interest when due, and shall show

12 cash balances sufficient to pay with reasonable promptness all

13 obligations and expenses as incurred.

14  (b-3) The Authority shall file a copy of its Annual Budget

15 and 2-Year Financial Plan with the General Assembly and the

16 Governor after its adoption. , and 2026, and 2026

17  The Authority shall file a statement certifying that the

18 Service Boards published the data described in subsection

19 (b-5) with the General Assembly and the Governor after

20 adoption of the Annual Budget and 2-Year Financial Plan

21 required by subsection (a). If the Authority fails to file a

22 statement certifying publication of the data, then the

23 appropriations to the Department of Transportation for grants

24 to the Authority intended to reimburse the Service Boards for

25 providing free and reduced fares shall be withheld.

26  (b-5) Each fiscal year, the Service Boards must publish a
    HB2335 Enrolled            - 174 - LRB104 09655 LNS 19721 b

1 monthly comprehensive set of data regarding transit service

2 and safety. The data included shall include information to

3 track operations including:

4        (1) staffing levels, including numbers of budgeted

5   positions, current positions employed, hired staff,

6   attrition, staff in training, and absenteeism rates;

7        (2) scheduled service and delivered service, including

8   percentage of scheduled service delivered by day, service

9   by mode of transportation, service by route and rail line,

10  total number of revenue miles driven, excess wait times by

11  day, by mode of transportation, by bus route, and by stop;

12  and

13       (3) safety on the system, including the number of

14  incidents of crime and code of conduct violations on

15  system, any performance measures used to evaluate the

16  effectiveness of investments in private security, safety

17  equipment, and other security investments in the system.

18  If no performance measures exist to evaluate the

19  effectiveness of these safety investments, the Service

20  Boards and Authority shall develop and publish these

21  performance measures.

22  The Authority and Service Boards shall solicit input and

23 ideas on publishing data on the service reliability,

24 operations, and safety of the system from the public and

25 groups representing transit riders, workers, and businesses.

26  (c) The actual administrative expenses of the Authority
    HB2335 Enrolled  - 175 - LRB104 09655 LNS 19721 b

1 for the fiscal year commencing January 1, 1985 may not exceed

2 $5,000,000. The actual administrative expenses of the

3 Authority for the fiscal year commencing January 1, 1986, and

4 for each fiscal year thereafter shall not exceed the maximum

5 administrative expenses for the previous fiscal year plus 5%,

6 except that this limitation shall not apply to fiscal years

7 beginning on January 1, 2026, and ending on or before December

8 31, 2027. "Administrative expenses" are defined for purposes

9 of this Section as all expenses except: (1) capital expenses

10 and purchases of the Authority on behalf of the Service

11 Boards; (2) payments to Service Boards; and (3) payment of

12 principal and interest on bonds, notes or other evidence of

13 obligation for borrowed money issued by the Authority; (4)

14 costs for passenger security including grants, contracts,

15 personnel, equipment and administrative expenses; (5) payments

16 with respect to public transportation facilities made pursuant

17 to subsection (b) of Section 2.20 of this Act; and (6) any

18 payments with respect to rate protection contracts, credit

19 enhancements or liquidity agreements made pursuant to Section

20 4.14.

21  (d) This subsection becomes inoperative on January 1,

22 2027. This subsection applies only until the Department begins

23 administering and enforcing an increased tax under Section

24 4.03(m) as authorized by this amendatory Act of the 95th

25 General Assembly. After withholding 15% of the proceeds of any

26 tax imposed by the Authority and 15% of money received by the
    HB2335 Enrolled  - 176 - LRB104 09655 LNS 19721 b

1 Authority from the Northern Illinois Transit Authority

2 Occupation and Use Tax Replacement Fund, the Board shall

3 allocate the proceeds and money remaining to the Service

4 Boards as follows: (1) an amount equal to 85% of the proceeds

5 of those taxes collected within the City of Chicago and 85% of

6 the money received by the Authority on account of transfers to

7 the Northern Illinois Transit Authority Occupation and Use Tax

8 Replacement Fund from the County and Mass Transit District

9 Fund attributable to retail sales within the City of Chicago

10 shall be allocated to the Chicago Transit Authority; (2) an

11 amount equal to 85% of the proceeds of those taxes collected

12 within Cook County outside the City of Chicago and 85% of the

13 money received by the Authority on account of transfers to the

14 Northern Illinois Transit Authority Occupation and Use Tax

15 Replacement Fund from the County and Mass Transit District

16 Fund attributable to retail sales within Cook County outside

17 of the city of Chicago shall be allocated 30% to the Chicago

18 Transit Authority, 55% to the Commuter Rail Board and 15% to

19 the Suburban Bus Board; and (3) an amount equal to 85% of the

20 proceeds of the taxes collected within the Counties of DuPage,

21 Kane, Lake, McHenry and Will shall be allocated 70% to the

22 Commuter Rail Board and 30% to the Suburban Bus Board.

23  (e) This subsection becomes inoperative on January 1,

24 2027. This subsection applies only until the Department begins

25 administering and enforcing an increased tax under Section

26 4.03(m) as authorized by this amendatory Act of the 95th
    HB2335 Enrolled  - 177 - LRB104 09655 LNS 19721 b

1 General Assembly. Moneys received by the Authority on account

2 of transfers to the Northern Illinois Transit Authority

3 Occupation and Use Tax Replacement Fund from the State and

4 Local Sales Tax Reform Fund shall be allocated among the

5 Authority and the Service Boards as follows: 15% of such

6 moneys shall be retained by the Authority and the remaining

7 85% shall be transferred to the Service Boards as soon as may

8 be practicable after the Authority receives payment. Moneys

9 which are distributable to the Service Boards pursuant to the

10 preceding sentence shall be allocated among the Service Boards

11 on the basis of each Service Board's distribution ratio. The

12 term "distribution ratio" means, for purposes of this

13 subsection (e) of this Section 4.01, the ratio of the total

14 amount distributed to a Service Board pursuant to subsection

15 (d) of Section 4.01 for the immediately preceding calendar

16 year to the total amount distributed to all of the Service

17 Boards pursuant to subsection (d) of Section 4.01 for the

18 immediately preceding calendar year.

19  (f) To carry out its duties and responsibilities under

20 this Act, the Board shall employ staff which shall:

21  (1) propose for adoption by the Board of the Authority

22  rules for the Service Boards that establish (i) forms and

23  schedules to be used and information required to be

24  provided with respect to a 5-Year Capital Program, an

25  Annual Budget and 2-Year Financial Plan, and each Service

26  Board's annual budget and 2-year financial plan, and
    HB2335 Enrolled        - 178 - LRB104 09655 LNS 19721 b

1   regular reporting of actual results against adopted

2   budgets and financial plans, (ii) financial practices to

3   be followed in the budgeting and expenditure of public

4   funds, (iii) assumptions and projections that must be

5   followed in preparing and submitting its Annual Budget and

6   2-Year Financial Plan or a 5-Year Capital Program;

7   (2) evaluate for the Board public transportation

8   programs operated or proposed by the Service Boards and

9   Transportation Agencies in terms of the goals and

10  objectives set out in the Strategic Plan;

11  (3) keep the Board and the public informed of the

12  extent to which the Service Boards and Transportation

13  Agencies are meeting the goals and objectives adopted by

14  the Authority in the Strategic Plan; and

15  (4) assess the efficiency or adequacy of public

16  transportation services provided by a Service Board and

17  make recommendations for change in that service to the end

18  that the moneys available to the Authority may be expended

19  in the most economical manner possible with the least

20  possible duplication.

21  (g) All Service Boards, Transportation Agencies,

22 comprehensive planning agencies, including the Chicago

23 Metropolitan Agency for Planning, or transportation planning

24 agencies in the metropolitan region shall furnish to the

25 Authority such information pertaining to public transportation

26 or relevant for plans therefor as it may from time to time
    HB2335 Enrolled        - 179 - LRB104 09655 LNS 19721 b

1 require. The Executive Director, or his or her designee,

2 shall, for the purpose of securing any such information

3 necessary or appropriate to carry out any of the powers and

4 responsibilities of the Authority under this Act, have access

5 to, and the right to examine, all books, documents, papers or

6 records of a Service Board or any Transportation Agency

7 receiving funds from the Authority or Service Board, and such

8 Service Board or Transportation Agency shall comply with any

9 request by the Executive Director, or his or her designee,

10 within 30 days or an extended time provided by the Executive

11 Director.

12  (h) No Service Board shall undertake any capital

13 improvement which is not identified in the 5-Year Capital

14 Program.

15  (i) Each Service Board shall furnish to the Board access

16 to its financial information including, but not limited to,

17 audits and reports. The Board shall have real-time access to

18 the financial information of the Service Boards; however, the

19 Board shall be granted read-only access to the Service Board's

20 financial information.

21  (j) Notwithstanding any other provision of this Section,

22 the Authority shall, through the implementation of service

23 efficiencies, realize $46,900,000 in the following net savings

24 in its annual budget for the fiscal year that begins on January

25 1, 2027 across the following categories of savings October 1,

26 2026: (i) $10 million in service-delivery savings; (ii) $20.1
    HB2335 Enrolled        - 180 - LRB104 09655 LNS 19721 b

1 million in savings from labor optimization, including changes
2 in employee headcounts and position types; and (iii) $16.8
3 million in real estate and other property-related savings.
4 (Source: P.A. 103-281, eff. 1-1-24; 104-434, eff. 11-21-25;
5 104-457, eff. 6-1-26; revised 1-7-26.)

6   (70 ILCS 3615/4.01b)

7   (This Section may contain text from a Public Act with a

8 delayed effective date)

9   Sec. 4.01b. System generated revenue recovery ratios.

10  (a) As used in this Section:

11  "Costs" includes all items properly included as operating

12 costs consistent with generally accepted accounting principles

13 incurred by the Authority and its Service Boards. "Costs" does

14 not include costs related to providing ADA paratransit

15 service.

16  "System generated revenue" includes passenger fares and

17 ancillary revenue from sources such as the lease of space,

18 advertising, and investment income.

19  (b) The Authority shall determine the ratio of system

20 generated revenues for public transportation in the

21 metropolitan region compared to the aggregate of all costs of

22 providing public transportation.

23  (c) Until January 1, 2029, the Authority shall report its

24 system generated revenue recovery ratio as part of the

25 Authority's Annual Budget and 2-Year Financial Plan.
    HB2335 Enrolled  - 181 - LRB104 09655 LNS 19721 b

1   (1) The Annual Budget and 2-Year Financial Plan must

2   show that the system generated revenue received in each

3   fiscal year shall equal at least 25% of the costs of

4   providing public transportation in that fiscal year. The

5   Annual Budget and 2-Year Financial Plan must show that the

6   level of fares charged and received in each fiscal year

7   shall equal at least 5% of the aggregate of costs of

8   providing ADA paratransit services.

9   (2) The Authority shall file a statement certifying

10  that the Service Boards published the data described in

11  this Section with the General Assembly and the Governor

12  after adoption of the Annual Budget and 2-Year Financial

13  Plan. If the Authority fails to file a statement

14  certifying the system generated revenue recovery ratio as

15  required in this Section, then the appropriations to the

16  Department of Transportation for grants to the Authority

17  intended to reimburse the Service Boards for providing

18  free and reduced fares shall be withheld.

19  (3) If the system generated revenues are less than 25%

20  of said costs, then the Board shall remit an amount equal

21  to the amount of the deficit to the State. The Treasurer

22  shall deposit any payment made under this paragraph in the

23  Road Fund. However, due to the ongoing fiscal impact of

24  the COVID-19 pandemic this requirement shall not apply to

25  Fiscal Year 2026 or Fiscal Year 2027.

26  (d) Beginning January 1, 2029, the Authority shall report
    HB2335 Enrolled      - 182 - LRB104 09655 LNS 19721 b

1 its system generated revenue recovery ratio within 6 months of

2 the end of each fiscal year. If the Authority's system

3 generated revenue recovery ratio falls below 20% for 2

4 consecutive years, then the Board of Directors shall:

5   (1) report this fact to the General Assembly and the

6   Governor and provide a summary of fare adjustments made

7   under Section 2.04;

8   (2) consider whether additional fare adjustments or

9   other changes are necessary to increase system generated

10  revenue, reduce costs, or both.

11  (e) Nothing in this Section shall diminish or impair the

12 rights of any employee employed by the Authority or any

13 Service Board or any organization of employees representing

14 employees of the Authority or any Service Board.

15  (f) The Authority shall separately calculate a system

16 generated revenue recovery ratio for ADA paratransit service.

17 The Authority shall report this ratio in its annual

18 certification under subsection (d) Section 2.02 and shall take

19 the actions required under subsection (c) of this Section if

20 the ADA paratransit service system generated recovery ratio

21 falls below 5% for 2 consecutive years.

22  (g) The Authority shall document the system generated

23 recovery ratio in the Authority's Annual Budget and 2-Year

24 Financial Plan.

25  (h) Upon the request of the House of Representatives or

26 the Senate, the Chair of the Board of the Authority, the chair
    HB2335 Enrolled    - 183 - LRB104 09655 LNS 19721 b

1 of the board of a Service Board, or any other employee of the
2 Authority or Service Board requested by the House of
3 Representatives or Senate shall attend a hearing before the
4 House of Representatives or Senate regarding the reported
5 system generated revenue recovery ratios.
6 (Source: P.A. 104-457, eff. 6-1-26.)

7   (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)

8   Sec. 4.03. Taxes.

9   (a) Except as provided in subsection (m), in order to

10 carry out any of the powers or purposes of the Authority, the

11 Board may, by ordinance approved by a supermajority vote,

12 impose throughout the metropolitan region any or all of the

13 taxes provided in this Section. Except as otherwise provided

14 in this Act, taxes imposed under this Section and civil

15 penalties imposed incident thereto shall be collected and

16 enforced by the Department of Revenue. The Department shall

17 have the power to administer and enforce the taxes and to

18 determine all rights for refunds for erroneous payments of the

19 taxes. Nothing in Public Act 95-708 is intended to invalidate

20 any taxes currently imposed by the Authority. The increased

21 vote requirements to impose a tax shall only apply to actions

22 taken after January 1, 2008 (the effective date of Public Act

23 95-708).

24  (b) The Board may impose a public transportation tax upon

25 all persons engaged in the metropolitan region in the business
    HB2335 Enrolled     - 184 - LRB104 09655 LNS 19721 b

1 of selling at retail motor fuel for operation of motor

2 vehicles upon public highways. The tax shall be at a rate not

3 to exceed 5% of the gross receipts from the sales of motor fuel

4 in the course of the business. As used in this Act, the term

5 "motor fuel" shall have the same meaning as in the Motor Fuel

6 Tax Law. The Board may provide for details of the tax. The

7 provisions of any tax shall conform, as closely as may be

8 practicable, to the provisions of the Municipal Retailers

9 Occupation Tax Act, including, without limitation, conformity

10 to penalties with respect to the tax imposed and as to the

11 powers of the Department of Revenue to promulgate and enforce

12 rules and regulations relating to the administration and

13 enforcement of the provisions of the tax imposed, except that

14 reference in the Act to any municipality shall refer to the

15 Authority and the tax shall be imposed only with regard to

16 receipts from sales of motor fuel in the metropolitan region,

17 at rates as limited by this Section.

18  (c) In connection with the tax imposed under paragraph (b)

19 of this Section, the Board may impose a tax upon the privilege

20 of using in the metropolitan region motor fuel for the

21 operation of a motor vehicle upon public highways, the tax to

22 be at a rate not in excess of the rate of tax imposed under

23 paragraph (b) of this Section. The Board may provide for

24 details of the tax.

25  (d) The Board may impose a motor vehicle parking tax upon

26 the privilege of parking motor vehicles at off-street parking
    HB2335 Enrolled  - 185 - LRB104 09655 LNS 19721 b

1 facilities in the metropolitan region at which a fee is

2 charged, and may provide for reasonable classifications in and

3 exemptions to the tax, for administration and enforcement

4 thereof and for civil penalties and refunds thereunder and may

5 provide criminal penalties thereunder, the maximum penalties

6 not to exceed the maximum criminal penalties provided in the

7 Retailers' Occupation Tax Act. The Authority may collect and

8 enforce the tax itself or by contract with any unit of local

9 government. The Department of Revenue shall have no

10 responsibility for the collection and enforcement unless the

11 Department agrees with the Authority to undertake the

12 collection and enforcement. As used in this paragraph, the

13 term "parking facility" means a parking area or structure

14 having parking spaces for more than 2 vehicles at which motor

15 vehicles are permitted to park in return for an hourly, daily,

16 or other periodic fee, whether publicly or privately owned,

17 but does not include parking spaces on a public street, the use

18 of which is regulated by parking meters.

19  (e) The Board may impose a Northern Illinois Transit

20 Authority Retailers' Occupation Tax upon all persons engaged

21 in the business of selling tangible personal property at

22 retail in the metropolitan region. In Cook County, unless the

23 tax rate is increased by the Board by ordinance, as provided in

24 this Section, the tax rate shall be 1.25% of the gross receipts

25 from sales of food for human consumption that is to be consumed

26 off the premises where it is sold (other than alcoholic
HB2335 Enrolled  - 186 - LRB104 09655 LNS 19721 b

 1 beverages, food consisting of or infused with adult use
 2 cannabis, soft drinks, candy, and food that has been prepared
 3 for immediate consumption) and tangible personal property
 4 taxed at the 1% rate under the Retailers' Occupation Tax Act,
 5 and 1% of the gross receipts from other taxable sales made in
 6 the course of that business. In Cook County, on and after the
 7 effective date of this amendatory Act of the 104th General
 8 Assembly, the Board may, by ordinance, increase the tax rate
 9 to not more than 1.5% of the gross receipts from sales of food
10 for human consumption that is to be consumed off the premises
11 where it is sold (other than alcoholic beverages, food
12 consisting of or infused with adult use cannabis, soft drinks,
13 candy, and food that has been prepared for immediate
14 consumption) and tangible personal property taxed at the 1%
15 rate under the Retailers' Occupation Tax Act, and 1.25% of the
16 gross receipts from other taxable sales made in the course of
17 that business. The Board shall take such a vote on whether to
18 increase the tax rate no later than 60 days after the effective
19 date of this Act. In DuPage, Kane, Lake, McHenry, and Will
20 counties, unless the tax rate is increased by the Board by an
21 ordinance as approved by this Section, the tax rate shall be
22 0.75% of the gross receipts from all taxable sales made in the
23 course of that business, including sales of food for human
24 consumption that is to be consumed off the premises where it is
25 sold (other than alcoholic beverages, food consisting of or
26 infused with adult use cannabis, soft drinks, candy, and food
HB2335 Enrolled  - 187 - LRB104 09655 LNS 19721 b

 1 that has been prepared for immediate consumption). In DuPage,
 2 Kane, Lake, McHenry, and Will counties, on and after the
 3 effective date of this amendatory Act of the 104th General
 4 Assembly, the Board may, by ordinance, increase the tax rate
 5 to not more than 1% of the gross receipts from all taxable
 6 sales made in the course of that business, including sales of
 7 food for human consumption that is to be consumed off the
 8 premises where it is sold (other than alcoholic beverages,
 9 food consisting of or infused with adult use cannabis, soft
10 drinks, candy, and food that has been prepared for immediate
11 consumption). The rate of tax imposed in DuPage, Kane, Lake,
12 McHenry, and Will counties under this Section on sales of
13 aviation fuel on or after December 1, 2019 shall, however, be
14 0.25% unless the Authority in DuPage, Kane, Lake, McHenry, and
15 Will counties has an "airport-related purpose" and the
16 additional 0.50% of the 0.75% tax (or 0.75% of 1% tax if the
17 tax rate is increased by the Board to 1%) on aviation fuel is
18 expended for airport-related purposes. If there is no
19 airport-related purpose to which aviation fuel tax revenue is
20 dedicated, then aviation fuel is excluded from the additional
21 tax. The tax imposed under this Section and all civil
22 penalties that may be assessed as an incident thereof shall be
23 collected and enforced by the Department of Revenue. The
24 Department shall have full power to administer and enforce
25 this Section; to collect all taxes and penalties so collected
26 in the manner hereinafter provided; and to determine all
    HB2335 Enrolled   - 188 - LRB104 09655 LNS 19721 b

1 rights to credit memoranda arising on account of the erroneous

2 payment of tax or penalty hereunder. In the administration of,

3 and compliance with this Section, the Department and persons

4 who are subject to this Section shall have the same rights,

5 remedies, privileges, immunities, powers, and duties, and be

6 subject to the same conditions, restrictions, limitations,

7 penalties, exclusions, exemptions, and definitions of terms,

8 and employ the same modes of procedure, as are prescribed in

9 Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65

10 (in respect to all provisions therein other than the State

11 rate of tax and other than the exemption for food for human

12 consumption that is to be consumed off the premises where it is

13 sold (other than alcoholic beverages, food consisting of or

14 infused with adult use cannabis, soft drinks, candy, and food

15 that has been prepared for immediate consumption), which is

16 taxed at the rate as provided in this subsection), 2c, 3

17 (except as to the disposition of taxes and penalties

18 collected, and except that the retailer's discount is not

19 allowed for taxes paid on aviation fuel that are subject to the

20 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

21 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l,

22 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the

23 Retailers' Occupation Tax Act and Section 3-7 of the Uniform

24 Penalty and Interest Act, as fully as if those provisions were

25 set forth herein.

26  The Board and DuPage, Kane, Lake, McHenry, and Will
    HB2335 Enrolled  - 189 - LRB104 09655 LNS 19721 b

1 counties must comply with the certification requirements for

2 airport-related purposes under Section 2-22 of the Retailers'

3 Occupation Tax Act. For purposes of this Section,

4 "airport-related purposes" has the meaning ascribed in Section

5 6z-20.2 of the State Finance Act. This exclusion for aviation

6 fuel only applies for so long as the revenue use requirements

7 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

8 Authority.

9   Persons subject to any tax imposed under the authority

10 granted in this Section may reimburse themselves for their

11 seller's tax liability hereunder by separately stating the tax

12 as an additional charge, which charge may be stated in

13 combination in a single amount with State taxes that sellers

14 are required to collect under the Use Tax Act, under any

15 bracket schedules the Department may prescribe.

16  Whenever the Department determines that a refund should be

17 made under this Section to a claimant instead of issuing a

18 credit memorandum, the Department shall notify the State

19 Comptroller, who shall cause the warrant to be drawn for the

20 amount specified, and to the person named, in the notification

21 from the Department. The refund shall be paid by the State

22 Treasurer out of the Northern Illinois Transit Authority tax

23 fund established under paragraph (n) of this Section or the

24 Local Government Aviation Trust Fund, as appropriate.

25  If a tax is imposed under this subsection (e), a tax shall

26 also be imposed under subsections (f) and (g) of this Section.
    HB2335 Enrolled  - 190 - LRB104 09655 LNS 19721 b

1   For the purpose of determining whether a tax authorized

2 under this Section is applicable, a retail sale by a producer

3 of coal or other mineral mined in Illinois, is a sale at retail

4 at the place where the coal or other mineral mined in Illinois

5 is extracted from the earth. This paragraph does not apply to

6 coal or other mineral when it is delivered or shipped by the

7 seller to the purchaser at a point outside Illinois so that the

8 sale is exempt under the Federal Constitution as a sale in

9 interstate or foreign commerce.

10  No tax shall be imposed or collected under this subsection

11 on the sale of a motor vehicle in this State to a resident of

12 another state if that motor vehicle will not be titled in this

13 State.

14  Nothing in this Section shall be construed to authorize

15 the Authority to impose a tax upon the privilege of engaging in

16 any business that under the Constitution of the United States

17 may not be made the subject of taxation by this State.

18  (f) If a tax has been imposed under paragraph (e), a

19 Northern Illinois Transit Authority Service Occupation Tax

20 shall also be imposed upon all persons engaged in the

21 metropolitan region in the business of making sales of service

22 who, as an incident to making the sales of service, transfer

23 tangible personal property within the metropolitan region,

24 either in the form of tangible personal property or in the form

25 of real estate as an incident to a sale of service. In Cook

26 County, unless the tax rate is increased by the Board by
HB2335 Enrolled  - 191 - LRB104 09655 LNS 19721 b

 1 ordinance, as provided in this Section, the tax rate shall be:
 2 (1) 1.25% of the serviceman's cost price of food prepared for
 3 immediate consumption and transferred incident to a sale of
 4 service subject to the service occupation tax by an entity
 5 that is located in the metropolitan region and that is
 6 licensed under the Hospital Licensing Act, the Nursing Home
 7 Care Act, the Assisted Living and Shared Housing Act, the
 8 Specialized Mental Health Rehabilitation Act of 2013, the
 9 ID/DD Community Care Act, the MC/DD Act, or the Child Care Act
10 of 1969, or an entity that holds a permit issued pursuant to
11 the Life Care Facilities Act; (2) 1.25% of the selling price of
12 food for human consumption that is to be consumed off the
13 premises where it is sold (other than alcoholic beverages,
14 food consisting of or infused with adult use cannabis, soft
15 drinks, candy, and food that has been prepared for immediate
16 consumption) and tangible personal property taxed at the 1%
17 rate under the Service Occupation Tax Act; and (3) 1% of the
18 selling price from other taxable sales of tangible personal
19 property transferred. In Cook County, on and after the
20 effective date of this amendatory Act of the 104th General
21 Assembly, the Board may, by ordinance, increase the tax rate
22 to not more than: (1) 1.5% of the serviceman's cost price of
23 food prepared for immediate consumption and transferred
24 incident to a sale of service subject to the service
25 occupation tax by an entity that is located in the
26 metropolitan region and that is licensed under the Hospital
HB2335 Enrolled  - 192 - LRB104 09655 LNS 19721 b

 1 Licensing Act, the Nursing Home Care Act, the Assisted Living
 2 and Shared Housing Act, the Specialized Mental Health
 3 Rehabilitation Act of 2013, the ID/DD Community Care Act, the
 4 MC/DD Act, or the Child Care Act of 1969, or an entity that
 5 holds a permit issued pursuant to the Life Care Facilities
 6 Act; (2) 1.5% of the selling price of food for human
 7 consumption that is to be consumed off the premises where it is
 8 sold (other than alcoholic beverages, food consisting of or
 9 infused with adult use cannabis, soft drinks, candy, and food
10 that has been prepared for immediate consumption) and tangible
11 personal property taxed at the 1% rate under the Service
12 Occupation Tax Act; and (3) 1.25% of the selling price from
13 other taxable sales of tangible personal property transferred.
14 In DuPage, Kane, Lake, McHenry, and Will counties, before the
15 effective date of this amendatory Act of the 104th General
16 Assembly, the rate shall be (1) 0.75% of the selling price of
17 all tangible personal property transferred, including food for
18 human consumption that is to be consumed off the premises
19 where it is sold (other than alcoholic beverages, food
20 consisting of or infused with adult use cannabis, soft drinks,
21 candy, and food that has been prepared for immediate
22 consumption); and (2) 0.75% of the serviceman's cost price of
23 food prepared for immediate consumption and transferred
24 incident to a sale of service subject to the service
25 occupation tax by an entity that is located in the
26 metropolitan region and that is licensed under the Hospital
    HB2335 Enrolled  - 193 - LRB104 09655 LNS 19721 b

1 Licensing Act, the Nursing Home Care Act, the Assisted Living

2 and Shared Housing Act, the Specialized Mental Health

3 Rehabilitation Act of 2013, the ID/DD Community Care Act, or

4 the MC/DD Act, or the Child Care Act of 1969, or an entity that

5 holds a permit issued pursuant to the Life Care Facilities

6 Act. In DuPage, Kane, Lake, McHenry, and Will counties, on and

7 after the effective date of this amendatory Act of the 104th

8 General Assembly, the Board may, by ordinance, increase the

9 tax rate to not more than 1% of the selling price of all

10 tangible personal property transferred. The rate of tax

11 imposed in DuPage, Kane, Lake, McHenry, and Will counties

12 under this Section on sales of aviation fuel on or after

13 December 1, 2019 shall, however, be 0.25% unless the Authority

14 in DuPage, Kane, Lake, McHenry, and Will counties has an

15 "airport-related purpose" and the additional 0.50% of the

16 0.75% (or 0.75% of 1% tax if the tax rate is increased by the

17 Board to 1%) tax on aviation fuel is expended for

18 airport-related purposes. If there is no airport-related

19 purpose to which aviation fuel tax revenue is dedicated, then

20 aviation fuel is excluded from the additional tax.

21  The Board and DuPage, Kane, Lake, McHenry, and Will

22 counties must comply with the certification requirements for

23 airport-related purposes under Section 2-22 of the Retailers'

24 Occupation Tax Act. For purposes of this Section,

25 "airport-related purposes" has the meaning ascribed in Section

26 6z-20.2 of the State Finance Act. This exclusion for aviation
   HB2335 Enrolled  - 194 - LRB104 09655 LNS 19721 b

1 fuel only applies for so long as the revenue use requirements

2 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

3 Authority.

4  The tax imposed under this paragraph and all civil

5 penalties that may be assessed as an incident thereof shall be

6 collected and enforced by the Department of Revenue. The

7 Department shall have full power to administer and enforce

8 this paragraph; to collect all taxes and penalties due

9 hereunder; to dispose of taxes and penalties collected in the

10 manner hereinafter provided; and to determine all rights to

11 credit memoranda arising on account of the erroneous payment

12 of tax or penalty hereunder. In the administration of and

13 compliance with this paragraph, the Department and persons who

14 are subject to this paragraph shall have the same rights,

15 remedies, privileges, immunities, powers, and duties, and be

16 subject to the same conditions, restrictions, limitations,

17 penalties, exclusions, exemptions, and definitions of terms,

18 and employ the same modes of procedure, as are prescribed in

19 Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all

20 provisions therein other than (i) the State rate of tax; (ii)

21 the exemption for food for human consumption that is to be

22 consumed off the premises where it is sold (other than

23 alcoholic beverages, food consisting of or infused with adult

24 use cannabis, soft drinks, candy, and food that has been

25 prepared for immediate consumption), which is taxed at the

26 rate as provided in this subsection; and (iii) the exemption
    HB2335 Enrolled   - 195 - LRB104 09655 LNS 19721 b

1 for food prepared for immediate consumption and transferred

2 incident to a sale of service subject to the service

3 occupation tax by an entity that is licensed under the

4 Hospital Licensing Act, the Nursing Home Care Act, the

5 Assisted Living and Shared Housing Act, the Specialized Mental

6 Health Rehabilitation Act of 2013, the ID/DD Community Care

7 Act, or the MC/DD Act, or the Child Care Act of 1969, or an

8 entity that holds a permit issued pursuant to the Life Care

9 Facilities Act, which is taxed at the rate as provided in this

10 subsection), 4 (except that the reference to the State shall

11 be to the Authority), 5, 7, 8 (except that the jurisdiction to

12 which the tax shall be a debt to the extent indicated in that

13 Section 8 shall be the Authority), 9 (except as to the

14 disposition of taxes and penalties collected, and except that

15 the returned merchandise credit for this tax may not be taken

16 against any State tax, and except that the retailer's discount

17 is not allowed for taxes paid on aviation fuel that are subject

18 to the revenue use requirements of 49 U.S.C. 47107(b) and 49

19 U.S.C. 47133), 10, 11, 12 (except the reference therein to

20 Section 2b of the Retailers' Occupation Tax Act), 13 (except

21 that any reference to the State shall mean the Authority), the

22 first paragraph of Section 15, 16, 17, 18, 19, and 20 of the

23 Service Occupation Tax Act and Section 3-7 of the Uniform

24 Penalty and Interest Act, as fully as if those provisions were

25 set forth herein.

26  Persons subject to any tax imposed under the authority
    HB2335 Enrolled  - 196 - LRB104 09655 LNS 19721 b

1 granted in this paragraph may reimburse themselves for their

2 serviceman's tax liability hereunder by separately stating the

3 tax as an additional charge, that charge may be stated in

4 combination in a single amount with State tax that servicemen

5 are authorized to collect under the Service Use Tax Act, under

6 any bracket schedules the Department may prescribe.

7   Whenever the Department of Revenue determines that a

8 refund should be made under this paragraph to a claimant

9 instead of issuing a credit memorandum, the Department of

10 Revenue shall notify the State Comptroller, who shall cause

11 the warrant to be drawn for the amount specified, and to the

12 person named in the notification from the Department of

13 Revenue. The refund shall be paid by the State Treasurer out of

14 the Northern Illinois Transit Authority tax fund established

15 under paragraph (n) of this Section or the Local Government

16 Aviation Trust Fund, as appropriate.

17  Nothing in this paragraph shall be construed to authorize

18 the Authority to impose a tax upon the privilege of engaging in

19 any business that under the Constitution of the United States

20 may not be made the subject of taxation by the State.

21  (g) If a tax has been imposed under paragraph (e), a tax

22 shall also be imposed upon the privilege of using in the

23 metropolitan region, any item of tangible personal property

24 that is purchased outside the metropolitan region at retail

25 from a retailer, and that is titled or registered with an

26 agency of this State's government. In Cook County, unless the
HB2335 Enrolled  - 197 - LRB104 09655 LNS 19721 b

 1 tax rate is increased by the Board by ordinance, as provided in
 2 this Section, the tax rate shall be 1% of the selling price of
 3 the tangible personal property, as "selling price" is defined
 4 in the Use Tax Act. In Cook County, on and after the effective
 5 date of this amendatory Act of the 104th General Assembly, the
 6 Board may, by ordinance, increase the tax rate to not more than
 7 1.25% of the selling price of the tangible personal property,
 8 as "selling price" is defined in the Use Tax Act. In DuPage,
 9 Kane, Lake, McHenry, and Will counties, before the effective
10 date of this amendatory Act of the 104th General Assembly, the
11 tax rate shall be 0.75% of the selling price of the tangible
12 personal property, as "selling price" is defined in the Use
13 Tax Act. In DuPage, Kane, Lake, McHenry, and Will counties, on
14 and after the effective date of this amendatory Act of the
15 104th General Assembly, the Board may, by ordinance, increase
16 the tax rate to not more than 1% of the selling price of the
17 tangible personal property, as "selling price" is defined in
18 the Use Tax Act. The tax shall be collected from persons whose
19 Illinois address for titling or registration purposes is given
20 as being in the metropolitan region. The tax shall be
21 collected by the Department of Revenue for the Authority. The
22 tax must be paid to the State, or an exemption determination
23 must be obtained from the Department of Revenue, before the
24 title or certificate of registration for the property may be
25 issued. The tax or proof of exemption may be transmitted to the
26 Department by way of the State agency with which, or the State
   HB2335 Enrolled  - 198 - LRB104 09655 LNS 19721 b

1 officer with whom, the tangible personal property must be

2 titled or registered if the Department and the State agency or

3 State officer determine that this procedure will expedite the

4 processing of applications for title or registration.

5  The Department shall have full power to administer and

6 enforce this paragraph; to collect all taxes, penalties, and

7 interest due hereunder; to dispose of taxes, penalties, and

8 interest collected in the manner hereinafter provided; and to

9 determine all rights to credit memoranda or refunds arising on

10 account of the erroneous payment of tax, penalty, or interest

11 hereunder. In the administration of and compliance with this

12 paragraph, the Department and persons who are subject to this

13 paragraph shall have the same rights, remedies, privileges,

14 immunities, powers, and duties, and be subject to the same

15 conditions, restrictions, limitations, penalties, exclusions,

16 exemptions, and definitions of terms and employ the same modes

17 of procedure, as are prescribed in Sections 2 (except the

18 definition of "retailer maintaining a place of business in

19 this State"), 3 through 3-80 (except provisions pertaining to

20 the State rate of tax, and except provisions concerning

21 collection or refunding of the tax by retailers), 4, 11, 12,

22 12a, 14, 15, 19 (except the portions pertaining to claims by

23 retailers and except the last paragraph concerning refunds),

24 20, 21, and 22 of the Use Tax Act, and are not inconsistent

25 with this paragraph, as fully as if those provisions were set

26 forth herein.
    HB2335 Enrolled     - 199 - LRB104 09655 LNS 19721 b

1   Whenever the Department determines that a refund should be

2 made under this paragraph to a claimant instead of issuing a

3 credit memorandum, the Department shall notify the State

4 Comptroller, who shall cause the order to be drawn for the

5 amount specified, and to the person named in the notification

6 from the Department. The refund shall be paid by the State

7 Treasurer out of the Northern Illinois Transit Authority tax

8 fund established under paragraph (n) of this Section.

9   (g-5) If, on January 1, 2025, a unit of local government

10 has in effect a tax under subsections (e), (f), and (g), or if,

11 after January 1, 2025, a unit of local government imposes a tax

12 under subsections (e), (f), and (g), then that tax applies to

13 leases of tangible personal property in effect, entered into,

14 or renewed on or after that date in the same manner as the tax

15 under this Section and in accordance with the changes made by

16 Public Act 103-592.

17  (h) The Authority may impose a replacement vehicle tax of

18 $50 on any passenger car as defined in Section 1-157 of the

19 Illinois Vehicle Code purchased within the metropolitan region

20 by or on behalf of an insurance company to replace a passenger

21 car of an insured person in settlement of a total loss claim.

22 The tax imposed may not become effective before the first day

23 of the month following the passage of the ordinance imposing

24 the tax and receipt of a certified copy of the ordinance by the

25 Department of Revenue. The Department of Revenue shall collect

26 the tax for the Authority in accordance with Sections 3-2002
    HB2335 Enrolled  - 200 - LRB104 09655 LNS 19721 b

1 and 3-2003 of the Illinois Vehicle Code.

2   The Department shall immediately pay over to the State

3 Treasurer, ex officio, as trustee, all taxes collected

4 hereunder.

5   As soon as possible after the first day of each month,

6 beginning January 1, 2011, upon certification of the

7 Department of Revenue, the Comptroller shall order

8 transferred, and the Treasurer shall transfer, to the STAR

9 Bonds Revenue Fund the local sales tax increment, as defined

10 in the Innovation Development and Economy Act, collected under

11 this Section during the second preceding calendar month for

12 sales within a STAR bond district.

13  After the monthly transfer to the STAR Bonds Revenue Fund,

14 on or before the 25th day of each calendar month, the

15 Department shall prepare and certify to the Comptroller the

16 disbursement of stated sums of money to the Authority. The

17 amount to be paid to the Authority shall be the amount

18 collected hereunder during the second preceding calendar month

19 by the Department, less any amount determined by the

20 Department to be necessary for the payment of refunds, and

21 less any amounts that are transferred to the STAR Bonds

22 Revenue Fund. Within 10 days after receipt by the Comptroller

23 of the disbursement certification to the Authority provided

24 for in this Section to be given to the Comptroller by the

25 Department, the Comptroller shall cause the orders to be drawn

26 for that amount in accordance with the directions contained in
    HB2335 Enrolled   - 201 - LRB104 09655 LNS 19721 b

1 the certification.

2   (i) The Board may not impose any other taxes except as it

3 may from time to time be authorized by law to impose.

4   (j) A certificate of registration issued by the Department

5 of Revenue to a retailer under the Retailers' Occupation Tax

6 Act or under the Service Occupation Tax Act shall permit the

7 registrant to engage in a business that is taxed under the tax

8 imposed under paragraphs (b), (e), (f) or (g) of this Section

9 and no additional registration shall be required under the

10 tax. A certificate issued under the Use Tax Act or the Service

11 Use Tax Act shall be applicable with regard to any tax imposed

12 under paragraph (c) of this Section.

13  (k) The provisions of any tax imposed under paragraph (c)

14 of this Section shall conform as closely as may be practicable

15 to the provisions of the Use Tax Act, including, without

16 limitation, conformity as to penalties with respect to the tax

17 imposed and as to the powers of the Department of Revenue to

18 promulgate and enforce rules and regulations relating to the

19 administration and enforcement of the provisions of the tax

20 imposed. The taxes shall be imposed only on use within the

21 metropolitan region and at rates as provided in the paragraph.

22  (l) The Board in imposing any tax as provided in

23 paragraphs (b) and (c) of this Section, shall, after seeking

24 the advice of the Department of Revenue, provide means for

25 retailers, users or purchasers of motor fuel for purposes

26 other than those with regard to which the taxes may be imposed
    HB2335 Enrolled      - 202 - LRB104 09655 LNS 19721 b

1 as provided in those paragraphs to receive refunds of taxes

2 improperly paid, which provisions may be at variance with the

3 refund provisions as applicable under the Municipal Retailers

4 Occupation Tax Act. The Department of Revenue may provide for

5 certificates of registration for users or purchasers of motor

6 fuel for purposes other than those with regard to which taxes

7 may be imposed as provided in paragraphs (b) and (c) of this

8 Section to facilitate the reporting and nontaxability of the

9 exempt sales or uses.

10  (m) Any ordinance imposing or discontinuing any tax under

11 this Section shall be adopted and a certified copy thereof

12 filed with the Department on or before June 1, whereupon the

13 Department of Revenue shall proceed to administer and enforce

14 this Section on behalf of the Authority as of September 1 next

15 following such adoption and filing. Beginning January 1, 1992,

16 an ordinance or resolution imposing or discontinuing the tax

17 hereunder shall be adopted and a certified copy thereof filed

18 with the Department on or before the first day of July,

19 whereupon the Department shall proceed to administer and

20 enforce this Section as of the first day of October next

21 following such adoption and filing. Beginning January 1, 1993,

22 an ordinance or resolution imposing, increasing, decreasing,

23 or discontinuing the tax hereunder shall be adopted and a

24 certified copy thereof filed with the Department, whereupon

25 the Department shall proceed to administer and enforce this

26 Section as of the first day of the first month to occur not
    HB2335 Enrolled  - 203 - LRB104 09655 LNS 19721 b

1 less than 60 days following such adoption and filing. Any

2 ordinance or resolution of the Authority imposing a tax under

3 this Section and in effect on August 1, 2007 shall remain in

4 full force and effect and shall be administered by the

5 Department of Revenue under the terms and conditions and rates

6 of tax established by such ordinance or resolution until the

7 Department begins administering and enforcing an increased tax

8 under this Section as authorized by Public Act 95-708. Any

9 ordinance or resolution of the Authority imposing a tax under

10 this Section and in effect on the effective date of this

11 amendatory Act of the 104th General Assembly shall remain in

12 full force and effect and shall be administered by the

13 Department of Revenue under the terms and conditions and rates

14 of tax established by such ordinance or resolution until the

15 Department begins administering and enforcing an increased tax

16 under this Section as authorized by this amendatory Act of the

17 104th General Assembly. The tax rates authorized by Public Act

18 95-708 are effective only if imposed by ordinance of the

19 Authority. The tax rates authorized by this amendatory Act of

20 the 104th General Assembly are effective only if an ordinance

21 is approved by the Authority with the affirmative votes of a

22 simple majority of its then Directors.

23  (n) Except as otherwise provided in this subsection (n),

24 the Department of Revenue shall, upon collecting any taxes as

25 provided in this Section, pay the taxes over to the State

26 Treasurer as trustee for the Authority. The taxes shall be
HB2335 Enrolled  - 204 - LRB104 09655 LNS 19721 b

 1 held in a trust fund outside the State treasury. If an
 2 airport-related purpose has been certified, taxes and
 3 penalties collected in DuPage, Kane, Lake, McHenry and Will
 4 counties on aviation fuel sold on or after December 1, 2019
 5 from the 0.50% of the 0.75% rate shall be immediately paid over
 6 by the Department to the State Treasurer, ex officio, as
 7 trustee, for deposit into the Local Government Aviation Trust
 8 Fund. The Department shall only pay moneys into the Local
 9 Government Aviation Trust Fund under this Act for so long as
10 the revenue use requirements of 49 U.S.C. 47107(b) and 49
11 U.S.C. 47133 are binding on the Authority. On or before the
12 25th day of each calendar month, the Department of Revenue
13 shall prepare and certify to the Comptroller of the State of
14 Illinois and to the Authority (i) the amount of taxes
15 collected in each county other than Cook County in the
16 metropolitan region, (not including, if an airport-related
17 purpose has been certified, the taxes and penalties collected
18 from the 0.50% of the 0.75% rate on aviation fuel sold on or
19 after December 1, 2019 that are deposited into the Local
20 Government Aviation Trust Fund) (ii) the amount of taxes
21 collected within the City of Chicago, and (iii) the amount
22 collected in that portion of Cook County outside of Chicago,
23 each amount less the amount necessary for the payment of
24 refunds to taxpayers located in those areas described in items
25 (i), (ii), and (iii), and less 1.5% of the remainder, which
26 shall be transferred from the trust fund into the Tax
    HB2335 Enrolled  - 205 - LRB104 09655 LNS 19721 b

1 Compliance and Administration Fund. The Department, at the

2 time of each monthly disbursement to the Authority, shall

3 prepare and certify to the State Comptroller the amount to be

4 transferred into the Tax Compliance and Administration Fund

5 under this subsection. Within 10 days after receipt by the

6 Comptroller of the certification of the amounts, the

7 Comptroller shall cause an order to be drawn for the transfer

8 of the amount certified into the Tax Compliance and

9 Administration Fund and the payment of three-quarters

10 two-thirds of the amounts certified in item (i) of this

11 subsection to the Authority and one-quarter one-third of the

12 amounts certified in item (i) of this subsection to the

13 respective counties other than Cook County and the amount

14 certified in items (ii) and (iii) of this subsection to the

15 Authority.

16  In addition to the disbursement required by the preceding

17 paragraph, an allocation shall be made in July 1991 and each

18 year thereafter to the Authority. The allocation shall be made

19 in an amount equal to the average monthly distribution during

20 the preceding calendar year (excluding the 2 months of lowest

21 receipts) and the allocation shall include the amount of

22 average monthly distribution from the Northern Illinois

23 Transit Authority Occupation and Use Tax Replacement Fund. The

24 distribution made in July 1992 and each year thereafter under

25 this paragraph and the preceding paragraph shall be reduced by

26 the amount allocated and disbursed under this paragraph in the
    HB2335 Enrolled  - 206 - LRB104 09655 LNS 19721 b

1 preceding calendar year. The Department of Revenue shall

2 prepare and certify to the Comptroller for disbursement the

3 allocations made in accordance with this paragraph.

4   (o) Failure to adopt a budget ordinance or otherwise to

5 comply with Section 4.01 or to adopt a 5-Year Capital Program

6 or otherwise to comply with paragraph (b) of Section 2.01 of

7 this Act shall not affect the validity of any tax imposed by

8 the Authority otherwise in conformity with law.

9   (p) At no time shall a public transportation tax or motor

10 vehicle parking tax authorized under paragraphs (b), (c), and

11 (d) of this Section be in effect at the same time as any

12 retailers' occupation, use or service occupation tax

13 authorized under paragraphs (e), (f), and (g) of this Section

14 is in effect.

15  Any taxes imposed under the authority provided in

16 paragraphs (b), (c), and (d) shall remain in effect only until

17 the time as any tax authorized by paragraph (e), (f), or (g) of

18 this Section is imposed and becomes effective. Once any tax

19 authorized by paragraph (e), (f), or (g) is imposed the Board

20 may not reimpose taxes as authorized in paragraphs (b), (c),

21 and (d) of the Section unless any tax authorized by paragraph

22 (e), (f), or (g) of this Section becomes ineffective by means

23 other than an ordinance of the Board.

24  (q) Any existing rights, remedies and obligations

25 (including enforcement by the Authority) arising under any tax

26 imposed under paragraph (b), (c), or (d) of this Section shall
    HB2335 Enrolled             - 207 - LRB104 09655 LNS 19721 b

1 not be affected by the imposition of a tax under paragraph (e),

2 (f), or (g) of this Section.

3   (r) The Board shall hold a vote on whether to adopt an

4 ordinance to increase the tax rate to the rates authorized by

5 this amendatory Act of the 104th General Assembly within 60

6 days of the effective date of this amendatory Act of the 104th

7 General Assembly.

8 (Source: P.A. 103-592, eff. 1-1-25; 103-781, eff. 8-5-24;

9 104-6, eff. 1-1-26; 104-417, eff. 8-15-25; 104-457, eff.

10 6-1-26.)

11  (70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04)

12  Sec. 4.04. Issuance and Pledge of Bonds and Notes.

13  (a) The Authority shall have the continuing power to

14 borrow money and to issue its negotiable bonds or notes as

15 provided in this Section. Unless otherwise indicated in this

16 Section, the term "notes" also includes bond anticipation

17 notes, which are notes which by their terms provide for their

18 payment from the proceeds of bonds thereafter to be issued.

19 Bonds or notes of the Authority may be issued for any or all of

20 the following purposes: to pay costs to the Authority or a

21 Service Board of constructing or acquiring any public

22 transportation facilities (including funds and rights relating

23 thereto, as provided in Section 2.05 of this Act); to repay

24 advances to the Authority or a Service Board made for such

25 purposes; to pay other expenses of the Authority or a Service
    HB2335 Enrolled  - 208 - LRB104 09655 LNS 19721 b

1 Board incident to or incurred in connection with such

2 construction or acquisition; to provide funds for any

3 Transportation Agency to pay principal of or interest or

4 redemption premium on any bonds or notes, whether as such

5 amounts become due or by earlier redemption, issued prior to

6 the date of this amendatory Act by such Transportation Agency

7 to construct or acquire public transportation facilities or to

8 provide funds to purchase such bonds or notes; and to provide

9 funds for any Transportation Agency to construct or acquire

10 any public transportation facilities, to repay advances made

11 for such purposes, and to pay other expenses incident to or

12 incurred in connection with such construction or acquisition;

13 and to provide funds for payment of obligations, including the

14 funding of reserves, under any self-insurance plan or joint

15 self-insurance pool or entity.

16  In addition to any other borrowing as may be authorized by

17 this Section, the Authority may issue its notes, from time to

18 time, in anticipation of tax receipts of the Authority or of

19 other revenues or receipts of the Authority, in order to

20 provide money for the Authority or the Service Boards to cover

21 any cash flow deficit which the Authority or a Service Board

22 anticipates incurring. Any such notes are referred to in this

23 Section as "Working Cash Notes". No Working Cash Notes shall

24 be issued for a term of longer than 24 months. Proceeds of

25 Working Cash Notes may be used to pay day to day operating

26 expenses of the Authority or the Service Boards, consisting of
    HB2335 Enrolled  - 209 - LRB104 09655 LNS 19721 b

1 wages, salaries, and fringe benefits, professional and

2 technical services (including legal, audit, engineering, and

3 other consulting services), office rental, furniture, fixtures

4 and equipment, insurance premiums, claims for self-insured

5 amounts under insurance policies, public utility obligations

6 for telephone, light, heat and similar items, travel expenses,

7 office supplies, postage, dues, subscriptions, public hearings

8 and information expenses, fuel purchases, and payments of

9 grants and payments under purchase of service agreements for

10 operations of Transportation Agencies, prior to the receipt by

11 the Authority or a Service Board from time to time of funds for

12 paying such expenses. In addition to any Working Cash Notes

13 that the Board of the Authority may determine to issue, the

14 Suburban Bus Board, the Commuter Rail Board or the Board of the

15 Chicago Transit Authority may demand and direct that the

16 Authority issue its Working Cash Notes in such amounts and

17 having such maturities as the Service Board may determine.

18  Notwithstanding any other provision of this Act, any

19 amounts necessary to pay principal of and interest on any

20 Working Cash Notes issued at the demand and direction of a

21 Service Board or any Working Cash Notes the proceeds of which

22 were used for the direct benefit of a Service Board or any

23 other Bonds or Notes of the Authority the proceeds of which

24 were used for the direct benefit of a Service Board shall

25 constitute a reduction of the amount of any other funds

26 provided by the Authority to that Service Board. The Authority
    HB2335 Enrolled  - 210 - LRB104 09655 LNS 19721 b

1 shall, after deducting any costs of issuance, tender the net

2 proceeds of any Working Cash Notes issued at the demand and

3 direction of a Service Board to such Service Board as soon as

4 may be practicable after the proceeds are received. The

5 Authority may also issue notes or bonds to pay, refund or

6 redeem any of its notes and bonds, including to pay redemption

7 premiums or accrued interest on such bonds or notes being

8 renewed, paid or refunded, and other costs in connection

9 therewith. The Authority may also utilize the proceeds of any

10 such bonds or notes to pay the legal, financial,

11 administrative and other expenses of such authorization,

12 issuance, sale or delivery of bonds or notes or to provide or

13 increase a debt service reserve fund with respect to any or all

14 of its bonds or notes. The Authority may also issue and deliver

15 its bonds or notes in exchange for any public transportation

16 facilities, (including funds and rights relating thereto, as

17 provided in Section 2.05 of this Act) or in exchange for

18 outstanding bonds or notes of the Authority, including any

19 accrued interest or redemption premium thereon, without

20 advertising or submitting such notes or bonds for public

21 bidding.

22  (b) The ordinance providing for the issuance of any such

23 bonds or notes shall fix the date or dates of maturity, the

24 dates on which interest is payable, any sinking fund account

25 or reserve fund account provisions and all other details of

26 such bonds or notes and may provide for such covenants or
HB2335 Enrolled  - 211 - LRB104 09655 LNS 19721 b

 1 agreements necessary or desirable with regard to the issue,
 2 sale and security of such bonds or notes. The rate or rates of
 3 interest on its bonds or notes may be fixed or variable and the
 4 Authority shall determine or provide for the determination of
 5 the rate or rates of interest of its bonds or notes issued
 6 under this Act in an ordinance adopted by the Authority prior
 7 to the issuance thereof, none of which rates of interest shall
 8 exceed that permitted in the Bond Authorization Act. Interest
 9 may be payable at such times as are provided for by the Board.
10 Bonds and notes issued under this Section may be issued as
11 serial or term obligations, shall be of such denomination or
12 denominations and form, including interest coupons to be
13 attached thereto, be executed in such manner, shall be payable
14 at such place or places and bear such date as the Authority
15 shall fix by the ordinance authorizing such bond or note and
16 shall mature at such time or times, within a period not to
17 exceed forty years from the date of issue, and may be
18 redeemable prior to maturity with or without premium, at the
19 option of the Authority, upon such terms and conditions as the
20 Authority shall fix by the ordinance authorizing the issuance
21 of such bonds or notes. No bond anticipation note or any
22 renewal thereof shall mature at any time or times exceeding 5
23 years from the date of the first issuance of such note. The
24 Authority may provide for the registration of bonds or notes
25 in the name of the owner as to the principal alone or as to
26 both principal and interest, upon such terms and conditions as
HB2335 Enrolled  - 212 - LRB104 09655 LNS 19721 b

 1 the Authority may determine. The ordinance authorizing bonds
 2 or notes may provide for the exchange of such bonds or notes
 3 which are fully registered, as to both principal and interest,
 4 with bonds or notes which are registerable as to principal
 5 only. All bonds or notes issued under this Section by the
 6 Authority other than those issued in exchange for property or
 7 for bonds or notes of the Authority shall be sold at a price
 8 which may be at a premium or discount but such that the
 9 interest cost (excluding any redemption premium) to the
10 Authority of the proceeds of an issue of such bonds or notes,
11 computed to stated maturity according to standard tables of
12 bond values, shall not exceed that permitted in the Bond
13 Authorization Act. The Authority shall notify the Governor's
14 Office of Management and Budget and the State Comptroller at
15 least 30 days before any bond sale and shall file with the
16 Governor's Office of Management and Budget and the State
17 Comptroller a certified copy of any ordinance authorizing the
18 issuance of bonds at or before the issuance of the bonds. After
19 December 31, 1994, any such bonds or notes shall be sold to the
20 highest and best bidder on sealed bids as the Authority shall
21 deem. As such bonds or notes are to be sold the Authority shall
22 advertise for proposals to purchase the bonds or notes which
23 advertisement shall be published at least once in a daily
24 newspaper of general circulation published in the metropolitan
25 region at least 10 days before the time set for the submission
26 of bids. The Authority shall have the right to reject any or
    HB2335 Enrolled  - 213 - LRB104 09655 LNS 19721 b

1 all bids. Notwithstanding any other provisions of this

2 Section, Working Cash Notes or bonds or notes to provide funds

3 for self-insurance or a joint self-insurance pool or entity

4 may be sold either upon competitive bidding or by negotiated

5 sale (without any requirement of publication of intention to

6 negotiate the sale of such Notes), as the Board shall

7 determine by ordinance adopted by a simple majority vote of

8 the Directors with the affirmative votes of at least 9

9 Directors. In case any officer whose signature appears on any

10 bonds, notes or coupons authorized pursuant to this Section

11 shall cease to be such officer before delivery of such bonds or

12 notes, such signature shall nevertheless be valid and

13 sufficient for all purposes, the same as if such officer had

14 remained in office until such delivery. Neither the Directors

15 of the Authority nor any person executing any bonds or notes

16 thereof shall be liable personally on any such bonds or notes

17 or coupons by reason of the issuance thereof.

18  (c) All bonds or notes of the Authority issued pursuant to

19 this Section shall be general obligations of the Authority to

20 which shall be pledged the full faith and credit of the

21 Authority, as provided in this Section. Such bonds or notes

22 shall be secured as provided in the authorizing ordinance,

23 which may, notwithstanding any other provision of this Act,

24 include in addition to any other security, a specific pledge

25 or assignment of and lien on or security interest in any or all

26 tax receipts of the Authority and on any or all other revenues
    HB2335 Enrolled  - 214 - LRB104 09655 LNS 19721 b

1 or moneys of the Authority from whatever source, which may by

2 law be utilized for debt service purposes and a specific

3 pledge or assignment of and lien on or security interest in any

4 funds or accounts established or provided for by the ordinance

5 of the Authority authorizing the issuance of such bonds or

6 notes. Any such pledge, assignment, lien, or security interest

7 for the benefit of holders of bonds or notes of the Authority

8 shall be valid and binding from the time the bonds or notes are

9 issued without any physical delivery or further act and shall

10 be valid and binding as against and prior to the claims of all

11 other parties having claims of any kind against the Authority

12 or any other person irrespective of whether such other parties

13 have notice of such pledge, assignment, lien, or security

14 interest. The obligations of the Authority incurred pursuant

15 to this Section shall be superior to and have priority over any

16 other obligations of the Authority.

17  The Authority may provide in the ordinance authorizing the

18 issuance of any bonds or notes issued pursuant to this Section

19 for the creation of, deposits in, and regulation and

20 disposition of sinking fund or reserve accounts relating to

21 such bonds or notes. The ordinance authorizing the issuance of

22 any bonds or notes pursuant to this Section may contain

23 provisions as part of the contract with the holders of the

24 bonds or notes, for the creation of a separate fund to provide

25 for the payment of principal and interest on such bonds or

26 notes and for the deposit in such fund from any or all the tax
    HB2335 Enrolled  - 215 - LRB104 09655 LNS 19721 b

1 receipts of the Authority and from any or all such other moneys

2 or revenues of the Authority from whatever source which may by

3 law be utilized for debt service purposes, all as provided in

4 such ordinance, of amounts to meet the debt service

5 requirements on such bonds or notes, including principal and

6 interest, and any sinking fund or reserve fund account

7 requirements as may be provided by such ordinance, and all

8 expenses incident to or in connection with such fund and

9 accounts or the payment of such bonds or notes. Such ordinance

10 may also provide limitations on the issuance of additional

11 bonds or notes of the Authority. No such bonds or notes of the

12 Authority shall constitute a debt of the State of Illinois.

13 Nothing in this Act shall be construed to enable the Authority

14 to impose any ad valorem tax on property.

15  (d) The ordinance of the Authority authorizing the

16 issuance of any bonds or notes may provide additional security

17 for such bonds or notes by providing for appointment of a

18 corporate trustee (which may be any trust company or bank

19 having the powers of a trust company within the state) with

20 respect to such bonds or notes. The ordinance shall prescribe

21 the rights, duties, and powers of the trustee to be exercised

22 for the benefit of the Authority and the protection of the

23 holders of such bonds or notes. The ordinance may provide for

24 the trustee to hold in trust, invest, and use amounts in funds

25 and accounts created as provided by the ordinance with respect

26 to the bonds or notes. The ordinance may provide for the
    HB2335 Enrolled  - 216 - LRB104 09655 LNS 19721 b

1 assignment and direct payment to the trustee of any or all

2 amounts produced from the sources provided in Section 4.03 and

3 Section 4.09 of this Act and provided in Section 6z-17 of the

4 State Finance Act. Upon receipt of notice of any such

5 assignment, the Department of Revenue and the Comptroller of

6 the State of Illinois shall thereafter, notwithstanding the

7 provisions of Section 4.03 and Section 4.09 of this Act and

8 Section 6z-17 of the State Finance Act, provide for such

9 assigned amounts to be paid directly to the trustee instead of

10 the Authority, all in accordance with the terms of the

11 ordinance making the assignment. The ordinance shall provide

12 that amounts so paid to the trustee which are not required to

13 be deposited, held or invested in funds and accounts created

14 by the ordinance with respect to bonds or notes or used for

15 paying bonds or notes to be paid by the trustee to the

16 Authority.

17  (e) Any bonds or notes of the Authority issued pursuant to

18 this Section shall constitute a contract between the Authority

19 and the holders from time to time of such bonds or notes. In

20 issuing any bond or note, the Authority may include in the

21 ordinance authorizing such issue a covenant as part of the

22 contract with the holders of the bonds or notes, that as long

23 as such obligations are outstanding, it shall make such

24 deposits, as provided in paragraph (c) of this Section. It may

25 also so covenant that it shall impose and continue to impose

26 taxes, as provided in Section 4.03 of this Act and in addition
   HB2335 Enrolled  - 217 - LRB104 09655 LNS 19721 b

1 thereto as subsequently authorized by law, sufficient to make

2 such deposits and pay the principal and interest and to meet

3 other debt service requirements of such bonds or notes as they

4 become due. A certified copy of the ordinance authorizing the

5 issuance of any such obligations shall be filed at or prior to

6 the issuance of such obligations with the Comptroller of the

7 State of Illinois and the Illinois Department of Revenue.

8  (f) The State of Illinois pledges to and agrees with the

9 holders of the bonds and notes of the Authority issued

10 pursuant to this Section that the State will not limit or alter

11 the rights and powers vested in the Authority by this Act so as

12 to impair the terms of any contract made by the Authority with

13 such holders or in any way impair the rights and remedies of

14 such holders until such bonds and notes, together with

15 interest thereon, with interest on any unpaid installments of

16 interest, and all costs and expenses in connection with any

17 action or proceedings by or on behalf of such holders, are

18 fully met and discharged. In addition, the State pledges to

19 and agrees with the holders of the bonds and notes of the

20 Authority issued pursuant to this Section that the State will

21 not limit or alter the basis on which State funds are to be

22 paid to the Authority as provided in this Act, or the use of

23 such funds, so as to impair the terms of any such contract. The

24 Authority is authorized to include these pledges and

25 agreements of the State in any contract with the holders of

26 bonds or notes issued pursuant to this Section.
    HB2335 Enrolled   - 218 - LRB104 09655 LNS 19721 b

1   (g)(1) (Blank).

2   (2) In addition to the authority provided by paragraphs

3 (1) and (3), the Authority is authorized to issue, sell, and

4 deliver bonds or notes for Strategic Capital Improvement

5 Projects approved pursuant to Section 4.13 as follows:

6   $100,000,000 is authorized to be issued on or after

7   January 1, 1990;

8   an additional $100,000,000 is authorized to be issued

9   on or after January 1, 1991;

10  an additional $100,000,000 is authorized to be issued

11  on or after January 1, 1992;

12  an additional $100,000,000 is authorized to be issued

13  on or after January 1, 1993;

14  an additional $100,000,000 is authorized to be issued

15  on or after January 1, 1994; and

16  the aggregate total authorization of bonds and notes

17  for Strategic Capital Improvement Projects as of January

18  1, 1994, shall be $500,000,000.

19  The Authority is also authorized to issue, sell, and

20 deliver bonds or notes in such amounts as are necessary to

21 provide for the refunding or advance refunding of bonds or

22 notes issued for Strategic Capital Improvement Projects under

23 this subdivision (g)(2), provided that no such refunding bond

24 or note shall mature later than the final maturity date of the

25 series of bonds or notes being refunded, and provided further

26 that the debt service requirements for such refunding bonds or
    HB2335 Enrolled   - 219 - LRB104 09655 LNS 19721 b

1 notes in the current or any future fiscal year shall not exceed

2 the debt service requirements for that year on the refunded

3 bonds or notes.

4   (3) In addition to the authority provided by paragraphs

5 (1) and (2), the Authority is authorized to issue, sell, and

6 deliver bonds or notes for Strategic Capital Improvement

7 Projects approved pursuant to Section 4.13 as follows:

8   $260,000,000 is authorized to be issued on or after

9   January 1, 2000;

10  an additional $260,000,000 is authorized to be issued

11  on or after January 1, 2001;

12  an additional $260,000,000 is authorized to be issued

13  on or after January 1, 2002;

14  an additional $260,000,000 is authorized to be issued

15  on or after January 1, 2003;

16  an additional $260,000,000 is authorized to be issued

17  on or after January 1, 2004; and

18  the aggregate total authorization of bonds and notes

19  for Strategic Capital Improvement Projects pursuant to

20  this paragraph (3) as of January 1, 2004 shall be

21  $1,300,000,000.

22  The Authority is also authorized to issue, sell, and

23 deliver bonds or notes in such amounts as are necessary to

24 provide for the refunding or advance refunding of bonds or

25 notes issued for Strategic Capital Improvement projects under

26 this subdivision (g)(3), provided that no such refunding bond
    HB2335 Enrolled  - 220 - LRB104 09655 LNS 19721 b

1 or note shall mature later than the final maturity date of the

2 series of bonds or notes being refunded, and provided further

3 that the debt service requirements for such refunding bonds or

4 notes in the current or any future fiscal year shall not exceed

5 the debt service requirements for that year on the refunded

6 bonds or notes.

7   (4) The Authority may not issue, sell, and deliver bonds

8 or notes for Strategic Capital Improvement Projects pursuant

9 to paragraph (2) or (3) of subsection (g) of Section 4.04 on or

10 after June 1, 2026. Any outstanding bonds or notes of the

11 Authority issued for Strategic Capital Improvement Projects

12 under paragraph (2) or (3) of subsection (g) of Section 4.04

13 shall remain in full force pursuant to the terms of the

14 agreements with noteholders or bond holders relating to such

15 bonds and notes.

16  (h) The Authority, subject to the terms of any agreements

17 with noteholders or bond holders as may then exist, shall have

18 power, out of any funds available therefor, to purchase notes

19 or bonds of the Authority, which shall thereupon be cancelled.

20  (i) In addition to any other authority granted by law, the

21 State Treasurer may, with the approval of the Governor, invest

22 or reinvest, at a price not to exceed par, any State money in

23 the State treasury which is not needed for current

24 expenditures due or about to become due in Working Cash Notes.

25 In the event of a default on a Working Cash Note issued by the

26 Authority in which State money in the State treasury was
    HB2335 Enrolled  - 221 - LRB104 09655 LNS 19721 b

1 invested, the Treasurer may, after giving notice to the

2 Authority, certify to the Comptroller the amounts of the

3 defaulted Working Cash Note, in accordance with any applicable

4 rules of the Comptroller, and the Comptroller must deduct and

5 remit to the State treasury the certified amounts or a portion

6 of those amounts from the following proportions of payments of

7 State funds to the Authority:

8   (1) in the first year after default, one-third of the

9   total amount of any payments of State funds to the

10  Authority;

11  (2) in the second year after default, two-thirds of

12  the total amount of any payments of State funds to the

13  Authority; and

14  (3) in the third year after default and for each year

15  thereafter until the total invested amount is repaid, the

16  total amount of any payments of State funds to the

17  Authority.

18  (j) The Authority may establish a line of credit with a

19 bank or other financial institution as may be evidenced by the

20 issuance of notes or other obligations, secured by and payable

21 from all tax receipts of the Authority and any or all other

22 revenues or moneys of the Authority, in an amount not to exceed

23 the limitations set forth in paragraph (1) of subsection (g).

24 Money borrowed under this subsection (j) shall be used to

25 provide money for the Authority or the Service Boards to cover

26 any cash flow deficit that the Authority or a Service Board
    HB2335 Enrolled     - 222 - LRB104 09655 LNS 19721 b

1 anticipates incurring and shall be repaid within 24 months.

2   Before establishing a line of credit under this subsection

3 (j), the Authority shall authorize the line of credit by

4 ordinance. The ordinance shall set forth facts demonstrating

5 the need for the line of credit, state the amount to be

6 borrowed, establish a maximum interest rate limit not to

7 exceed the maximum rate authorized by the Bond Authorization

8 Act, and provide a date by which the borrowed funds shall be

9 repaid. The ordinance shall authorize and direct the relevant

10 officials to make arrangements to set apart and hold, as

11 applicable, the moneys that will be used to repay the

12 borrowing. In addition, the ordinance may authorize the

13 relevant officials to make partial repayments on the line of

14 credit as the moneys become available and may contain any

15 other terms, restrictions, or limitations desirable or

16 necessary to give effect to this subsection (j).

17  The Authority shall notify the Governor's Office of

18 Management and Budget and the State Comptroller at least 30

19 days before establishing a line of credit and shall file with

20 the Governor's Office of Management and Budget and the State

21 Comptroller a certified copy of any ordinance authorizing the

22 establishment of a line of credit upon or before establishing

23 the line of credit.

24  Moneys borrowed under a line of credit pursuant to this

25 subsection (j) are general obligations of the Authority that

26 are secured by the full faith and credit of the Authority.
    HB2335 Enrolled      - 223 - LRB104 09655 LNS 19721 b

1 (Source: P.A. 104-457, eff. 6-1-26.)

2   (70 ILCS 3615/4.09)

3   Sec. 4.09. Public Transportation Fund and the Northern

4 Illinois Transit Authority Occupation and Use Tax Replacement

5 Fund.

6   (a)(1) Except as otherwise provided in paragraph (4), as

7 soon as possible after the first day of each month, beginning

8 July 1, 1984, upon certification of the Department of Revenue,

9 the Comptroller shall order transferred and the Treasurer

10 shall transfer from the General Revenue Fund to a special fund

11 in the State treasury to be known as the Public Transportation

12 Fund an amount equal to 25% of the net revenue, before the

13 deduction of the serviceman and retailer discounts pursuant to

14 Section 9 of the Service Occupation Tax Act and Section 3 of

15 the Retailers' Occupation Tax Act, realized from any tax

16 imposed by the Authority pursuant to Sections 4.03 and 4.03.1

17 and 25% of the amounts deposited into the Northern Illinois

18 Transit Authority tax fund created by Section 4.03 of this

19 Act, from the County and Mass Transit District Fund as

20 provided in Section 6z-20 of the State Finance Act and 25% of

21 the amounts deposited into the Northern Illinois Transit

22 Authority Occupation and Use Tax Replacement Fund from the

23 State and Local Sales Tax Reform Fund as provided in Section

24 6z-17 of the State Finance Act.

25  On the first day of the month following the date that the
HB2335 Enrolled  - 224 - LRB104 09655 LNS 19721 b

 1 Department receives revenues from increased taxes under
 2 Section 4.03(m) as authorized by Public Act 95-708 and until
 3 the first day of the month following the date that the
 4 Department receives revenues from increased taxes under
 5 Section 4.03(m) as authorized by this amendatory Act of the
 6 104th General Assembly, in lieu of the transfers authorized in
 7 the preceding sentence, upon certification of the Department
 8 of Revenue, the Comptroller shall order transferred and the
 9 Treasurer shall transfer from the General Revenue Fund to the
10 Public Transportation Fund an amount equal to 25% of the net
11 revenue, before the deduction of the serviceman and retailer
12 discounts pursuant to Section 9 of the Service Occupation Tax
13 Act and Section 3 of the Retailers' Occupation Tax Act,
14 realized from (i) 80% of the proceeds of any tax imposed by the
15 Authority at a rate of 1.25% in Cook County, (ii) 75% of the
16 proceeds of any tax imposed by the Authority at the rate of 1%
17 in Cook County, and (iii) one-third of the proceeds of any tax
18 imposed by the Authority at the rate of 0.75% in the Counties
19 of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
20 Section 4.03, and 25% of the net revenue realized from any tax
21 imposed by the Authority pursuant to Section 4.03.1, and 25%
22 of the amounts deposited into the Northern Illinois Transit
23 Regional Transportation Authority tax fund created by Section
24 4.03 of this Act from the County and Mass Transit District Fund
25 as provided in Section 6z-20 of the State Finance Act, and 25%
26 of the amounts deposited into the Northern Illinois Transit
   HB2335 Enrolled  - 225 - LRB104 09655 LNS 19721 b

1 Regional Transportation Authority Occupation and Use Tax

2 Replacement Fund from the State and Local Sales Tax Reform

3 Fund as provided in Section 6z-17 of the State Finance Act.

4  On the first day of the month following the date that the

5 Department receives revenues from increased taxes under

6 Section 4.03(m) as authorized by this amendatory Act of the

7 104th General Assembly, in lieu of the transfers authorized in

8 the preceding sentences, upon certification of the Department

9 of Revenue, the Comptroller shall order transferred and the

10 Treasurer shall transfer from the General Revenue Fund to the

11 Public Transportation Fund an amount equal to 25% of the net

12 revenue, before the deduction of the serviceman and retailer

13 discounts pursuant to Section 9 of the Service Occupation Tax

14 Act and Section 3 of the Retailers' Occupation Tax Act,

15 realized from (i) two-thirds of the proceeds of any tax

16 imposed by the Authority at a rate of 1.5% in Cook County, (ii)

17 60% of the proceeds of any tax imposed by the Authority at the

18 rate of 1.25% in Cook County, and (iii) 25% of the proceeds of

19 any tax imposed by the Authority at the rate of 1% in the

20 Counties of DuPage, Kane, Lake, McHenry, and Will, all

21 pursuant to Section 4.03, and 25% of the net revenue realized

22 from any tax imposed by the Authority pursuant to Section

23 4.03.1, and 25% of the amounts deposited into the Northern

24 Illinois Transit Authority tax fund created by Section 4.03 of

25 this Act from the County and Mass Transit District Fund as

26 provided in Section 6z-20 of the State Finance Act, and 25% of
    HB2335 Enrolled  - 226 - LRB104 09655 LNS 19721 b

1 the amounts deposited into the Northern Illinois Transit

2 Authority Occupation and Use Tax Replacement Fund from the

3 State and Local Sales Tax Reform Fund as provided in Section

4 6z-17 of the State Finance Act.

5   As used in this Section, net revenue realized for a month

6 shall be the revenue collected by the State pursuant to

7 Sections 4.03 and 4.03.1 during the previous month from within

8 the metropolitan region, less the amount paid out during that

9 same month as refunds to taxpayers for overpayment of

10 liability in the metropolitan region under Sections 4.03 and

11 4.03.1.

12  Notwithstanding any provision of law to the contrary,

13 beginning on July 6, 2017 (the effective date of Public Act

14 100-23), those amounts required under this paragraph (1) of

15 subsection (a) to be transferred by the Treasurer into the

16 Public Transportation Fund from the General Revenue Fund shall

17 be directly deposited into the Public Transportation Fund as

18 the revenues are realized from the taxes indicated.

19  (2) Except as otherwise provided in paragraph (4), on

20 February 1, 2008 2009 (the first day of the month following the

21 effective date of Public Act 95-708) and each month thereafter

22 and until the first day of the month following the date that

23 the Department receives revenues from increased taxes under

24 Section 4.03(m) as authorized by this amendatory Act of the

25 104th General Assembly, upon certification by the Department

26 of Revenue, the Comptroller shall order transferred and the
    HB2335 Enrolled  - 227 - LRB104 09655 LNS 19721 b

1 Treasurer shall transfer from the General Revenue Fund to the

2 Public Transportation Fund an amount equal to 5% of the net

3 revenue, before the deduction of the serviceman and retailer

4 discounts pursuant to Section 9 of the Service Occupation Tax

5 Act and Section 3 of the Retailers' Occupation Tax Act,

6 realized from any tax imposed by the Authority pursuant to

7 Sections 4.03 and 4.03.1 and certified by the Department of

8 Revenue under Section 4.03(n) of this Act to be paid to the

9 Authority and 5% of the amounts deposited into the Northern

10 Illinois Transit Authority tax fund created by Section 4.03 of

11 this Act from the County and Mass Transit District Fund as

12 provided in Section 6z-20 of the State Finance Act, and 5% of

13 the amounts deposited into the Northern Illinois Transit

14 Authority Occupation and Use Tax Replacement Fund from the

15 State and Local Sales Tax Reform Fund as provided in Section

16 6z-17 of the State Finance Act, and 5% of the revenue realized

17 by the Chicago Transit Authority as financial assistance from

18 the City of Chicago from the proceeds of any tax imposed by the

19 City of Chicago under Section 8-3-19 of the Illinois Municipal

20 Code.

21  On the first day of the month following the date that the

22 Department receives revenues from increased taxes under

23 Section 4.03(m) as authorized by this amendatory Act of the

24 104th General Assembly, upon certification of the Department

25 of Revenue, the Comptroller shall order transferred and the

26 Treasurer shall transfer from the General Revenue Fund to the
HB2335 Enrolled  - 228 - LRB104 09655 LNS 19721 b

 1 Public Transportation Fund an amount equal to 5% of the net
 2 revenue, before the deduction of the serviceman and retailer
 3 discounts pursuant to Section 9 of the Service Occupation Tax
 4 Act and Section 3 of the Retailers' Occupation Tax Act,
 5 realized from (i) five-sixths of the proceeds of any tax
 6 imposed by the Authority at a rate of 1.5% in Cook County, (ii)
 7 80% of the proceeds of any tax imposed by the Authority at the
 8 rate of 1.25% in Cook County, and (iii) two-thirds of the
 9 proceeds of any tax imposed by the Authority at the rate of 1%
10 in the Counties of DuPage, Kane, Lake, McHenry, and Will, all
11 pursuant to Section 4.03 and certified by the Department of
12 Revenue under Section 4.03(n) of this Act to be paid to the
13 Authority, and 5% of the net revenue realized from any tax
14 imposed by the Authority pursuant to Section 4.03.1 and
15 certified by the Department of Revenue under Section 4.03.1(d)
16 of this Act to be paid to the Authority, and 5% of the amounts
17 deposited into the Northern Illinois Transit Authority tax
18 fund created by Section 4.03 of this Act from the County and
19 Mass Transit District Fund as provided in Section 6z-20 of the
20 State Finance Act, and 5% of the amounts deposited into the
21 Northern Illinois Transit Authority Occupation and Use Tax
22 Replacement Fund from the State and Local Sales Tax Reform
23 Fund as provided in Section 6z-17 of the State Finance Act, and
24 5% of the revenue realized by the Chicago Transit Authority as
25 financial assistance from the City of Chicago from the
26 proceeds of any tax imposed by the City of Chicago under
   HB2335 Enrolled  - 229 - LRB104 09655 LNS 19721 b

1 Section 8-3-19 of the Illinois Municipal Code.

2  Notwithstanding any provision of law to the contrary,

3 beginning on July 6, 2017 (the effective date of Public Act

4 100-23), those amounts required under this paragraph (2) of

5 subsection (a) to be transferred by the Treasurer into the

6 Public Transportation Fund from the General Revenue Fund shall

7 be directly deposited into the Public Transportation Fund as

8 the revenues are realized from the taxes indicated.

9  (3) Except as otherwise provided in paragraph (4), as soon

10 as possible after the first day of January, 2009 and each month

11 thereafter and until the first day of the month following the

12 date that the Department receives revenues from increased

13 taxes under Section 4.03(m) as authorized by this amendatory

14 Act of the 104th General Assembly, upon certification of the

15 Department of Revenue with respect to the taxes collected

16 under Section 4.03, the Comptroller shall order transferred

17 and the Treasurer shall transfer from the General Revenue Fund

18 to the Public Transportation Fund an amount equal to 25% of the

19 net revenue, before the deduction of the serviceman and

20 retailer discounts pursuant to Section 9 of the Service

21 Occupation Tax Act and Section 3 of the Retailers' Occupation

22 Tax Act, realized from (i) 20% of the proceeds of any tax

23 imposed by the Authority at a rate of 1.25% in Cook County,

24 (ii) 25% of the proceeds of any tax imposed by the Authority at

25 the rate of 1% in Cook County, and (iii) one-third of the

26 proceeds of any tax imposed by the Authority at the rate of
   HB2335 Enrolled  - 230 - LRB104 09655 LNS 19721 b

1 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and

2 Will, all pursuant to Section 4.03, and the Comptroller shall

3 order transferred and the Treasurer shall transfer from the

4 General Revenue Fund to the Public Transportation Fund (iv) an

5 amount equal to 25% of the revenue realized by the Chicago

6 Transit Authority as financial assistance from the City of

7 Chicago from the proceeds of any tax imposed by the City of

8 Chicago under Section 8-3-19 of the Illinois Municipal Code.

9  On the first day of the month following the date that the

10 Department receives revenues from increased taxes under

11 Section 4.03(m) as authorized by this amendatory Act of the

12 104th General Assembly, upon certification of the Department

13 of Revenue with respect to the taxes collected under Section

14 4.03, the Comptroller shall order transferred and the

15 Treasurer shall transfer from the General Revenue Fund to the

16 Public Transportation Fund an amount equal to 25% of the net

17 revenue, before the deduction of the serviceman and retailer

18 discounts pursuant to Section 9 of the Service Occupation Tax

19 Act and Section 3 of the Retailers' Occupation Tax Act,

20 realized from (i) one-sixth of the proceeds of any tax imposed

21 by the Authority at a rate of 1.5% in Cook County, (ii) 20% of

22 the proceeds of any tax imposed by the Authority at the rate of

23 1.25% in Cook County, and (iii) 25% of the proceeds of any tax

24 imposed by the Authority at the rate of 1% in the Counties of

25 DuPage, Kane, Lake, McHenry, and Will, all pursuant to Section

26 4.03, and the Comptroller shall order transferred and the
    HB2335 Enrolled         - 231 - LRB104 09655 LNS 19721 b

1 Treasurer shall transfer from the General Revenue Fund to the

2 Public Transportation Fund (iv) an amount equal to 25% of the

3 revenue realized by the Chicago Transit Authority as financial

4 assistance from the City of Chicago from the proceeds of any

5 tax imposed by the City of Chicago under Section 8-3-19 of the

6 Illinois Municipal Code.

7   Notwithstanding any provision of law to the contrary,

8 beginning on July 6, 2017 (the effective date of Public Act

9 100-23), those amounts required under this paragraph (3) of

10 subsection (a) to be transferred by the Treasurer into the

11 Public Transportation Fund from the General Revenue Fund shall

12 be directly deposited into the Public Transportation Fund as

13 the revenues are realized from the taxes indicated.

14  (4) Notwithstanding any provision of law to the contrary,

15 for the State fiscal year beginning July 1, 2024 and each State

16 fiscal year thereafter, the first $150,000,000 that would have

17 otherwise been transferred from the General Revenue Fund and

18 deposited into the Public Transportation Fund as provided in

19 paragraphs (1), (2), and (3) of this subsection (a) shall

20 instead be transferred from the Road Fund by the Treasurer

21 upon certification by the Department of Revenue and order of

22 the Comptroller. For the State fiscal year beginning July 1,

23 2024, only, the next $75,000,000 that would have otherwise

24 been transferred from the General Revenue Fund and deposited

25 into the Public Transportation Fund as provided in paragraphs

26 (1), (2), and (3) of this subsection (a) shall instead be
    HB2335 Enrolled  - 232 - LRB104 09655 LNS 19721 b

1 transferred from the Road Fund and deposited into the Public

2 Transportation Fund by the Treasurer upon certification by the

3 Department of Revenue and order of the Comptroller. The funds

4 authorized and transferred pursuant to this amendatory Act of

5 the 103rd General Assembly are not intended or planned for

6 road construction projects. For the State fiscal year

7 beginning July 1, 2024, only, the next $50,000,000 that would

8 have otherwise been transferred from the General Revenue Fund

9 and deposited into the Public Transportation Fund as provided

10 in paragraphs (1), (2), and (3) of this subsection (a) shall

11 instead be transferred from the Underground Storage Tank Fund

12 and deposited into the Public Transportation Fund by the

13 Treasurer upon certification by the Department of Revenue and

14 order of the Comptroller. The remaining balance shall be

15 deposited each State fiscal year as otherwise provided in

16 paragraphs (1), (2), and (3) of this subsection (a).

17  (5) (Blank).

18  (6) (Blank).

19  (7) For State fiscal year 2020 only, notwithstanding any

20 provision of law to the contrary, the total amount of revenue

21 and deposits under this Section attributable to revenues

22 realized during State fiscal year 2020 shall be reduced by 5%.

23  (8) For State fiscal year 2021 only, notwithstanding any

24 provision of law to the contrary, the total amount of revenue

25 and deposits under this Section attributable to revenues

26 realized during State fiscal year 2021 shall be reduced by 5%.
   HB2335 Enrolled  - 233 - LRB104 09655 LNS 19721 b

1  (b)(1) All moneys deposited in the Public Transportation

2 Fund and the Northern Illinois Transit Authority Occupation

3 and Use Tax Replacement Fund, whether deposited pursuant to

4 this Section or otherwise, are allocated to the Authority,

5 except for amounts appropriated to the Office of the Executive

6 Inspector General as authorized by subsection (h) of Section

7 4.03.3 and amounts transferred to the Audit Expense Fund

8 pursuant to Section 6z-27 of the State Finance Act. The

9 Comptroller, as soon as possible after each monthly transfer

10 provided in this Section and after each deposit into the

11 Public Transportation Fund, shall order the Treasurer to pay

12 to the Authority out of the Public Transportation Fund the

13 amount so transferred or deposited. Any Additional State

14 Assistance and Additional Financial Assistance paid to the

15 Authority under this Section shall be expended by the

16 Authority for its purposes as provided in this Act. The

17 balance of the amounts paid to the Authority from the Public

18 Transportation Fund shall be expended by the Authority as

19 provided in Section 4.03.3. The Comptroller, as soon as

20 possible after each deposit into the Northern Illinois Transit

21 Authority Occupation and Use Tax Replacement Fund provided in

22 this Section, in Section 6z-17 of the State Finance Act, shall

23 order the Treasurer to pay to the Authority out of the Northern

24 Illinois Transit Authority Occupation and Use Tax Replacement

25 Fund the amount so deposited. Such amounts paid to the

26 Authority may be expended by it for its purposes as provided in
    HB2335 Enrolled  - 234 - LRB104 09655 LNS 19721 b

1 this Act. The provisions directing the distributions from the

2 Public Transportation Fund and the Northern Illinois Transit

3 Authority Occupation and Use Tax Replacement Fund provided for

4 in this Section shall constitute an irrevocable and continuing

5 appropriation of all amounts as provided herein. The State

6 Treasurer and State Comptroller are hereby authorized and

7 directed to make distributions as provided in this Section.

8   (2) Provided, however, no moneys deposited under

9 subsection (a) of this Section shall be paid from the Public

10 Transportation Fund to the Authority or its assignee for any

11 fiscal year until the Authority has certified to the Governor,

12 the Comptroller, and the Mayor of the City of Chicago that it

13 has adopted for that fiscal year an Annual Budget and 2-Year

14 Financial Plan meeting the requirements in Section 4.01(b).

15  (3) For the purposes of this Section, beginning in Fiscal

16 Year 2027, the General Assembly shall appropriate an amount

17 from the Public Transportation Fund equal to the sum total of

18 funds projected to be paid to the participants under Section 9

19 of the Use Tax Act, Section 9 of the Service Use Tax Act,

20 Section 9 of the Service Occupation Tax Act, and Section 3 of

21 the Retailers' Occupation Tax Act. If the General Assembly

22 fails to make appropriations sufficient to cover the amounts

23 projected to be paid under Section 9 of the Use Tax Act,

24 Section 9 of the Service Use Tax Act, Section 9 of the Service

25 Occupation Tax Act and Section 3 of the Retailers' Occupation

26 Tax Act, then this Act shall constitute an irrevocable and
    HB2335 Enrolled  - 235 - LRB104 09655 LNS 19721 b

1 continuing appropriation from the Public Transportation Fund

2 of all amounts necessary for those purposes.

3   (c) In recognition of the efforts of the Authority to

4 enhance the mass transportation facilities under its control,

5 the State shall provide financial assistance ("Additional

6 State Assistance") in excess of the amounts transferred to the

7 Authority from the General Revenue Fund under subsection (a)

8 of this Section. Additional State Assistance shall be

9 calculated as provided in subsection (d), but shall in no

10 event exceed the following specified amounts with respect to

11 the following State fiscal years:

12  1990             $5,000,000;

13  1991             $5,000,000;

14  1992             $10,000,000;

15  1993             $10,000,000;

16  1994             $20,000,000;

17  1995             $30,000,000;

18  1996             $40,000,000;

19  1997             $50,000,000;

20  1998             $55,000,000; and

21  each year thereafter $55,000,000.

22  (c-5) The State shall provide financial assistance

23 ("Additional Financial Assistance") in addition to the

24 Additional State Assistance provided by subsection (c) and the

25 amounts transferred to the Authority from the General Revenue

26 Fund under subsection (a) of this Section. Additional
    HB2335 Enrolled  - 236 - LRB104 09655 LNS 19721 b

1 Financial Assistance provided by this subsection shall be

2 calculated as provided in subsection (d), but shall in no

3 event exceed the following specified amounts with respect to

4 the following State fiscal years:

5   2000             $0;

6   2001             $16,000,000;

7   2002             $35,000,000;

8   2003             $54,000,000;

9   2004             $73,000,000;

10  2005             $93,000,000; and

11  each year thereafter $100,000,000.

12  (d) Beginning with State fiscal year 1990 and continuing

13 for each State fiscal year thereafter, the Authority shall

14 annually certify to the State Comptroller and State Treasurer,

15 separately with respect to each of subdivisions (g)(2) and

16 (g)(3) of Section 4.04 of this Act, the following amounts:

17  (1) The amount necessary and required, during the

18  State fiscal year with respect to which the certification

19  is made, to pay its obligations for debt service on all

20  outstanding bonds or notes issued by the Authority under

21  subdivisions (g)(2) and (g)(3) of Section 4.04 of this

22  Act.

23  (2) An estimate of the amount necessary and required

24  to pay its obligations for debt service for any bonds or

25  notes which the Authority anticipates it will issue under

26  subdivisions (g)(2) and (g)(3) of Section 4.04 during that
    HB2335 Enrolled     - 237 - LRB104 09655 LNS 19721 b

1   State fiscal year.

2   (3) Its debt service savings during the preceding

3   State fiscal year from refunding or advance refunding of

4   bonds or notes issued under subdivisions (g)(2) and (g)(3)

5   of Section 4.04.

6   (4) The amount of interest, if any, earned by the

7   Authority during the previous State fiscal year on the

8   proceeds of bonds or notes issued pursuant to subdivisions

9   (g)(2) and (g)(3) of Section 4.04, other than refunding or

10  advance refunding bonds or notes.

11  The certification shall include a specific schedule of

12 debt service payments, including the date and amount of each

13 payment for all outstanding bonds or notes and an estimated

14 schedule of anticipated debt service for all bonds and notes

15 it intends to issue, if any, during that State fiscal year,

16 including the estimated date and estimated amount of each

17 payment.

18  Immediately upon the issuance of bonds for which an

19 estimated schedule of debt service payments was prepared, the

20 Authority shall file an amended certification with respect to

21 item (2) above, to specify the actual schedule of debt service

22 payments, including the date and amount of each payment, for

23 the remainder of the State fiscal year.

24  On the first day of each month of the State fiscal year in

25 which there are bonds outstanding with respect to which the

26 certification is made, the State Comptroller shall order
    HB2335 Enrolled   - 238 - LRB104 09655 LNS 19721 b

1 transferred and the State Treasurer shall transfer from the

2 Road Fund to the Public Transportation Fund the Additional

3 State Assistance and Additional Financial Assistance in an

4 amount equal to the aggregate of (i) one-twelfth of the sum of

5 the amounts certified under items (1) and (3) above less the

6 amount certified under item (4) above, plus (ii) the amount

7 required to pay debt service on bonds and notes issued during

8 the fiscal year, if any, divided by the number of months

9 remaining in the fiscal year after the date of issuance, or

10 some smaller portion as may be necessary under subsection (c)

11 or (c-5) of this Section for the relevant State fiscal year,

12 plus (iii) any cumulative deficiencies in transfers for prior

13 months, until an amount equal to the sum of the amounts

14 certified under items (1) and (3) above, plus the actual debt

15 service certified under item (2) above, less the amount

16 certified under item (4) above, has been transferred; except

17 that these transfers are subject to the following limits:

18  (A) In no event shall the total transfers in any State

19  fiscal year relating to outstanding bonds and notes issued

20  by the Authority under subdivision (g)(2) of Section 4.04

21  exceed the lesser of the annual maximum amount specified

22  in subsection (c) or the sum of the amounts certified

23  under items (1) and (3) above, plus the actual debt

24  service certified under item (2) above, less the amount

25  certified under item (4) above, with respect to those

26  bonds and notes.
    HB2335 Enrolled            - 239 - LRB104 09655 LNS 19721 b

1           (B) In no event shall the total transfers in any State

2   fiscal year relating to outstanding bonds and notes issued

3   by the Authority under subdivision (g)(3) of Section 4.04

4   exceed the lesser of the annual maximum amount specified

5   in subsection (c-5) or the sum of the amounts certified

6   under items (1) and (3) above, plus the actual debt

7   service certified under item (2) above, less the amount

8   certified under item (4) above, with respect to those

9   bonds and notes.

10  The term "outstanding" does not include bonds or notes for

11 which refunding or advance refunding bonds or notes have been

12 issued.

13  (e) Neither Additional State Assistance nor Additional

14 Financial Assistance may be pledged, either directly or

15 indirectly as general revenues of the Authority, as security

16 for any bonds issued by the Authority. The Authority may not

17 assign its right to receive Additional State Assistance or

18 Additional Financial Assistance, or direct payment of

19 Additional State Assistance or Additional Financial

20 Assistance, to a trustee or any other entity for the payment of

21 debt service on its bonds.

22  (f) The certification required under subsection (d) with

23 respect to outstanding bonds and notes of the Authority shall

24 be filed as early as practicable before the beginning of the

25 State fiscal year to which it relates. The certification shall

26 be revised as may be necessary to accurately state the debt
    HB2335 Enrolled             - 240 - LRB104 09655 LNS 19721 b

1 service requirements of the Authority.

2   (g) (Blank). , and 2026

3   (h) (Blank).

4 (Source: P.A. 103-281, eff. 1-1-24; 103-588, eff. 6-5-24;

5 104-434, eff. 11-21-25; 104-457, eff. 6-1-26; revised 1-7-26.)

6   (70 ILCS 3615/5.05) (from Ch. 111 2/3, par. 705.05)

7   Sec. 5.05. Opt out.

8   (a) Notwithstanding any other provision of this Act, if

9 the County Board of the County of DuPage, Kane, Lake, McHenry,

10 or Will by ordinance authorizes that such county shall elect

11 to terminate the powers of the Authority and the Suburban Bus

12 Division in that County, the Secretary of such County Board

13 shall certify that proposition to the proper election

14 officials, who shall submit such proposition at an election in

15 accordance with the general election law to decide whether or

16 not the County shall opt out; and if a majority of the voters

17 voting upon the proposition is in favor of terminating the

18 powers of the Authority and the Suburban Bus Division those

19 powers shall be terminated.

20  The form of the ballot to be used at the referendum shall

21 be substantially as follows:

22  ------------------------------------------------------------

23  Shall ..... County Terminate the

24 Powers of the Northern Illinois        YES

25 Transit Authority and the Suburban Bus ----------------------
    HB2335 Enrolled            - 241 - LRB104 09655 LNS 19721 b

1 Division in .... County                        NO

2 on ..... (date)

3   ------------------------------------------------------------

4   If a majority of the voters vote in favor of terminating

5 the powers of the Authority and the Suburban Bus Division then

6 all of the powers of the Authority and the Suburban Bus

7 Division shall terminate in such county except those powers

8 and functions which the Authority determines to be necessary

9 to exercise with regard to:

10  (i) public transportation by commuter rail, and

11  related public transportation facilities;

12  (ii) public transportation other than by commuter rail

13  which is required in order to comply with federal or State

14  laws and regulations, and related public transportation

15  facilities; and

16  (iii) public transportation other than by commuter

17  rail provided by the Suburban Bus Division pursuant to

18  contract with the County or other governmental entity

19  therein, and related public transportation facilities.

20  (b) The termination of the powers of the Authority and the

21 Suburban Bus Division referred to in paragraph (a) of this

22 Section with respect to any County shall occur on approval of

23 the referendum by the electors provided on or prior to the date

24 of such termination, such County shall have:

25  (i) assumed the obligations of the Authority under all

26  laws, federal or State, and all contracts with respect to
    HB2335 Enrolled  - 242 - LRB104 09655 LNS 19721 b

1   public transportation or public transportation facilities

2   in such County, which statutory or contractual obligations

3   extend beyond the termination date provided for in

4   accordance with paragraph (c) of this Section provided

5   that such obligations shall not be deemed to include any

6   indebtedness of the Authority for borrowed money;

7   (ii) agreed to indemnify and hold harmless the

8   Authority against any and all claims, actions, and

9   liabilities arising out of or in connection with the

10  termination of the Authority's powers and functions

11  pursuant to paragraph (a) of this Section; and

12  (iii) taken or caused to be taken all necessary

13  actions and fulfilled or caused to be fulfilled all

14  requirements under federal and State laws, rules and

15  regulations with respect to such termination and any

16  related transfers of assets or liabilities of the

17  Authority. A County may, by mutual agreement with the

18  Authority, permit the Authority to fulfill one or more

19  contracts which by their terms extend beyond the

20  termination date provided for in accordance with paragraph

21  (c) of this Section, in which case the powers and

22  functions of the Authority in that County shall survive

23  only to the extent deemed necessary by the Authority to

24  fulfill said contract or contracts. The satisfaction of

25  the requirements provided for in this paragraph shall be

26  evidenced in such manner as the Authority may require.
    HB2335 Enrolled  - 243 - LRB104 09655 LNS 19721 b

1   (c) Following an election to terminate the powers of the

2 Authority and the Suburban Bus Division at a referendum held

3 under paragraph (a) of this Section the County Board shall

4 notify the Authority of the results of the referendum which

5 notice shall specify a termination date, which is the last day

6 of the calendar month, but no earlier than December 31, 1984.

7 Unless the termination date is extended by mutual agreement

8 between the County and the Authority, the termination of the

9 powers and functions of the Authority in the County shall

10 occur at midnight on the termination date, provided that the

11 requirements of this Section have been met.

12  (d) The proceeds of taxes imposed by the Authority under

13 Sections 4.03 and 4.03.1 collected after the termination date

14 within a County wherein the powers of the Authority and the

15 Suburban Bus Division have been terminated under this Section

16 shall be provided by the Authority to the Commuter Rail Board

17 to support services under the jurisdiction of the Commuter

18 Rail Board which are attributable to that County, as

19 determined by the Commuter Rail Board. Any proceeds which are

20 in excess of that necessary to support such services shall be

21 paid by the Authority to that County to be expended for general

22 transportation purposes in accordance with law. If no services

23 under the jurisdiction of the Commuter Rail Board are provided

24 in a County wherein the powers of the Authority have been

25 terminated under this Section, all proceeds of taxes imposed

26 by the Authority in the County shall be paid by the Authority
    HB2335 Enrolled        - 244 - LRB104 09655 LNS 19721 b

1 to the County to be expended for general transportation
2 purposes in accordance with law. The Authority or the Suburban
3 Bus Division has no obligation to see that the funds expended
4 under this paragraph by the County are spent for general
5 transportation purposes in accordance with law.
6 (Source: P.A. 104-457, eff. 6-1-26.)

7   (70 ILCS 3615/6.01)

8   (This Section may contain text from a Public Act with a

9 delayed effective date)

10  Sec. 6.01. Service standards.

11  (a) The Authority shall adopt service standards to guide

12 the provision of public transportation throughout the

13 metropolitan region.

14  (b) The service standards shall identify quantitative and

15 qualitative attributes of quality public transit service using

16 metrics drawn from the performance of high-quality transit

17 systems in global metropolitan areas with populations and

18 metropolitan economies comparable to the metropolitan region.

19  (c) The service standards shall include a framework that

20 describes the appropriate characteristics for each type of

21 service or mode. These characteristics include, but are not

22 limited to, mode, frequency, time span, vehicle type, stop

23 spacing, vehicle and stop amenities, network connectivity,

24 route directness, route deviation, and coverage of service.

25 Consideration shall be given to vehicle revenue hours, vehicle
    HB2335 Enrolled   - 245 - LRB104 09655 LNS 19721 b

1 revenue miles, passenger miles traveled, and unlinked

2 passenger trips.

3   (d) The service standards shall cover the entire

4 metropolitan region and include the development of transit

5 propensity thresholds for each type of service or mode.

6 Transit propensity metrics shall include, but are not limited

7 to, population density, employment density, low-income

8 populations, disabled populations, zero-car households,

9 intersection density, and the presence of sidewalks. The

10 Authority shall develop weights for each metric and a scoring

11 system to determine transit propensity.

12  (e) The service standards shall be adjusted as appropriate

13 to accommodate the addition of modes of public transportation

14 not currently being provided by the Authority, which may

15 include, but are not limited to:

16  (1) streetcars;

17  (2) light rail;

18  (3) full-scale bus rapid transit;

19  (4) a transition from commuter rail to regional rail

20  or a combination of commuter and regional rail; and

21  (5) electrified versions of current combustion engine

22  vehicle systems.

23  (f) A unit of local government may petition the Authority

24 to increase the level of transit service provided above what

25 would otherwise be provided through the service standards. The

26 Authority may develop plans and policies to assist units of
    HB2335 Enrolled           - 246 - LRB104 09655 LNS 19721 b

1 local government in identifying corridors where additional

2 service could be provided.

3   (g) The service standards shall include the transition of

4 commuter rail in the metropolitan region to a regional rail

5 service pattern or the retention of commuter rail with

6 additional regional rail service.

7   (h) Service standards and transit propensity thresholds

8 shall be developed, adopted by the board of directors, and

9 implemented by December 31, 2027.

10  (1) The development of such standards shall be done

11  cooperatively by staff of the Authority and the Service

12  Boards, including input from the bus and train operators

13  and train operating crews employed by the Service Boards.

14  (2) In developing and evaluating the service

15  standards, consideration shall be given to limitations

16  experienced by the Commuter Rail Division due to shared

17  infrastructure with freight rail.

18  (3) After service standards are implemented, the

19  Authority shall meet with each of the Service Boards at

20  least quarterly each year to ensure operations are

21  continuing effectively and to discuss issues or concerns

22  related to the service standards.

23  (4) The Board shall review and make adjustments to the

24  service standards in conjunction with its adoption of the

25  Authority's Strategic Plan.

26  (i) Until December 31, 2030, this Section shall only apply
    HB2335 Enrolled  - 247 - LRB104 09655 LNS 19721 b

1 to revenue generated by taxes under Section 4.03 and any funds

2 distributed to the Service Boards based on Section 4.03.3.

3   (j) Until December 31, 2030, the amount of funding

4 distributed to each Service Board under this Section shall be,

5 at a minimum, equal to the amount of funding distributed in

6 2025 under Section 4.03.3 to each Service Board. If the

7 revenue generated under Section 4.03.3 4.03.03 in a year is

8 below that of 2025, then the amount of funding distributed to

9 each Service Board under this Section shall be reduced

10 proportionally.

11  (k) Following the implementation of service standards, the

12 Authority and the Service Boards, their chief executive

13 officers, and other employees as required shall, upon request

14 of the General Assembly, attend a minimum of one hearing

15 annually before an appropriations committee and a substantive

16 committee of the House of Representatives and an

17 appropriations committee and a substantive committee of the

18 Senate regarding the implementation and efficacy of service

19 standards and other issues as requested. These hearings may be

20 conducted in Chicago or Springfield or any other location

21 selected by the General Assembly.

22  (l) The Authority shall compile and publish reports

23 comparing the actual public transportation system performance

24 measured against the service standards. The performance

25 measures shall include customer-related performance data

26 measured by line, route, or subregion, as determined by the
    HB2335 Enrolled         - 248 - LRB104 09655 LNS 19721 b

1 Authority, including, but not limited to:

2   (1) travel times and on-time performance;

3   (2) ridership data;

4   (3) equipment failure rates;

5   (4) employee and customer safety;

6   (5) crowding;

7   (6) cleanliness of vehicles and stations;

8   (7) service productivity; and

9   (8) customer satisfaction.

10  The Service Boards shall prepare and submit to the

11 Authority the reports with regard to these performance

12 measures in the frequency and form required by the Authority.

13 The Authority shall compile and publish the reports on its

14 website on a regular basis, no less than monthly. The

15 Authority shall implement consistent data reporting standards.

16  (m) The service standards and performance measures shall

17 not be used as a basis for disciplinary action against any

18 employee of the Authority or a Service Board, except to the

19 extent that the collective bargaining agreements and

20 employment and disciplinary practices of the Authority or the

21 relevant Service Board provide for the action.

22 (Source: P.A. 104-457, eff. 6-1-26.)

23  (70 ILCS 3615/7.02)

24  (This Section may contain text from a Public Act with a

25 delayed effective date)
    HB2335 Enrolled         - 249 - LRB104 09655 LNS 19721 b

1   Sec. 7.02. Transition.

2   (a) The Authority shall provide for an orderly transition

3 of functions and responsibilities under this amendatory Act of

4 the 104th General Assembly through the development of a

5 transition plan. As soon as is reasonably feasible after the

6 effective date of this amendatory Act of the 104th General

7 Assembly and before September 1, 2026, the Department of

8 Transportation shall enter into a contract with a third party

9 to assist with the transition plan, including the transition

10 of certain functions between the Service Boards and the

11 Authority. This contract shall also include a study of the

12 functions outlined in subsection (f) (e) to inform the optimum

13 allocation of those functions to allow for the efficient

14 exercise by the Authority of the powers under this Act and the

15 Chicago Transit Authority Act, the Suburban Bus Division under

16 Article 3A, the Commuter Rail Division under Article 3B, and

17 the Chicago Transit Authority under the Chicago Transit

18 Authority Act.

19  (b) To assist the contracted third party and the

20 Authority, a Transition Working Group shall be established and

21 supported by the Authority that shall be consulted throughout

22 the transition process.

23  (1) The Transition Working Group shall be made up of

24  15 members, comprised of representatives from the

25  Authority, each of the Service Boards, and at least one

26  member from a statewide labor organization recognized
    HB2335 Enrolled      - 250 - LRB104 09655 LNS 19721 b

1   under the National Labor Relations Act or the Railway

2   Labor Act, who reside and resides within the 6-county

3   metropolitan region of the Authority.

4   (2) The Transition Working Group shall meet regularly

5   with the Authority and the hired third party throughout

6   the duration of the contract to provide insight into the

7   workings of the Authority and Service Boards.

8   (3) As needed, the Transition Working Group shall

9   convene and assemble other necessary staff of the Service

10  Boards and the Authority to aid in the transition.

11  (4) The Authority shall appoint the members of the

12  Transition Working Group by October 1, 2026.

13  (c) The Service Boards shall work closely with the

14 Authority and provide all relevant data and information

15 necessary to complete the transition plan. The Authority shall

16 have access to and the right to examine and copy all books,

17 documents, papers, records, or other source data of a Service

18 Board relevant to any information submitted under this

19 Section.

20  (d) The Authority shall evaluate and propose a transition

21 plan for each of the following:

22  (1) Establishing a new process and coordination

23  between the Authority and the Service Boards to create the

24  5-Year Capital Program. This process shall be established

25  by January 1, 2027.

26  (2) The creation of a universal fare instrument and
    HB2335 Enrolled         - 251 - LRB104 09655 LNS 19721 b

1   necessary coordination between the Authority and the

2   Service Boards. This process shall be established by July

3   1, 2027.

4           (3) The transition from the NITA Law Enforcement Task

5   Force to a sworn law enforcement officer crime prevention

6   program on public transportation and a crime prevention

7   plan to protect public transportation employees and riders

8   in the metropolitan region, as required by Section

9   2.11.10.

10  (e) As part of the development of the transition plan, the

11 Authority and the hired third party shall evaluate the

12 existing policy processes performed by the Authority and each

13 of the Service Boards and develop a process for efficient and

14 effective operations by both the Authority and the Service

15 Boards.

16  (f) As part of the development of the transition plan, the

17 hired third party shall evaluate:

18          (1) procurement, with special consideration given to

19  the consolidation of bulk fuel purchases, information

20  technology services, consulting contracts, and

21  subscriptions;

22          (2) service planning;

23          (3) grant administration;

24          (4) marketing;

25          (5) lobbying;

26          (6) communications, media, and graphic design;
    HB2335 Enrolled  - 252 - LRB104 09655 LNS 19721 b

1   (7) governmental and legislative affairs; and

2   (8) information technology.

3   As part of the development of the transit plan, the hired

4 third party shall evaluate procurement, with special

5 consideration given to the consolidation of bulk fuel

6 purchases, information technology services, consulting

7 contracts, and subscriptions of:

8   (1) service planning;

9   (2) grant administration;

10  (3) marketing;

11  (4) lobbying;

12  (5) communications, media, and graphics design;

13  (6) governmental and legislative affairs; and

14  (7) information technology.

15  (g) The hired third party shall evaluate existing

16 paratransit programs and produce recommendations for improved

17 coordination and service. The recommendations may include, but

18 are not limited to, improved coordination of paratransit and

19 accessible mainline transportation services, and other

20 measures to improve the customer and worker experience. These

21 recommendations shall be brought to the Board by January 1,

22 2027 for review and approval. The Authority shall take action

23 on these recommendations no later than April 1, 2027 and

24 report back to the Board with progress by January 1, 2028.

25  (h) The Authority shall regularly report to the Board on

26 the status of the transition effort and make recommendations
    HB2335 Enrolled             - 253 - LRB104 09655 LNS 19721 b

1 for Board policies and actions. The Authority and the hired

2 third party shall prepare and convey a summary of their its

3 activities and produce a final report of the transition

4 activities already performed, future recommendations, and

5 relevant data for the General Assembly by July 1, 2027.

6   (i) The Authority shall implement the provisions of the

7 transition plan by ordinance no later than September 30, 2027

8 July 1, 2027, notwithstanding any deadlines provided in this

9 Section, and the Service Boards shall take any corresponding

10 actions required.

11 (Source: P.A. 104-457, eff. 6-1-26.)

12  (70 ILCS 3615/7.03)

13  (This Section may contain text from a Public Act with a

14 delayed effective date)

15  Sec. 7.03. ADA Advisory Council.

16  (a) There is established an ADA Advisory Council. The

17 Board shall appoint at least 5 and not more than 15 members to

18 the ADA Advisory Council.

19  (b) The purpose of the ADA Advisory Council is to advise

20 the Board of the Authority of the impact of Authority

21 policies, programs, and public transportation services on

22 disabled transit riders within the metropolitan region and to

23 make recommendations for how to improve public transportation

24 in the metropolitan region.

25  (c) The Board shall strive to assemble an ADA Advisory
    HB2335 Enrolled  - 254 - LRB104 09655 LNS 19721 b

1 Council that is reflective of the diversity of the

2 metropolitan region, the users of the various modes of public

3 transportation, and the interests of the residents of the

4 region in a strong public transportation system.

5   (d) ADA Advisory Council members shall be appointed to

6 terms of 5 years, may be reappointed to serve multiple terms,

7 and may continue to serve after expiration of their terms

8 until their successors are appointed.

9   (e) The members of the ADA Advisory Council shall elect a

10 Chair, who shall preside over meetings, which shall occur

11 monthly or on such other schedule as is set by vote of the ADA

12 Advisory Council, and shall establish meeting agendas in

13 consultation with fellow ADA Advisory Council members and the

14 Authority.

15  (f) Meetings of the ADA Advisory Council shall be held in

16 compliance with the Open Meetings Act, and the public shall be

17 given an opportunity to attend and comment on matters

18 pertaining to the work of the ADA Advisory Council.

19  (g) The Authority shall designate one or more staff

20 liaisons to provide technical support for the ADA Advisory

21 Council and to facilitate direct communication between the ADA

22 Advisory Council and those in the Authority responsible for

23 delivering public transportation services.

24  (h) The ADA Advisory Council shall:

25  (1) review and comment on proposed Authority budgets,

26  financial plans, capital programs, fare policies, and
    HB2335 Enrolled          - 255 - LRB104 09655 LNS 19721 b

1   service standards;

2   (2) convey concerns pertaining to the quality,

3   efficiency, safety, accessibility, and equity of mainline

4   and paratransit public transportation services as they

5   impact disabled riders;

6   (3) assess the efficacy of Authority initiatives to

7   protect the safety of disabled riders on the public

8   transportation system;

9   (4) prepare and convey recommendations to the

10  Authority for how the Authority can improve the quality,

11  efficiency, and equity of public transportation service

12  for disabled riders in the metropolitan region;

13  (5) serve as a resource for connecting disabled riders

14  and disability advocacy organizations with those in the

15  Authority responsible for delivering public transportation

16  services;

17  (6) advocate for funding, policies, and laws that

18  shall improve public transportation in the metropolitan

19  region; and

20  (7) serve as a resource for Authority staff to discuss

21  proposed changes to services, policies, and technologies

22  affecting disabled transit riders before those changes are

23  implemented.

24  (i) The Authority shall provide adequate technical support

25 so the ADA Advisory Council can function effectively, provide

26 regular briefings briefing on service delivery issues and
    HB2335 Enrolled         - 256 - LRB104 09655 LNS 19721 b

1 other topics of interest for transit riders, make staff

2 responsible for delivery of public transportation services

3 accessible to the ADA Advisory Council, give the ADA Advisory

4 Council sufficient information and time to comment on proposed

5 plans and policies, and take into account the comments and

6 recommendations of the ADA Advisory Council before taking

7 action on initiatives that impact public transit riders.

8   (j) The Authority shall establish an Office of Disability

9 of Policy and Planning, whose initial responsibilities shall

10 include developing ADA-related training standards, complaint

11 and comment procedures, paratransit eligibility criteria, and

12 a regional Transit Accessibility Plan in collaboration with

13 the ADA Advisory Council Committee.

14  (k) Members of the ADA Advisory Council shall serve

15 without compensation but shall be entitled to reimbursement of

16 reasonable and necessary costs incurred in the performance of

17 their duties.

18  (l) (Blank). ADA Advisory Council members are subject to

19 public transportation usage requirements applicable to

20 Directors.

21 (Source: P.A. 104-457, eff. 6-1-26.)

22  (70 ILCS 3615/7.04)

23  (This Section may contain text from a Public Act with a

24 delayed effective date)

25  Sec. 7.04. Riders Advisory Council.
    HB2335 Enrolled         - 257 - LRB104 09655 LNS 19721 b

1   (a) There is established a Riders Advisory Council. The

2 Board shall appoint at least 5 and not more than 15 members to

3 the Riders Advisory Council.

4   (b) The purpose of the Riders Advisory Council is to

5 advise the Board of the Authority on the impact of Authority

6 policies, programs, and public transportation services on

7 transit riders within the metropolitan region and to make

8 recommendations for how to improve public transportation in

9 the metropolitan region.

10  (c) The Board shall strive to assemble a Riders Advisory

11 Council that is reflective of the diversity of the

12 metropolitan region, the users of the various modes of public

13 transportation, and the interests of the residents of the

14 region in a strong public transportation system.

15  (d) Members of the Riders Advisory Council shall be

16 appointed to terms of 5 years, may be reappointed to serve

17 multiple terms, and may continue to serve after expiration of

18 their terms until their successors are appointed.

19  (e) The members of the Riders Advisory Council shall elect

20 a Chair, who shall preside over meetings, which shall occur

21 monthly or on such other schedule as is set by vote of the

22 Riders Advisory Council, and shall establish meeting agendas

23 in consultation with fellow Riders Advisory Council members

24 and the Authority.

25  (f) Meetings of the Riders Advisory Council shall be held

26 in compliance with the Open Meetings Act, and the public shall
    HB2335 Enrolled     - 258 - LRB104 09655 LNS 19721 b

1 be given an opportunity to attend and comment on matters

2 pertaining to the work of the Riders Advisory Council.

3   (g) The Authority shall designate one or more staff

4 liaisons to provide technical support for the Riders Advisory

5 Council and to facilitate direct communication between the

6 Riders Advisory Council and those in the Authority responsible

7 for delivering public transportation services.

8   (h) The Riders Advisory Council shall:

9   (1) review and comment on proposed Authority budgets,

10  financial plans, capital programs, fare policies, and

11  service standards;

12  (2) convey rider concerns pertaining to the quality,

13  efficiency, safety, accessibility, and equity of public

14  transportation services;

15  (3) assess the efficacy of Authority initiatives to

16  protect the safety of riders on the public transportation

17  system;

18  (4) prepare and convey recommendations to the

19  Authority for how the Authority can improve the quality,

20  efficiency, and equity of public transportation service in

21  the metropolitan region;

22  (5) serve as a resource for connecting riders and

23  rider advocacy organizations with those in the Authority

24  responsible for delivering public transportation services;

25  (6) advocate for funding, policies, and laws that

26  shall improve public transportation in the metropolitan
    HB2335 Enrolled  - 259 - LRB104 09655 LNS 19721 b

1   region; and

2           (7) serve as a resource for Authority staff to discuss

3   proposed changes to services, policies, and technologies

4   affecting transit riders before those changes are

5   implemented Implemented.

6   (i) The Authority shall provide adequate technical support

7 so the Riders Advisory Council can function effectively,

8 provide regular briefings briefing on service delivery issues

9 and other topics of interest for transit riders, make staff

10 responsible for delivery of public transportation services

11 accessible to the Riders Advisory Council, give the Riders

12 Advisory Council sufficient information and time to comment on

13 proposed plans and policies, and take into account the

14 comments and recommendations of the Riders Advisory Council

15 before taking action on initiatives that impact public transit

16 riders.

17  (j) Members of the Riders Advisory Council shall serve

18 without compensation but shall be entitled to reimbursement of

19 reasonable and necessary costs incurred in the performance of

20 their duties.

21  (k) (Blank). Riders Advisory Council members are subject

22 to public transportation system usage requirements applicable

23 to Directors.

24 (Source: P.A. 104-457, eff. 6-1-26.)

25  Section 55. The Regional Transportation Authority Act is
    HB2335 Enrolled  - 260 - LRB104 09655 LNS 19721 b

1 amended by adding Section 3.01.05 as follows:

2   (70 ILCS 3615/3.01.05 new)

3   Sec. 3.01.05. Board of Directors. Beginning September 1,

4 2026, the corporate authorities and governing and

5 administrative body of the Authority shall be a Board

6 consisting of 20 Directors appointed as follows:

7   (a) Five Directors appointed by the Mayor of the City of

8 Chicago, with the advice and consent of the City Council of the

9 City of Chicago. Each Director shall reside in the City of

10 Chicago. Directors appointed under this subsection shall

11 include:

12  (1) one Director with an initial term of 5 years who

13  shall serve as a member of the Board of the Chicago Transit

14  Authority;

15  (2) one Director with an initial term of 3 years who

16  shall serve as a member of the Board of the Chicago Transit

17  Authority;

18  (3) one Director with an initial term of 5 years who

19  shall serve as a director of the Suburban Bus Board;

20  (4) one Director with an initial term of 3 years who

21  shall serve as a director of the Commuter Rail Board; and

22  (5) one Director with an initial term of 5 years.

23  (a-5) Five Directors appointed by the Governor of the

24 State of Illinois with the advice and consent of the Senate.

25 Each Director appointed under this subsection shall reside in
    HB2335 Enrolled          - 261 - LRB104 09655 LNS 19721 b

1 the metropolitan region. Directors appointed under this

2 subsection shall include:

3   (1) one Director with an initial term of 5 years who

4   shall serve as a member of the Board of the Chicago Transit

5   Authority;

6   (2) one Director with an initial term of 3 years who

7   shall serve as a director of the Suburban Bus Board;

8   (3) one Director appointed by the Governor, with the

9   advice and consent of the Senate, with an initial term of 5

10  years who shall serve as a director of the Commuter Rail

11  Board;

12  (4) one Director with an initial term of 5 years; and

13  (5) one Director with an initial term of 3 years.

14  (b) Five Directors appointed by the President of the Cook

15 County Board of Commissioners, with the advice and consent of

16 the Cook County Board of Commissioners, including:

17  (1) one Director representing those communities in

18  Cook County that are outside of the City of Chicago and

19  north of Devon Avenue who shall reside in the area the

20  Director represents, serve an initial term of 3 years, and

21  serve as a director of the Suburban Bus Board;

22  (2) one Director representing those communities in

23  Cook County that are outside of the City of Chicago, south

24  of Devon Avenue, and north of Interstate 55, and in

25  addition the Village of Summit who shall reside in the

26  area the Director represents, serve an initial term of 5
    HB2335 Enrolled  - 262 - LRB104 09655 LNS 19721 b

1   years, and serve as a director of the Suburban Bus Board;

2   (3) one Director representing those communities in

3   Cook County that are outside of the City of Chicago, south

4   of Interstate 55, and west of the Interstate 57, excluding

5   the communities of Summit, Dixmoor, Posen, Robbins,

6   Midlothian, Oak Forest, and Tinley Park who shall reside

7   in the area the Director represents, serve an initial term

8   of 3 years, and serve as a director of the Commuter Rail

9   Board;

10  (4) one Director representing those communities in

11  Cook County that are outside of the City of Chicago and

12  east of Interstate 57, and, in addition, the communities

13  of Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and

14  Tinley Park who shall reside in the area the Director

15  represents, serve an initial term of 5 years, and serve as

16  a director of the Commuter Rail Board; and

17  (5) one Director with an initial term of 3 years who

18  shall serve as a member of the Board of the Chicago Transit

19  Authority.

20  (b-5) Five Directors appointed by the chairs of the county

21 boards of Kane, Lake, McHenry, DuPage, and Will counties. Each

22 chair shall appoint one Director for the chair's county, with

23 the advice and consent of the chair's county board. Each

24 Director shall reside in the county from which the Director is

25 appointed. Directors appointed under this subsection shall

26 include:
    HB2335 Enrolled      - 263 - LRB104 09655 LNS 19721 b

1   (1) one Director appointed by the Chairman of the

2   DuPage County Board with an initial term of 5 years who

3   shall serve as a director of the Suburban Bus Board;

4   (2) one Director appointed by the Chairman of the Kane

5   County Board with an initial term of 3 years who shall

6   serve as a director of the Suburban Bus Board;

7   (3) one Director appointed by the Chairman of the Lake

8   County Board with an initial term of 3 years who shall

9   serve as a director of the Commuter Rail Board;

10  (4) one Director appointed by the Chairman of the

11  McHenry County Board with an initial term of 5 years who

12  shall serve as a director of the Commuter Rail Board; and

13  (5) one Director appointed by the County Executive of

14  Will County Board who shall reside in Will County, serve

15  an initial term of 3 years, and serve as a director of the

16  Suburban Bus Board.

17  (b-7) Initial appointments of members under subsection (a)

18 must be made in time for the members to begin their terms on

19 September 1, 2026.

20  (b-10) On September 1, 2026, the terms of all directors

21 serving on the effective date of this amendatory Act of the

22 104th General Assembly and of any directors appointed to fill

23 a vacancy shall immediately expire. If a vacancy on the Board

24 occurs before September 1, 2026, then the vacancy shall be

25 filled under Section 3.03. Directors serving on the effective

26 date of this amendatory Act of the 104th General Assembly may
    HB2335 Enrolled             - 264 - LRB104 09655 LNS 19721 b

1 be reappointed.

2   (b-15) Directors have been appointed when appointments are

3 filed with and accepted by the Secretary of State in

4 accordance with subsection (g). The initial Directors

5 appointed after the effective date of this amendatory Act of

6 the 104th General Assembly shall serve terms of office

7 beginning on September 1, 2026. All appointments requiring

8 advice and consent of the Senate shall comply with the

9 appointment provisions of Section 9 of Article V of the

10 Illinois Constitution, including the requirement that the

11 Senate be given 60 session days after receipt of a nomination

12 to confirm the appointment.

13  (b-20) On the first meeting of the Board of Directors

14 after September 1, 2026, the Board of Directors shall, by

15 majority vote, elect a Director to serve as Chair of the Board.

16 All subsequent Chairs of the Board shall be elected by a

17 majority vote by the Directors of the Board from among the

18 Directors. Until September 1, 2030, the Chair of the Board

19 must be confirmed by the Senate. Until September 1, 2030, if

20 the Directors elect a Chair of the Board, then the elected

21 Chair of the Board may serve as the acting Chair of the Board

22 until confirmation. Until September 1, 2030, if the Senate

23 votes against confirming the acting Chair of the Board, then

24 the acting Chair of the Board must resign and the Directors

25 must elect a new Chair of Board.

26  (b-25) The subsequent terms of each Director appointed
    HB2335 Enrolled  - 265 - LRB104 09655 LNS 19721 b

1 after September 1, 2026 shall be 5 years.

2   (c) (Blank).

3   (d) (Blank).

4   (e) (Blank).

5   (f) Except as otherwise provided by this Act, no Director

6 shall, while serving as such, be an officer, member of the

7 Board of Directors or Trustees, an employee of any Service

8 Board or Transportation Agency, or an employee of the State,

9 any department or agency of the State, or any municipality,

10 county, or other unit of local government or receive any

11 compensation from any elected or appointed office under the

12 Constitution and laws of Illinois; except that a Director may

13 be a member of a school board, a member of the National Guard,

14 or, if the Director is also a member of the Suburban Bus Board,

15 an elected officer of a municipality.

16  (g) Each appointment made under this Section and under

17 Section 3.03 shall be certified by the appointing authority

18 and filed with the Secretary of State and the Secretary of the

19 Board. The Secretary of the Board shall maintain the

20 certifications as part of the official records of the

21 Authority.

22  (h) (Blank).

23  (i) Directors shall have diverse and substantial relevant

24 experience and expertise for overseeing the planning,

25 operation, and funding of a regional transportation system,

26 including, but not limited to, backgrounds in urban and
    HB2335 Enrolled   - 266 - LRB104 09655 LNS 19721 b

1 regional planning, management of large capital projects, labor

2 and workforce development, business management, public

3 administration, transportation, and community organizations.

4   (j) Those responsible for appointing Directors shall

5 strive to assemble a set of Directors that, to the greatest

6 extent possible, reflects the ethnic, cultural, economic,

7 racial, and geographic diversity of the metropolitan region.

8   (70 ILCS 3615/3B.14.5 rep.)

9   Section 60. The Regional Transportation Authority Act is

10 amended by repealing Section 3B.14.5.

11                    Article 99.

12  Section 99-95. No acceleration or delay. Where this Act

13 makes changes in a statute that is represented in this Act by

14 text that is not yet or no longer in effect (for example, a

15 Section represented by multiple versions), the use of that

16 text does not accelerate or delay the taking effect of (i) the

17 changes made by this Act or (ii) provisions derived from any

18 other Public Act.

19  Section 99-99. Effective date. This Act takes effect June

20 1, 2026.
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